Shenandoah County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE VI
Supplementary Regulations
§ 165-29 Home occupations.
[Amended 11-14-1989; 5-28-1996]
A.
Home occupations are permitted by right, as an accessory use, in zoned districts which allow residential uses, provided that the requirements of this section are met and a home occupation permit has been issued by the Zoning Administrator's Office.
B.
The person conducting the home occupation must be the owner of the dwelling in which the home occupation is to be located, or if the applicant is a tenant, written approval of the owner must be provided.
C.
The home occupation shall be operated only by members of the family residing in the dwelling, with no other employees permitted.
D.
The home occupation shall be clearly incidental or secondary to the use of the dwelling as a residence and shall be restricted to the dwelling only. Home occupation activities shall not occupy more than 25% of the floor area. No accessory building shall be constructed or used for storage of inventory in conjunction with the home occupation.
E.
The home occupation shall not generate any additional traffic beyond what is customary to residential use, nor shall customers be permitted to come to the residence for business.
F.
The exterior of the dwelling shall show no evidence of the attendant home occupation. There shall be no outside display of products, goods or commodities in conjunction with the home occupation. The use of a sign shall also be prohibited.
§ 165-30 Home businesses.
[Amended 11-14-1989; 5-28-1996]
A.
A home business is a commercial activity which is incidental and secondary to the use of the dwelling as a residence, but generally exceeds the requirements for home occupations as set forth in § 165-29.
B.
There shall be two levels of home business: Level 1 and Level 2.
(1)
Level 1 home businesses are permitted by right, as accessory uses, in the C-1, A-1 and R-1 Zoning Districts, provided that the requirements of this section are met and a Level 1 home business permit has been issued by the Zoning Administrator. A Level 1 home business may be permitted, with the issuance of a special use permit, in the R-2 and R-3 Zoning Districts.
(a)
The person conducting the home business must be the owner of the dwelling in which the home business is to be located, or if the person is a tenant, written approval of the owner must be provided.
(b)
The home business shall be operated by members of the family residing in the dwelling and may employ up to two employees.
(c)
One off-street parking space shall be provided for each employee, in addition to those parking spaces required in § 165-86B.
(d)
The home business, with its storage area, shall not occupy more than 25% of the living area within the dwelling. An accessory building may be used only for storage of inventory in conjunction with the home business.
(e)
The home business shall not generate additional traffic beyond what is customary to residential use and that generated by permitted employees. Customers shall not be permitted to come to the residence for business.
(f)
The exterior of the dwelling shall show no evidence of the attendant home business. There shall be no outside display of products, goods or commodities in conjunction with the home business. The use of a sign shall also be prohibited.
(2)
Level 2 homes businesses may be permitted, with the issuance of a special use permit, in zoned districts which allow residential uses.
(a)
The person conducting the home business must be the owner of the dwelling in which the home business is to be located, or if the person is a tenant, written approval of the owner must be provided.
(b)
The home business shall be operated only by members of the family residing in the dwelling, and may employ up to two employees unless otherwise authorized during approval of the special use permit.
(c)
One off-street parking space shall be provided for each employee, in addition to those parking spaces required in § 165-86B.
(d)
The home business, with its storage area, shall not occupy more than 25% of the living area within the dwelling. An accessory building may be used only for storage of inventory in conjunction with the home business, unless otherwise authorized during approval of the special use permit.
(e)
The home business shall give no evidence of nonresidential use other than through the use of a sign meeting requirements as set forth in § 165-90A(3). There shall be no outside display of products, goods or commodities in conjunction with the home business.
§ 165-31 Car washes.
Parking shall be required on the lot to accommodate a minimum of three cars per wash bay for the purpose of avoiding an accumulation of cars backing upon a public thoroughfare.
§ 165-32 Shopping centers.
All shopping centers shall comply with the following requirements in order to be issued a special permit:
A.
No more than 30% of the lot area shall be occupied by buildings.
B.
The distance at the closest point between any two buildings or groups of attached buildings in the shopping center shall not be less than 20 feet.
C.
No building may be located closer than 50 feet to the ultimate right-of-way of any public street or within 25 feet of any other property line. No building shall be closer than 50 feet to a side or rear property line which is adjacent to an agricultural, conservation or residential district.
[Amended 6-24-2008 by Ord. No. 2008-9]
D.
The maximum height of any building shall be 35 feet.
E.
Adequate areas shall be provided for loading and unloading of delivery trucks and other vehicles, servicing of shops by refuse collection, fuel and other service vehicles, automobile accessways and pedestrian walks. The above service areas shall be screened from view from any abutting roadway.
F.
Provisions shall be made for safe and easy access to and from public roads servicing the center without undue congestion to or interference with normal traffic flow. All points of vehicular access to and from public streets shall be located not less than 200 feet from the intersection of any public street lines. The Planning Commission shall satisfy itself as to the adequacy of the road to carry the additional traffic created by the shopping center. Special merging or entrance lanes may be required to avoid congestion and hazards. The State Department of Highways and Transportation shall be consulted by the County.
G.
No parking, access or service area may be located closer than 25 feet to a side or rear property line adjacent to a conservation, agricultural or residential district.
H.
No fewer than 4.25 automobile parking spaces with suitable access shall be provided for each 1,000 gross square feet of building floor area.
[Amended 6-24-2008 by Ord. No. 2008-9]
I.
Parking, loading or service areas used by motor vehicles shall be located entirely within the lot lines of the shopping center and shall be separated from public streets.
J.
Lighting facilities shall be arranged in a manner which will protect the highway and neighboring properties from direct glare or hazardous interference of any kind.
K.
The shopping center shall be permanently screened from adjoining residential districts by a wall, fence, evergreen hedge and/or other suitable enclosure of a minimum height of three feet and a maximum height of seven feet. The Planning Commission may waive the requirements for a screening enclosure and/or screening area if equivalent screening is provided by existing vegetation, parks, recreational areas, or by topography or other natural conditions.
L.
A landscaped planting area shall be provided along street frontage occupied by a shopping center at least 10 feet in depth.
M.
No shopping center shall be erected or used that is not adequately served with both public sanitary sewers and public water unless authorized upon submission of evidence deemed satisfactory by the Planning Commission to the fact that sanitary sewers and public water supply are not feasible in the particular location in question.
§ 165-32.1 Radio and/or television towers.
[Added 5-23-2000 by Ord. No. 00-6]
Television and/or radio towers shall be prohibited from using white flashing aviation obstruction lights, except that a dual lighting system, including red lights for nighttime and medium intensity flashing white lights for daytime and twilight use, as approved by the Federal Aviation Administration, shall be permitted.
§ 165-32.2 Special event centers.
[Added 8-27-2019 by Ord. No. 2019-08]
All special event centers, where allowed, shall comply with the following requirements in addition to any other requirements applicable by special use permit:
A.
No special event shall be conducted for a period longer in duration than three consecutive days.
B.
A site plan shall be submitted with the special use permit application. The site plan shall identify the following:
(1)
The locations where special events will be held and the setback of such locations from the front, rear, and side lot lines;
(2)
The locations of access to and from the special events from public roads;
(3)
The locations of all parking areas and the number of available parking spaces, whether paved or unpaved;
(4)
The locations and square footage for all structures to be used for special events;
(5)
The locations of all sewage or septic facilities.
C.
Special event centers that share a private easement with another property owner(s) must show the easement allows a use of this type or written permission must be obtained by the sharing parties.
D.
Unless otherwise specified by special use permit, special event centers with indoor events spaces shall provide a minimum of one parking space, as defined in § 165-86, for each 200 square feet of floor area in rooms used by event participants for assembly. Special event centers with outdoor event spaces shall provide for a sufficient number of parking spaces to accommodate the number of guests. Parking spaces shall not be designed or located so as to require or encourage cars to back up into or otherwise obstruct a public street. Such parking spaces shall further comply with the requirements in § 165-86, Subsections D through F.
§ 165-32.3 Residential Farms.
[Added 1-7-2020 by Ord. No. 2020-01; amended 3-24-2020 by Ord. No. 2020-06; 6-27-2023 by Ord. No. 2023-07]
A.
Statement of intent: to allow the keeping of livestock, poultry, and apiaries as an accessory use to a single-family dwelling on lots within the Rural Residential — Conservation (RR-C), Rural Residential — Agriculture (RR-A), Low-Density Residential (R-1), and Medium-Density Residential (R-2) Districts in order to promote and protect farming as a hobby and occupation within Shenandoah County. The goal of the regulations is to protect the residential integrity of the surrounding community, health and safety of the residents, and allow the keeping of livestock, poultry, and apiaries.
B.
The keeping of livestock, poultry, and apiaries on parcels within those districts set forth in § 165-32.3A, shall be subject to certain requirements as set forth below:
(1)
Poultry. No more than the following number of poultry animals shall be allowed on a parcel or contiguous parcels under the same ownership. Poultry animals are only permitted as an accessory use to a single-family dwelling.
(a)
For parcels less than two acres in size, a flock of no more than 12 poultry shall be permitted at any one time.
(b)
For parcels two acres or more in size, a flock of no more than 24 poultry shall be permitted at any one time.
(c)
No more than one rooster is allowed at any one time. Guinea fowl, turkeys, geese, and peacocks are prohibited. Large poultry such as ostrich and emu shall be considered livestock.
(d)
Poultry shall not be allowed to roam free and shall be kept in a stationary or portable pen, coop, or fencing at all times to prevent them from escaping.
(2)
Livestock. No more than one animal unit of livestock per acre, subject to the following conditions;
(a)
The allowed number of livestock shall be allowed on a parcel or contiguous parcels under the same ownership. Livestock animals are only permitted as an accessory use to a single-family dwelling.
(b)
The enclosure in which the animals are kept shall be maintained to prevent the migration of soil onto adjoining properties, off-site ditches and waterways.
(c)
In determining the number of livestock permitted, only equine six months or older in age and cattle, sheep, goats, and swine one year or older in age or weaned, whichever comes first, are counted.
(d)
For the purpose of this computation, fractions of an acre shall be rounded down to the next whole number. For example, a parcel that is 1.9 acres shall be allowed one animal unit.
(e)
In determining the number of livestock permitted, combinations of animals are allowed, provided that the ratio of one animal unit per acre is maintained.
(3)
Beekeeping/apiaries. Honeybees must be acquired and beehives constructed and maintained in accordance with Title 3.2, Chapter 44, as amended, of the Code of Virginia, as determined by the State Apiarist.
(4)
Notwithstanding the other provisions of this chapter and in addition to the animal units otherwise permitted, the temporary keeping of livestock or poultry as an educational project approved and sponsored by a youth organization shall be permitted, subject to the requirements of Subsection C and the following:
(a)
The temporary livestock project must be approved by a bona fide educational or agricultural association for youths, such as 4-H Livestock Club, Future Farmers of America (FFA) or similar organizations.
(b)
The Zoning Administrator may require verification that any temporary livestock project to be conducted in accordance with this section has been approved and is sponsored by a bona fide educational or agricultural association for youths.
C.
Keeping of livestock, poultry and apiaries as permitted in this section shall meet the following minimum standards:
(1)
Setbacks. All enclosures, structures, and areas associated with the keeping of animals shall be located in the rear yard, and all enclosures, structures, and areas associated with the keeping of animals shall be set back a minimum of 20 feet from all property lines and a minimum of 30 feet from any private wells, stormwater management facilities, ditches, perennial streams, and springs.
(a)
Setback to property lines may be reduced to less than 20 feet but greater than or equal to five feet by mutual consent of the applicant and adjacent property owner. Consent shall be evidenced by notarized written agreement.
(2)
Best management practices. The property owner shall employ livestock and poultry best management practices for appropriate pasture and any enclosure maintenance, animal feeding, housing and waste, and odor management and reduction in the propagation of insects. This shall not be meant to imply a requirement to eliminate all odors from the keeping of livestock or poultry.
(3)
Notwithstanding the acreage available for agricultural use, the number of animal units allowed shall be limited by the owner's ability to meet the following standards:
(4)
No on-site slaughtering of livestock or poultry shall be permitted.
§ 165-32.4 Homeshares and/or short-term rentals.
[Added 1-26-2021 by Ord. No. 2021-02]
All homeshares and/or short-term rentals, where allowed, shall comply with the following requirements in addition to any other requirements applicable by special use permit:
A.
A fire extinguisher shall be provided and visible in all kitchen and cooking areas and in all non-dwellings. Smoke detectors shall be installed in all locations as identified in the Uniform Statewide Building Code and in all non-dwellings that are the subject of the special use permit.
B.
All rentals, including non-dwellings, shall have approved sanitary facilities approved by the Virginia Department of Health. Portable bathrooms prohibited.
C.
Emergency information must be conspicuously posted inside the property, including contact information for the party responsible for management of the rental.
D.
All non-dwellings shall be issued a 911 address that must be clearly posted outside the rental.
E.
Off-street parking must be provided in accordance with § 165-86C(8).
F.
All non-dwellings and related structures must meet a setback of at least 50 feet from any adjoining property lines.