4-1.1. Permits Issued Prior to Ordinance. Nothing contained in this Ordinance shall be construed to require any change in the plans, construction, or intended use of any building or structure for which a permit was issued by the County prior to the effective date of this Ordinance or subsequent amendment thereto, provided that such construction is commenced prior to the expiration of the permit as specified by the provision of this Ordinance or other applicable laws. In any case where a permit expires or ceases to be valid, or where construction is abandoned for a period of 12 months or greater, further construction and use shall conform with the applicable provisions of this Ordinance.

4-1.2. Existing Uses, Buildings, and Structures. Uses, buildings, and structures existing at the effective date of this Ordinance or subsequent amendment thereto may be continued subject to the provisions of Article V of this Ordinance pertaining to Nonconforming Uses and Features and Section 1-4.4, vested rights.

(Ord. of 10-12-2001)

4-2.1. After the effective date of this Ordinance, no building, structure or land shall be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved, converted or structurally altered except in conformity with all of the regulations specified for the district in which such building, structure or land is located and with all other applicable provisions of this Ordinance, except as provided in Section 4-1.2 and Article V of this Ordinance.

4-2.2. No part of any lot, yard, open space or other feature required for a building, structure or use shall be encroached upon, reduced or eliminated, or considered as lot, yard, open space or other feature for any other building, structure or use, except as may be specifically permitted by the provisions of this Ordinance.

(Ord. of 10-12-2001)

4-3.1. Any lot of record which was lawfully established prior to the effective date of this Ordinance or subsequent amendment thereto and which does not conform with the requirements for minimum lot area or lot width applicable in the district in which such lot is situated, may be devoted to any use permitted in the district, provided that all other applicable provisions of this Ordinance and applicable health regulations shall be met.

4-3.2. If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this Ordinance, and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this Ordinance, and no portion of the parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this Ordinance, nor shall any division of any parcel be made which creates a lot with width or area below the requirements of this Ordinance.

(Ord. of 10-12-2001)

4-4.1. Two Dwelling Units on a Lot: Only one dwelling unit and its accessory buildings, including one accessory dwelling if permitted in the district, shall be located on a single lot, except where the lot width and size is at least twice that of the amount required. A second dwelling unit may be added as long as the second dwelling unit complies with the ordinance yard and lot width requirements as if it were on an individual lot.

4-4.2. More than Two Dwelling Units on a Lot: For a development to contain more than two dwelling units on a lot, a site development plan shall be required and approved by the Planning Commission. The site plan may be an owner-prepared sketch if structure dimensions are clearly shown. The site plan shall include the following items, but the Zoning Administrator may waive any of the information required if it is determined that such information is not necessary to insure conformance with County ordinances or standards.

(1)

Dimensions of site, including length, width, and total size.

(2)

Location of the lot or parcel by vicinity map. Site development plans shall also contain a north arrow, original date, revision dates, and graphical scale.

(3)

Property lines of the parcel proposed for development. If only a portion of a parcel is proposed for development, a "limits of development" shall also be shown.

(4)

The name and address of the property owner and/or developer of the site, if different than the owner.

(5)

The tax parcel number(s) of parcels proposed for development.

(6)

The name of adjacent property owners and the owners of any property on which any utility or drainage easement may be required in conjunction with the development. Tax parcel numbers, existing land use, and zoning for each of these properties shall also be provided.

(7)

The proposed use(s) for the site.

(8)

The names, route numbers, locations, and dimensions of existing and proposed public or private streets, alleys, easements on, or adjacent to the site, and rights-of-way shall also be shown.

(9)

The location, type, and size of site access points such as driveways, curb openings, and crossovers. If existing cuts will serve the site they shall be shown. If new median cuts are proposed, their locations shall also be shown.

(10)

The location of buildings or structures existing or proposed for the site, including their setbacks from property lines, and the distance between buildings or structures.

(11)

Location and design of all existing and proposed utilities, including water, sewer, gas, and electric service.

(12)

The location of the 100-year floodplain on the site.

(13)

The location of proposed buffer yards, screening, and fencing.

(14)

A statement by the owner or developer that the project will be built according to the plan.

(15)

Any additional information requested by the Zoning Administrator.

(Ord. of 10-12-2001)

4-5.1. Accessory buildings and uses, as defined in Article X, are allowed for any permitted use in each district.

4-5.2. All accessory uses shall meet the front, rear and side lot setback requirements for the district in which they are located.

(Ord. of 10-12-2001; Ord. of 4-13-2023(1))

When used only in conjunction with construction work taking place on the site, temporary buildings and construction trailers shall be permitted in any district during the period when construction work is in progress as evidenced by a valid building permit. Such temporary facilities shall be removed immediately upon completion of the construction work.

(Ord. of 10-12-2001)

No junkyard or automobile graveyard shall be established, any portion of which is within 1,000 feet of the nearest edge of the right-of-way of any primary highway, or within 500 feet of the nearest edge of the right-of-way of any other highway or street, except junkyards or automobile graveyards which are screened by natural objects, plantings, fences, or other appropriate means; so as not to be visible from the main-traveled way of the highway, street, or adjoining property owners, or otherwise removed from sight.

(Ord. of 10-12-2001)

County owned, public facilities, including solid waste, and any public utility used solely for local distribution such as water, sewer, cable TV, electric, telephone and natural gas lines shall not be subject to restrictions in this section. Major public utility installations such as electric generating and booster stations, high voltage electric towers, and communications towers are subject to compliance with Article III - District Regulations.

(Ord. of 10-12-2001; Ord. of 9-26-2024(1))

All manufactured homes to be placed or relocated in the County must comply with the Smyth County Manufactured Home Ordinance.

(Ord. of 10-12-2001)

Minimum off-street parking shall be provided at the time of construction of any of the following buildings, or at the time the building is converted or expanded, with adequate provision for access from a public street, as follows:

4-10.1. Multi-Family dwellings, Including Townhouses: Two spaces for every dwelling unit.

4-10.2. Group Homes, Motels, Hotels, bed and Breakfast Establishments, Country Inns and Lodges, Rest Homes: One space for each guest bedroom.

4-10.3. Churches, Auditoriums, Theatres, Stadiums or other Places of Assembly: One space for every five fixed seats.

4-10.4. Retail Stores Selling Directly to the Public and Personal Service Establishments: One space for every 250 square feet of retail floor space.

4-10.5. Restaurants: One space for each four seats provided for customers.

4-10.6. Manufacturing, Wholesale Distribution, or Call Center/Data Processing Facility: One space for every employee, with modifications allowed for shift employment.

4-10.7. Other Commercial Buildings Not Listed Above and Hereafter Erected or Converted, Excluding Storage Warehouses: One parking space for each 250 square feet of business floor space in the building.

(Ord. of 10-12-2001)

4-11.1. All towers must meet or exceed current standards and regulations of the Federal Aviation Administration, the Federal Communications Commission, and any other agency of the federal government with authority to regulate towers and antennas.

4-11.2. Information required for special use permit application: Each applicant requesting a special use permit for a communication tower shall submit a scaled plan and elevation view and supporting drawings, calculations, and other documentation, signed by appropriate licensed professionals, showing the location and dimensions of all proposed improvements. The application shall also be accompanied by a certification that: 1) the proposed tower is compatible for co-location with a minimum of three users including the primary user, and 2) there is no existing tower space suitable to reasonably meet the applicant's engineering requirements.

4-11.3. The tower shall be located no less than 400 feet from any off-site residential dwelling.

4-11.4. All towers and accessory facilities must satisfy the minimum zoning district setback requirements for structures.

4-11.5. Owners of towers shall provide the County co-location opportunities as a community benefit to improve radio communication for County departments and emergency services.

(Ord. of 10-12-2001; Amend of 8-28-2008)

4-12.1. All towers must meet or exceed current standards and regulations of the Federal Aviation Administration, the Federal Communications Commission, and any other agency of the federal government with authority to regulate towers and antennas.

4-12.2. Information Required for Special Use Permit Application: Each applicant requesting a special use permit for a communication tower shall submit a scaled plan and elevation view and supporting drawings, calculations, and other documentation, signed by appropriate licensed professionals, showing the location and dimensions of all proposed improvements.

4-12.3. The height of Emergency Communications Network (ECN) towers shall be dictated by the final engineering design. In a district where ECN towers are permitted, any tower of 200 feet in height or greater shall be properly lighted.

4-12.4. The location of an ECN tower shall be no less than 200 feet from any residential dwelling or structure.

4-12.5. No equipment shall be located on an ECN tower unless such equipment is used solely for emergency services communications by a governmental entity.

4-12.6. In addition to the provisions of Section 4-12.4, all ECN towers and accessory facilities must satisfy the minimum zoning district setback requirements for structures.

4-12.7. Except in District 3.3 (Residential), ECN towers may be installed in any other zoning district with special use permit as defined in Section 10-66 of this Ordinance.

4-12.8. If any provision of Section 4.11 shall conflict with Section 4.12, Section 4.12 shall control for the erection of an ECN tower.

(Ord. of 10-12-2001)

It is recognized that there are some uses in the County that, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances or located in direct proximity to residential neighborhoods, thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. These special regulations are itemized in this section and defined in Section 10. The primary control or regulation is for the purpose of preventing the concentration or location of these used in a manner that would create such adverse effects. Uses subject to these controls are itemized in Section 3-4.2(p) through (x).

4-13.1. No adult use may be established within 1,000 feet of any other such adult use in any zoning district.

4-13.2. No adult use may be established within 1,000 feet of a residentially zoned district, or a school, educational institution, church, public park, playground, playfield, public library or day care center.

4-13.3. The "establishment" of an adult use as referred to herein shall include the opening of such business as a new business, the relocation of such business, the enlargement of such business in either scope or area, or the conversion, in whole or part, of an existing business to any adult use.

4-13.4. In addition to the requirements set forth in this section, all adult uses shall be required to comply with any other ordinances applicable to the same.

4-13.5. Measurements of distance: All distances specified in this section shall be measured from the property line of one use to another. The distance between an adult use and a residentially zoned district shall be measured from the property line of the use to the nearest point of the boundary line of the residentially zoned district.

4-13.6. Exemptions: The following are not considered "adult uses":

(a)

A legitimate theatrical performance where nudity or semi-nudity is only incidental to the primary purpose of the performance.

(b)

A school of art which is operated by an individual, firm, association, partnership, corporation or institution which meets the requirements established in the Code of Virginia (1950), as amended, for the issuance or conferring of, and is in fact authorized there under to issue and confer, a diploma.

(c)

A licensed physical therapy establishment.

(d)

Massage therapists, nail technicians, and cosmetologists licensed by the State of Virginia.

(Ord. of 10-12-2001)

4-14.1. The care of five or fewer children for portions of a day shall be considered a "home occupation" and no conditions more restrictive than either Smyth County Zoning Ordinance Section 10-35 or those imposed on residences occupied by persons related by blood, marriage or adoption shall be imposed, in accordance with Section 15.2-2292 of the Code of Virginia. (Please note this requirement will be changed to "four or fewer children" by Virginia State Code provisions mandated and effective July 1, 2016.)

(Ord. of  8-11-2015, § 1)

4-14.2. The care of six through 12 children shall require notification by certified mail to the last known address of each adjacent property owner for an opportunity to object to the issuance of a zoning permit. The applicant is required to pay for the cost of the certified mailing which shall be handled by the Zoning Administrator's office. If the Zoning Administrator received no written objection from a person so notified within 30 days of the date of sending the letter of notification and determines that the family day home otherwise complies with the provisions of the ordinance, the Zoning Administrator may issue a zoning permit. If denied, the applicant may file an application for a special use permit with the Zoning Administrator as provided in Article VI.

(Ord. of  8-11-2015, § 1)

4-15.1 Townhouses—Requirements. Single family dwelling units constructed in a row of attached units separated by property lines and with open space on at least two sides. Also, the following shall apply:

(1)

Townhouses shall be served by public sewer and water connections.

(2)

Each townhouse unit shall have at least two off-street parking spaces.

(3)

Minimum lot size for each unit shall be 1800 square feet.

(4)

End units shall have a minimum side yard width of 15 feet to be owned by the end units but with an easement for all connecting units to access the back of their units.

(5)

If the back lots of the townhouse units do not adjoin a public street, the back yards shall have a 15 foot easement along the property line.

(Amend of 4-12-2016(1), § 1)

4-15.2 Townhouses—Open space and amenities.

(1)

In any townhouse project resulting in the creation of any open space and amenities thereon, broadly defined, including but not limited to private streets not dedicated to public use, the maintenance and upkeep of such areas and elements shall be provided for by an arrangement acceptable to the county and in compliance with this article or applicable state statutes.

(2)

In any townhouse project consisting of open space and amenities related to the project in such manner that the condominium act is applicable, the project shall conform with the requirements of that act.

(3)

In any townhouse project consisting of open space and amenities related to the project in such manner that the condominium act is not applicable, the developer shall meet the following requirements:

(i)

Establish a nonprofit entity according to the provisions of the Virginia Nonstock Corporation Act, Code of Virginia, § 13.1-801 et seq., whose membership shall be all individuals or corporations owning residential property within the townhouse project and whose purpose shall be to hold title in fee simple to, and be responsible for the maintenance and upkeep of, such open space.

(ii)

Hold title to and be responsible for such open space until such time as conveyance to such a nonprofit entity occurs. Such conveyance shall occur when at least 75 percent of the townhouse units have been sold.

(iii)

Provide proper agreements and covenants running with the land and in favor of the citizens of the county, requiring membership in such a nonprofit entity. Such agreements and covenants shall include, among other things, that any assessments, charges and cost of maintenance of the open space shall constitute a pro rata lien upon the individual townhouse lots, inferior in lien and dignity only to taxes and bona fide duly recorded first and second mortgages or deeds of trust on the townhouse lot.

(4)

The administrator shall notify the state real estate commission in writing requesting their determination as to the applicability of the condominium act for all proposed townhouse projects involving open space and amenities.

(5)

All open space shown on the approved site plan is binding as to location and use proposed.

(Amend of 4-12-2016(1), § 1)

4-16.1. Purpose and intent. The purpose of this article is to provide for and regulate the siting, development, construction, installation, operation, and decommissioning of solar energy facilities in the county in a manner that promotes economic development and the safe, effective, and efficient use of such facilities while protecting the health, safety, and welfare of the community and avoiding adverse impacts on county resources. The intent of this article is to encourage solar energy facilities in a manner that promotes the development of renewable energy sources while limiting impacts on natural resources, including pollinator and wildlife habitats, and existing agricultural, forestal, residential, commercial, industrial, historical, cultural, and recreational uses of property or the future development of such uses of property in the county. This article is not intended to abridge safety, health, environmental, or land use requirements contained in other applicable laws, codes, regulations, standards, or ordinances. This article does not supersede or nullify any provision of local, state, or federal law that applies to solar energy facilities.

(Ord. of 4-13-2023(2))

4-16.2. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Applicant. The person or entity who submits an application to the county for a zoning permit or special use permit, as the case may be, to site, develop, construct, install, and operate a solar energy facility under this article.

Facility owner. The person or entity that owns all or a portion of the solar energy facility, whether or not, it owns the site on which the facility is located.

Integrated PV. Photovoltaics incorporated into building materials, such as shingles.

Large-scale solar energy facility. A renewable energy project that either: (1) generates electricity from sunlight, consisting of one or more PV systems and other appurtenant structures and facilities within the boundaries of the site, or (2) utilizes sunlight as an energy source to heat or cool buildings, heat, or cool water, or produce mechanical power by means of any combination of collecting, transferring, or converting solar-generated energy. The term applies to, but is not limited to, solar photovoltaic systems, solar thermal systems, and solar hot water systems. The term excludes, however, facilities that meet any of the following criteria: (1) it has a project area equal to or less than one acre, (2) it is mounted on or over a building, parking lot, or other previously disturbed area, or (3) it utilizes integrated PV only.

Operator. The person or entity responsible for the overall operation and management of the solar energy facility, if different than the facility owner.

Photovoltaic or PV. Materials and devices that absorb sunlight and convert it directly into electricity.

Previously disturbed. Any area of a site that has undergone mechanical land-forming, construction, or demolition activities within the past 50 years.

Project area. The area within a site used for the construction and operation of the solar energy facility.

Rated capacity. The maximum capacity of a solar energy facility based on the sum total of each photovoltaic system's nameplate capacity.

Site. The property containing a solar energy facility.

Site owner. The person or entity that owns all or a portion of the site, if different than the facility owner.

Small-scale solar energy facility. A solar energy facility that: (1) has a project area of one acre or less; (2) has a rated capacity of 200 kw or less; (3) is mounted on or over a building, parking lot, or other previously disturbed area, or (4) utilizes integrated PV only.

(Ord. of 4-13-2023(2))

4-16.3. Applicability; permitting. The requirements set forth in this article shall govern the siting, development, construction, installation, operation, and decommissioning of solar energy facilities in the county.

(Ord. of 4-13-2023(2))

4-16.4. Applications, procedures and requirements for small-scale solar energy facilities. For proposed small-scale solar energy facilities, the applicant shall submit a project narrative and site plan that comply with subsections (a) and (b) in section 4-16.5. The signage, noise, and lighting requirements in section 4-16.6 shall apply to all small-scale solar energy facilities. The fencing requirement and the height restriction in section 4-16.6 shall apply to all ground-mounted small-scale solar energy facilities. The setback, vegetative buffering, and pollinator habitats requirements in section 4-16.7 shall apply to all small-scale solar energy facilities. Small-scale solar energy facilities are required to have a decommissioning plan and security that comply with subsection (d) of section 4-16.5. The zoning administrator may require additional information from the applicant to determine whether the facility meets these requirements.

(Ord. of 4-13-2023(2))

4-16.5. Applications and procedures for large scale solar energy facilities. In addition to materials required for a special use permit application under sections 4-16.3 and 6-2.4, applications for large scale solar energy facilities shall, unless otherwise provided herein, include the following information:

(a)

Project narrative. A narrative identifying the applicant, facility owner, site owner, and operator, if known at the time of the application, and describing the proposed large scale solar energy facility, including an overview of the project and its location; the size of the site and the project area; the current use of the site; the estimated time for construction and proposed date for commencement of operations; the planned maximum rated capacity of the facility; the approximate number, representative types and expected footprint of solar equipment to be constructed, including without limitation photovoltaic panels; ancillary facilities, if applicable; and how and where the electricity generated at the facility will be transmitted, including the location of the proposed electrical grid interconnection.

(b)

Site plan. The site plan shall include the following information:

(1)

Property lines, minimum required setback lines under this article, and any proposed setback lines that exceed the minimum requirements.

(2)

Existing and proposed buildings and structures, including preliminary location(s) of the proposed solar equipment.

(3)

Existing and proposed access roads, permanent entrances, temporary construction entrances, drives, turnout locations, and parking, including written confirmation from the Virginia Department of Transportation (VDOT) that all entrances satisfy applicable VDOT requirements; provided, however, these requirements shall not exceed VDOT requirements for other types of projects in the underlying zoning district.

(4)

Proposed locations and maximum heights of substations, electrical cabling from the solar systems to the substations, panels, ancillary equipment and facilities, buildings, and structures (including those within any applicable setbacks).

(5)

Fencing as required under this article and other methods of ensuring public safety.

(6)

Areas where the vegetative buffering required in this article will be installed and maintained and areas where pollinator-friendly and wildlife-friendly native plants, shrubs, trees, grasses, forbs, and wildflowers required in this article will be installed and maintained.

(7)

Existing wetlands, woodlands and areas containing substantial woods or vegetation.

(8)

Identification of recently cultivated lands and predominant soil types (based on publicly available data) of those lands.

(9)

Additional information may be required, as determined by the zoning administrator, such as a scaled elevation view and other supporting drawings, photographs of the proposed site, photo or other realistic simulations or modeling of the proposed solar energy project from potentially sensitive locations as deemed necessary by the zoning administrator to assess the visual impact of the project, aerial image or map of the site, and additional information that may be necessary for a technical review of the proposal. The planning commission or board of supervisors may require other relevant information deemed to be necessary to evaluate the application.

(c)

Documentation of right to use property for the proposed facility. Documentation shall include proof of control over the proposed site or possession of the right to use the proposed site in the manner requested. The applicant may redact sensitive financial or confidential information.

(d)

Decommissioning plan; security.

(1)

The applicant shall provide a detailed decommissioning plan that provides procedures and requirements for removal of all parts of the solar energy generation facility and its various structures at the end of the useful life of the facility or if it is deemed abandoned pursuant to section 4-16.8. The plan shall include the anticipated life of the facility, the estimated overall cost of decommissioning the facility in current dollars, the methodology for determining such estimate, and the manner in which the project will be decommissioned. The decommissioning plan and the estimated decommissioning cost will be updated upon the request of the zoning administrator, provided the update shall be no more frequently than once every five years and no less frequently than once every ten years.

(2)

Prior to operation, the applicant must provide security in the amount of the estimated cost of the decommissioning. Options for security include a cash escrow, a performance surety bond, a certified check, an irrevocable letter of credit, or other security acceptable to the county in an amount equal to the estimated decommissioning cost developed and updated in accordance with the decommissioning plan acceptable to the county. The security must remain valid until the decommissioning obligations have been met. The security may be adjusted up or down by the county if the estimated cost of decommissioning the facility changes. The security must be renewed or replaced if necessary to account for any changes in the total estimated overall decommissioning cost in accordance with the periodic updated estimates required by the decommissioning plan. Obtaining and maintaining the requisite security will be a mandatory condition of the special use permit. The security shall be in favor of the county and shall be obtained and delivered to the county before any construction commences.

(3)

The decommissioning plan, cost estimates, and all updates of those plans and estimates shall be sealed by a professional engineer.

(e)

Liability insurance. The applicant shall propose a reasonable amount of liability insurance that the applicant deems adequate to cover operations at the large-scale solar energy facility. The applicant shall provide proof of such reasonable and adequate liability insurance for the large-scale solar energy facility prior to the issuance of a building permit. Obtaining and maintaining the requisite liability insurance will be a mandatory condition of the special use permit.

(f)

Landscaping and screening plan. The applicant must submit a landscaping and screening plan that addresses the vegetative buffering required in this article, including the use of existing and newly installed vegetation to screen the facility. The plan also must address the use of pollinator-friendly and wildlife-friendly native plants, shrubs, trees, grasses, forbs, and wildflowers in the project area and in the setbacks as required by the zoning administrator under this article.

(g)

Erosion and sediment control plan. An erosion and sediment control plan must be approved by the Erosion and Sediment Control plan reviewer prior to any land disturbing activity equal to or over 10,000 square feet.

(h)

Stormwater management plan. A stormwater management plan must be approved by the Stormwater Management plan reviewer prior to any land disturbing activity equal to or over one acre.

(i)

Virginia Cultural Resource Information System report. A report by the Virginia Department of Historic Resources Virginia Cultural Resource Information System must be submitted to identify historical, architectural, archeological, or other cultural resources on or near the proposed facility.

(j)

Additional information. If deemed relevant to the consideration of a special use permit application or the conditions to be included in any special use permit, the zoning administrator, planning commission or board of supervisors may require the applicant to submit any of the following information, either as part of the special use permit application or as a condition of any special use permit:

(1)

As a condition of the special use permit, the applicant will be required to submit a construction plan, including a proposed construction schedule and hours of operation, before obtaining a building permit.

(2)

The identification and location of any existing large scale solar energy facilities and any known proposed large scale solar energy facilities within a five-mile radius of the proposed site.

(3)

A report of impact on adjacent property values prepared by a qualified third-party, such as a licensed real estate appraiser.

(4)

An economic impact analysis prepared by a qualified third-party that reports any expected change in the value of the subject property, expected employment during the construction of the facility, any expected impact on the county's tax revenues, the estimated costs to the county associated with the facility in the form of additional services, and information on any other economic benefits or burdens from the facility that may be requested by the zoning administrator.

(5)

A copy of the cultural resources review conducted in conjunction with the state department of historic resources for the permit by rule process shall be submitted by the applicant prior to the issuance of a building permit. This report shall be in addition to the report required in subsection (j)(1) and shall further identify historical, architectural, archeological, or other cultural resources on or near the proposed facility.

(6)

A report on the potential impacts on wildlife and wildlife habitats at the site and within a two-mile radius of the proposed facility using information provided by the state department of game and inland fisheries or a report prepared by a qualified third-party.

(7)

A glint and glare study that demonstrates either that the panels will be sited, designed, and installed to eliminate glint and glare effects on roadway users, nearby residences, commercial areas, and other sensitive viewing locations, or that the applicant will use all reasonably available mitigation techniques to reduce glint and glare to the lowest achievable levels. The study will assess and quantify potential glint and glare effects and address the potential health, safety, and visual impacts associated with glint and glare. Any such assessment must be conducted by qualified individuals using appropriate and commonly accepted software and procedures.

(k)

Review fees. The county may retain qualified third parties to review portions of a permit application that are outside the county's areas of expertise and do not have adequate state and federal review. Any out-of-pocket costs incurred by the county for such review by qualified third parties shall be paid by applicant. The third-party reviewers and their estimated costs will be submitted to applicant for approval before the costs are incurred. The county may, in the alternative, accept such review by qualified third parties selected, retained, and paid by the applicant.

(l)

Community meeting. A public meeting shall be held prior to the public hearing with the planning commission to give the community an opportunity to hear from the applicant and ask questions regarding the proposed facility. The meeting shall adhere to the following:

(1)

The applicant shall inform the zoning administrator and adjacent property owners in writing of the date, time and location of the meeting, at least seven but no more than 14 days, in advance of the meeting date;

(2)

The date, time and location of the meeting shall be advertised in a newspaper of record in the county by the applicant, at least seven but no more than 14 days, in advance of the meeting date;

(3)

The meeting shall be held within the county, at a location open to the general public with adequate parking and seating facilities that will accommodate persons with disabilities;

(4)

The meeting shall give members of the public the opportunity to review application materials, ask questions of the applicant and provide feedback; and

(5)

The applicant shall provide to the zoning administrator with a summary of any input received from members of the public at the meeting.

(m)

Exemptions. The zoning administrator may exempt applications for facilities smaller than four acres with a rated capacity equal to or less than one megawatt (MW) from some of the requirements of this section; provided, however, the zoning administrator may not exempt applications from any of the requirements included in section 4-16.4.

(n)

Post-application documentation and approvals. All documentation required to be submitted to and approvals required from the county after the issuance of the permit shall, unless otherwise stated in the conditions attached to the special use permit, be submitted, or obtained no later than the date of any application for a building permit for the facility. The failure or refusal to submit required documentation or obtain required approvals following the issuance of a special use permit shall result in the suspension of the special use permit and the denial of the building permit.

(Ord. of 4-13-2023(2))

4-16.6. Location, appearance, and operational requirements. The following requirements apply to large scale solar energy facilities:

(a)

Visual impacts. The applicant shall demonstrate through project siting and proposed mitigation, if necessary, that the solar project minimizes impacts on viewsheds, including from residential areas and areas of scenic, historical, cultural, archaeological, and recreational significance. The facility shall utilize only panels that employ anti-glare technology, anti-reflective coatings, and other available mitigation techniques, all that meet or exceed industry standards, to reduce glint and glare. The applicant shall provide written certification from a qualified expert acceptable to the county that the facility's panels incorporate and utilize anti-glare technology and anti-reflective coatings and reduce glint and glare to levels that meet or exceed industry standards.

(b)

Noise. Noise levels from the facility shall comply at all times with the county noise ordinance, as adopted and from time to time amended.

(c)

Setbacks. The project area shall be set back a distance of at least 150 feet from all public rights-of-way and main buildings on adjoining parcels, and a distance of at least 100 feet from adjacent property lines. Exceptions may be made for adjoining parcels that are owned by the applicant, and all interior lot lines within the project area. Increased setbacks up to 300 feet and additional buffering may be included in the conditions for a particular permit. Access, erosion and stormwater structures, and interconnection to the electrical grid may be made through setback areas provided that such are generally perpendicular to the property line.

(d)

Fencing. The project area shall be enclosed by security fencing not less than six feet in height and equipped with an appropriate anticlimbing device such as strands of barbed wire on top of the fence. The height and/or location of the fence may be altered in the conditions for a particular permit. Fencing must be installed on the interior of the vegetative buffer required in this section so that it is screened from the ground level view of adjacent property owners. The fencing shall be maintained at all times while the facility is in operation.

(e)

Vegetative buffer. A vegetated buffer sufficient to mitigate the visual impact of the facility is required. The buffer shall consist of a landscaped strip at least 15 feet wide, shall be located within the setbacks required under subsection (d), and shall run around the entire perimeter of the property. The buffer shall consist of existing vegetation and, if deemed necessary for the issuance of a special use permit, an installed landscaped strip consisting of multiple rows of staggered trees and other vegetation. This buffer should be made up of plant materials at least three feet tall at the time of planting and that are reasonably expected to grow to a minimum height of eight feet within three years. The planning commission or board of supervisors may require increased setbacks and additional or taller vegetative buffering in situations where the height of structures or the topography affects the visual impact of the facility. Non-invasive plant species and pollinator-friendly and wildlife-friendly native plants, shrubs, trees, grasses, forbs and wildflowers must be used in the vegetative buffer. Fencing must be installed on the interior of the buffer. Until such time as the vegetative buffer completely screens the solar energy facility from the view of adjacent property owners, the owner and/or operator shall use green privacy slats in the required fencing. A recommendation that the screening and/or buffer creation requirements be waived or altered may be made by the planning commission when the applicant proposes to use existing wetlands or woodlands, as long as the wetlands or woodlands are permanently protected for use as a buffer. Existing trees and vegetation may be maintained within such buffer areas except where dead, diseased or as necessary for development or to promote healthy growth, and such trees and vegetation may supplement or satisfy landscaping requirements as applicable. If existing trees and vegetation are disturbed, new plantings shall be provided for the buffer. The buffer shall be maintained for the life of the facility.

(f)

Pollinator habitats. The project area will be seeded with appropriate pollinator-friendly native plants, shrubs, trees, grasses, forbs and wildflowers as required by the zoning administrator. The project area will be seeded promptly following completion of construction in such a manner as to reduce invasive weed growth and sediment in the project area. The owners and operator also are required to install pollinator-friendly native plants, shrubs, trees, grasses, forbs and wildflowers in the setbacks and vegetative buffering.

(g)

Height. Ground-mounted solar energy generation facilities shall not exceed a height of 20 feet, which shall be measured from the highest natural grade below each solar panel. This limit shall not apply to utility poles and the interconnection to the overhead electric utility grid.

(h)

Lighting. Lighting shall be limited to the minimum reasonably necessary for security purposes and shall be designed to minimize off-site effects. Lighting on the site shall comply with any dark skies ordinance the board of supervisors may adopt or, from time to time, amend.

(i)

Density; location. Large scale solar energy facilities shall not be located within one mile of an airport unless the applicant submits, as part of its application, written certification from the Federal Aviation Administration that the location of the facility poses no hazard for, and will not interfere with, airport operations. In addition, no more than five percent of the land in a five-mile radius of the project area of any existing large scale solar energy facility may be approved for use as the project area for a new large scale solar energy facility, except as provided herein. Notwithstanding the foregoing maximum density, the board may, in compelling circumstances deemed appropriate by the board, approve a special use permit for large scale solar energy facilities that exceed the maximum density set forth in the preceding sentence.

(j)

Entry and inspection. The owners and/or operator will allow designated county officials access to the facility for inspection purposes, provided such inspectors will be subject to the owners' and/or operator's safety requirements and protocols while within the facility.

(Ord. of 4-13-2023(2))

4-16.7. Additional considerations for conditions. To preserve and protect county viewsheds and resources, to protect the health, safety, and welfare of the community, and to otherwise advance the purpose and intent of this article, the following non-exhaustive list of additional criteria may be considered by the planning commission and the board of supervisors in addressing whether to recommend or grant a permit, and what conditions to impose on any permit, for a large scale solar energy facility:

(a)

The topography of the site and the surrounding area.

(b)

The proximity of the site to, observability from, and impact on urban and residential areas.

(c)

The proximity of the site to, observability from, and impact on areas of historical, cultural, and archaeological significance.

(d)

The proximity of the site to other large scale solar energy facilities, other energy generating facilities, and utility transmission lines.

(e)

The proximity of the site to, observability from, and impact on areas of scenic significance, such as scenic byways, vistas, and blueways.

(f)

The proximity of the site to, observability from, and impact on public rights-of-way, including but not necessarily limited to highways, secondary roads, streets, and scenic byways.

(g)

The proximity of the site to, observability from, and impact on recreational areas, such as parks, battlefields, trails, lakes, rivers, and creeks.

(h)

The proximity of the site to airports.

(i)

The preservation and protection of wildlife and pollinator habitats and corridors.

(j)

The proximity of the site to any urban planning area or community planning area identified in the comprehensive plan.

(k)

The size of the site.

(l)

The proposed use of available technology, coatings, and other measures for mitigating adverse impacts of the facility.

(m)

Any other criteria addressed in sections 4-16.5 and 4-16.6 of this article.

(n)

The preservation and protection of prime farmland in the county, provided that:

(1)

"Prime farmland" shall have the meaning assigned to it by the Natural Resource Conservation Service of the United States Department of Agriculture, except that lands established in silvaculture shall not be considered prime farmland;

(2)

If no more than ten percent of the site is prime farmland, this consideration will be waived;

(3)

If more than ten percent of the site is prime farmland that is not contiguous, this consideration may be waived;

(4)

If more than ten percent of the site is prime farmland that is contiguous, the prime farmland can be removed from the project area; and

(5)

The board of supervisors may waive any or all of the foregoing.

(o)

The proposed dedication of real property of substantial value or substantial cash payments for, or proposed construction of, substantial public improvements, the need for which is not generated solely by the granting of a special use permit, so long as reasonably related to the project.

The enumeration of these criteria shall not prohibit the planning commission or board of supervisors from considering other factors deemed relevant to a specific special use permit application based on the details of the application. Nothing herein shall limit in any manner the nature and scope of reasonable conditions that may be recommended by the planning commission or imposed by the board of supervisors.

(Ord. of 4-13-2023(2))

4-16.8. Unsafe or abandoned projects; decommissioning.

(a)

If a solar energy facility has been determined to be unsafe by the county building official, the facility shall be required to be repaired by the facility owner, site owner, or operator to meet federal, state, and local safety standards, or to be removed by the owners or operator. The owners or operator must complete the repair or removal of the facility, as directed by the building official, within the time period allowed by the building official. If directed to do so by the building official, the owners or operator will remove the solar energy facility in compliance with decommissioning plan established for such facility.

(b)

If any solar energy generation facility is not operated for a continuous period of 12 months, the county may notify the facility owner by registered mail and provide 45 days for a response. In its response, the facility owner shall set forth reasons for the operational difficulty and provide a reasonable timetable for corrective action. If the county deems the timetable for corrective action to be unreasonable, it may notify the facility owner, and the facility owner, site owner, or operator shall remove the solar energy facility in compliance with decommissioning plan established for such facility.

(c)

At such time that a solar energy facility is scheduled to be abandoned, the facility owner, site owner, or operator shall notify the zoning administrator in writing.

(d)

Within 365 days of the date of abandonment, whether as declared by the county under subsection (b) or as scheduled by the owners or operator under subsection (c), the facility owner, site owner, or operator shall complete the physical removal of the solar energy facility in compliance with decommissioning plan established for such facility. This period may be extended at the request of the owners or operator, upon approval of the board of supervisors.

(e)

When the facility owner, site owner, operator, or other responsible party decommissions a solar energy facility, he shall handle and dispose of the equipment and other facility components in conformance with federal, state, and local requirements. All equipment, both above and below ground, must be removed as part of the decommissioning plan. Internal paths, roads, travel ways, and landscaping may be left at the discretion of the site owner.

(f)

If the facility owner, site owner, or operator fails to timely remove or repair an unsafe or abandoned solar energy facility after written notice, the county may pursue a legal action to have the facility removed at the expense of the facility owner, site owner, or operator, each of whom shall be jointly and severally liable for the expense of removing or repairing the facility. The county also may call upon the decommissioning security to remove the facility.

(Ord. of 4-13-2023(2))

4-16.9. Federal, state, and local requirements.

(a)

Compliance with uniform statewide building code. All solar energy facilities shall be constructed and operated in compliance with the uniform statewide building code.

(b)

Compliance with National Electric Code. All solar energy facilities shall be constructed and operated in compliance with the National Electric Code.

(c)

Compliance with regulations governing electric energy supply. Large scale solar energy facilities connected to the utility grid must comply with permitting requirements of the state corporation commission or the permit by rule requirements of the department of environmental quality, as applicable.

(d)

FAA regulations. All solar energy facilities must meet or exceed the standards and regulations of the Federal Aviation Administration.

(e)

Other applicable laws. All solar energy facilities shall be constructed and operated in compliance with all applicable local, state, and federal laws, rules, regulations, permit requirements, and ordinances.

(Ord. of 4-13-2023(2))

4-16.10. Revenue sharing.

(a)

In accordance with the authority granted localities pursuant to Code of Virginia § 58.1-2636, as amended, the county hereby assesses: (i) a revenue share of $1,400.00 per megawatt, as measured in alternating current (AC) generation capacity of the nameplate capacity of the facility based on submissions by the facility owner to the interconnecting utility, on any solar photovoltaic (electric energy) project and (ii) a revenue share of $1,400.00 per megawatt, as measured in alternating current (AC) storage capacity, on any energy storage system.

(b)

The revenue share of $1,400.00 per megawatt imposed pursuant to subsection (a) of this section shall be increased on April 23, 2023, and every five years thereafter, by ten percent.

(c)

For purposes of this section, "solar photovoltaic (electric energy) project" shall not include any project that is (i) described in §§ 56-594, 56-594.01, or 56-594.2 or Chapters 358 and 382 of the Acts of Assembly of 2013, as amended; (ii) 20 megawatts or less, as measured in alternating current (AC) generation capacity, for which an initial interconnection request form has been filed with an electric utility or a regional transmission organization on or before December 31, 2018; or (iii) five megawatts or less.

(Ord. of 4-13-2023(2))

(a)

Application. Each application for a Special Use Permit for a battery storage facility shall include the following general information:

(1)

Decommissioning plan. As part of the project application, the applicant shall submit a decommissioning plan, which shall include the following:

a.

The anticipated life of the project;

b.

Contact information for the party responsible for site decommissioning;

c.

Timeline for, and written description of, decommissioning procedures which shall include, but not limited to, removal of any above and below ground tanks, cables, fencing, debris, buildings, structures or equipment, to include foundations and pads, related to the facility and restoration land and related disturbed areas to a natural condition or other approved state. At time of approval, the Board of Supervisors may approve and condition a request by an applicant to have certain items intended to be utilized to serve a permitted use on the site to remain, provided site plan approval is obtained;

d.

"Natural condition" shall be taken to mean the stabilization of soil and restoration of site vegetation and topography to its pre-existing condition to prevent erosion, provided that the exact method and final site restoration plan shall be subject to site plan review giving, among other things, consideration to impacts upon future site use, environmental and adjacent property impacts. The director of planning or their designee may approve a request by the landowner for alternatives to site restoration to allow roads, pads or other items which will serve a future permitted site use to remain. Where applicable, if the director of planning or their designee determines that a restoration plan significantly deviates from the description and conditions approved by the Board of Supervisors such plan shall require amendment of the conditions by Board of Supervisors.

(2)

Project description. A narrative identifying the applicant, owner, and operator, and describing the proposed battery storage facility, including an overview of the project, its location, and maintenance plan for the project; approximate rated capacity of the battery storage facility; a description of ancillary facilities, if applicable; and analysis of the beneficial and adverse impacts of the proposed project on natural and historic resource, prime agricultural soils, or forest lands.

(3)

Site plan. The site plan shall conform to the preparation and submittal requirements of the County site plan review process, including supplemental plans and submissions, and shall include the following information:

a.

Existing and proposed buildings, battery enclosures and structures, including preliminary location(s) of all proposed equipment;

b.

Existing and proposed access roads, drives, turnout locations, and parking;

c.

Location of any substations, electrical cabling, ancillary equipment, buildings, and structures (including those within any applicable setbacks);

d.

Appropriate access and water supply as required by the authority having jurisdiction of the County of Smyth; and

e.

Fencing or other methods of ensuring public safety. The project area shall be enclosed by security fencing not less than six feet in height and equipped with an appropriate anticlimbing device such as strands of barbed wire on top of the fence. The height and/or location of the fence may be altered in the conditions for a particular permit. Fencing must be installed on the interior of the vegetative buffer required in this section so that it is screened from the ground level view of adjacent property owners. The fencing shall be maintained at all times while the facility is in operation.

(b)

Special requirements.

(1)

Installation and maintenance of any electrical storage system (ESS) shall comply with all applicable provisions of the Virginia Building Codes and the Virginia Statewide Fire Prevention Codes.

(2)

When the owner or other responsible party decommissions a battery storage facility, they shall handle and dispose of the equipment and other project components in conformance with federal, state, and local requirements.

(3)

At such a time that a battery storage facility is scheduled to be abandoned, the owner or operator shall notify the Building and Zoning Department or designee.

(4)

Within 365 days of the date of abandonment, the owner or operator shall complete the physical removal of the battery storage facility. This period may be extended at the request of the owner or operator, upon approval of the Board of Supervisors.

(5)

A 50 foot setback for buildings and battery cabinet containers shall be required along all lot lines.

(6)

An emergency action plan as required by the authority having jurisdiction of the County of Smyth; and

(7)

Vegetative buffer. A vegetated buffer sufficient to mitigate the visual impact of the facility is required. The buffer shall consist of a landscaped strip at least 15 feet wide, shall be located within the setbacks required under subsection (b.5), and shall run around the entire perimeter of the property. The buffer shall consist of existing vegetation and, if deemed necessary for the issuance of a special use permit, an installed landscaped strip consisting of multiple rows of staggered trees and other vegetation. This buffer should be made up of plant materials at least three feet tall at the time of planting and that are reasonably expected to grow to a minimum height of eight feet within three years. The planning commission or board of supervisors may require increased setbacks and additional or taller vegetative buffering in situations where the height of structures or the topography affects the visual impact of the facility. Non-invasive plant species and pollinator-friendly and wildlife-friendly native plants, shrubs, trees, grasses, forbs and wildflowers or any reasonable alternatives proposed by the owner and approved by the County must be used in the vegetative buffer. Fencing must be installed on the interior of the buffer. Until such time as the vegetative buffer completely screens the batter energy storage facility from the view of adjacent property owners, the owner and/or operator shall use green privacy slats in the required fencing. A recommendation that the screening and/or buffer creation requirements be waived or altered may be made by the planning commission when the applicant proposes to use existing wetlands or woodlands, as long as the wetlands or woodlands are permanently protected for use as a buffer. Existing trees and vegetation may be maintained within such buffer areas except where dead, diseased or as necessary for development or to promote healthy growth, and such trees and vegetation may supplement or satisfy landscaping requirements as applicable. If existing trees and vegetation are disturbed, new plantings shall be provided for the buffer. The buffer shall be maintained for the life of the facility.

(c)

Factors relating to approval. Before issuing any Special Use Permit for a battery storage facility, the Board of Supervisors shall give due consideration to the following factors, among others:

(1)

The visual impact of the project, in conjunction with landscaping and screening plans;

(2)

Impacts to protected environmental features; and

(3)

An onsite fire monitoring system or fire watch prevention plan as required by the authority having jurisdiction of the County of Smyth.

(d)

Bonding requirements. The Board of Supervisors may require a bond or letter of credit in an amount and with surety satisfactory to the Building and Zoning Department, securing the County of Smyth compliance with the conditions and limitations set forth in the Special Use Permit.

(Ord. of 8-10-2023(2))

(a)

Setbacks.

(1)

The following dimensional requirements shall apply to the installation of wind turbines and/or wind energy facilities:

(2)

As part of the Special Use Permit or Zoning Permit approval process, the property owner(s) may waive the setback requirements for occupied buildings on the subject property and adjacent property by signing a waiver that sets forth the applicable setback provisions and proposed changes. The written waiver shall describe how the proposed wind turbine and/or wind energy facility is not in compliance, and state that consent is granted for the wind turbine and/or wind energy facility to not be setback as required by this section. Any such waiver shall be signed by all affected property owners and be recorded. The waiver shall advise all subsequent purchasers of any burdened property that waiver of setback shall run with the land and may forever burden the subject property.

(b)

Installation and design.

(1)

The installation and design of the wind energy facility shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI).

(2)

All electrical and mechanical components of the wind energy facility shall conform to relevant and applicable local, state, and national codes.

(3)

Any on-site transmission or power lines shall, to the maximum extent possible, be placed underground.

(4)

The visual appearance of wind energy facilities shall at a minimum:

A.

Maintain a galvanized finish and be a non-obtrusive color such as white, off-white, or gray.

B.

Not display advertising (including flags, streamers, or decorative items), except for identification of the turbine manufacturer, facility owner and operator.

(c)

Decommissioning or abandonment.

(1)

The wind energy facility owner, and/or operator and/or property owner shall have three months to complete decommissioning of the facility if no electricity is generated for a continuous period of 24 months.

(2)

Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, and any other associated facilities.

(3)

Disturbed earth shall be graded and re-seeded unless the landowner requests in writing that the access roads or other land surface areas not be restored.

(4)

A performance surety, in a form approved by the County Attorney, shall be submitted by the applicant prior to the issuance of a building permit to ensure removal of the wind energy facility when it is no longer to be used for wind generation.

(Ord. of 8-10-2023(3))