Chapter 165, ZONING

[HISTORY: Adopted by the Board of Supervisors of Shenandoah County 9-12-1978. Amendments noted where applicable.]

GENERAL REFERENCES
Building construction -- See Ch. 71.
Erosion and sediment control -- See Ch. 87.
Subdivision of land -- See Ch. 142.
Fees -- See Ch. A170.

 

ARTICLE I, Purpose, Title and Definitions

§ 165-1. Purpose. [Amended 9-23-1997 by Ord. No. 97-7; 11-26-2002 by Ord. No. 02-12]

For the purpose of promoting the health, safety or general welfare of the public and of further accomplishing the objectives of § 15.2-2283, Code of Virginia, as amended, the following is adopted as the Zoning Ordinance of Shenandoah County, Virginia, together with the accompanying maps. This chapter is intended to give effect to the policies and objectives set forth in the Comprehensive Plan of Shenandoah County.

 

§ 165-2. Title.

This chapter is known and may be cited as the "Zoning Ordinance of Shenandoah County, Virginia."

 

§ 165-3. Word usage.

A. Words used in the present tense include the future tense; words used in the singular number include the plural number, and words in the plural number include the singular number; unless the obvious construction of the wording indicates otherwise. Any reference to gender shall include both the masculine and the feminine.

B. The word "shall" is mandatory; "may" is permissive.

C. Unless otherwise specified, all distances shall be measured horizontally and at right angles to the line in relation to which the distance is specified.

D. The word "building" includes the word "structure"; the word "lot" includes the words "plots" and "parcels."

E. The word "used" includes "erected," "reconstructed," "altered," "placed" or "moved."

F. The terms "land use" and "use of land" include "building use" and "use of building."

G. The word "state" means the Commonwealth of Virginia.

H. The word "County" means the County of Shenandoah, Virginia.

I. The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.

 

§ 165-4. Definitions. [Amended 4-24-2007 by Ord. No. 2007-08; 4-24-2007 by Ord. No. 2007-09;6-26-2007]

For the purpose of this chapter, certain words and terms are defined as follows:

ACCESS -- A public or private right-of-way providing the ability to enter, approach or pass to and from one area to another area.

ACCESSORY USE -- A subordinate use or structure customarily incidental to and located upon the same lot occupied by the main use or building.

ACREAGE -- A parcel of land, regardless of area, described by metes and bounds which is not a numbered lot on any recorded subdivision plat.

ADMINISTRATOR, THE -- A person who is, by resolution of the Board of Supervisors, charged with the enforcement of this chapter. [EN]1

ADULT-CARE CENTER -- A state-licensed facility in which aged, disabled, or mentally impaired persons over the age of 18 years, not including those who are related by blood, marriage, or adoption to the people who maintain the facility, are received for care, protection, and guidance, including meals, during only part of the twenty-four-hour day. [Added 11-27-2001 by Ord. No. 01-8]

AGRICULTURE -- The tilling of the soil, the raising of crops, horticulture, forestry and gardening, including the keeping and raising of animals, fish and fowl.

AIRPORT, COMMERCIAL (including air park, flight strip, airfield and heliport) -- A place where aircraft may take off or land, discharge or receive cargoes and/or passengers, be repaired, take on fuel, or be stored, provide flight instructions and where fees are charged for one or more of these services. [Amended 1-24-1985]

AIRPORT, PRIVATE -- An area of land where, with the consent of the owner thereof, aircraft may take off or land, be stored or repaired and where no fee is charged by said owner. [Added 1-24-1985]

ALL-WEATHER SURFACE -- Crushed rock, gravel, concrete, blacktopping and macadam or similar surface.

ALTERATION -- Any change in the total floor area, use, adaptability or external appearance of an existing structure. [EN]2

AMENDMENT -- A change in this chapter and/or the Zoning Map granted by the Board of Supervisors after a public hearing and review and comment by the County Planning Commission.

AMUSEMENT PARK -- A commercial recreational activity of a permanent nature offering amusements and operating either seasonally or all year long.

ANIMAL UNIT, ONE -- One thousand pounds of animal(s), as defined by the Virginia Department of Agriculture and Consumer Affairs. For example, one horse usually qualifies as one animal unit. [Added 10-11-1994]

APARTMENT HOUSE -- A building used or intended to be used as the residence of three or more families living independently of each other.

ARCHITECT, REGISTERED -- A licensed professional architect, registered in the Commonwealth of Virginia by the Department of Professional and Occupational Registration as an architect.

ASPHALT MIXING PLANT (BITUMINOUS MIXING PLANT) -- A facility that mixes asphaltic or bituminous liquid with stone aggregate to form a bituminous concrete and/or asphalt mixture which is normally used for surfacing roads, driveways and parking lots to form a hard, nonporous, relatively smooth surface. [Added 1-24-1985]

ASSEMBLY PLANT -- A structure used for the fitting together of parts or components to form a complete product.

ATTIC -- The space between the ceiling beams of the top habitable story and the roof rafters. An "attic" shall be considered a half-story and shall be included in the calculation of the building height.

AUCTION HOUSE -- A place where real property or goods are sold by auction. [Added 4-27-2004 by Ord. No. 2004-05]

AUTOMOBILE GRAVEYARD -- Any lot or place which is exposed to the weather upon which three or more motor vehicles of any kind, incapable of being operated and which it would not be economically practical to make operative, are placed, located or found. [Amended 5-27-1997 by Ord. No. 97-3]

AUTOMOBILE PARKING LOT, COMMERCIAL -- A lot or portion thereof, other than an automobile sales lot, held out or used for the storage or parking of six or more motor vehicles for a consideration, where service or repair facilities are not permitted. Such parking lot shall not be considered an accessory use; nor shall it be used for the storage of dismantled or wrecked motor vehicles, parts thereof or junk.

AUTOMOBILE SALES LOT -- A lot arranged, designed or used for the storage and display for sale of any three or more new or used motor vehicles capable of independent operation or any type of travel trailer and/or recreational vehicle, provided that the travel trailer and/or recreational vehicle is unoccupied, and where repair work is done wholly enclosed within a building.

AUTOMOBILE SERVICE STATION -- Any place of business with pumps and underground storage tanks, having as its purpose the servicing, at retail, of motor vehicles, but not including a paint or body shop, machine shop or vulcanizing shop.

AUTOMOBILE WRECKING YARD -- An area where destroyed, abandoned and/or obsolete automobiles are disassembled and where parts of said disassembled automobiles are generally sold, and where the remaining automobile bodies and their components are stored until they can be removed or reduced to scrap metal.

BASEMENT -- A story having part but not more than 1/2 of its height below grade. A "basement" shall be counted as a story for the purpose of height regulations if it is used for business purposes or for dwelling purposes by other than a janitor employed on the premises.

BED-AND-BREAKFAST -- A structure which is used to provide overnight accommodations for paying guests staying no more than 14 consecutive days and no more than 28 days in any three-month period, with common rooms (living, dining, etc.) available for use by the guests, a complementary breakfast included and the owner or manager living on the premises. A bed-and-breakfast shall have no more than six rooms used as overnight accommodations for paying guests. [Amended 3-25-2008 by Ord. No. 2008-01]

BOARD -- The Board of Zoning Appeals of Shenandoah County.

BOARDINGHOUSE -- A building where, for compensation, lodging and meals are provided for five to 13 persons.

BOAT SALES AND SERVICE -- The sale and service of boats and boat accessories. The term "service" shall mean routine maintenance as well as minor repairs to hulls, decks and other boat components as long as the repair does not involve the use of fiberglass or gel coat. "Service" shall also include engine replacement, repair or complete overhaul. [Amended 2-9-1993]

BUFFERING (SCREENING) -- Any decorative or ornamental device or natural growth, or a combination thereof, which shall serve as a barrier to vision or noise between adjoining properties or a property and street, wherever required by this chapter. Whenever used for screening or buffering purposes, "natural growth" shall be taken to mean bushes, trees or shrubbery.

BUILDING -- Any structure having a roof supported by columns or walls for the housing, shelter or enclosure of persons, animals or property of any kind.

BUILDING, ACCESSORY -- A subordinate structure customarily incidental to and located upon the same lot occupied by the main structure.

BUILDING COVERAGE -- The maximum area of a lot which can be located under the roof or projection from buildings.

BUILDING FRONT -- That one face or wall of a building which is architecturally designed as the front of a building which normally contains the main entrance(s) for use by the general public.

BUILDING, MAIN -- The principal building or one of the principal buildings on a lot, or the building or one of the principal buildings housing the principal use on the lot.

BUILDING, OFFICE -- A building constructed or converted for a principal use as space(s) for business, professional and/or administrative offices, but shall not include storage yards or warehousing operations. No permit for any office building exceeding 1,500 square feet shall be approved in conservation, agriculture or residential districts unless a special use permit is secured. [Added 6-8-1982]

BULK PETROLEUM PRODUCTS STORAGE -- A structure(s) and/or container(s) designed for and used as storage facilities for oil, fuel oil or other petroleum products, usually stored in large quantities. Such use may also consist of facilities for the distribution of said products to customers and storage and services of associated vehicles.

CAMPING TRAILERS -- A vehicular portable structure mounted on wheels, constructed with collapsible, partial sidewalls of fabric, plastic or other pliable materials for folding compactly while being transported.

CAMPS AND CAMPGROUNDS, RECREATIONAL -- An area, whether publicly or privately owned, upon which are located sites for two or more travel trailers, camping trailers, motor homes, cabins or tents for seasonal or temporary recreational occupancy. "Camps" include land and buildings used by recreational vehicle parks, civic, religious and social organizations for social, recreational, educational and/or religious activities on a seasonal basis. [Amended 8-13-1996]

CARPORT -- A roofed space having at least one side permanently open to the weather, primarily designed or used for parking motor vehicles.

CAR WASH -- A building or portion thereof containing facilities for washing and/or waxing two or more automobiles, using a chain conveyor, blower, steam cleaning device or other mechanical devices, either by the patron or others.

CAT SHELTERS -- A place used to house and care for stray cats until adopted by new owners or euthanized. The operation of such cat shelters shall be restricted to the Shenandoah County Humane Society or Shenandoah County. [Amended 3-23-1993; 11-26-2002 by Ord. No. 02-12]

CELLAR -- A space having more than 1/2 of its height below grade. A cellar shall not be counted as a story but the exposed portion in the front of the structure shall be counted as part of the height requirements.

CENTER LINE -- A line lying between the side lines of a street right-of-way.

CERTIFICATE OF OCCUPANCY -- A written statement, based on an inspection and signed by the Zoning Administrator, setting forth that a building, structure, sign and/or land complies with this chapter, and/or that a building, structure, sign and/or land may be lawfully used for specific purposes, as specified herein.

CHILD-CARE CENTER -- A state-licensed facility in which more than five children, not including children who are related by blood, marriage, or adoption to the people who maintain the facility, are received for care, protection, and guidance, including meals. Each individual child is kept during only part of the twenty-four-hour day. [Added 1-22-2002 by Ord. No. 02-2]

CHIMNEY -- A flue, pipe, funnel, or other structure through which smoke or other gases are discharged at a height of 45 feet or less. [Added 8-2010]

CIRCUIT COURT -- The Circuit Court of Shenandoah County, Virginia.

CLINIC -- An establishment where people who are not lodged overnight are admitted for examination and/or treatment by doctors or dentists.

CLUB (LODGE), PRIVATE -- Building(s) and other facilities owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business. [EN]3

COMMERCIAL -- Any retail or service business activity established to carry on trade for a profit.

COMMISSION -- The Planning Commission of Shenandoah County, Virginia.

COMMON OPEN SPACE -- An open tract or parcel of land owned in undivided interest, not devoted to structures but directly related to a development, as herein provided.

COMPREHENSIVE PLAN -- The Shenandoah County Comprehensive Plan, 2025, adopted June 28, 2005. [Amended 8-23-2005 by Ord. No. 2005-9]

CONSERVATION PRESERVE -- An area specifically designated for the protection and/or increase in number or type of wildlife, forestry or unique forms of vegetation.

CONSTRUCTION SITE -- The total necessary land required for all buildings or uses within a unified development before a zoning permit may be issued.

CONTIGUOUS -- For the purpose of implementing Article XI, "contiguous" shall mean sharing a common boundary line or located directly across a public road (other than an interstate highway), a private road or private access easement. [Added 11-8-1994]

CONVALESCENT HOME -- See "nursing home." [EN]4

CORPORATE TRAINING CENTER -- A facility used for business or professional conferences, seminars, and training programs, which may include accommodations for sleeping, eating and recreation by participants. [Added 11-25-2003 by Ord. No. 2003-7]

COUNTRY CLUB AND AMENITIES -- Includes a golf course, club house and accessory uses and buildings which are publicly or privately owned and may include other uses such as restaurants, snack bars, tennis courts, swimming pools, pro shops, riding stables, tack shops. [Amended 2-11-1992]

COUNTRY INN -- A place of lodging in a predominantly rural area where a traveler may obtain meals, lodging or both. [Added 11-25-2003 by Ord. No. 2003-7]

CUL-DE-SAC -- A local street, one end of which is closed and consists of a circular turnaround.

DAIRY -- A commercial establishment for the manufacture, processing and/or sale of dairy products.

DENSELY SETTLED AREA -- An area composed of five or more parcels of less than six acres each, which are contiguous to each other and on each of which is situated an existing dwelling, school, church and/or nonagricultural use. [Added 11-8-1994]

DESIGNATED GROWTH AREA -- The Strasburg Annexation Area, the Toms Brook Maurertown Sanitary District, and any other designated growth area approved by the Shenandoah County Board of Supervisors by adoption of an ordinance amending and adding to this definition. [Added 11-8-1994]

DEVELOPMENT -- The process of erecting or causing to be erected buildings or structures on a lot.

DISTRICT -- A division of territory within Shenandoah County within which certain uniform standards apply under the provisions of this chapter.

DORMITORY HOUSING FOR FARM WORKERS -- Any building used for housing seasonal laborers on a temporary basis and not to be used as permanent year-round dwellings. Such buildings shall be occupied only during apple thinning, apple harvest, and tree pruning seasons. [Added 11-27-2001 by Ord. No. 01-7]

DRIVE-IN RESTAURANT -- Any place or premises used for sale, dispensing or serving of food, refreshments or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments or beverages in motor vehicles on the premises; a refreshment stand; a fast-food or primarily a carry-out establishment.

DRIVEWAY -- A space or area specifically designated and reserved on a lot for the movement of vehicles from one lot to another or from a lot to the public street.

DUPLEX -- A two-family residential structure; the residential units may be arranged one above the other, or be semidetached.

DWELLING -- Any structure which is designed for use for residential purposes, except hotels, boardinghouses, lodging houses, tourist cabins, motels, mobile homes and travel trailers. All dwellings shall be constructed in accordance with the Shenandoah County Building Code. [EN]5

DWELLING, EXISTING [Added 11-8-1994] -- For the purpose of implementing Article XI, either of the following shall constitute an "existing dwelling"; provided, however, that the dwelling is not owned by the poultry or hog grower proposing or operating the poultry or hog facility:

A. A structure, designed for residential use, which is occupied on the date a completed application for a poultry or hog facility permit is received by the office of the Zoning Administrator; or

B. A structure, designed for residential use, which is not occupied on the date a completed application is received, but which has been issued a certificate of occupancy or which has been occupied for any period of time within the two years immediately preceding the date on which a completed application for a poultry facility permit is received by the office of the Zoning Administrator.

DWELLING, MULTIPLE-FAMILY -- A structure arranged or designed to be occupied by more than two families.

DWELLING, SEMIDETACHED -- A dwelling unit attached to another dwelling unit by a common wall without openings. Such structure shall be considered a two-family structure.

DWELLING, SINGLE-FAMILY -- A detached structure arranged or designed to be occupied by one family, the structure having only one dwelling unit. A "single-family dwelling" includes a group home. [Amended 9-23-1997 by Ord. No. 97-7]

DWELLING, TWO-FAMILY -- A structure arranged or designed to be occupied by two families, the structure having only two dwelling units.

DWELLING UNIT -- One or more rooms in a dwelling designed for living or sleeping purposes and having at least one kitchen. All "dwelling units" shall be constructed in accordance with the Shenandoah County Building Code. [EN]6

EASEMENT -- A right given by the owner of land to another party for specific limited use of that land.

ENGINEER -- A person who is registered with the State Department of Professional and Occupational Registration as a professional engineer.

ERECTED -- Constructed, reconstructed, moved or structurally altered.

FAMILY -- One or more persons related by blood, adoption or marriage, living and cooking together as a single housekeeping unit; or a number unrelated persons, but not exceeding eight, living and cooking together as a single housekeeping unit, though not related by blood, adoption or marriage. [EN]7 [Amended 9-23-1997 by Ord. No. 97-7]

FENCE -- A freestanding structure of metal, masonry composition or wood, or any combination thereof, resting on or partially buried in the ground and rising above ground level, and used for confinement, screening or partition purposes. Trees, shrubbery or other foliage does not constitute a "fence."

FLEA MARKET -- An assembly of vendors, selling new or used products in the open air or within structures, who sell their products on the property of another for a consideration more often than three days per calendar year. This term shall not apply to an assembly of vendors selling agricultural or marine products.

FLOODPLAIN -- Sections of land which are subject to periodic flooding as defined or approved by the Department of Housing and Urban Development Flood Insurance Study and accompanying maps and such other areas as may be determined by local, state or federal governmental officials for sections of land not included in the above-mentioned study.

FLOOR AREA -- The "floor area" of a building or buildings is the sum of the gross horizontal areas of the several floors of all buildings on the lot measured from the exterior faces of exterior walls. "Floor area" shall include the areas of basements when used for residential, commercial or industrial purposes when such are permitted, but shall not include a basement or portion of a basement used for storage or housing of mechanical or central heating equipment.

FLUE -- A chimney, pipe, funnel, or other structure through which smoke or other gases are discharged at a height of 45 feet or less. [Added 8-2010]

FOUNDATION FOOTER -- A masonry section, usually concrete in a rectangular form, wider than the bottom of the foundation wall. [Added 4-2011]

FOUNDATION WALL -- The lowest part of a building, wall, or the like, usually of masonry and partly or wholly below the surface of the ground, designed to support the structure. [Added 4-2011]

FRONT -- The front of a parcel is that portion which is along the road, or, in cases where the parcel is not beside a road, the front of the parcel is the side where the driveway enters the parcel. [Added 6-24-2003 by Ord. No. 2003-4]

FRONTAGE -- The minimum width of a lot at the building setback line measured from one side lot line to the other.

FUNERAL PARLOR, HOME OR MORTUARY -- An establishment used for human funeral services, and may or may not include facilities for the performance of autopsies, other surgical procedures, embalming or cremation.

GARAGE, PRIVATE -- An accessory building designed or used for the storage of private automobiles owned and used by the occupants of the building to which it is accessory.

GARAGE, PUBLIC -- A building or portion thereof, other than a private garage, designed or used for servicing, repairing, equipping, renting, selling or storing motor vehicles.

GASOLINE SERVICE STATION -- See "automobile service station."

GENERAL STORE, COUNTRY -- A single store, the ground floor area of which is a maximum of 4,000 square feet and which offers general merchandise for sale. Gasoline may also be offered for sale but only as a secondary activity.

GOLF COURSE -- Any golf course, publicly or privately owned, on which the game of golf is played, including accessory uses and buildings, but excluding golf driving ranges.

GOLF DRIVING RANGES -- A limited area in which golf players do not walk, but onto which they drive golf balls from a central driving tee.

GOVERNING BODY -- The Board of Supervisors of Shenandoah County, Virginia.

GRADE -- The average of the finished ground level adjoining a building.

GREENHOUSE, RETAIL -- A glassed or transparent enclosure used for the growing and cultivation of plants for sale directly to the consumer.

GROUP HOME -- Any residential facilityrequired to be treated as a single-family dwelling by § 15.2-2291 of the Code of Virginia, as it may be amended from time to time. [Added 9-23-1997 by Ord. No. 97-7, Amended 8-2010]

HEALTH OFFICIAL -- The legally designated health authority of the State Board of Health for Shenandoah County or his authorized representative.

HOG FACILITY, INTENSIVE -- The housing, feeding or confining of more than 10 swine and their farrow, if the farrow are removed prior to reaching 12 weeks of age, and related accessory uses or structures. [Added 11-8-1994]

HOG GROWER -- The owner of the hog facility or of the land on which the facility is located. [Adopted 11-8-1994]

HOME BUSINESS -- An occupation which is incidental and secondary to the use of the property as a residence but exceeds the requirements for a home occupation as set forth in § 165-29. [Added 11-14-1989]

HOME OCCUPATION -- An occupation entirely within a dwelling unit by residents of that unit, provided that such occupation is clearly incidental and secondary to the use of the property as a residence. "Home occupations" must meet the standards as set forth in § 165-29. [Amended 9-12-1989; 11-14-1989]

HOSPITAL -- An institution rendering medical, surgical, obstetrical or convalescent care, including nursing homes, homes for the aged and sanitariums, but in all cases excluding institutions primarily for mental or feebleminded patients, epileptics, alcoholics or drug addicts. (Certain nursing homes and homes for the aged may be home occupations if they comply with the definitions herein).

HOTEL -- A building designed or occupied as the more or less temporary abiding place for 14 or more individuals who are, for compensation, lodged, with or without meals, and in which provision is not generally made for cooking in individual rooms or suites.

INDUSTRY -- Includes warehousing and manufacturing uses which produce some noise or traffic congestion, but which are of limited scale or character.

INOPERATIVE MOTOR VEHICLE -- Any motor vehicle which is not in operating condition or which for a period of sixty days or longer has been partially or totally disassembled by the removal of tires and wheels, the engine or other essential parts required for operation of the vehicle. [Added 5-27-1997 by Ord. No. 97-3]

JUNKYARD -- Any place or area where waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, stored or handled, including auto wrecking yards, automobile graveyards, house wrecking yards, used lumber yards and places or yards for the storage of salvaged house wrecking and structural steel materials and equipment, but not including such places where uses are conducted entirely within a completely enclosed building; and not including pawn shops and establishments for the sale, purchase or storage of used furniture and household equipment, used cars in inoperable condition or salvage materials incidental to manufacturing operations. [Amended 5-27-1997 by Ord. No. 97-3]

KENNEL -- A place prepared to house, board, breed, handle or otherwise keep or care for five or more dogs over six months of age.

LANDSCAPING -- The improvement of a lot, parcel or tract of land with grass, shrubs, trees, other vegetation and/or ornamental objects. "Landscaping" may include grading of soil, addition of pedestrian walks, flowerbeds, ornamental objects, such as fountains, statues and other similar natural and artificial objects, designed and arranged to produce an aesthetically pleasing effect.

LAUNDROMAT -- A place where patrons wash, dry or dry clean clothing and fabrics in machines operated by the patron.

LIVESTOCK FOR DOMESTIC USE -- Horses, ponies, cattle and sheep which shall be for the pleasure of the landowner or landowner's family. Minimum acreage for the keeping of domestic livestock shall not be less than three acres.

LIVESTOCK MARKET -- A commercial establishment wherein livestock is collected for sale.

LODGE, PRIVATE -- Associations and organizations of a fraternal or social character not operated or maintained for profit, but shall not include nightclubs or other institutions operated as a business.

LOT -- A parcel of land occupied or to be occupied by a main structure or group of main structures and accessory structures, together with such yards, open spaces, lot width and lot areas as are required by this chapter, either shown on a plat of record or considered as a unit of property and described by metes and bounds.

LOT AREA -- An area of land which is determined by the limits of the property lines bounding that area and expressed in square feet or acres. Any portion of a lot included in a street right-of-way shall not be included in calculating "lot areas."

LOT, CORNER -- A lot abutting on two or more streets at their intersection. Of the two sides of a corner lot, the front shall be deemed to be the shortest of the two sides fronting on streets.

LOT, DEPTH OF -- The average horizontal distance between the front and rear lot lines.

LOT, DOUBLE FRONTAGE -- An interior lot having frontage on two streets.

LOT, INTERIOR -- Any lot other than a corner lot.

LOT LINE -- Any boundary line of a lot.

LOT OF RECORD -- A lot, a plat or a description of which has been recorded in the office of the Clerk of the Circuit Court of Shenandoah County at or before the date of adoption of this chapter.

LOT, UTILITY FACILITIES -- A parcel of land occupied or to be occupied by electric substations or booster, relay or pump stations for natural gas, telephone, water, sewer and similar public utilities. [Added 3-8-1983]

LOT, WIDTH OF -- The average horizontal distance between side lot lines. (See "frontage.")

MANUFACTURE and/or MANUFACTURING -- The process and/or converting of raw, unfinished materials or products, or either of them, into articles or substances of different character, or for use for a different purpose.

MANUFACTURED HOUSE -- A structure subject to federal regulation which is transportable in one or more sections; is eight body feet or more in width and 40 body feet or more in length in the traveling mode, or is 320 or more square feet when erected on site; is built on a permanent chassis; is designed to be used as a single-family dwelling, with or without a permanent foundation, when connected to the required utilities; and includes the plumbing, heating, air-conditioning and electrical systems contained in the structure. [Added 6-13-1995]

MANUFACTURED HOUSING PARK -- A parcel of land developed to provide two or more lots or plots for mobile homes or manufactured houses, as further defined in Article IX. [Added 9-23-1997 by Ord. No. 97-7]

MANUFACTURE OF DELI SANDWICHES -- The assembly and packaging of ready-to-eat sandwiches, including cooking, baking and preparation of the various components which are needed to produce sandwiches. Does not include on-premises sales to the public. [Added 12-10-1991]

MARQUEE -- A roof-like structure or awning projecting over an entrance, as to a theater.

MOBILE HOME -- A manufactured house. [Amended 9-23-1997 by Ord. No. 97-7]

MOBILE HOME, DOUBLE-WIDE -- A manufactured house transportable in two or more sections. [Amended 9-23-1997 by Ord. No. 97-7]

MOBILE HOME LOT -- A parcel of land on which a single mobile or manufactured home is placed within a mobile home park, such parcel of land being owned by the owner of the mobile or manufactured home placed thereon. [Amended 9-23-1997 by Ord. No. 97-7]

MOBILE HOME PARK -- A parcel of land developed to provide two or more lots or plots for mobile homes or manufactured houses, as further defined in Article IX. [Amended 9-23-1997 by Ord. No. 97-7]

MOBILE HOME, SINGLE-WIDE -- A manufactured house transportable in only one section or piece, which is not designed to be joined to any other section or piece. [Amended 9-23-1997 by Ord. No. 97-7]

MOTEL -- A building or group of buildings containing individual rooms or apartment accommodations primarily for transients, each of which is provided with a separate exterior entrance and a parking space, and offered principally for rental and use by motor vehicle travelers. The term "motel" includes but is not limited to auto courts, motor courts, motor inns, tourist courts, motor lodging or roadside hotels. Cooking facilities may be provided for each unit.

MOTOR HOME -- A portable structure built on and made an integral part of a self-propelled motor vehicle chassis other than a passenger car chassis, containing living facilities.

MOTOR VEHICLE IMPOUNDMENT LOT -- Any lot or place which is exposed to the weather, where motor vehicles are temporarily parked or stored. Motor vehicle disassembly or repair shall not be conducted from a motor vehicle impoundment lot nor shall a motor vehicle impoundment lot be used as an automobile graveyard. Motor vehicles stored in impoundment lots shall be completely screened from view on all sides by using a visually opaque fence at least eight feet in height. Vehicles placed in an impoundment lot shall not be permitted to remain there longer than 120 days. Operators of impoundment lots shall maintain a permanent record identifying the vehicle by the manufacturer's vehicle identification number and its date of placement on the lot. The permanent record shall be made available for inspection by County officials. [Added 11-11-1987]

MUSEUM -- An organized and permanent institution operated by a nonprofit organization with a professional staff that is established for the purpose of acquiring, conserving, studying, interpreting, assembling and exhibiting to the public, for its instruction and enjoyment, a collection of artifacts of cultural or historical interest. Such use shall be allowed by special permit, and parking requirements shall be set by the Board in the permit. [Added 2-25-2003 by Ord. No. 2003-2]

NONCONFORMING ACTIVITY -- The otherwise legal use of a building or structure or of a tract of land that does not conform to the use regulations of this chapter or any amendment to this chapter for the district in which it is located. [Amended 9-23-1997 by Ord. No. 97-7]

NONCONFORMING LOT -- An otherwise legally platted lot that does not conform to the minimum area or width requirements of this chapter or any amendment to this chapter for the district in which it is located. [Amended 9-23-1997 by Ord. No. 97-7]

NONCONFORMING STRUCTURE -- An otherwise legal building or structure that does not conform with the lot, yard, height, lot coverage or other area regulations of this chapter, or is designed or intended for a use that does not conform to the use regulations of this chapter or any amendment to this chapter for the district in which it is located. [Amended 9-23-1997 by Ord. No. 97-7]

NONPROFIT ORGANIZATION -- An incorporated organization or group whose charter prohibits profitmaking endeavors and which enjoys tax exempt privileges.

NURSERY, RETAIL -- Land used to raise trees, shrubs, flowers and other plants for sale directly to the consumer.

NURSING HOME -- Also known as "extended care home," "rest home" or "convalescent home." A nursing facility is any place containing beds for two or more patients, established to render domiciliary and/or nursing care of chronic or convalescent patients and which is properly licensed by the state. Such terms shall include group homes serving mentally retarded or other developmental disabled persons.

OFFICIAL ZONING MAP -- The legally adopted Zoning Map of Shenandoah County.

OFF-STREET PARKING AREA -- Space provided for vehicular parking outside the dedicated street right-of-way.

OFF-STREET PARKING AREA, AGRICULTURE ZONED DISTRICT -- Space provided for vehicular parking outside the dedicated street right-of-way as a main use with the issuance of a special use permit, when such land used for off-street parking is adjacent to an existing use in a zoning district other than an Agriculture (A-1) zone. [Amended 3-10-1992]

OPEN SPACE -- That area permanently protected from development meeting the requirements of Article X. [Amended 6-26-2007]

OPEN SPACE DEVELOPMENT (CLUSTER TECHNIQUES) -- The clustering of single-family dwellings meeting the requirements of Article X. [Amended 6-26-2007]

PARCEL -- A measured portion of land separated from other portions of land by a metes and bounds description or described as a separate, discrete tract in an instrument of conveyance or devise and recorded with the Clerk to the Circuit Court. [Added 11-8-1994]

PARKING LOT -- An off-street area with an all-weather surface designed solely for the parking of motor vehicles, including driveways, passageways and maneuvering space.

PARKING SPACE -- An area of not less than 10 feet by 20 feet for each automobile or motor vehicle. Such space shall be exclusive of necessary drives, aisles, entrances or exits and shall be fully accessible for the storage or parking of vehicles.

PARTY WALLS -- Any wall located on a lot line between adjacent buildings, which is used or adapted for joint service between two buildings, is constructed as a fire wall without openings, creates separate buildings and meets the requirements of the building code. [Added 12-8-09 by Ord. No. 2009-03]

PERMANENT FOUNDATION -- "Permanent foundations" for manufactured houses or mobile homes include any of the following types of foundations selected by the owner, dealer or contractors: [Added 1-24-1985; amended 6-13-1995]

A. Masonry piers and anchoring systems, specified by the manufacturer of the home in the installation instructions, as required and approved in accordance with the Federal Manufactured Housing Construction and Safety Standards.

B. Concrete foundations or permanent wood foundation systems constructed in compliance with ANSI A225.1 Manufactured Home Installation Standard.

C. Foundations meeting the requirements of the United States Department of Housing and Urban Development Handbook 4930.3, Permanent Foundations Guide for Manufactured Housing.

D. Foundation systems for manufactured homes over basements.

E. Any other foundation system approved as a permanent foundation by the authority having jurisdiction as outlined in Section 107.1 of the Virginia Uniform Statewide Building Code.

PERSONAL SERVICE ESTABLISHMENT -- Any building under 1,500 square feet wherein the primary occupation is the repair, care of, maintenance or customizing of personal properties that are worn or carried about the person or are a physical component of the person. For the purpose of this chapter, "personal service establishments" shall include but need not be limited to barbershops, beauty shops, pet grooming establishments, laundering, cleaning and other garment servicing establishment, tailors, dressmaking shops, shoe cleaning or repair shops and other similar places of business, but not including retail stores, offices of physicians, dentists and veterinarians, or linen or diaper service establishments. [Amended 4-12-1994]

PLANNING COMMISSION -- The Shenandoah County Planning Commission.

PLOT -- An area of land within a mobile home or manufactured housing park to be rented for placement of a mobile home or manufactured house. [Added 9-23-1997 by Ord. No. 97-7]

POULTRY FACILITY, INTENSIVE -- The housing, feeding or confining of more than 200 chickens, 132 turkeys or 100 other type of fowl and related accessory uses or structures, including feed storage bins, litter storage sites, incinerators, disposal pits or cold storage chests used for collection of dead birds. [Added 11-8-1994]

POULTRY GROWER -- The owner of the poultry facility or of the land on which the facility is located. [Added 11-8-1994]

PRINCIPAL USE -- The main use of land or structures as distinguished from a secondary or accessory use.

PROFESSIONAL OFFICES -- A structure designed for use by a person or persons in offering a service which requires specialized knowledge gained by intensive academic preparation such as medicine, law, engineering, dentistry and other like endeavors, and requiring licensing and regulation by the Commonwealth of Virginia.

PUBLIC UTILITY -- A business or service having an appropriate franchise from the state, which is engaged in regularly supplying the public with some commodity or service which is of public consequence and need, such as electricity, gas, water, sewer, transportation and communications.

PUBLIC WATER AND SEWER SYSTEM -- Any system owned and operated by the Town of New Market, Town of Mt. Jackson, Town of Edinburg, Town of Woodstock, Town of Strasburg, the Toms Brook-Maurertown Sanitary District, or the Stoney Creek Sanitary District. [Amended 6-26-2007]

PULPWOOD CONCENTRATION YARD -- An area wherein pulpwood is collected for shipping to pulp and paper mills for future processing.

RECREATIONAL AREA, COMMERCIAL -- Any establishment operated as a commercial enterprise in which seasonal facilities directly related to outdoor recreation are provided for all or any of the following: camping, lodging, picnicking, boating, fishing, swimming, outdoor games and sports, and activities incidental and related to the foregoing. A "commercial recreational area" does not include miniature golf grounds, golf driving ranges, mechanical amusement devices or accessory uses such as refreshment stands, equipment sales or rentals.

RECREATIONAL VEHICLE (TRAVEL TRAILERS) -- A vehicle 32 feet or less in length and eight feet or less in width, primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own mode of power or is mounted on or drawn by another vehicle.

REFUSE DISPOSAL FACILITY (SANITARY LANDFILL) -- Any site or operation used for the disposal of refuse and which meets the standards and/or specifications of the State Department of Health and/or the County of Shenandoah.

RENDERING PLANT -- A facility used or designed to be used for the purpose of converting dead animals into a product or products for other than human consumption.

REQUIRED OPEN SPACE -- Any space required in any front, side or rear yard or other open areas as specified in this chapter.

RESTAURANT -- Any building in which, for compensation , food or beverages are dispensed for consumption on or off premises.

RETAIL FLOOR SPACE -- Interior floor area devoted to display and sale of goods open to the public. Excludes storage area, shipping docks and outside displays where permitted.

RETAIL STORES AND SHOPS -- Buildings for display and sale of merchandise at retail or for the rendering of personal services (but specifically exclusive of coal, wood and lumber yards).

ROAD -- See "street."

ROADSIDE STAND OR MARKET -- Any structure or land used solely for the sale of agricultural or marine produce.

ROOMING HOUSE -- A building in which more than two rooms are let for hire and lodging only is provided for compensation to three or more persons, but not exceeding 13 persons. A building which has accommodations for hire for more than 13 persons shall be defined as a "hotel."

RURAL RESORT -- A private establishment consisting of a detached structure or structures located in a rural setting in which lodging units are offered to transients for compensation as the principal use, along with conference and meeting facilities, restaurant and banquet facilities, and recreational amenities. [Added 11-25-2003 by Ord. No. 2003-7]

SAWMILL -- A sawmill located on public or private property for the processing of timber.

SCHOOL -- A public or private educational organization or institution, which may include educational, recreational, vocational instruction and parking uses. Vocational instruction uses may include automobile repair, machine shop, electronics, light assembly and processing, personal service, business secretarial, data processing and recycling uses and shall be secondary or accessory to the general educational uses. [Added 3-28-1995]

SCREEN BUFFER [Amended 6-9-1987; 9-22-1992] -- Evergreen trees planted to lessen the impact of noise or visual interaction between adjacent activities. One of three levels of screen buffering may be designated by the approving body at the time of special use permit or site plan approval. The approving body shall have discretionary authority in deciding if screen buffering is required, and if so, which level shall be employed. The definitions of the three levels are as follows:

A. LIGHT SCREEN BUFFER -- A single row of evergreen trees, four feet tall and planted six feet on center.

B. MEDIUM SCREEN BUFFER -- A staggered double row of evergreen trees, four feet tall and planted six feet on center.

C. OPAQUE SCREEN BUFFER -- A staggered triple row of evergreen trees, six feet tall and planted eight feet on center. Any "screen buffer" requirement shall also include the maintenance of trees after they are planted and replacement of the same if any should die.

SELF-SERVICE STORAGE FACILITY -- A structure or structures containing separate storage spaces of varying sizes leased or rented as individual leases for the purpose of storing personal property and household goods. [Added 11-27-2001 by Ord. No. 01-8]

SETBACK -- The minimum distance by which any building or structure must be separated from the front lot line.

SHOPPING CENTER -- Any group of two or more commercial uses which:

A. Are designed as a single commercial group, whether or not located on the same lot.

B. Are under common ownership or management.

C. Are connected by party walls, partitions, canopies or other structural members to form one continuous structure, or if located in separate buildings, are interconnected by walkways and accessways designed to facilitate customer interchange between the uses.

D. Share a common parking area.

E. Otherwise present the appearance of one continuous commercial area.

SIGN -- Any display of letters, words, numbers, pictures, or any parts of combinations thereof, made visible for the purpose of making anything known, which display is visible beyond the boundaries of the parcel of land on which the same is located. [Amended 5-25-1999 by Ord. No. 99-2]

SIGN, AREA OF -- The "area of a sign" shall mean and include the area within rectangular lines inscribed around any and all sign elements, including the outer extremities of all letters, figures, characters, words, symbols or pictorial and delineations, or within rectangular lines, including the outer extremities of the framework or background of the sign, whichever includes the larger area. The support for the sign background, whether it be columns, a pylon or a building or part thereof, shall not be included in a sign area. Only one side (i.e., face) of a double-faced sign shall be included in a computation of sign area. [Added 5-25-1999 by Ord. No. 99-2]

SIGN, BUSINESS -- A sign which directs attention to a product, commodity or service available on the premises. [Amended 5-25-1999 by Ord. No. 99-2]

SIGN, DIRECTIONAL -- A sign (one end of which may be pointed or on which an arrow may be painted, indicating the direction to which attention is called), giving the name and approximate location only of the farm or business responsible for the erection of the same. [Amended 5-25-1999 by Ord. No. 99-2]

SIGN, DOUBLE-FACED -- A sign with two parallel planes, surfaces or faces, back-to-back, and located not more than 24 inches from each other. [Added 5-25-1999 by Ord. No. 99-2]

SIGN, FREESTANDING/GROUND-MOUNTED -- A sign which is supported directly from or affixed to a structure built on the ground and independent of any support from a building. One freestanding sign shall be permitted per lot. [Added 5-25-1999 by Ord. No. 99-2]

SIGN, HOME BUSINESS -- A sign directing attention to a product, commodity or service available on the premises, but which product, commodity or service is clearly a secondary use of the dwelling. Signs shall not be illuminated. [Amended 5-25-1999 by Ord. No. 99-2]

SIGN, IDENTIFICATION -- A sign which directs attention to a product, commodity or service available upon the same lot where such sign is located. [Amended 5-25-1999 by Ord. No. 99-2]

SIGN, ILLUMINATED -- Any sign designed to give forth artificial light or designed to reflect light from one or more sources of artificial light erected for the purposes of providing light for the sign. [Added 5-25-1999 by Ord. No. 99-2]

SIGN, MONUMENT -- A sign not mounted on a pole but affixed to a structure built on grade in which the sign and the structure are an integral part of one another. [Added 1-22-2002 by Ord. No. 02-2]

SIGN, RESIDENTIAL SUBDIVISION IDENTIFICATION -- A monument sign placed at the entrance to a subdivision displaying only the name of the subdivision and/or insignia, and not displaying any advertising material. [Added 1-22-2002 by Ord. No. 02-2]

SIGN STRUCTURE -- Includes the supports, uprights, bracing and/or framework of any structure, be it single-faced, double-faced, v-type or otherwise exhibiting a sign. [Amended 5-25-1999 by Ord. No. 99-2]

SIGN, TEMPORARY -- A sign applying to a seasonal or other brief activity, such as but not limited to summer camps, horse shows, auctions or sale of property, provided that no sign is displayed longer than seven days after the conclusion of the activity. [Amended 5-25-1999 by Ord. No. 99-2]

SITE PLAN -- A map of a tract or parcel of land showing the information as required under Article XIV.

SMOKESTACK -- A pipe, funnel, or other structure through which smoke or other gases are discharged at a height greater than 45 feet. [Added 8-2010]

SPARSELY SETTLED AREA -- Any area in the Conservation (C-1) or Agriculture (A-1) zone that does not meet the definition of a densely settled area. [Added 11-8-1994]

SPECIAL USE PERMIT -- A permit issued for a use permitted in a particular district by the Board of Supervisors upon recommendation of the Planning Commission to occupy or use land and/or a building or structure erected thereon for a specific purpose not permitted by right, but permitted in accordance with standards or conditions established in this chapter.

STC -- Sound Transmission Class of building materials and assemblages of materials as determined by ASTM Standard E 413-73. [Added 7-12-1994]

STORAGE BUILDING or STORAGE SHED -- A building either erected on the premises or assembled elsewhere and brought to the premises and used for storage purposes. It shall have no kitchen or bathroom facilities and shall not be used for living quarters nor used for dwelling purposes, or occupied overnight. [Added 3-28-2000 by Ord. No. 00-2]

STORY -- That portion of a building, other than the cellar, included between the surface of any floor and the surface of the next highest floor; if there is no floor above, the space between the floor and the ceiling next above it.

STREET (ROAD) -- A highway, street, avenue, boulevard, road, land, alley or any public or private right-of-way designated for vehicular use.

STREET, COLLECTOR -- A street that provides direct access to more than 25 residences, businesses or uses or collects traffic from one or more local streets or other collector streets. [Added 11-26-1996 by Ord. No. 96-3]

STREET, LOCAL -- A street that provides direct access to 25 or fewer residences, businesses or uses. [Added 11-26-1996 by Ord. No. 96-3]

STREET LINE -- The dividing line between a street or road right-of-way and the contiguous property.

STREETS, CENTER LINE OF -- A line lying midway between the street right-of-way lines.

STRUCTURAL ALTERATION -- Any change, modification, addition or deletion to an existing structure.

STRUCTURE -- Anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground.

STRUCTURE, HEIGHT OF -- The vertical distance measured from the average elevation of the ground surface along the front of the structure to its highest point. For structures not having a front, the average elevation around the entire sturcuture shall be used.

SURVEYOR, PROFESSIONAL -- A licensed professional surveyor, registered in the Commonwealth of Virginia by the Department of Professional and Occupational Registration as a surveyor. This term shall also include land surveyors.

TEMPORARY ELECTRIC SERVICE -- Electricity supplied from the electrical utility company having jurisdiction, through the main conductors (overhead or underground utility lines) and equipment of the utility company, to a utility company owned meter base and into a disconnecting equipment panel, with over-current protection, installed on an approved pressure-treated pole(s) and mounting board, or mounted to an approved accessory structure. This definition shall not apply to electrical service provided for a sturcture for which a building and zoning permit have been issued.

THEATER, INDOOR -- A building designed and used primarily for the commercial exhibition of motion pictures to the general public or used for the performance of plays.

TOURIST HOME -- A building where lodging only is provided for compensation for up to 14 persons (in contradiction to hotels and boardinghouses) and open to transients.

TOWNHOUSE -- A building consisting of dwelling units arranged, designed, and each intended for and occupied exclusively by one family; said building consisting of not less than three nor more than eight attached dwelling units with a semidetached unit on each end thereof being included within the aforesaid minimum and maximum numbers; each dwelling unit shall be separated by an unpierced party wall going to the roof and contain at least two and not more than 21/2 stories; and each dwelling unit having at least one separate entrance from the outside. [EN]8

TRAVEL TRAILER PARK or TRAVEL TRAILER CAMP -- A site where travel trailers (recreational vehicles) are parked temporarily in conjunction with travel, recreation or vacation.

TRUCK STOP; TRUCK TERMINAL -- Any establishment open to the public that has five or more diesel fuel pumps along with provisions for parking and/or servicing of five or more tractor trailers.

USE -- The purpose or activity for which a piece of land or its building is designed, arranged or intended, or for which it is occupied or maintained.

VARIANCE -- A reasonable deviation from those provisions of this chapter regulating the size or area of a lot or parcel of land or the size, area, bulk or location of a building or structure when the strict application of the chapter would result in unnecessary or unreasonable hardship to the property owner and such need for a variance would not be shared generally by other properties, and provided that such variance is not contrary to the intended spirit and purpose of the chapter and would result in substantial justice being done. It shall not include a change in use, which change shall be accomplished by a rezoning or by a conditional zoning. [Amended 9-23-1997 by Ord. No. 97-7]

VETERINARY HOSPITAL -- A facility rendering surgical and medical treatment to animals, and having no limitation on overnight accommodations for such animals.

WAREHOUSE -- A structure or part of a structure used for storing goods, materials, wares, and merchandise. [Added 11-27-2001 by Ord. No. 01-8]

WASTEWATER TREATMENT DISCHARGING FACILITY -- Any privately owned wastewater treatment discharging facility, with a point source discharge, processing over 1,000 gallons per day of wastewater, associated with the occupation of a structure existing as of May 27, 2008, and used for non-residential uses. These systems may be permitted by Special Use Permit on parcels where neither public sewer nor any other forms of septic are available. The requirement for a Special Use Permit shall not apply to those systems designed to treat stormwater or those systems owned and operated by Shenandoah County. In addition to the requirements of the Virginia Department of Environmental Quality, monthly monitoring reports shall be submitted to the Planning & Zoning Office of Shenandoah County. If violations of the DEQ permit are found, the Special Use Permit may be terminated by the county. [Added 5-27-2008 by Ord. No. ]

WHOLESALE (STORES, BUSINESS, ESTABLISHMENTS) -- Sale of goods for resale and not for direct consumption; sales primarily to retailers and consumers.

WINERY -- A commercial establishment for the processing of agricultural products into wine and related products and for the sale thereof.

YARD -- An open space on a lot other than court unoccupied and unobstructed from the ground upward by structures except as otherwise provided herein.

YARD, FRONT -- The minimum area between the street line and the nearest edge of the main building, excluding steps. [Added 1-24-1985]

YARD, REAR -- The minimum open unoccupied space on the same lot as a building or use, between the rear line of the building (excluding steps and accessory building), or use where applicable, and the rear line of the lot and extending the full width of the lot.

YARD, SIDE -- The minimum open unoccupied space on the same lot as a building or use between the side line of the building (excluding steps) or use and the side line of the lot, and extending from the front yard line to the rear yard line.

ZONING ADMINISTRATOR -- See "Administrator."

ZONING MAP -- The Official Zoning Map of Shenandoah County, Virginia, and all amendments thereto.

ZONING PERMITS -- A certificate issued by the Zoning Administrator for authorizing the uses of land and/or structure(s) as required by this chapter.

 

ARTICLE II, Zoning Map and Zoning Districts

§ 165-5. Official Zoning Map.

Shenandoah County is hereby divided into zones, as shown on the Official Zoning Map, which is hereby adopted by reference and declared to be part of this chapter, together with all notations, references and amendments.

 

§ 165-6. Identification of Official Zoning Map.

The Official Zoning Map shall be identified by the signature of the Chairman of the Board of Supervisors and attested to by the Clerk of that body, together with the date of the adoption of this chapter.

 

§ 165-7. Changing Official Zoning Map.

If, in accordance with the provisions of this chapter and the Code of Virginia, as amended, changes are made in district boundaries or other matters portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning Map promptly after the amendment has been approved by the Board of Supervisors. All changes shall be noted on the Official Zoning Map by date with a brief description of the nature of the change.

 

§ 165-8. Location of Official Zoning Map.

The Official Zoning Map shall be located in the office of the Zoning Administrator, and shall be the final authority as to the current zoning status of all areas in the County, regardless of unofficial copies which may have been made or published from time to time. The Official Zoning Map shall be available to the public for inspection during regular office hours. [EN]9

 

§ 165-9. Classes of districts.

For the purpose of this chapter, Shenandoah County is hereby divided into districts which shall be designated as follows:

 

§ 165-10. Interpretation of district boundaries.

Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:

A. Designation of district boundaries. Boundaries indicated as approximately following the center line of streets, railroad rights-of-way, streams, rivers, existing lot lines or municipal boundary lines shall be considered as following such features indicated. Where a district boundary line does not follow such a line, its position may be shown on said Official Zoning Map by a specific dimension expressing its distance in feet from a street right-of-way line or other boundary line as indicated and running parallel to said line.

B. Boundary questions. In disputes over the exact location of district boundaries as shown on the map, the Zoning Administrator shall request the Board of Zoning Appeals to render its determination with respect thereto.

 

ARTICLE III, District Regulations

§ 165-11. Conservation District (C-1). [Amended 6-8-1982; 1-24-1985; 4-8-1986; 6-9-1987; 11-14-1989; 12-12-1989; 7-9-1991; 9-10-1991; 11-8-1994; 6-13-1995; 5-28-1996; 11-26-1996 by Ord. No. 96-3; 9-23-1997 by Ord. No. 97-7; 3-28-2000 by Ord. No. 00-2; 5-23-2000 by Ord. No. 00-6; 6-26-2001 by Ord. No. 01-6; 11-27-2001 by Ord. No. 01-8; 1-22-2002 by Ord. No. 02-1; 1-22-2002 by Ord. No. 02-2; 2-25-2003 by Ord. No. 2003-2; 6-24-2003 by Ord. No. 2003-4; 4-24-2007 by Ord. No. 2007-08; 4-24-2007 by Ord. No. 2007-09; 6-26-2007, 4-22-2008]

A. Statement of intent. This district covers portions of the County which are occupied by various open uses, such as forests, recreation areas, farms, lakes or streams. Uses not consistent with the existing character of this district are not permitted. Real property in this zoning classification may be subdivided only in accordance with § 142-3.1 of the Code of Shenandoah County. [Amended 3-22-2005 by Ord. No. 2005-4]

B. Uses. In this district, structures to be erected or land to be used shall be for one or more of the following uses:

(1) Uses permitted by right:

(a) General farming, agriculture, dairying and forestry. See Article XI for poultry and hog regulations.

(b) Conservation preserves.

(c) Single-family detached dwellings.

(d) Kennels.

(e) Churches, cemeteries, schools, parks and playgrounds, fire and rescue squad stations, office buildings and other public and semipublic uses.

(f) Roadside stand or market.

(g) Country or general stores.

(h) Sawmills or pulpwood concentration yards.

(i) Manufactured houses on permanent foundations.

(j) Lines, poles and pipes to provide electric, gas, telephone, water or sewer service to structures located on properties adjacent to said facilities.

(k) Retail greenhouse and nursery operations under 10,000 square feet. Site plan approval is required as per Article XIV.

(l) Storage buildings or sheds, as defined.

(m) Recreational vehicle provided that the recreational vehicle is on the property no more than 30 consecutive days and is removed from the property for at least 14 consecutive days each time it is removed. [Added 4-24-2007 by Ord. No. 2007-09]

(n) Open Space Developments meeting the requirements of Article X [Added 6-26-2007]

(o) Wineries [Added 4-22-08]

(p) Micro Wind Systems, Wind Monitoring or Meteorological Tower and Windmills as provided in Article XXI. [Added 5-25-10]

(2) Permitted accessory uses:

(a) Off-street parking for uses permitted in the district as provided in Article XII.

(b) Signs as provided in Article XIII.

(c) Customary accessory uses and structures as provided in § 165-26.

(d) Home occupation as provided in § 165-29.

(e) Level 1 home business as provided in § 165-30.

(3) Uses permitted by special permit:

(a) Level 2 home business as provided in § 165-30.

(b) Public utility generating, booster or relay stations, transformer substations, railroads, water and sewerage installations (other than pipes), telephone facilities (other than lines, poles and towers), and other facilities for the provision and maintenance of public utility service.

(c) Garages, public.

(d) Farm, lawn and garden machinery and equipment sales and service.

(e) Lodges, hunting clubs, camps, golf and country clubs.

(f) Recreational uses or facilities, commercially operated or for private membership, such as game courts, swimming pools, campgrounds, archery ranges, fishing or boating lakes, ski slopes, picnic grounds, marinas and accessory facilities (including the sale of food, beverages, bait, incidentals, supplies and equipment); provided that no such use, structure or accessory use is located closer than 50 feet to any adjoining property lines.

(g) Conversion of a single residential structure on a lot to contain a maximum of four dwelling units, provided that such structure was in existence prior to September 12, 1978.

(h) Wineries Reserved (4-22-2008)

(i) Nursing homes and adult-care centers.

(j) Airports, commercial and private.

(k) Flea markets.

(l) Mobile home or manufactured housing parks as provided in Article IX.

(m) Retail greenhouse and nursery operations over 10,000 square feet. Site plan approval is required as per Article XIV.

(n) Telecommunications towers as provided in Article XIX.

(o) (Reserved) [EN]10

(p) Museums.

(q) Conversion of existing single-family dwellings to bed-and-breakfasts, provided that the bed-and-breakfast is located at least 900 feet from all lots containing intensive poultry facilities, intensive hog facilities, and other confined feeding operations.

(r) Corporate training centers. [Added 11-25-2003 by Ord. No. 2003-7]

(s) Country inns. [Added 11-25-2003 by Ord. No. 2003-7]

(t) Rural resorts. [Added 11-25-2003 by Ord. No. 2003-7]

(u) Temporary electric service [Added 4-24-2007 by Ord. No. 2007-09]

(w) Small Scale Wind Energy Facilities, Large Scale Wind Energy Facilities and Utility Scale Wind Energy Facilities as provided in Article XXI [Added 5-25-10]

C. Area regulations.

(1) The minimum lot area shall be 10 acres.

(2) There shall be a maximum of one single-family detached dwelling or manufactured house per 10 acres.

(3) There shall be a maximum of two dwellings or manufactured houses or combination thereof per lot.

D. Frontage regulations. The minimum frontage for each lot shall be 450 feet. (See § 165-27 for cul-de-sac.)

E. Yard regulations. [NOTE: See Article XI for residential setbacks from poultry facilities.]

(1) Front yard. Structures shall be located 100 feet or more from the front lot line. This shall be known as the "setback" line.

(2) Side yard. Each side yard for each main structure shall be a minimum of 80 feet. No accessory building shall be located closer than 30 feet to any side property boundary line.

(3) Rear yard. Each main structure shall have a rear yard of 150 feet or more. Accessory buildings may be built to within 10 feet of rear property line. When the lot was recorded prior to October 1, 1978, the rear yard may be reduced to 60 feet when it is determined by the Zoning Administrator that the required setback cannot be met because water and/or sanitation facilities are necessary to be located in front of the house as determined by the Health Director.

(4) Lots adjoining an industrial-zoned district. No residential structure shall be constructed closer than 100 feet to any adjacent property line if that property is an industrial-zoned district or contains an industrial use; however, this distance may be reduced to 50 feet for side or 60 feet for rear yards if a screen buffer consisting of total screening is provided.

F. Building coverage. The maximum building coverage on a lot shall be 20%.

G. Height regulations.

(1) Structures may be erected up to 35 feet in height.

(2) All accessory buildings shall be less than the main building in height. Church spires, belfries, cupolas, monuments, water towers, farm silos, barns and other farm related structures, chimneys, flues, flagpoles, parapet walls, television antennas, radio aerials, microwave towers and other public communication facilities are not governed by the height regulation of 35 feet set forth in the previous subsection.

 

§ 165-11.1. Rural Residential - Conservation (RR-C). [Added 9-28-2004 by Ord. No. 2004-11; Amended 4-24-2007 by Ord. No. 2007-08; 4-24-2007 by Ord. No. 2007-09; 6-26-2007 ]

A. Statement of intent. This district covers portions of the County which are occupied by various open uses, such as forests, recreation areas, farms, lakes or streams where low density residential lots can be created. Uses not consistent with the existing character of this district are not permitted.

B. Uses. In this district, structures to be erected or land to be used shall be for one or more of the following uses:

(1) Uses permitted by right:

(a) Single-family detached dwellings.

(b) Manufactured houses on permanent foundations.

(c) Neighborhood parks and playgrounds.

(d) Lines, poles and pipes to provide electric, gas, telephone, water or sewer service to structures located on properties adjacent to said facilities.

(e) Recreational vehicle provided that the recreational vehicle is on the property no more than 30 consecutive days and is removed from the property for at least 14 consecutive days each time it is removed. [Added 4-24-2007 by Ord. No. 2007-09]

(f) Open Space Developments meeting the requirements of Article X [Added 6-26-2007]

(g) Micro Wind System, Wind Monitoring or Meteorological Tower and Windmills as provided in Article XXI. [Added 5-25-10]

(2) Permitted accessory uses:

(a) Off-street parking for uses permitted in the district as provided in Article XII.

(b) Customary accessory uses and structures as provided in § 165-26.

(c) Home occupation as provided in § 165-29.

(d) Level 1 home business as provided in § 165-30.

(3) Uses permitted by special permit:

(a) Level 2 home business as provided in § 165-30.

(b) Temporary electric service [Added 4-24-2007 by Ord. No. 2007-09]

(d) Small Scale Wind Energy Facilities and Large Scale Wind Energy Facilities as provided in Article XXI. [Added 5-25-10]

C. Area regulations. The minimum lot area shall be 10 acres.

D. Frontage regulations. The minimum frontage for each residential lot shall be 450 feet. (See § 165-27 for cul-de-sac.)

E. Yard regulations. [NOTE: Sec Article XI for residential setbacks from poultry facilities.]

(1) Front yard. Structures shall be located 100 feet or more from the front lot line. This shall be known as the "setback line."

(2) Side yard. Each side yard for each main structure shall be a minimum of 80 feet. No accessory building shall be located closer than 30 feet to any side property boundary line.

(3) Rear yard. Each main structure shall have a rear yard of 150 feet or more. Accessory buildings may be built to within 10 feet of the rear property line.

(4) Lots adjoining an industrial zoned district. No residential structure shall be constructed closer than 100 feet to any adjacent property line if that property is an industrial zoned district or contains an industrial use; however, this distance may be reduced to 50 feet for side or 60 feet for rear yards if a screen buffer consisting of total screening is provided.

F. Building coverage. The maximum building coverage on a lot shall be 15%.

G. Height regulations.

(1) Structures may be erected up to 35 feet in height.

(2) All accessory buildings shall be less than the main building in height.

 

§ 165-12. Agriculture District (A-1). [Amended 6-8-1982; 3-8-1983; 4-8-1986; 6-9-1987; 11-8-1988; 6-13-1989; 11-14-1989; 12-12-1989; 7-9-1991; 9-10-1991; 12-10-1991; 3-10-1992; 3-23-1993; 4-12-1994; 11-8-1994; 5-28-1996; 6-13-1995; 11-26-1996 by Ord. No. 96-3; 9-23-1997 by Ord. No. 97-7; 3-28-2000 by Ord. No. 00-2; 5-23-2000 by Ord. No. 00-6; 6-26-2001 by Ord. No. 01-6; 11-27-2001 by Ord. No. 01-7; 11-27-2001 by Ord. No. 01-8; 1-22-2002 by Ord. No. 02-1; 1-22-2002 by Ord. No. 02-2; 2-25-2003 by Ord. No. 2003-2; 6-24-2003 by Ord. No. 2003-4; 4-24-2007 by Ord. No. 2007-06; 4-24-2007 by Ord. No. 2007-08; 4-24-2007 by Ord. No. 2007-09; 6-26-2007, 4-22-2008 ]

A. Statement of intent. This district is intended to preserve the character of those portions of the County where agricultural and other low-intensity uses predominate. The permitted uses should include mainly agriculture and related uses. Real property in this zoning classification may be subdivided only in accordance with § 142-3.1 of the Code of Shenandoah County. [Amended 3-22-2005 by Ord. No. 2005-4]

B. Uses. In this district, structures to be erected or land to be used shall be for one or more of the following uses:

(1) Uses permitted by right:

(a) General farming, agriculture, dairying and forestry. [NOTE: See Article XI for poultry and hog regulations.]

(b) Conservation preserves.

(c) Single-family detached dwellings.

(d) Manufactured houses on permanent foundations.

(e) Schools, churches, parks, playgrounds, fire and rescue squad stations, libraries, cemeteries, office buildings and other similar public and semipublic uses.

(f) Sawmills or pulpwood concentration yards.

(g) Kennels.

(h) Country or general stores.

(i) Livestock markets.

(j) Lines, poles and pipes to provide electric, gas, telephone, water and sewer service to structures located on properties adjacent to said facilities.

(k) Roadside stand or market.

(l) Veterinary hospitals

(m) Retail greenhouse and nursery operations under 10,000 square feet. (Site plan approval is required as per Article XIV.)

(n) Cat shelters.

(o) Storage buildings or sheds, as defined.

(p) Recreational vehicle provided that the recreation vehicle is on the property no more than 30 consecutive days and is removed from the property     for at least 14 consecutive days each time it is removed. [Added 4-24-2007 by Ord. No. 2007-09]

(q) Open Space Developments meeting the requirements of Article X [Added 6-26-2007]

(r) Wineries [Added 4-22-08]

(s) Micro Wind System, Small Scale Wind Energy Facilities on parcels of land of 15 acres or more, Wind Monitoring or Meteorological Tower and
    Windmills as provided in Article XXI. [Added 5-25-10]

(2) Permitted accessory uses:

(a) Off-street parking for uses permitted in this district as provided in § 165-86.

(b) Signs as provided in Article XIII.

(c) Customary accessory uses and structures as provided in § 165-26.

(d) Home occupation as provided in § 165-29.

(e) Level 1 home business as provided in § 165-30.

(3) Uses permitted by special permit:

(a) Lodges, hunting clubs, camps, golf and country clubs.

(b) Level 2 home business as provided in § 165-30.

(c) Garages, public.

(d) Farm, lawn and garden machinery and equipment sales and service.

(e) Public utility generating, booster or relay stations, transformer substations, railroads, water and sewerage installations (other than pipes), telephone facilities (other than lines, poles and towers), and other facilities for the provision and maintenance of public utility service.

(f) Airports, commercial and private.

(g) Recreational uses or facilities, commercially operated or for a private membership, such as game courts, swimming pools, campgrounds, archery ranges, fishing or boating lakes, ski slopes, picnic grounds, marinas and accessory facilities (including the sale of food, beverage, bait, incidentals, supplies and equipment); provided that no such use, structure or accessory use is located closer than 50 feet to any adjoining property lines.

(h) Commercial slaughterhouse.

(i) Rendering plant.

(j) Blacksmith shop.

(k) Conversion of a single residential structure on a lot to contain a maximum of four dwelling units, provided that such structure was in existence prior to September 12, 1978.

(l) Wineries Reserved (4-22-08)

(m) Bulk petroleum products storage and distribution.

(n) Nursing homes and adult-care centers.

(o) Asphalt mixing plants.

(p) Flea market.

(q) Mobile home or manufactured housing parks as provided in Article IX.

(r) Motor vehicle impoundment lots.

(s) Retail greenhouse and nursery operations over 10,000 square feet. (Site plan approval is required as per Article XIV.)

(t) Manufacture of deli sandwiches.

(u) Off-street parking area as a main use.

(v) Personal service establishments under 1,500 square feet.

(w) Telecommunications towers as provided in Article XIX.

(x) (Reserved) [EN]11

(y) Dormitory housing for farm workers.

(z) Museums.

(aa) Conversion of existing single-family dwellings to bed-and-breakfasts, provided that the bed-and-breakfast is located at least 900 feet from all lots containing intensive poultry facilities, intensive hog facilities, and other confined feeding operations.

(bb) Child-care centers, provided that the child-care center is licensed by the Commonwealth of Virginia.

(cc) Corporate training centers. [Added 11-25-2003 by Ord. No. 2003-7]

(dd) Country inns. [Added 11-25-2003 by Ord. No. 2003-7]

(ee) Rural resorts. [Added 11-25-2003 by Ord. No. 2003-7]

(ff) Wholesale bakeries. [Added 11-25-2003 by Ord. No. 2003-8]

(gg) Cold storage of plant and animal cultures. [Added 3-8-2005 by Ord. No. 2005-2]

(hh) Temporary electric service [Added 4-24-2007 by Ord. No. 2007-09]

(ii) Ice Cream Stand. [Added 4-24-2007 by Ord. No. 2007-06]

(kk) Small Scale Wind Energy Facilities on parcels of land less than 15 acres, Large Scale Wind Energy Facilities and Utility Scale Wind Energy       Facilities as provided in Article XXI. [Added 5-25-10]

C. Area regulations.

(1) The minimum lot area shall be 3 1/2 acres.

(2) There shall be a maximum of one single-family detached dwelling or manufactured house per 3 1/2 acres.

(3) There shall be a maximum of two dwellings or manufactured houses or combination thereof per lot.

D. Frontage regulations. The minimum frontage for each lot shall be 350 feet. (See § 165-27 for culs-de-sac.)

E. Yard regulations. [NOTE: See Article XI for residential setbacks from poultry facilities.]

(1) Front yard. Structures shall be located 60 feet or more from the front lot line. This shall be known as the "setback" line.

(2) Side yard. Each side yard for each main structure shall be a minimum of 60 feet. No accessory building shall be located closer than 30 feet to any side property boundary line.

(3) Rear yard. Each main structure shall have a rear yard of 90 feet or more. Accessory buildings may be built to within 10 feet of rear property line.

(4) Lots adjoining an industrial zoned district. No residential structure shall be constructed closer than 100 feet to any adjacent property line if that property is an industrial-zoned district or contains an industrial use; however, this distance may be reduced to 50 feet for side or 60 feet for rear yards if a screen buffer consisting of total screening is provided.

F. Building coverage. The maximum building coverage on a lot shall be 30%.

G. Height regulations.

(1) Structures may be erected up to 35 feet in height from grade.

(2) All accessory buildings shall be less than the main building in height. Church spires, belfries, cupolas, monuments, water towers, farm silos, barns and other farm related structures, chimneys, flues, flagpoles, parapet walls, television antennas, radio aerials, microwave towers and other public communication facilities are not governed by the height regulation of 35 feet set forth in the previous subsection.

 

§ 165-12.1. Rural Residential - Agriculture (RR-A). [Added 9-28-2004 by Ord. No. 2004-11; Amended 4-24-2007 by Ord. No. 2007-08; 4-24-2007 by Ord. No. 4-24-2007; 6-26-2007]

A. Statement of intent. This district is intended to allow rural residences in areas where agricultural and other low-intensity uses predominate, but where low-density residential lots can be created. Uses not consistent with the existing character of this district are not permitted.

B. Uses. In this district, structures to be erected or land to be used shall be for one or more of the following uses:

(1) Uses permitted by right:

(a) Single-family detached dwellings.

(b) Manufactured houses on permanent foundations.

(c) Neighborhood parks and playgrounds.

(d) Lines, poles and pipes to provide electric, gas, telephone, water or sewer service to structures located on properties adjacent to said facilities.

(e) Recreational vehicle provided that the recreation vehicle is on the property no more than 30 consecutive days and is removed from the property for at least 14 consecutive days each time it is removed. [Added 4-24-2007 by Ord. No. 2007-09]

(f) Open Space Developments meeting the requirements of Article X [Added 6-26-2007]

(g)  Micro Wind System, Wind Monitoring or Meteorological Tower and Windmills as provided in Article XXI. [Added 5-25-10]

(2) Permitted accessory uses:

(a) Off-street parking for uses permitted in the district as provided in Article XII.

(b) Customary accessory uses and structures as provided in § 165-26.

(c) Home occupation as provided in § 165-29.

(d) Level 1 home business as provided in § 165-30.

(3) Uses permitted by special permit:

(a) Level 2 home business as provided in § 165-30.

(b) Temporary electic service [Added 4-24-2007 by Ord. No. 2007-09]

(d)  Small Scale Wind Energy Facilities and Large Scale Wind Energy Facilities as provided in Article XXI. [Added 5-25-10]

C. Area regulations. The minimum lot area shall be 3.5 acres.

D. Frontage regulations. The minimum frontage for each residential lot shall be 350 feet. (See § 165-27 for cul-de-sac.)

E. Yard regulations. [NOTE: See Article XI for residential setbacks from poultry facilities.]

(1) Front yard. Structures shall be located 60 feet or more from the front lot line. This shall be known as the "setback line."

(2) Side yard. Each side yard for each main structure shall be a minimum of 60 feet. No accessory building shall be located closer than 30 feet to any side property boundary line.

(3) Rear yard. Each main structure shall have a rear yard of 90 feet or more. Accessory buildings may be built to within 10 feet of the rear property line.

(4) Lots adjoining an industrial zoned district. No residential structure shall be constructed closer than 100 feet to any adjacent property line if that property is an industrial zoned district or contains an industrial use; however, this distance may be reduced to 50 feet for side or 60 feet for rear yards if a screen buffer consisting of total screening is provided.

F. Building coverage. The maximum building coverage on a lot shall be 30%.

G. Height regulations.

(1) Structures may be erected up to 35 feet in height.

(2) All accessory buildings shall be less than the main building in height.

 

§ 165-13. Low-Density Residential (R-1). [Amended 6-8-1982; 1-24-1985; 2-7-1985; 6-9-1987; 11-14-1989; 12-12-1989; 5-28-1996; 11-26-1996 by Ord. No. 96-3; 5-23-2000 by Ord. No. 00-6; 6-26-2001 by Ord. No. 01-6; 11-27-2001 by Ord. No. 01-8; 1-22-2002 by Ord. No. 02-1; 1-22-2002 by Ord. No. 02-2; 6-24-2003 by Ord. No. 2003-4; 4-24-2007 by Ord. No. 2007-08; 4-24-2007 by Ord. No. 2007-09; 6-26-2007]

A. Statement of intent. This district is intended to encourage a suitable environment for family life; one which will blend with existing development. The district will permit residential and related uses in somewhat rural areas; development that will have to depend upon on-site water and sewer facilities. Low-density residential areas will mainly develop in clusters.

B. Uses. In this district, structures to be erected or land to be used shall be for one of the following uses:

(1) Uses permitted by right:

(a) Single-family detached dwellings, including double-wide mobile homes if the running gear has been removed and the homes are located on permanent foundations.

(b) Public or private schools.

(c) Parks and playgrounds, cemeteries, police stations, fire and rescue squad stations, churches, libraries and other similar public and semipublic uses.

(d) Lines, poles and pipes to provide electric, gas, telephone, water and sewer to structures located on properties adjacent to said facilities.

(e) Open Space Developments meeting the requirements of Article X [Added 6-26-2007]

(f) Micro Wind System, Wind Monitoring or Meteorological Tower and Windmills as provided in Article XXI. [Added 5-25-10]

(2) Permitted accessory uses located on the same lot with the principal use:

(a) Off-street parking for uses permitted in this district, as provided in § 165-86.

(b) Signs as provided in Article XIII.

(c) Customary accessory uses and structures as provided in § 165-26.

(d) Home occupation as provided in § 165-29.

(e) Level 1 home business as provided in § 165-30.

(3) Uses permitted by special permit:

(a) Level 2 home business as provided in § 165-30.

(b) Public utility generating, booster or relay stations, transformer substations, railroads, water and sewerage installations (other than pipes), telephone facilities (other than lines, poles and towers), and other facilities for the provision and maintenance of public utility service.

(c) Conversion of a single residential structure on a lot to contain a maximum of four dwelling units, provided that such structure was in existence prior to September 12, 1978.

(d) Country or general store.

(e) Professional office and office building.

(f) Flea market.

(g) Livestock, domestic use.

(h) Telecommunications towers as provided in Article XIX.

(i) Nursing homes and adult-care centers.

(j) (Reserved) [EN]12

(k) Conversion of existing single-family dwellings to bed-and-breakfasts, provided that the bed-and-breakfast is located at least 900 feet from all lots containing intensive poultry facilities, intensive hog facilities, and other confined feeding operations.

(l) Child-care centers, provided that the child-care center is licensed by the Commonwealth of Virginia.

(m) Recreational vehicle provided that the recreation vehicle is on the property no more than 30 consecutive days and is removed from the property for at least 14 consecutive days each time it is removed. [Added 4-24-2007 by Ord. No. 2007-09]

(n) Temporary electric service [Added 4-24-2007 by Ord. No. 2007-09]

(p) Small Scale Wind Energy Facilities and Large Scale Wind Energy Facilities as provided in Article XXI. [Added 5-25-10]

C. Area regulations. The minimum lot size shall be 30,000 square feet.

D. Frontage regulations. The minimum frontage for each lot shall be 125 feet. (See § 165-27 for culs-de-sac).

E. Yard regulations. [NOTE: See Article XI for residential setbacks from poultry facilities.]

(1) Front yard. Structures shall be located 35 feet or more from the front lot line. This shall be known as the "setback" line.

(2) Side yard. Each side yard on a lot shall be a minimum of 15 feet.

(3) Rear yard. Each rear yard on a lot shall be a minimum of 30 feet for a principal structure. Accessory buildings may be built to within five feet of the rear property line.

(4) Lots adjoining an industrial-zoned district. No residential structure shall be constructed closer than 100 feet to any adjacent property line if that property is an industrial-zoned district or contains an industrial use; however, this distance may be reduced to 50 feet for side or 60 feet for rear yards if a screen buffer consisting of total screening is provided.

F. Building coverage. The maximum building coverage on a lot shall be 25%.

G. Height regulations.

(1) Structures may be erected up to 35 feet in height from grade.

(2) All accessory buildings shall be less than the main building in height. Church spires, belfries, cupolas, monuments, water towers, farm silos, barns and other farm related structures, chimneys, flues, flagpoles, parapet walls, television antennas, radio aerials, microwave towers and other public communication facilities are not governed by the height regulation of 35 feet set forth in the previous subsection.

H. Special provisions for corner lots.

(1) The front of a corner lot shall be the shortest of the sides facing streets. A setback equal to the front setback is required along all roads. A setback equal to the side setback is required on the other sides.

(2) The yard facing the side street shall be 35 feet or more for both main and accessory buildings.

(3) Each corner lot shall have a minimum width of 150 feet.

(4) Corner lots require minimum frontage on both roadways.

 

§ 165-14. Medium-Density Residential (R-2). [Amended 6-8-1982; 1-24-1985; 6-9-1987; 8-16-1988; 11-14-1989; 12-12-1989; 5-28-1996; 11-26-1996 by Ord. No. 96-3; 5-23-2000 by Ord. No. 00-6; 6-26-2001 by Ord. No. 01-6; 11-27-2001 by Ord. No. 01-8; 1-22-2002 by Ord. No. 02-1; 1-22-2002 by Ord. No. 02-2; 6-24-2003 by Ord. No. 2003-4, 4-24-2007 by Ord. No. 2007-08; 4-24-2007 by Ord. No. 2007-09; 6-26-2007]

A. Statement of intent. This district will provide for residential areas of a moderate density in sections of the County where development is occurring and is likely to occur. Areas for various housing types, along with certain residentially related uses will be provided. This type of district will be limited to areas around the more developed centers of the County.

B. Uses. In this district, structures to be erected or land to be used shall be for one of the following uses:

(1) Uses permitted by right:

(a) Single-family detached dwelling, including double-wide mobile homes if the running gear has been removed and the homes are located on permanent foundations.

(b) Public or private schools.

(c) Parks and playgrounds, cemeteries, police stations, fire and rescue squad stations, churches, libraries and other similar public and semipublic uses.

(d) Lines, poles and pipes to provide electric, gas, telephone, water and sewer service to structures located on properties adjacent to said facilities.

(e) Open Space Developments meeting the requirements of Article X [Added 6-26-2007]

(f) Micro Wind System, Wind Monitoring or Meteorological Tower and Windmills as provided in Article XXI. [Added 5-25-10]

(2) Permitted accessory uses located on the same lot with the principal use:

(a) Off-street parking for uses permitted in this district as provided in § 165-86.

(b) Signs as provided in Article XIII.

(c) Customary accessory uses and structures as provided in § 165-26.

(d) Home occupation as provided in § 165-29.

(3) Uses permitted by special permit:

(a) Level 1 and Level 2 home business as provided in § 165-30.

(b) Public utility generating, booster or relay stations, transformer substations, railroads, water and sewerage installations (other than pipes), telephone facilities (other than lines, poles and towers), and other facilities for the provision and maintenance of public utility service.

(c) Hospitals, nursing homes, and adult-care centers.

(d) Clinics.

(e) Conversion of a single residential structure on a lot to contain a maximum of four dwelling units, provided that such structure was in existence prior to September 12, 1978.

(f) Professional offices and office buildings.

(g) Flea market.

(h) Telecommunications towers as provided in Article XIX.

(i) (Reserved) [EN]13

(j) Bed-and-Breakfasts, provided that the bed-and-breakfast is located at least 900 feet from all lots containing intensive poultry facilities, intensive hog facilities, and other confined feeding operations. [Amended 3-25-2008 by Ord. No. 2008-01]

(k) Child-care centers, provided that the child-care center is licensed by the Commonwealth of Virginia.

(l) Two-family dwelling.

(m) Recreational vehicle provided that the recreation vehicle is on the property no more than 30 consecutive days and is removed from the property for at least 14 consecutive days each time it is removed. [Added 4-24-2007 by Ord. No. 2007-09]

(n) Temporary electric service [Added 4-24-2007 by Ord. No. 2007-09]

(p) Small Scale Wind Energy Facilities and Large Scale Wind Energy Facilities as provided in Article XXI. [Added 5-25-10]

C. Area regulations.

(1) The minimum lot area shall be 20,000 square feet.

(2) An additional 2,000 square feet of lot area shall be required for each additional unit above two with reference to uses permitted in Subsection B(3)(e).

(3) A two-family dwelling may be located on one lot of 30,000 square feet. If the units are constructed side-by-side, and are intended for sale, each unit shall be assigned an equal area on the lot with an appropriate line being drawn to divide the lot between units, provided that minimum frontage requirements, as stated above, are divided equally between said lots and all other provisions of this chapter are met. Irregularly shaped lots or lots with erratic division lines shall not be permitted.

D. Frontage regulations. The minimum frontage for each lot shall be 100 feet. (See § 165-27 for culs-de-sac.)

E. Yard regulations. [NOTE: See Article XI for residential setbacks from poultry facilities.]

(1) Front yard. Structures shall be located 35 feet or more from the front lot line. This shall be known as the "setback" line.

(2) Side yard. Each side yard on a lot shall be a minimum of 15 feet.

(3) Rear yard. Each rear yard on a lot shall be a minimum of 30 feet for a main structure. Accessory buildings may be built to within five feet of the rear property line.

(4) Lots adjoining an industrial-zoned district. No residential structure shall be constructed closer than 100 feet to any adjacent property line if that property is an industrial-zoned district or contains an industrial use; however, this distance may be reduced to 50 feet for side or 60 feet for rear yards if a screen buffer consisting of total screening is provided.

F. Building coverage. The maximum building coverage on a lot shall be 30%.

G. Height regulations.

(1) Structures may be erected up to 35 feet in height from grade.

(2) All accessory buildings shall be less than the main building in height. Church spires, belfries, cupolas, monuments, water towers, farm silos, barns and other farm related structures, chimneys, flues, flagpoles, parapet walls, television antennae, radio aerials, microwave towers and other public communication facilities are not governed by the height regulation of 35 feet set forth in the previous subsection.

H. Special provision for corner lots.

(1) The front of a corner lot shall be the shortest of the sides facing streets. A setback equal to the front setback is required along all roads. A setback equal to the side setback is required on the other sides.

(2) The yard facing the side street shall be 35 feet or more for both main and accessory buildings.

(3) Each corner lot shall have a minimum width of 125 feet.

(4) Corner lots require minimum frontage on both roadways.

 

§ 165-15. High-Density Residential (R-3). [Amended 6-8-1982; 1-24-1985; 8-16-1988; 11-14-1989; 2-11-1992; 5-28-1996; 9-23-1997 by Ord. No. 97-7; 5-23-2000 by Ord. No. 00-6; 6-26-2001 by Ord. No. 01-6; 11-27-2001 by Ord. No. 01-8; 1-22-2002 by Ord. No. 02-1; 1-22-2002 by Ord. No. 02-2; 6-24-2003 by Ord. No. 2003-4; 4-24-2007 by Ord. No. 2007-08; 4-24-2007 by Ord. No. 2007-09]

A. Statement of intent. This district will provide the highest residential density in the County. Multifamily dwellings (apartments) and townhouses, along with residentially related uses are permitted. It is intended that these areas be concentrated only around existing major development centers in the County; i.e., the towns and sanitary districts where various services and facilities are readily available.

B. In this district, structures to be erected or land to be used shall be for one of the following uses:

(1) Uses permitted by right:

(a) Single-family detached dwelling.

(b) Two-family dwelling.

(c) Rooming house or boardinghouse.

(d) Tourist home.

(e) Public or private schools.

(f) Parks and playgrounds, cemeteries, police stations, fire and rescue squad stations, churches, libraries and other similar public and semipublic uses.

(g) Lines, poles and pipes to provide electric, gas, telephone, water and sewer service to structures located on properties adjacent to said facilities.

(h) Open Space Developments meeting the requirements of Article X [Added 6-26-2007]

(i) Micro Wind System, Wind Monitoring or Meteorological Tower and Windmills as provided in Article XXI. [Added 5-25-10]

(2) Permitted accessory uses located on the main lot with the principal use:

(a) Off-street parking for uses permitted in this district as provided in § 165-86.

(b) Signs as provided in Article XIII.

(c) Customary accessory uses and structures as provided in § 165-26.

(d) Home occupation as provided in § 165-29.

(3) Uses permitted by special permit:

(a) Level 1 and Level 2 home business as provided in § 165-30.

(b) Public utility generating, booster or relay stations, transformer substations, railroads, water and sewerage installations (other than pipes), telephone facilities (other than lines, poles and towers), and other facilities for the provision and maintenance of public utility service.

(c) Mobile home or manufactured housing parks as provided in Article IX.

(d) Hospitals, nursing homes, and adult-care centers.

(e) Clinics.

(f) Townhouses as provided in Article VII.

(g) Multifamily dwelling (apartments as provided in Article VIII).

(h) Conversion of a single residential structure on a lot to contain a maximum of four dwellings units, provided that such structure was in existence prior to September 12, 1978.

(i) Professional offices and office buildings.

(j) Flea market.

(k) (Reserved)

(l) Country club and amenities.

(m) Telecommunications towers as provided in Article XIX.

(n) (Reserved) [EN]14

(o) Child-care centers, provided that the child-care center is licensed by the Commonwealth of Virginia.

(p) Recreational vehicle provided that the recreation vehicle is on the property no more than 30 consecutive days and is removed from the property for at least 14 consecutive days each time it is removed. [Added 4-24-2007 by Ord. No. 2007-09]

(q) Temporary electric service [Added 4-24-2007 by Ord. No. 2007-09]

(s) Small Scale Wind Energy Facilities and Large Scale Wind Energy Facilities as provided in Article XXI. [Added 5-25-10]

 

C. Area and frontage regulations.

(1) The minimum lot area shall be 20,000 square feet with a minimum frontage of 100 feet. For each lot containing a two-family semidetached dwelling, the minimum lot size with public water and public sewerage systems shall be 20,000 square feet with a minimum frontage of 100 feet. If the units are intended for sale, each unit shall be assigned an equal area on a lot, with an appropriate line being drawn to divide the lot between the units, provided that minimum frontage requirements, as stated above, are divided equally between said lots and all other provisions of this chapter are met. Irregularly shaped lots or lots with erratic division lines shall not be permitted.

(2) See § 165-27 for cul-de-sac.

(3) Townhouses and multifamily units (apartments) shall be governed by the regulations in Articles VII and VIII, respectively.

D. Yard regulations. [NOTE: See Article XI for residential setbacks from poultry facilities.]

(1) Front yard. Structures shall be located 35 feet or more from the front lot line. This shall be known as the "setback" line.

(2) Side yard. Each side yard on a lot shall be a minimum of 10 feet.

(3) Rear yard. Each rear yard on a lot shall be a minimum of 25 feet. Accessory buildings may be built to within five feet of the rear property line.

E. Building coverage. The maximum building coverage on a lot shall be 35%.

F. Special provisions for corner lots.

(1) The front of a corner lot shall be the shortest of the sides facing the streets. A setback equal to the front setback is required along all roads. A setback equal to the side setback is required on the other sides.

(2) The yard facing the side street shall be 35 feet or more for both main and accessory buildings.

(3) Each corner lot shall have a minimum width of 100 feet.

(4) Corner lots require minimum frontage on both roadways.

G. Height regulations.

(1) Structures may be erected up to 35 feet in height from grade.

(2) All accessory buildings shall be less than the main building in height. Church spires, belfries, cupolas, monuments, water towers, farm silos, barns and other farm related structures, chimneys, flues, flagpoles, parapet walls, television antennae, radio aerials, microwave towers and other public communication facilities are not governed by the height regulation of 35 feet set forth in the previous subsection.

 

§ 165-16. Local Business (B-1). [Amended 4-24-2007 by Ord. No. 2007-08]

A. Statement of intent. This district is designed to provide the concentration of limited range of commercial uses needed to serve daily convenience shopping and service needs of the residents of the County. Such districts shall be located primarily near residential centers in the County. This district should also have direct access to a major road; i.e., an arterial or collector.

B. In this district, structures to be erected or land to be used shall be for one or more of the following uses:

(1) Uses permitted by right:

(a) General country stores.

(b) Retail food stores.

(c) Laundries and dry cleaners.

(d) Drug stores.

(e) Barbershops and beauty shops.

(f) Bakeries.

(g) Gift, antique, record, souvenir, tobacco, florist, art, framing, ceramic, craft and other specialty retail stores. [Amended 1-22-2002 by Ord. No. 02-2]

(h) Banks, savings and loans and other financial institutions.

(i) Household furnishings and appliance stores.

(j) Bed-and-breakfast establishments. [Amended 1-24-1985]

(k) Restaurants, excluding drive-in eating and drinking establishments.

(l) Public and semipublic uses such as libraries, churches, community centers, governmental offices, police, fire and rescue squad stations and parks and playgrounds.

(m) Public utility generating, booster and relay stations, transformer substations, railroads, water and sewerage installation, telephone facilities (other than towers), transmission lines and towers, pipes, meters, lines and poles and other facilities for the provision and maintenance of public utilities service. [Amended 5-23-2000 by Ord. No. 00-6]

(n) Home occupations.

(o) Automobile and farm machinery, lawn and garden equipment sales and service.

(p) Hotels, motels, tourist homes, rooming houses and boardinghouses.

(q) Clinics.

(r) Museums. [Added 1-24-1985]

(s) Flea markets.

(t) Child-care centers, provided that the child-care center is licensed by the Commonwealth of Virginia. [Added 1-22-2002 by Ord. No. 02-2]

(u) Micro Wind System, Wind Monitoring or Meteorological Tower and Windmills as provided in Article XXI. [Added 5-25-10]

(2) Permitted accessory uses:

(a) Off-street parking and loading spaces for permitted uses in the district as provided in Article XII.

(b) Accessory uses and buildings, including single-family dwellings in connection with commercial establishments as provided in § 165-26.

(c) Signs as provided in Article XIII.

(3) Uses permitted by special permit:

(a) Planing mills, woodwork and craft shops, provided that employment is limited to the proprietor and one other person.

(b) Conversion of a single residential structure on a lot to contain a maximum of four dwelling units, provided that such structure was in existence at the time of adoption of this chapter.

(c) Professional offices and office buildings. [Added 1-24-1985]

(d) Public garages and automobile parts sales. [Added 1-24-1985]

(e) Telecommunications towers as provided in Article XIX. [Added 5-23-2000 by Ord. No. 00-6]

(g) Small Scale Wind Energy Facilities, Large Scale Wind Energy Facilities and Utility Scale Wind Energy Facilities as provided in Article XXI. [Added 5-25-10]

C. Area regulations. The minimum lot size shall be 10,000 square feet.

D. Frontage regulations. The minimum frontage for each lot shall be 75 feet.

E. Yard regulations.

(1) Front yard. Structures shall be located 40 feet or more from any street right-of-way which is 50 feet or greater in width, or 50 feet or more from the center line of any street right-of-way less than 50 feet in width. This shall be known as the "setback" line.

(2) Side yard. Each side yard on a lot shall be a minimum of 20 feet.

(3) Rear yard. The minimum rear yard on a lot shall be 20 feet.

F. Building coverage. The maximum building coverage on a lot shall be 25%.

G. Height regulations.

(1) Structures may be erected up to 35 feet in height from grade.

(2) All accessory buildings shall be less than the main building in height. Church spires, belfries, cupolas, monuments, water towers, farm silos, barns and other farm related structures, chimneys, flues, flagpoles, parapet walls, television antennae, radio aerials, microwave towers and other public communication facilities are not governed by the height regulation of 35 feet set forth in the previous subsection. [Amended 5-23-2000 by Ord. No. 00-6 [EN]15 ]

H. Special provisions for corner lots. The front of a corner lot shall be the shortest of the sides facing the streets. A setback equal to the front setback is required along all roads. A setback equal to the side setback is required on the other sides. [Added 6-24-2003 by Ord. No. 2003-4]

 

§ 165-17. General Business (B-2). [Amended 3-27-2007 by Ord. No. 2007-05; 4-24-2007 by Ord. No. 2007-08]

A. Statement of intent. This district covers the area of the County intended for general business to which the public requires direct and frequent access. Generally, this type of district will be a large area along arterial roads and in areas where such activities now exist.

B. Uses. In this district, structures to be erected or land to be used shall be for one or more of the following uses:

(1) Uses permitted by right:

(a) Retail food stores.

(b) Gift, antique, record, souvenir, tobacco, florist, art, framing, ceramic, craft and other specialty retail stores. [Amended 1-22-2002 by Ord. No. 02-2]

(c) Bakeries.

(d) Department stores.

(e) Laundries and dry cleaners.

(f) Wearing apparel stores.

(g) Drug and variety stores.

(h) Barbershops and beauty shops.

(i) Theaters, not including drive-ins, assembly halls.

(j) Hotels, motels, tourist homes.

(k) Office buildings, business offices, banks, savings and loans.

(l) Churches and libraries.

(m) Hospitals, nursing homes and adult-care centers. [Amended 11-27-2001 by Ord. No. 01-8]

(n) Funeral homes.

(o) Printing offices.

(p) Automobile, farm machinery, lawn and garden sales and service.

(q) Restaurants, including drive-ins.

(r) Automotive service stations (with major repair inside building).

(s) Clubs and lodges.

(t) Lumber and building supply (with storage under cover).

(u) Plumbing and electrical supply (with storage under cover).

(v) Machinery sales and service.

(w) Public buildings.

(x) Household furnishings and home appliance sales and service.

(y) Car washes.

(z) Auction houses and barns.

(aa) Public utility generating, booster or relay stations, transformer substations, railroads, water and sewerage installations, telephone facilities (other than towers), transmission lines and towers, pipes, meters, lines and poles and other facilities for the provision and maintenance of public utilities service. [Amended 5-23-2000 by Ord. No. 00-6]

(bb) Clinics.

(cc) Bed-and-breakfast establishments. [Added 1-24-19985]

(dd) Museums. [Added 1-24-1985]

(ee) Flea market.

(ff) Boat sales and service. [Amended 2-9-1993]

(gg) Retail greenhouse and nursery operations. (Site plan approval is required as per Article XIV.) [Added 3-22-1994]

(hh) Tool and die shops and other machine shops, provided that: [Added 7-12-1994]

[1] Shops containing punch presses and drop hammers that exceed 40 tons are excluded.

[2] Total manufacturing area (excluding materials storage area) does not exceed 2,500 square feet.

[3] Manufacturing and materials storage areas are completely enclosed.

[4] All machine equipment is located in a sound insulated portion of the building (STC 45 or greater) for all shops constructed or beginning operation after July 12, 1994.

(ii) Child-care centers, provided that the child-care center is licensed by the Commonwealth of Virginia. [Added 1-22-2002 by Ord. No. 02-2]

(jj) Fire and rescue squad stations

(kk) Micro Wind System, Wind Monitoring or Meteorological Tower and Windmills as provided in Article XXI. [Added 5-25-10]

(2) Permitted accessory uses:

(a) Off-street parking and loading spaces as provided in Article XII.

(b) Accessory uses as provided in § 165-26.

(c) Signs as provided in Article XIII.

(d) Warehouse activities accessory and clearly secondary to the primary use, provided that parking and loading areas have an all-weather surface. [Added 11-27-2001 by Ord. No. 01-8]

(3) Uses permitted by special permit:

(a) Wholesale and warehouse activities, provided that parking and loading areas have an all-weather surface.

(b) Recreational uses or facilities, commercially operated or for private membership, such as: billiard parlors, pool rooms, bowling alleys, other indoor recreational or amusement uses, golf courses and clubs, miniature golf courses, golf driving ranges, skating rinks, swimming pools and clubs, tennis courts and clubs, game courts, archery ranges, campgrounds, riding stables, horse show rings and other facilities for recreational horseback riding and velodromes, as long as the number of any animals for recreational use that are housed overnight for more than seven consecutive nights shall not exceed one animal unit per 1 1/2 acres. [Amended 10-11-1994; 8-13-1996]

(c) Shopping centers as provided in § 165-32.

(d) Drive-in theaters.

(e) Temporary trailer parks for construction workers on a construction site as provided in Article IX.

(f) Public garages and automobile parts sales. [Added 1-24-1985]

(g) Motor vehicle impoundment lot. [Added 11-11-1987]

(h) Telecommunications towers as provided in Article XIX. [Added 5-23-2000 by Ord. No. 00-6]

(i) Self-service storage facilities, provided that: [Added 11-27-2001 by Ord. No. 01-8; Amended 3-27-2007 by Ord. No. 2007-05]

[1] Site plan approval is required as per Article XIV.

[2] No storage of hazardous, toxic, or explosive materials shall occur in the self-service storage facility. Signs stating "No storage of hazardous, toxic, or explosive materials allowed" shall be posted within the facility in highly visible locations. The lease agreement must also include this limitation. A copy of the standard lease agreement must be provided to the County prior to approval of the self-service storage facility.

[3] The self-service storage facility shall be screened in a manner to buffer the visual impact of the facility from public roadways and adjoining properties using one of the following options:

(i) Fencing: Fencing shall be installed along the front, sides, and rear of the property. All fencing shall be made of solid pressure-treated wood (stained) or other approved materials, to be permanently opaque with the finished side facing out. All fencing shall meet at least the minimum front yard setback for structures in the respective zoning district. Fencing shall be at least six feet in height and kept in good repair at all times.

(ii) Evergreen Screen: An opaque screen buffer, consisting of staggered double rows of evergreen trees, planted eight feet on center (unless noted otherwise in the chart below) and a minimum of six feet tall at the time of planting. Trees shall be planted along the front, sides, and rear of the property. The screen buffer shall meet at least the minimum front yard setback for structures in the respective zoning district. The table below are examples of possible evergreen trees for use as a buffer:

Common Name	Botanical Name	Minimum Size	Minimum Spacing
White Pine	Pinus strobus	6’	10’ oc
Norway Spruce	Picea abies	6’	10’ oc
Leyland Cypress	Cupressocyparis leylandii	6’ 10 gal	6’ oc
Green Giant Arborvitae	Thuja plicata ‘Green Giant”	6’ 10 gal	6’ oc

In the event trees die, replacements shall be planted within 60 days if weather permits but in no event later than 120 days.

The entrance to the facility shall be at least 20' wide, or greater as required by the County Fire Marshal. A 20' unobstructed travelway is required between all required screening and structures. If fencing is used, a decorative landscape buffer is still required along the entire road frontage. Landscaping plans shall be approved by the Planning Commission and shall take into consideration traffic hazards. All screening shall be installed before a Certificate of Occupancy is issued for any mini-storage buildings on the property.

[4] All storage shall be within an enclosed structure, except that personal vehicles and boats may be stored within an enclosure designated on the site plan for vehicle storage. If the enclosure is located along the side or back of the self-service storage facility, an opaque screen buffer shall be planted between the enclosure and the property line.

(j) Woodwork and craft shops. [Added 1-22-2002 by Ord. No. 02-2]

(k) Body shops. [Added 1-28-2003 by Ord. No. 2003-1]

(m) Small Scale Wind Energy Facilities, Large Scale Wind Energy Facilities and Utility Scale Wind Energy Facilities as provided in Article XXI. [Added 5-25-10]

C. Area regulations. The minimum lot size shall be 20,000 square feet.

D. Frontage regulations. The minimum frontage for each lot shall be 100 feet.

E. Yard regulations.

(1) Front yard. Structures shall be located 40 feet or more from any street right-of-way. This shall be known as the "setback" line.

(2) Side yard. Each side yard on a lot shall be a minimum of 10 feet except when adjacent to a residential district it shall be 20 feet.

(3) Rear yard. The minimum rear yard on a lot shall be 20 feet.

F. Building coverage. The maximum building coverage on a lot shall be 25%.

G. Height regulations.

(1) Structures may be erected up to 35 feet in height from grade.

(2) All accessory buildings shall be less than the main building in height. Church spires, belfries, cupolas, monuments, water towers, farm silos, barns and other farm related structures, chimneys, flues, flagpoles, parapet walls, television antennae, radio aerials, microwave towers and other public communication facilities are not governed by the height regulation of 35 feet set forth in the previous subsection. [EN]16 [Amended 5-23-2000 by Ord. No. 00-6 [EN]17 ]

H. Special provisions for corner lots. The front of a corner lot shall be the shortest of the sides facing the streets. A setback equal to the front setback is required along all roads. A setback equal to the side setback is required on the other sides. [Added 6-24-2003 by Ord. No. 2003-4]

 

§ 165-18. General Industrial (M-1). [Amended 9-22-1992; 3-27-2007 by Ord. No. 2007-05; 4-24-2007 by Ord. No. 2007-08]

A. Statement of intent. The purpose of this district is to provide for and encourage general industries to locate and/or expand in order to foster development of the local economy. This district is to provide for more intensive uses in appropriate locations by providing adequate controls and review to ensure beneficial development. Generally industries in this district are involved in refining or processing raw materials.

B. Uses. In this district, any structure to be erected or expanded or land to be used shall be for one of the following uses or accessory uses:

(1) Uses permitted by right:

(a) All uses permitted by right in the Limited Industrial (M-2) District. [Amended 1-22-2002 by Ord. No. 02-2]

(b) Contractor's yard with outside storage.

(c) Blacksmith shop, welding or machine shop, excluding punch presses and drop hammers which exceed 40 tons.

(d) Building, plumbing, electrical supply and sales with outside storage.

(e) Coal and wood yards.

(f) Feed mills: mixing, sales and distribution.

(g) Public utilities: poles, lines, pipes to provide electric, gas, telephone, water and sewer service to structures located on properties adjacent to said facilities.

(h) Automobile assembling, painting, upholstering, repairing, rebuilding, etc., truck repair, tire recapping.

(i) Farm machinery, contractor equipment sales and service, manufacturing, compounding, processing, packaging.

(j) Manufacturing, compounding, processing, packaging or treatment of such products as bakery goods, candy, cosmetics, dairy products, poultry and poultry products, perfumes, pharmaceuticals, perfumed toilet soap, toiletries, food and seafood products.

(k) Manufacturing, compounding, assembling or treatment of articles of merchandise from the following materials: bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastic, precious or semiprecious metals or stones, shell, straw, textiles, tobacco, wood, yarn, paint, fiberglass, iron and steel.

(l) Manufacture of pottery and figurines or other similar ceramic products using only previously pulverized clay and kilns fired only by electricity or gas.

(m) Cabinet and furniture manufacturing.

(n) Boat manufacturing.

(o) Processing of products being recycled.

(p) Public utility generating, booster and relay stations, transformer substations, railroads, extensions of existing water and sewerage installations, telephone facilities (other than lines, poles and towers), transmission lines and towers, pipes, meters, lines, poles and other facilities for the provision and maintenance of public utilities service. [Added 9-24-1996 by Ord. No. 96-1; amended 5-23-2000 by Ord. No. 00-6]

(q) Research and development establishments, excluding those establishments which may pose a health or safety hazard to the population or environment, such as, but not limited to, nuclear, biochemical, munitions, biological warfare, biomedical research and/or development. [Added 4-25-2000 by Ord. No. 00-4]

(r) Self-service storage facilities, provided that: [Added 11-27-2001 by Ord. No. 01-8; Amended 3-27-2007 by Ord. No. 2007-05]

[1] Site plan approval is required as per Article XIV.

[2] No storage of hazardous, toxic, or explosive materials shall occur in the self-service storage facility. Signs stating "No storage of hazardous, toxic, or explosive materials allowed" shall be posted within the facility in highly visible locations. The lease agreement must also include this limitation. A copy of the standard lease agreement must be provided to the County prior to approval of the self-service storage facility.

[3] The self-service storage facility shall be screened in a manner to buffer the visual impact of the facility from public roadways and adjoining properties using one of the following options:

(i) Fencing: Fencing shall be installed along the front, sides, and rear of the property. All fencing shall be made of solid pressure-treated wood (stained) or other approved materials, to be permanently opaque with the finished side facing out. All fencing shall meet at least the minimum front yard setback for structures in the respective zoning district. Fencing shall be at least six feet in height and kept in good repair at all times.

(ii) Evergreen Screen: An opaque screen buffer, consisting of staggered double rows of evergreen trees, planted eight feet on center (unless noted otherwise in the chart below) and a minimum of six feet tall at the time of planting. Trees shall be planted along the front, sides, and rear of the property. The screen buffer shall meet at least the minimum front yard setback for structures in the respective zoning district. The table below are examples of possible evergreen trees for use as a buffer:

Common Name	Botanical Name	Minimum Size	Minimum Spacing
White Pine	Pinus strobus	6’	10’ oc
Norway Spruce	Picea abies	6’	10’ oc
Leyland Cypress	Cupressocyparis leylandii	6’ 10 gal	6’ oc
Green Giant Arborvitae	Thuja plicata ‘Green Giant”	6’ 10 gal	6’ oc

In the event trees die, replacements shall be planted within 60 days if weather permits but in no event later than 120 days.

The entrance to the facility shall be at least 20' wide, or greater as required by the County Fire Marshal . A 20' unobstructed travelway is required between all required screening and structures. If fencing is used, a decorative landscape buffer is still required along the entire road frontage. Landscaping plans shall be approved by the Planning Commission and shall take into consideration traffic hazards. All screening shall be installed before a Certificate of Occupancy is issued for any mini-storage buildings on the property.

[4] All storage shall be within an enclosed structure, except that personal vehicles and boats may be stored within an enclosure designated on the site plan for vehicle storage. If the enclosure is located along the side or back of the self-service storage facility, an opaque screen buffer shall be planted between the enclosure and the property line.

(s) Auction house. [Added 2-24-2004 by Ord. No. 2004-02]

(t) Micro Wind System, Wind Monitoring or Meteorological Tower and Windmills as provided in Article XXI. [Added 5-25-10]

(2) Permitted accessory uses:

(a) Accessory uses as defined in § 165-4.

(b) Off-street parking and loading areas as provided in Article XII.

(c) Signs as provided in Article XIII.

(d) Child-care centers, provided that the child-care center is licensed by the Commonwealth of Virginia. [Added 1-22-2002 by Ord. No. 02-2]

(3) Uses permitted with a special use permit:

(a) Petroleum storage.

(b) Public utility generating plants.

(c) Sawmill and planing mills.

(d) Truck stops and service centers.

(e) Asphalt and concrete mixing plants.

(f) Brick and block manufacture.

(g) Crushed stone, sand and gravel operations.

(h) Fertilizer manufacturing.

(i) Quarrying, mining operations.

(j) Airports.

(k) Auto graveyards.

(l) Junkyards.

(m) Slaughterhouses.

(n) Rendering plant.

(o) Foundries.

(p) Manufacturing involving punch presses or drop hammers exceeding 40 tons.

(q) Manufacturing of prefabricated building sections, insulation, roofing materials and major building components.

(r) Battery manufacturing.

(s) [EN]18 Flea market. [Amended 7-11-1989]

(t) (Reserved)

(u) Telecommunications towers as provided in Article XIX. [Added 5-23-2000 by Ord. No. 00-6]

(v) Motor vehicle impoundment lot. [Added 2-24-2004 by Ord. No. 2004-01]

(x) Small Scale Wind Energy Facilities, Large Scale Wind Energy Facilities and Utility Scale Wind Energy Facilities as provided in Article XXI. [Added 5-25-10]

C. Area requirements. The minimum lot size shall be 45,000 square feet.

D. Setback regulations. Buildings shall be located 40 feet or more from any street right-of-way. This shall be known as the "setback" line.

E. Frontage and yard regulations.

(1) The minimum frontage shall be 150 feet. Each side and rear yard shall be a minimum of 30 feet from the principal structure, and accessory structures may be located to within 15 feet of a side or rear property line. Side and rear yard setbacks do not apply to shared party walls of industrial structures in existence as of December 8, 2009. No structure shall be constructed closer than 100 feet to any adjacent property line if that property is a residential zoned district or contains a residential use; however, this distance may be reduced to 50 feet if a screen buffer consisting of opaque screening is provided. Where opaque screening is provided and the setback distance is reduced to 50 feet, parking lots may be permitted to abut such screening. [Amended 12-8-09 by Ord. No. 2009-03]

(2) The side yard facing the side street of corner lots shall be 40 feet or more.

(3) The front of a corner lot shall be the shortest of the two sides facing the streets. A setback equal to the front setback is required along all roads. A setback equal to the side setback is required on the other sides. [Amended 6-24-2003 by Ord. No. 2003-4]

F. Height regulations. Structures may be erected up to a height of 35 feet. Chimneys, flues, flagpoles, parapet walls, other accessory facilities not normally occupied by workmen, radio and television aerials, microwave towers and other public communications facilities are not governed by the height regulations set forth in this subsection, except that smokestacks, as defined in § 165-4, may only be allowed with the issuance of a special use permit. The building height may be increased to no more than 60 feet if approved through a special use permit, provided that required front, side and rear yards shall also be increased by one foot for each foot in height above 35 feet. [Amended 5-28-1996; 4-27-1999 by Ord. No. 99-1; 5-23-2000 by Ord. No. 00-6; 8-2010 by Ord. No.]

G. Coverage regulations. The maximum building coverage on a lot shall be 80% with a required minimum green area of 20%.

H. Requirements for permitted uses.

(1) Before any permit shall be issued or construction commenced on any permitted use in this district, site plans and other documentation, in sufficient detail to show the location of the structure and accessory uses and the operations and processes of the proposed use, shall be submitted to the Zoning Administrator for study. The Administrator shall refer these plans to the Planning Commission for review and recommendation as provided in Article XIV, except that the Zoning Administrator shall have the right to review and approve site plans for additions of 5,000 square feet or less to a main structure, provided that said addition is of less size than the existing structure to which it is being added.

(2) Landscaping may be required within any established or required front setback area. The plans and execution must take into consideration traffic hazards.

(3) Sufficient area and/or planting as detailed in the site plan review shall be provided to adequately screen and/or separate uses and parking areas from adjacent districts.

 

§ 165-19. Limited Industrial (M-2). [Added 9-22-1992; Amended 3-27-2007 by Ord. No. 2007-05; 4-24-2007 by Ord. No. 2007-08]

A. Statement of intent. The purpose of this district is to provide for and encourage limited industries to locate and/or expand in order to foster development of the local economy. These industries are generally light industries which are office oriented or oriented toward the manufacturing, processing, assembling, warehousing and/or distributing of goods and materials which are dependent upon previously prepared raw materials refined or processed elsewhere. It is expected that uses in this district are to be operated from within a building.

B. Uses. In this district, any structure to be erected or expanded or land to be used shall be for one of the following uses or accessory uses:

(1) Uses permitted by right:

(a) Office buildings, including medical practice offices.

(b) Data processing and computer service, including development, assembly, distribution, sales and service of computer hardware and software.

(c) Business machine sales, rental and/or service.

(d) Wholesale business.

(e) Cold storage, frozen foods or bottling plant and operations (when conducted within a building).

(f) Vending machine sales and services, including assembly and distribution.

(g) Plumbing and electrical supplies and sales with storage (within a building).

(h) Electronic equipment and components assembly, processing and distribution.

(i) Laboratory operation, including pharmaceutical, medical and dental, but excluding research and development establishments.

(j) Warehousing and distribution operation, excluding hazardous materials or petroleum products.

(k) Publishing and printing facilities.

(l) Farm and garden sales.

(m) Upholstery shop.

(n) Manufacture of musical, optical, medical instruments, toys, etc.

(o) Contractor equipment sales/service or rental (when conducted within a building or enclosure).

(p) Public utilities: lines, poles and pipes to provide electric, gas, telephone, water or sewer to structures located on the properties adjacent to said facilities.

(q) Police, fire, rescue stations.

(r) Schools, including business or commercial trade or vocational.

(s) Communication stations, earth stations, etc.

(t) Assembly and/or packaging of deli food products.

(u) Governmental, administrative or public service building.

(v) Commercial greenhouses and nurseries.

(w) Veterinary hospitals, kennels.

(x) Farm machinery sales and service (when conducted within a building).

(y) Self-service storage facilities, provided that: [Added 11-27-2001 by Ord. No. 01-8; Amended 3-27-2007 by Ord. No. 2007-05]

[1] Site plan approval is required as per Article XIV.

[2] No storage of hazardous, toxic, or explosive materials shall occur in the self-service storage facility. Signs stating "No storage of hazardous, toxic, or explosive materials allowed" shall be posted within the facility in highly visible locations. The lease agreement must also include this limitation. A copy of the standard lease agreement must be provided to the County prior to approval of the self-service storage facility.

[3] The self-service storage facility shall be screened in a manner to buffer the visual impact of the facility from public roadways and adjoining properties using one of the following options:

(i) Fencing: Fencing shall be installed along the front, sides, and rear of the property. All fencing shall be made of solid pressure-treated wood (stained) or other approved materials, to be permanently opaque with the finished side facing out. All fencing shall meet at least the minimum front yard setback for structures in the respective zoning district. Fencing shall be at least six feet in height and kept in good repair at all times.

(ii) Evergreen Screen: An opaque screen buffer, consisting of staggered double rows of evergreen trees, planted eight feet on center (unless noted otherwise in the chart below) and a minimum of six feet tall at the time of planting. Trees shall be planted along the front, sides, and rear of the property. The screen buffer shall meet at least the minimum front yard setback for structures in the respective zoning district. The table below are examples of possible evergreen trees for use as a buffer:

Common Name	Botanical Name	Minimum Size	Minimum Spacing
White Pine	Pinus strobus	6’	10’ oc
Norway Spruce	Picea abies	6’	10’ oc
Leyland Cypress	Cupressocyparis leylandii	6’ 10 gal	6’ oc
Green Giant Arborvitae	Thuja plicata ‘Green Giant”	6’ 10 gal	6’ oc

In the event trees die, replacements shall be planted within 60 days if weather permits but in no event later than 120 days.

The entrance to the facility shall be at least 20' wide, or greater as required by the County Fire Marshal. A 20' unobstructed travelway is required between all required screening and structures. If fencing is used, a decorative landscape buffer is still required along the entire road frontage. Landscaping plans shall be approved by the Planning Commission and shall take into consideration traffic hazards. All screening shall be installed before a Certificate of Occupancy is issued for any mini-storage buildings on the property.

[4] All storage shall be within an enclosed structure, except that personal vehicles and boats may be stored within an enclosure designated on the site plan for vehicle storage. If the enclosure is located along the side or back of the self-service storage facility, an opaque screen buffer shall be planted between the enclosure and the property line.

(z) Micro Wind System, Wind Monitoring or Meteorological Tower and Windmills as provided in Article XXI. [Added 5-25-10]

(2) Permitted accessory uses:

(a) Accessory uses as defined in § 165-4.

(b) Off-street parking and loading areas as provided in Article XII.

(c) Signs as provided in Article XIII.

(d) Child-care centers, provided that the child-care center is licensed by the Commonwealth of Virginia. [Added 1-22-2002 by Ord. No. 02-2]

(3) Uses permitted with a special use permit: [Added 5-23-2000 by Ord. No. 00-6]

(a) Telecommunications towers as provided in Article XIX.

(c ) Small Scale Wind Energy Facilities, Large Scale Wind Energy Facilities and Utility Scale Wind Energy Facilities as provided in Article XXI. [Added 5-25-10]

C. Area requirements. The minimum lot size shall be 30,000 square feet.

D. Setback regulations. Buildings shall be located 40 feet or more from any street right-of-way. This shall be known as the "setback" line.

E. Frontage and yard regulations.

(1) The minimum frontage shall be 100 feet. Each side and rear yard shall be a minimum of 30 feet for principal structures, and accessory structures may be located to within 15 feet of a side or rear property line. Side and rear yard setbacks do not apply to shared party walls of industrial structures in existence as of December 8, 2009. No structure shall be constructed closer than 100 feet to any adjacent property line if that property is a residential zoned district or contains a residential use; however, this distance may be reduced to 50 feet if a screen buffer consisting of opaque screening is provided. Where opaque screening is provided and the setback distance is reduced to 50 feet, parking lots may be permitted to abut such screening. [Amended 12-8-09]

(2) The side yard facing the side street of corner lots shall be 40 feet or more.

(3) The front of a corner lot shall be the shortest of the two sides facing the streets. A setback equal to the front setback is required along all roads. A setback equal to the side setback is required on the other sides. [Amended 6-24-2003 by Ord. No. 2003-4]

F. Height regulations. Structures may be erected up to35 feet in height. Chimneys, flues, flagpoles, parapet walls, radio and television aerials, microwave towers and other public communications facilities and/or other accessory facilities not normally occupied by workmen are not governed by the height regulations set forth in this subsection. [Amended 5-28-1996; 5-23-2000 by Ord. No. 00-6]

G. Coverage regulations. The maximum building coverage on a lot shall be 80% with a required minimum green area of 20%.

H. Requirements for permitted uses.

(1) Before any permit shall be issued or construction commenced on any permitted use in this district, site plans and other documentation, in sufficient detail to show the location of the structure and accessory uses and the operations and processes of the proposed use, shall be submitted to the Zoning Administrator for study. The Administrator shall refer these plans to the Planning Commission for review and recommendation as provided in Article XIV, except that the Zoning Administrator shall have the right to review and approve site plans for additions of 5,000 square feet or less to a main structure, provided that said addition is of less size than the existing structure to which it is being added.

(2) Landscaping may be required within any established or required front setback area. The plans and execution must take into consideration traffic hazards.

(3) Sufficient area and/or planting as detailed in the site plan review shall be provided to adequately screen and/or separate uses and parking areas from adjacent districts.

 

ARTICLE IV, Nonconforming Uses

§ 165-20. Existing uses.

A. Any lawfully existing use may be continued so long as it remains otherwise lawful. No non-conforming use may be reestablished where such use has been discontinued for a period of more than two years.

 

§ 165-21. Changes in district boundaries.

Whenever the boundaries of a district are changed, any structures or uses of land or buildings which become nonconforming shall be subject to the standards of this article.

 

§ 165-22. Existing structures. [Amended 1-24-1985; 4-10-1990; 9-23-1997 by Ord. No. 97-7; 10-24-2006 by Ord. No. 2006-11]

A. Any lawfully existing nonconforming structure may be continued so long as it remains otherwise lawful.

B. Where a lawfully existing nonconforming structure is damaged or destroyed by a natural disaster or other act of God, the structure can be repaired, rebuilt, or replaced to its pre-existing size if:

(1) The structure is repaired, rebuilt, or replaced within two years of the disaster, unless the structure is damaged or destroyed as the result of an event that is declared a federal disaster, in which case the structure shall be repaired, rebuilt, or replaced within four years of the disaster.

(2) The resulting structure meets the requirements of Article XVI (Floodplain Regulations) of the Shenandoah County Zoning Ordinance and the Uniform Statewide Building Code.

C. Any lawfully existing nonconforming structure not meeting setback requirements may be expanded so long as the expansion is not located any closer to the encroached property line than what currently exists and all other setback requirements are met.

D. Any television, radio or communications tower existing at the time of the adoption of this chapter, if repaired or replaced, shall not be increased in height unless a special use permit is approved by the Board of Supervisors.

 

§ 165-23. Existing lots. [Amended 2-7-1985; 6-9-1987; 9-23-1997 by Ord. No. 97-7; 10-24-2006 by Ord. No. 2006-11]

A. Any lots recorded in the office of the Clerk of the Circuit Court of Shenandoah County prior to the adoption of this chapter or any amendment to this chapter which are less in area and/or frontage than required may be used for a permitted use in the district, sold, rented or leased if the other standards of this chapter or any amendment to this chapter are met.

B. Where a lot was recorded prior to October 1, 1978 and was subject to recorded restrictive covenants containing building setback lines, side and/or rear yard lines, or have such lines shown on the recorded plat, shall be allowed to adhere to such lines. Waivers to restrictive covenants pertaining to building setback lines, side and/or rear yard lines, granted by Sky Bryce Association for Sections I through XII of the Bryce Mountain Development, shall be accepted by the Zoning Administrator.

C. Where a lot was recorded prior to June 24, 2003 and is non-conforming in frontage and/or minimum lot size requirements, the Zoning Administrator shall allow the county setbacks that were in place at that time to be used.

D. No non-conforming lot shall be subdivided or shall be part of a boundary line adjustment that makes the lot more non-conforming. This provision shall not apply to divisions for the dedication for widening or straightening the right-of-way for roads within or eligible for inclusion within the state highway system or the division of land for dedication for public utilities.

 

§ 165-24. Utility facilities lots. [Added 3-8-1983]

Lots to be used solely for the location and operation of electric substations or booster, relay or pump stations for natural gas, telephone, water, sewer and similar public utilities shall not be required to comply with area, frontage and yard regulations except that they shall be required to maintain a minimum of 15 feet setback for front, side and rear yards. This section shall not apply to lots used for the location and operation of primary utility facilities.

 

ARTICLE V, Miscellaneous Lot, Frontage and Setback Provisions

§ 165-25. Lot area and width for lots not served with public water and/or sanitary sewers.

Where a lot is not served by a public water supply and/or sanitary sewerage system and the Health Official requires a higher standard for lot area or lot width than this chapter, such higher standards shall apply.

 

§ 165-26. Accessory uses, structures or buildings. [Amended 6-10-1997 by Ord. No. 97-4; 4-24-2007 by Ord. No. 2007-09]

A. No accessory structures or buildings shall be erected in any required front yard, except that the structures or buildings necessary to provide for required off-street parking may be allowed where terrain, narrowness of lot or other peculiar features will not allow such structure or building in other areas of the lot.

B. Motor vehicles, whether operable or inoperable, may be kept on the owner's property as an accessory use if the following conditions are met:

(1) The owner must have the title for each vehicle.

(2) Personal property taxes shall have been paid-to-date.

(3) Each vehicle must display a Shenandoah County motor vehicle decal or an inoperable vehicle decal.

C. If the above conditions are not met, vehicles may still be kept on the property as long as they are not visible from a state-maintained road.

D. No more than two recreational vehicles may be kept on the owner's property as an accessory use provided that there is a dwelling on the property, the recreational vehicles are not used for overnight occupation, and the recreational vehicles are not parked in any required front yard.[Added 4-24-2007 by Ord. No. 2007-09]

 

§ 165-27. Frontage reduction for lots fronting on culs-de-sac.

When lots front on a cul-de-sac, the minimum frontage standard (measured at the setback line) in the respective district shall be reduced to 60% of that number set for the district.

 

§ 165-28. Additional setback requirements for safety or health reasons.

The building setback line shall be a greater distance than the minimum specified in the various districts if required by the Virginia Department of Highways and Transportation or the Health Official for safety or health reasons.

 

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. [Amended 6-24-2008 by Ord. No. ]

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.

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 less than 4.25 automobile parking space with suitable access shall be provided for each 1000 gross square feet of building floor area.

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.

N. A site plan shall be drawn and submitted in accordance with Article XIV.

 

§ 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.

 

ARTICLE VII, Townhouses

§ 165-33. Area regulations.

A. Minimum lot size for townhouse construction shall be one acre.

B. Minimum lot area per dwelling unit shall be 2,500 square feet.

 

§ 165-34. Minimum lot width.

A. Minimum lot width for development shall be 125 feet at setback line.

B. Minimum lot width per dwelling unit shall be 20 feet.

(1) In the case of a lot at the end of a row of townhouses, the lot width shall be 30 feet.

(2) For corner lots at street intersections, the minimum lot width shall be 40 feet.

 

§ 165-35. Minimum yard requirements.

A. The front yard shall be 40 feet from road right-of-way line. Required parking may be located in a front yard, but not closer than 10 feet to the ultimate street right-of-way.

B. The rear yard shall be 40 feet for each townhouse dwelling unit.

C. The side yard shall be 10 feet for each end unit; 20 feet for each corner lot at street intersections.

 

§ 165-36. Maximum building height.

Maximum building height shall be 2 1/2 stories but not to exceed 35 feet.

 

§ 165-37. Other regulations for all townhouse construction.

A. Each dwelling unit shall be separated by a noncombustible party wall going to the roof, with a fire resistance of not less than two hours duration.

B. Each townhouse and/or townhouse parking area shall front on a dedicated public street, meeting State Department of Highways and Transportation and County standards, or on a private way or access easement, at least 30 feet in minimum width, which is to be maintained by owners or owners of such townhouse or townhouses or an association of property owners.

C. Concrete curb and gutter shall be installed along both sides of all new streets within the development. However, should a new street act as a boundary for townhouse developments, curb and gutter need only to be installed on the side of the street adjacent to the development.

D. Sidewalks of at least four feet in width, constructed of concrete, asphalt or brick shall be installed from parking areas to all townhouse structures served by such parking areas.

E. The radius of culs-de-sac shall be at least 50 feet. No more than 25 dwelling units shall be located on any cul-de-sac.

F. Accessory buildings are not permitted, except that on any lot there may be an enclosed storage shed not exceeding seven feet in height, and not exceeding ten by ten (10 x 10) feet in area.

G. All townhouse developments must be connected to a public water and public sewer system.

H. A ten-foot easement along the side and rear of properties shall be provided in addition to yard requirements in developments of under three acres.

 

§ 165-38. Variation in townhouse design.

The facades of dwelling units in a townhouse structure shall be varied by changed front yards of not less than two feet and variation in materials and design so that not more than four abutting units will have the same front yard depth or the same architectural treatment of facades and roof lines.

 

§ 165-39. Site plan review and approval required.

A site plan drawn and submitted in accordance with Article XIV is required.

 

§ 165-40. Special regulations for townhouse developments of three acres and over.

For townhouse developments of three acres or more, the following regulations shall apply in addition to those previously noted:

A. There shall be provided twenty-five hundredths (0.25) square foot of open space (not including parking or driveway areas) devoted to recreational use for every one square foot of gross residential floor area. This space shall take the form of parks or play areas, etc., and shall not include front, rear or side yard areas of individual townhouse units.

B. Management of open space.

(1) All open space shall be preserved for its intended purpose as expressed on the site plan.

(2) There shall be established a nonprofit association, corporation, trust or foundation of all individuals or corporations owning residential property within the development to ensure the maintenance of open spaces or other facilities.

(3) When the development is to administer open space and other facilities through an association, nonprofit corporation, trust or foundation, said organization shall conform to the following requirements:

(a) The developer must establish the organization prior to the sale of any property.

(b) Membership in the organization shall be mandatory for all residential property owners, present or future, within the development.

(c) The organization shall manage all open space and recreational and cultural facilities, shall provide for the maintenance, administration and operation of said land and improvements and any other land within the development and shall secure adequate liability insurance on the land.

(d) The organization shall conform to the Condominium Act, Code of Virginia (1950), as amended. [EN]19

(4) Should the units be for rental purposes, the developer or rental agent shall be responsible for maintenance and management of open space.

C. Parking shall be provided on the lot as carports or as an integral part of the townhouse, or a joint parking facility for a group of townhouses with such deed restrictions as are necessary to determine ownership and maintenance of common parking facilities and methods of assigning charges for maintenance, snow removal and repairs.

D. Open space devoted to recreational use as herein required shall be designed for use by tenants of the development and shall be improved and equipped by the developer in accordance with approved plans.

E. Screening shall be provided of sufficient height and density to screen the site from adjoining residential districts if other than R-3 Districts. A plan specifying type, size and location of existing and proposed material shall be submitted with the application for the permit.

F. Parking facilities.

(1) Required parking spaces shall be provided on the same lot as the building served or on a joint facility in the development.

(2) All access drives shall be at least 15 feet from any building on the lot and from exterior lot lines.

(3) Parking areas shall not be designed or located so as to require or encourage cars to back into a street in order to leave the lot.

(4) Entranceways and exitways to parking areas shall have a minimum width of 12 feet for each lane of traffic entering or leaving the site but shall at no time exceed 30 feet in width at the street line.

(5) All dead-end parking lots shall be designed to provide sufficient back-up area for the end stalls of the parking area.

(6) All accessways and parking areas shall be paved with a double surface treatment or concrete covering.

G. Drainage. A storm runoff and drainage system shall be installed by the developer so as to adequately dispose of all runoff and drainage away from the project site, and so as not to permit excess flow of water across streets or adjoining properties. Plans for such drainage systems shall be submitted with the application for the permit.

H. Lighting. Lighting for buildings, accessways and parking areas shall be so arranged as not to reflect toward public streets or cause annoyance to building occupants or surrounding property owners or residents.

I. Exterior storage areas for trash and rubbish shall be well screened on three sides and contain verminproof containers. Interior storage areas for trash and rubbish shall at all times be kept in an orderly and sanitary fashion.

 

ARTICLE VIII, Apartments

§ 165-41. Area regulations.

The number of dwelling units to be constructed shall be determined by providing 15,000 square feet of lot area for the first two dwelling units, and an additional 2,000 square feet of lot area for each additional unit above two.

 

§ 165-42. Minimum lot width.

Minimum lot width shall be 125 feet at the setback line.

 

§ 165-43. Minimum yard requirements for development site.

The minimum yard requirements for the development site shall be as follows:

A. Front yard: 40 feet from road right-of-way. Required parking may be located in a front yard, but no closer than 10 feet to the ultimate street right-of-way.

B. Rear yard: 40 feet.

C. Side yard: 35 feet.

 

§ 165-44. Maximum building height.

Maximum building height shall not exceed 35 feet.

 

§ 165-45. Access to dedicated street required.

Each apartment structure and/or apartment parking area shall have access on a dedicated public street or access easement approved by the County and meeting State Department of Highways and Transportation standards.

 

§ 165-46. Curbs and gutters.

Concrete curb and gutter shall be installed along both sides of all new streets within the development. However, should a new street act as a boundary for an apartment development, curb and gutter need only be installed on the site of the street adjacent to the development.

 

§ 165-47. Sidewalks.

Sidewalks of four feet in width, constructed of concrete, asphalt or brick shall be installed from parking areas to all apartment structures served by such parking areas.

 

§ 165-48. Water and sewer.

The proposed development shall be served by both public water and public sewer systems.

 

§ 165-49. Culs-de-sac.

The radius of culs-de-sac shall be at least 50 feet. No more than 25 dwelling units shall have sole principal access to any cul-de-sac.

 

§ 165-50. Open space.

A. For apartment construction of 24 dwelling units or more there shall be provided twenty-five hundredths (0.25) square foot of open space (not including parking or driveway areas) devoted to recreational use for every one square foot of gross residential floor area. This space shall take the form of parks or play areas, etc.

B. Management of open space.

(1) All open space shall be preserved for its intended purpose as expressed on the site plan.

(2) There shall be established a nonprofit association, corporation, trust or foundation of all individuals or corporations owning residential property within the development to ensure the maintenance of open spaces and other facilities.

(3) When the development is to administer open space and other facilities through an association, nonprofit corporation, trust or foundation, said organization shall conform to the following requirements:

(a) The developer must establish the organization prior to the sale of any property.

(b) Membership in the organization shall be mandatory for all residential property owners, present or future, within the development.

(c) The organization shall manage all open space, recreational and cultural facilities, shall provide for the maintenance, administration and operation of said land and improvements and any other land within the development and shall secure adequate liability insurance on the land.

(d) The organization shall conform to the Condominium Act, Code of Virginia (1950), as amended. [EN]20

C. Should the units be for rental purposes, the developer or rental agent shall be responsible for maintenance and management of open space.

D. Open space devoted to recreational use as herein required shall be designed for use by residents of the development and shall be improved and equipped by the developer in accordance with approved plans.

 

§ 165-51. Screening.

Screening shall be provided of sufficient height and density to screen the site from adjoining residential districts if other than R-3 Districts. A plan specifying type, size and location of existing and proposed material shall be submitted with the application for the permit.

 

§ 165-52. Parking facilities.

A. Parking shall be provided in a joint parking facility for a group of apartments with such deed restrictions as are necessary to determine ownership and maintenance of common parking facilities and methods of assigning charges for maintenance, snow removal and repairs.

B. All access drives shall be at least 15 feet from any building on the lot and from exterior lot lines.

C. Parking areas shall not be designed or located so as to require or encourage cars to back into a street.

D. Entranceways and exitways to parking areas shall have a minimum width of 12 feet for each lane of traffic entering or leaving the site but shall at no time exceed 30 feet in width at the street line.

E. All dead-end parking lots shall be designed to provide sufficient back-up area for the end stalls of the parking area.

F. All accessways and parking areas shall be paved with a double surface treatment or concrete covering.

 

§ 165-53. Drainage.

A storm runoff and drainage system shall be installed by the developer to adequately dispose of all runoff and drainage from the project site, so as not to permit excess flow of water across streets or adjoining properties.

 

§ 165-54. Lighting.

Lighting for buildings, accessways and parking areas shall be so arranged as not to reflect toward public streets or cause annoyance to building occupants or surrounding property owners or residents.

 

§ 165-55. Storage of trash and rubbish.

Exterior storage areas for trash and rubbish shall be well screened on three sides and contain verminproof containers. Interior storage areas for trash and rubbish shall at all times be kept in an orderly and sanitary fashion.

 

§ 165-56. Site plan review and approval.

A site plan drawn and submitted in accordance with Article XIV is required.

 

ARTICLE IX, Permanent Mobile Home and Manufactured Housing Parks [Amended in its entirety at time of adoption of Code [EN]21 ]

§ 165-57. Special use permit required.

The location of mobile home and manufactured housing parks shall require a special use permit issued by the governing body in appropriate districts where permitted. This article is intended to set forth the design criteria for planned communities of mobile homes and manufactured housing.

 

§ 165-58. Area regulations.

A. The minimum size for a mobile home or manufactured housing park shall be five acres.

B. The land on which mobile homes or manufactured houses are installed may be held under single ownership for rental of plots, or it may be subdivided into lots for sale. In either case, the minimum area of the lot or plot shall be 5,000 square feet for single-wide mobile homes and 7,000 square feet for double-wide mobile homes. Only one mobile home or manufactured house is permitted per lot or plot.

 

§ 165-59. Minimum lot/plot width and frontage.

A. The minimum width of all lots or plots shall be 50 feet.

B. All lots shall front on a public street constructed to meet Virginia Department of Transportation subdivision street standards. The minimum frontage on the public street shall be 50 feet.

C. Rental plots may front on either a public or a private street. Public streets shall be constructed to meet Virginia Department of Transportation subdivision street standards. Private streets shall meet the standards set forth in § 165-62C. The minimum frontage on either a public or private street shall be 50 feet.

 

§ 165-60. Minimum yard requirements.

A. Front yard. Structures shall be located 35 feet or more from the front lot or plot line. This shall be known as the "setback" line.

B. Side yard. Each side yard on a lot or plot shall be a minimum of 15 feet; provided, however, that zero lot line parks are permitted according to the following standards:

(1) Structures may be located within 15 feet of one side lot or plot line or even directly abutting one side lot or plot line ("zero lot lines").

(2) The other side yard shall be a minimum of 30 feet.

(3) No mobile home or manufactured home shall be located within 30 feet of another.

C. Rear yard. Each rear yard on a lot or plot shall be a minimum of 15 feet. Accessory buildings may be built to within five feet of the rear lot or plot line.

 

§ 165-61. Park buffer.

No structures, streets or parking areas shall be placed within 50 feet of the perimeter boundary of the mobile home or manufactured housing park.

 

§ 165-62. Park access.

A. Mobile home and manufactured housing parks subdivided into lots for sale shall be served by public streets meeting Virginia Department of Transportation subdivision street standards.

B. Mobile home and manufactured housing parks held under single ownership for rental of plots may be served by either public streets meeting Virginia Department of Transportation subdivision street standards or private streets meeting the standards set forth in Subsection C; provided, however, that no private street shall serve more than 10 plots.

C. All private streets within mobile home or manufactured housing parks shall meet the following standards:

(1) Minimum right-of-way width for the street and utilities shall be 40 feet.

(2) Adequate right-of-way shall be provided at the entrance of the private street to a public street so as to accommodate VDOT entrance requirements.

(3) Minimum travelway width shall be 18 feet.

(4) Minimum curve radius shall be 110 feet.

(5) Maximum travelway grade shall be 16%.

(6) Shoulders of a minimum two-foot width shall be provided on both sides of the travelway.

(7) The travelway shall be graded, crowned [3%], compacted and surfaced with a minimum of six inches of VDOT No. 21B type aggregate (crushed stone) and with a topcoat of prime and double seal or two inches of asphalt.

(8) Any utility placed within the street right-of-way shall have at least 36 inches of cover.

(9) Side ditches, relief ditches and culverts shall be provided at appropriate locations to accommodate pre- and post-construction drainage.

(10) Stream crossings by bridge or culvert shall meet the following criteria:

(a) As a minimum, all crossing structures shall be designed to accommodate a twenty-five-ton vehicle.

(b) Bridges and culverts shall be designed to pass the ten-year storm without overtopping.

(11) The owner of the park shall be responsible for maintenance of all private streets and drainage facilities.

 

§ 165-63. Mounting and anchoring.

All mobile homes and manufactured housing shall be mounted and anchored in accordance with the current edition of the Virginia Uniform Statewide Building Code. [EN]22

 

§ 165-64. Off-street parking.

At least two off-street parking spaces shall be provided for each mobile home or manufactured house. Mobile homes and manufactured housing parks may employ common parking lots to provide off-street parking.

 

§ 165-65. Water and sewer facilities.

The Virginia Department of Health must certify that each lot or plot shall be provided with an approved source of water supply and an approved means of sewage disposal before the mobile home or manufactured housing park shall be approved. Water and sewer service shall be provided through a public or community system. All community systems shall be dedicated to a public authority established according to § 21-112.22 et seq. of the Code of Virginia.

 

§ 165-66. Common areas.

A. All mobile home and manufactured housing parks shall have common open space of at least 1/4 acre. For parks containing over 30 lots or plots, additional common open space shall be provided equivalent to 360 square feet per mobile home or manufactured house over 30.

B. The common open space shall be provided with a playground containing at least five pieces of play apparatus, or an open play area with seating area and picnic shelter, or a one-fourth-mile jogging/walking trail.

C. Other common areas may be provided for parking, private streets or storage. Storage areas shall be surrounded by an eight-foot-high opaque fence and shall be located at least 30 feet from any structure, 50 feet from the perimeter boundary of the park and 35 feet from any public or private street.

D. All common areas shall be maintained either by a property owners' association, as provided for in Article VIII of Chapter 142, Subdivision of Land, in the case of a park subdivided into lots for sale, or by the single owner of the park in the case of a rental park.

 

§ 165-67. Approval of mobile home or manufactured housing parks.

A. All parks held under single ownership for rental of plots shall meet the site plan review requirements of Article XIV. The site plan shall show all rental plots defined by metes and bounds and depicted in the form of a plat.

B. All parks where lots are to be sold shall be subject to preliminary and final subdivision plat approval according to the Chapter 142, Subdivision of Land.

 

§ 165-68. Existing mobile home parks.

Mobile home parks existing as of 1996 shall be grandfathered; provided, however, that any expansion or addition to an existing mobile home park shall meet the standards set forth in this article IX.

 

ARTICLE X [Added 6-26-2007]

§ 165-69. Purpose and Intent.

A. The regulations established in this article are to encourage the preservation of open spaces to be used for agricultural, forestal, and recreational uses. These regulations are consistent with Section 15.2-2286.1 of the Code of Virginia, as amended.

B. Objectives:

(1) Protect and preserve large tracts of land for agriculture, forest, and other open space uses.

(2) Protect and preserve natural resources, trees, watersheds, floodplains, water features, sink holes, mountain ridge lines, steep slopes, and other sensitive natural features, while enhancing the natural scenic beauty of the land.

(3) Protect and preserve historic areas, including any area containing one or more buildings or places in which historic events occurred or having special public value because of notable architectural, archeological, or other features relating to the cultural or artistic heritage of the community, of such significance as to warrant conservation and preservation.

§ 165-70. Minimum area requirement.

An open space development shall consist of at least 5 contiguous acres in the Low-Density Residential (R-1), Medium-Density Residential (R-2), and High-Density Residential (R-3) districts, 10.5 acres in the Agriculture (A-1) and Rural-Residential Agriculture (RRA) districts and 30 acres in the Conservation (C-1) and Rural-Residential Conservation (RRC) districts, under one ownership or control.

§ 165-71. Public water and sewer.

An open space development project shall be serviced by public water and sewer as defined in Section 142-3.B of the Code of Shenandoah.

§ 165-72. Density, area, frontage, and yard requirements.

A. An open space development shall be designed at an overall density corresponding to the minimum lot size contained in the specific applicable district regulations section for single-family lots.

B. All residential lots in an open space development shall be clustered within an area not containing prime farm and forest land, 100-year floodplain, wetlands, stream buffers, sink holes, mountain ridge lines, steep slopes, historic areas, and areas with other sensitive natural and historical features. The Administrator shall evaluate information provided by the applicant in the site plan, soil surveys, floodplain maps, historical surveys, USGS topographical maps, and other sources of information pertaining to the property and surrounding areas.

C. The minimum lot area, frontage, and yard requirements for individual lots in an open space development shall be as follows:

District	Minimum Lot Area	Minimum Frontage	Required Front Yard	Required Side Yard	Required Rear Yard
C-1/RRC	1 acre	125 feet	35'	15'	30'
A-1/RRA	30,000 sq ft.	125 feet	35'	15'	30'
R-1	15,000 sq ft.	100 feet	35'	10'	25'
R-2	10,000 sq ft.	90 feet	35'	10'	25'
R-3	10,000 sq ft.	90 feet	35'	10'	25'

 

Accessory structures shall be located at least 5 feet from side and rear lot lines.

Note: 100' setback is required for all primary structures from a pre-existing street.

§ 165-73. Open Space

A. A minimum percentage of each open space development shall be preserved in open space as shown in the following table:

C-1/RRC	75%
A-1/RRA	70%
R-1, R-2, R-3	50%

B. Open space shall be used only for the following purposes:

(1) For properties zoned C-1, RRC, A-1, RRA: Agricultural and forestal uses including the construction of farm related accessory structures necessary to conduct agricultural activities on the property.

(2) For properties zoned R-1, R-2, R-3: Recreation areas meaning park areas, pedestrian paths, bicycle trails, and other recreational facilities. Structures directly supporting the recreation use may be constructed.

(3) For all properties: Preservation areas meaning historic places, buildings, battlefields, and other areas of historical significance, stream buffers, floodplains, wetlands, steep slopes, and other natural and environmental resources, not including structures except those farm structures allowed in Section 165-73.B(1).

C. All open space within a development shall be contiguous. When open space is already designated on neighboring properties, all new open space shall be designed to be linked together with neighboring properties whenever feasible. The open space shall be arranged and designed to facilitate its use, ensure continuity of design, and preserve sensitive environmental features. Failure to achieve these goals shall be sufficient reason for the agent to deny applications for open development plan approval or to require modifications that may include the loss of lots.

D. An open space development shall include a perpetual or conservation easement on the open space to ensure it continues as open space in perpetuity.

E. In the C-1, RRC, A-1, & RRA Zoning Districts the open space may remain in private ownership if the provisions of this ordinance are met. If the open space remains in private ownership and it contains an existing single-family dwelling, that single-family dwelling may be continued, improved, expanded, and repaired as necessary.

F. In the R-1, R-2, R-3 Zoning Districts the Homeowner’s Association shall own and maintain the open space unless the developer wishes to dedicate the open space to the county for recreational uses, and where the Board of Supervisors agrees to accept such open space, or where a conservation organization agrees to take ownership and maintenance of the open space, if approved by the Board of Supervisors. Recreational open space shall be linked together to provide access for all residents. The Homeowner’s Association shall conform to the following requirements:

(1) The developer shall establish the organization prior to the sale of any property.

(2) Membership in the organization shall be mandatory for all residential property owners, present or future, within the development.

(3) The organization shall manage all open space and recreational and cultural facilities; shall provide for the maintenance, administration, and operation of said land and improvements, and any other land within the development, and shall secure adequate liability insurance on the land.

(4) The organization shall conform to the Condominium Act, Code of Virginia (1950), as amended.

§ 165-74. Streets

A. No new lots created under the open space development regulations shall be accessed by an existing street.

B. All lots shall be accessed by new streets meeting the provisions of Section 142-20 of the Code of Shenandoah.

C. All new residential structures shall be located at least 100' from any street in existence at the time of subdivision. An opaque screen buffer, as defined in Section 165-4, shall be installed and maintained along all pre-existing streets on residential lots in an open space development. The Subdivision Administrator may waive this requirement if the existing tree cover is found to adequately screen new houses from existing streets and if the trees in that area are preserved in an easement.

§ 165-75. Buffers

A. Where an open space development is to be located adjacent to land zoned or currently used for industrial or business uses, the required open space shall be located to buffer the residential lots from those properties.

B. Where an open space development is to be located adjacent to land in an Agriculture & Forest District or land used for intensive poultry or hog facilities, the required open space shall be located to buffer the residential lots from those uses.

§ 165-76. Approval Process

Open space developments shall be reviewed administratively by staff. In determining whether or not to grant approval, the applicant shall be required to show how the proposed open space development provides superior protection of those resources listed in 165-69.B to that which would be effected by conventional subdivision of the subject property. A site plan, meeting the requirements of Section 165-98 shall be submitted to the Administrator. In addition to the requirements of Section 165-98, mountain ridge lines and areas of environmental/historical value, as described in Section 169.B, shall be shown on the site plan and preserved as open space. Where an open space development is to be developed in phases, a site plan shall be submitted for the development of the entire site with a phasing plan. This general site plan shall not bind the county into approving further phases if the Code of Shenandoah is amended to disallow such use approved in the site plan.

Once a site plan is approved, a final plat meeting the requirements of Section 142-48 shall be submitted to the Administrator. In addition, final plats recorded for an open space development shall bear a statement indicating that the land is within an approved open space development subdivision and shall also bear a statement indicating the ownership status of the development’s open space system and shall reference the covenants creating a property owners association, which shall also be recorded at the time final plats are recorded. The easement preserving the open space, restrictive covenants spelling out the maintenance of the open space, articles of incorporation for the Homeowner’s Association, and any bonding necessary for improvements shall be approved by the County Attorney. If those items are approved by the County Attorney, the Administrator shall approve or deny the final plat based on compliance with all applicable codes.

§ 165-77. Variations

In order to promote more creative and innovative designs, the Board of Supervisors may approve variations to the requirements of this chapter through the issuance of a special use permit.

 

ARTICLE XI, Intensive Poultry and Hog Facilities [Added 7-9-1991; amended 11-8-1994]

§ 165-80. Setback regulations.

A. Setbacks for intensive poultry facilities only. Intensive poultry facilities shall be constructed no closer than the following distances (setbacks) to the specified use or property line:

(1) For intensive poultry facilities located on a parcel included in an agricultural and forestal district created pursuant to §§ 15.2-4305 through 15.2-4311 of the Code of Virginia:

(a) Three hundred feet from any existing dwellings, schools, churches and other nonagricultural uses.

(b) Distance from property line as specified in § 165-11E(1), (2) and (3) when poultry facility is located in Conservation (C-1) Zoning District, or as specified in § 165-12E(1), (2) and (3) when poultry facility is located in Agriculture (A-1) Zoning District.

(2) For intensive poultry facilities located on a parcel not included in an agricultural and forestal district created pursuant to §§ 15.2-4305 through 15.2-4311of the Code of Virginia:

(a) Six hundred feet from any existing dwellings, schools, churches and other nonagricultural uses in a sparsely settled area.

(b) Nine hundred feet from any existing dwellings, schools, churches and other nonagricultural uses in a densely settled area.

(c) One hundred fifty feet from any property line, except a property line shared with an interstate highway.

(d) Distance from a property line shared with an interstate highway as specified in § 165-11E(1), (2) and (3) when poultry facility is located in the Conservation (C-1) Zoning District, or as specified in § 165-12E(1), (2) and (3) when poultry facility is located in the Agricultural (A-1) Zoning District.

(e) Setback specified in Subsection A(2)(c) may be reduced to less than 150 feet but greater than or equal to 75 feet by mutual consent of the grower and adjacent property owner. Consent shall be evidenced by written formal agreement referencing both parcels by deed book reference, signed by both parties, notarized and recorded in the office of the Clerk of the Circuit Court, with a copy provided to the Zoning Administrator at the time of recordation and prior to application for a zoning permit.

B. Setbacks for intensive hog facilities only. Intensive hog facilities shall be constructed no closer than the following distances (setbacks) to the specified use or property line:

(1) For intensive hog facilities on a parcel included in an agricultural and forestal district created pursuant to §§ 15.2-4305 through 15.2-4311 of the Code of Virginia: 300 feet from any property line.

(2) For intensive hog facilities on a parcel not included in an agricultural and forestal district created pursuant to §§ 15.2-4305 through 15.2-4311of the Code of Virginia:

(a) Six hundred feet from any existing dwellings, schools, churches and other nonagricultural uses in a sparsely settled area.

(b) Nine hundred feet from any existing dwellings, schools, churches or other nonagricultural uses in a densely settled area.

(c) Three hundred feet from any property line.

C. Additional setbacks for both intensive poultry and intensive hog facilities. Intensive poultry and/or hog facilities shall be constructed no closer than the following distances (setbacks) to the specified zone, boundary, feature or facility:

(1) Nine hundred feet from any residential (R-1, R-2 or R-3) and commercial (B-1 or B-2) zoning districts located outside an existing town or designated growth area.

(2) One thousand feet from any existing town boundaries and designated growth areas.

(3) One hundred feet from any streams, rivers, springs, sinkholes, water intakes and public wells; and 100 feet from any private wells on adjoining properties.

D. Application of setbacks to intensive poultry and intensive hog facilities. Setbacks presented in Subsections A, B and C are considered minimum setbacks. Where applicable setback minimums differ, the more stringent of the setbacks shall apply. All applicable setbacks shall be met concurrently.

E. Setbacks for residential dwellings. Any residential dwelling constructed on land that was once within an agricultural and forestal district created pursuant to §§ 15.2-4305 through 15.2-4311 of the Code of Virginia, but was withdrawn at the request of the owner before the period of the district lapsed, such dwelling shall be located no closer than 300 feet to any existing intensive poultry or hog facility in the agricultural and forestal district.

 

§ 165-81. Entrance location.

A permit for the proposed entrance to the intensive poultry or hog facility access road must be obtained from the Virginia Department of Transportation prior to application for a zoning permit.

 

§ 165-82. Poultry development plans (optional).

A grower or potential grower may file with the Zoning Administrator a development plan which indicates the number, size and location of poultry facilities planned for the subject parcel. When a poultry development plan has been approved and filed with the Zoning Administrator and during the period in which it remains in effect, the planned poultry facilities shall be obliged to meet setbacks only from those dwellings, schools, churches, other nonagricultural uses, zoning districts, town boundaries, designated growth areas, water intakes and wells existing at the time the poultry development plan is approved.

A. The poultry development plan shall be based on the requirements of this section and shall be accompanied by a plat prepared and signed by a land surveyor certified by the Commonwealth of Virginia verifying the accuracy of the distances shown in the poultry development plan.

B. The poultry development plan shall remain in force only so long as the poultry facilities proposed are constructed in accordance with the poultry development plan and are placed in service in a timely manner.

C. At least one poultry facility indicated in the poultry development plan must be constructed within 12 months of the date of plan approval, unless at least one poultry facility is already constructed on the subject parcel at the time the poultry development plan is filed.

D. In the event that a grower fails to build a poultry facility indicated in the poultry development plan within 12 months of obtaining zoning approval or if a poultry facility existed at the time the plan was approved and the grower fails to obtain zoning approval for any of the additional poultry facilities as indicated on the plan within a ten-year period, the Zoning Administrator shall review the poultry development plan. If the plan could still be implemented as is, or revised, to comply with the poultry regulations in effect at the time of review, then it may be renewed as revised for five additional years with five-year review periods continuing thereafter. If the plan does not comply with current poultry regulations, it shall be revoked and all future development of poultry facilities on the subject parcel shall conform to the ordinance in effect at the time of zoning permit application.

 

§ 165-83. Nutrient management plan.

A. After July 9, 1991, a permit for poultry operation shall not be issued until a nutrient management plan for the proposed poultry operation has been reviewed and accepted by the Zoning Administrator. Each poultry operation already in operation or approved by the County prior to July 9, 1991, shall have an approved nutrient management plan on file with the Zoning Administrator on or before July 9, 1996, or at such time as additional poultry facilities are placed into service on the same parcel, whichever shall occur first. After July 9, 1996, no poultry operation shall operate without such nutrient management plan.

B. The nutrient management plan shall provide for the safe disposal or use of 100% of the animal waste produced by each poultry facility. Disposal or use shall be accomplished by means of land application at approved locations and agronomic rates, as established by the Virginia Cooperative Extension Service or other appropriate agencies. Alternative methods of disposal may be used, as approved by appropriate state and/or local agencies. The nutrient management plan shall take into account, among other things, the presence of rivers, streams, public and private wells, springs and sinkholes, and slopes and geological formations that indicate a high susceptibility to groundwater or surface water pollution. Each nutrient management plan shall be subject to review and approval by an agent of the Virginia Cooperative Extension Service or other appropriate agency.

C. If off-site disposal is part of the nutrient management plan, the grower shall provide, as part of the nutrient management plan, written documentation of an agreement with the receiver of the wastes produced at the grower's poultry facility. Documentation shall specify the duration of the agreement and the nature of the application or use of the poultry wastes. A nutrient management plan containing such an agreement shall be valid only as long as the agreement remains in force and shall be reviewed whenever such an agreement expires or is terminated by either party. The grower shall notify the Zoning Administrator whenever such an agreement is terminated before its stated expiration.

D. The nutrient management plan shall also provide for a site, with or without a permanent structure, for the storage of poultry wastes. The site shall be located on the same parcel as the poultry house to which it is an accessory use. If, however, a grower whose facilities were in operation prior to July 9, 1991, is unable to locate a site on the same parcel because of insufficient acreage or topographical hardship, then the Zoning Administrator, after consultation with the grower's engineer, may permit the storage site to be located on adjacent land owned by the grower; or if the grower has a valid agreement for off-site disposal, as provided for above, the Zoning Administrator may permit the storage site to be located on a parcel specified in the agreement for off-site disposal. A professional engineer registered in Virginia, a representative of the Lord Fairfax Soil and Water Conservation District or a representative of the United States Department of Soil Conservation Service shall certify that the site:

(1) Is out of all drainageways.

(2) Is protected from the elements.

(3) Has sufficient capacity to accommodate 100% of the waste produced by the poultry facility's operation on the parcel during the four consecutive months in which the maximum number of cleanouts of such poultry facilities may occur.

E. The nutrient management plan shall be reviewed and updated every five years by an agent of the Virginia Cooperative Extension Service or other appropriate agency and by the Zoning Administrator, or more frequently if the County or its agent documents that the grower is not complying with the nutrient management plan.

F. The provisions of this article notwithstanding, a poultry house permit approved by the County prior to the adoption of this chapter shall remain valid, as issued, on condition that all requirements set forth in the permit are met and construction is completed within 12 months from July 9, 1991.

 

§ 165-84. Zoning permit required.

A. All proposed poultry or hog house construction shall be approved by the County Planner/Zoning Administrator before any construction is begun. To obtain an approval of the County Planner/Zoning Administrator, a site plan, nutrient management plan and sedimentation and erosion control plan must be submitted to the County Planner/Zoning Administrator. Said approval of the County Planner/Zoning Administrator must be obtained regardless of whether or not a building permit is needed for said construction.

B. The site plan required in Subsection A shall be drawn upon a plat prepared and signed by a land surveyor licensed by the Commonwealth of Virginia certifying that the proposed poultry or hog facility meets all applicable setback requirements of this chapter. Said site plan shall also show:

(1) The location of the following:

(a) Existing and proposed buildings and structures on the subject parcel.

(b) The size of the parcel and size of proposed buildings and structures.

(c) Proposed entrances and access roads.

(d) Existing streams, rivers and sinkholes on the parcel.

(2) The approval signature by an official representative of the Virginia Department of Transportation.

 

§ 165-85. Nonconformities.

A. No intensive poultry or hog facility permitted under this chapter shall continue in operation if, after meeting requirements for obtaining a zoning permit, land is divided from the parcel on which the poultry or hog facility is located, such that the poultry or hog facility or the parcel no longer conforms to the requirements of this chapter.

B. Intensive poultry and hog facilities in operation as of November 8, 1994, that do not meet setback requirements herein may be improved by additional poultry or hog facilities, provided that:

(1) The additional facilities shall be located no closer than existing facilities to existing dwellings, schools, churches, nonagricultural uses, residential (R-1, R-2 or R-3) and commercial (B-1 or B-2) zones, town boundaries and designated growth areas.

(2) The grower shall obtain the consent of those landowners or towns that would have a setback reduced by the proposed facility improvement. Consent shall be evidenced by written formal agreement referencing both parcels by deed book reference, signed by both parties, notarized and recorded in the office of the Clerk of the Circuit Court with a copy provided to the Zoning Administrator at the time of recordation and prior to application for a zoning permit.

C. Replacement or reconfiguration of poultry or hog facilities that do not meet the requirements of this chapter, when such facilities have been destroyed or damaged by fire, wind, snow or other phenomena out of the control of the landowner, may be permitted, provided that:

(1) The replacement facilities may be located no closer than the facilities being replaced to existing dwellings, schools, churches, nonagricultural uses, residential (R-1, R-2 or R-3) and commercial (B-1 or B-2) zones, town boundaries and designated growth areas.

(2) Any additions to or expansions of facilities that replace facilities originally in operation as of November 8, 1994, shall meet the requirements of Subsection B of this section. [EN]24

 

ARTICLE XIA, Environmental Performance Standards [Added 11-26-1996 by Ord. No. 96-2]

§ 165-85.1. Stream buffers.

A. Definitions. [EN]25 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.

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) Septic drainfields. Septic drainfields meeting the standards of Article XVI, Floodplain Regulations, are permitted; provided, however, that encroachment in the buffer is minimized to the extent possible.

(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.

 

§ 165-85.2. On-site sewage disposal systems. [Added 6-25-2002 by Ord. No. 02-11]

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. [Added 11-26-2002 by Ord. No. 02-12]

D. All private sewage disposal systems shall be located entirely on the same parcel as the structure they serve, unless otherwise authorized by the Board of Supervisors. This amendment shall apply to all new lots created after December 12, 2006. [Added 12-12-2006 by Ord. No. 2006-14]

 

ARTICLE XII, Off-Street Parking and Loading

§ 165-86. Minimum off-street parking requirements.

A. There shall be provided, at the time of erection of any building or at the time any main building is enlarged, minimum off-street parking space with adequate provision for entrance and exit by automobiles as approved by the Department of Highways and Transportation. A parking space for one vehicle shall be a minimum of 200 square feet (10 feet by 20 feet).

B. In all residential districts there shall be provided, either in a private garage or on the lot, space for the parking of two automobiles for each dwelling unit in a new building, or each dwelling unit added in the case of the enlargement of an existing building, except that for multifamily dwellings designed and approved as housing for the elderly, the number of parking spaces may be reduced not to exceed a minimum of 1/2 space per dwelling unit to be approved as part of the site plan review.

C. Such space, as provided in Subsection A, shall be provided as follows:

(1) Churches, high schools, college and university auditoriums, and for theaters, general auditoriums, stadiums and other similar places of assembly: at least one parking space for every five fixed seats provided in said building.

(2) Hospitals: at least one parking space for each two beds' capacity, including infants' cribs and childrens' beds.

(3) Medical and dental offices: at least 10 parking spaces. Three additional parking spaces shall be furnished for each doctor or dentist in such offices in excess of three doctors or dentists.

(4) Fraternal lodges, hunting clubs and marinas: at least 25 parking spaces.

(5) Post offices: one parking space for each 50 boxholders, but not less than 10 spaces.

(6) Restaurants (except drive-ins): one parking space per table or booth, plus six for employees.

(7) Drive-in restaurants: one space for each 50 square feet of gross floor area.

(8) Tourist homes, rooming houses, boardinghouses, hotels and motels: on the lot parking space for one automobile for each guest room or residence unit, plus one additional space for each 10 guest rooms or residence units, required parking for any restaurant and/or assembly space, and one space for each employee on maximum shift.

(9) Nursing and convalescent homes: at least one parking space for each six beds.

(10) Shopping centers: see § 165-32.

(11) Funeral homes and mortuaries: one parking space for each four seats in chapels or parlors with fixed seats, and one parking space for each 100 square feet of floor area for assembly rooms without fixed seats for services, plus five parking spaces for employees in both instances noted above.

(12) Bowling alleys: five spaces for each lane.

(13) Roadside stand: at least five spaces.

(14) Office buildings and personal services establishments: one parking space for each 200 square feet of floor space occupied by the office of personal service.

(15) Industrial establishments or wholesale establishments, not selling directly to the public: one parking space for each employee computed on the basis of maximum number of individuals employed within an eight-hour shift, plus space to accommodate all trucks and other vehicles used in connection therewith.

(16) Any commercial building not listed above and hereafter erected, converted or structurally altered: one parking space for each 200 square feet of business floor space in the building.

(17) Bed-and-breakfasts: on-the-lot parking space for one automobile for each guest room, required parking for any restaurant and/or assembly space, and one space for each employee on maximum shift. [Added 1-22-2002 by Ord. No. 02-2]

D. Parking space as required in the foregoing shall be on the same lot with the main building, except that in the case of buildings other than dwellings, spaces may be located as far away as 600 feet. Every parcel of land hereafter used as a public parking area shall be surfaced with gravel, stone, asphalt or concrete. It shall have appropriate guardrails, parking blocks, etc., where needed as determined by the Administrator. Any lights used to illuminate said parking areas shall be so arranged as to reflect the light away from adjoining premises if in a residential district and/or from adjoining streets.

E. Parking spaces as required shall at no time be considered sufficient for any other use of the premises, and additional spaces shall be provided to meet requirements when there is any change to a different use.

F. Collective provisions of off-street parking facilities for two or more structures or uses is permissible, provided that the total number of parking spaces is at least equal to the sum of the minimum number of required spaces computed separately for each use. Collective parking is subject to all previously stated parking requirements. Before such spaces are collectively provided or used, a written agreement assuring their retention for parking purposes shall be drawn and executed by the parties concerned, approved by the Commonwealth's Attorney, and filed with the Zoning Administrator.

 

§ 165-87. Off-street loading requirements.

A. On the same premises with every building, structure or part thereof erected and occupied for uses involving the receipt or distribution of vehicles, materials or merchandise, there shall be provided and maintained adequate space for loading and unloading of service material in order to avoid interference with public use of the streets and alleys.

B. Such space or spaces shall be a minimum of 15 feet wide and 35 feet in length with a minimum clear height of 15 feet. Off-street truck loading space shall be provided at a rate of one space for the first 10,000 square feet or less gross floor area, plus a minimum of one additional space for each additional 40,000 square feet of gross floor area or part thereof. For the purpose of this section, gross floor area shall also include outdoor storage area, whether covered or uncovered.

 

ARTICLE XIII, Signs [Amended 6-8-1982; 3-8-1983; 11-14-1989; 8-13-1996; 5-25-1996 by Ord. No. 99-2; 4-24-2007 by Ord. No. 2007-07]

§ 165-88. Statement of intent.

A. It is the intent of this article to control signs and advertising so as to protect the public health, safety, convenience and general welfare by regulating existing and proposed outdoor advertising and outdoor signs of all types. It is intended to protect property values, create a more attractive economic business climate and enhance and protect the scenic and natural beauty of Shenandoah County.

B. It is further intended to protect the historic character of the County, to protect the safety of the traveling public and pedestrians, to promote the creation of an attractive and harmonious County creating a more desirable living environment, to ensure the equitable distribution of public and open space for the purpose of communication and to protect and enhance the attractiveness of Shenandoah County.

 

§ 165-88.1. Outdoor advertising.

No person shall post any sign, pennant, outdoor advertising sign, billboard or notice of any kind, or cause the same to be done, facing or visible from any public street or public open space, except as provided herein. All signs shall comply with the following provisions, and it shall be unlawful for any person to erect or maintain a sign which does not comply with the following provisions.

 

§ 165-89. Nonapplicability.

The following shall not be subject to these regulations:

A. Signs of a duly-constituted governmental body, including traffic or similar regulatory devices or warnings at railroad crossings.

B. Memorial tablets or signs.

C. Signs which are within a ball park or other similar private or public recreational use and which cannot be seen from a street or adjacent properties.

D. Flags, emblems of civic, charitable, educational or religious organizations, temporary in nature.

E. Signs displayed for the direction or convenience of the public, including signs which identify rest rooms, location of public telephones, freight entrances, no trespassing and posted signs or the like.

F. Signs directing traffic on private property but bearing no advertising matter, with a total surface area not exceeding eight square feet of each side per sign on any lot or parcel, and provided that no parts of such signs other than columns and supports shall be located between 3 1/2 and seven feet above grade, except that home businesses shall be limited to one such sign with a surface area not to exceed two square feet.

G. Signs placed by a public utility showing the location of underground facilities.

H. Temporary signs to include temporary yard sale signs, temporary real estate signs, temporary window signs or temporary construction signs, provided that no sign is displayed longer than seven days after the conclusion of the activity.

I. Signs indicating the names or addresses of the occupants of residences.

J. Commemorative plaques and historical markers.

 

§ 165-89.1. Signs prohibited.

The following types of signs and/or signs with any of the following characteristics shall be prohibited in all zoning districts:

A. Violates Virginia law. Any sign which violates any provision of the Laws of Virginia Relating to Outdoor Advertising, Title 33.1, Chapter 7.

B. Any sign which is located anywhere other than on the property or structure to which it directs attention or to which it is appurtenant, except any sign erected or maintained by or under the supervision of County or other governmental authority or the Virginia Department of Highways and Transportation, directional signs no more than four square feet in size used to provide direction to churches (limit three signs per church site), and any other sign which is specifically provided in this article.

C. Billboards. Any billboard or general advertising sign.

D. Animated, moving, rotating, flashing signs or appurtenances to signs which are nonstationary, except for time or temperature.

 

§ 165-90. Permitted signs.

Only signs described or otherwise provided for as follows and any signs allowed by the Virginia Department of Transportation shall be permitted. These signs shall be subject to such regulations as are specifically set forth in each case and to all other regulation in this article. Signs will be permitted in various Zoning districts as follows:

A. Conservation (C-1): [Amended 1-22-2002 by Ord. No. 02-2]

(1) Church bulletin boards and church identification signs, with a total surface area not exceeding 40 square feet.

(2) Directional signs, with a total surface area not exceeding four square feet.

(3) Home business signs, with a total surface area not exceeding two square feet. There shall not be more than one such sign per home business.

(4) Sign, only to advertise the sale or rental of the premises upon which the sign is erected, with a total surface area not to exceed 16 square feet.

(5) Identification signs, with a total surface area not exceeding 12 square feet.

(6) Residential subdivision identification signs (to include cluster housing developments, condominiums and multifamily uses). Such signage is bound by all other provisions of this article and will conform with the following criteria:

(a) One sign at each principal entrance is permitted, for the purpose of identifying a housing development or subdivision.

(b) All such signage shall be monument signs.

(c) Signs and the monument structures to which they are attached shall be set back at least 10 feet from public and private rights-of-way and shall not be situated in any manner that causes a traffic hazard.

(d) Each sign shall not exceed 20 square feet in area.

(e) The total area of all such signs, for each subdivision, shall not exceed 40 square feet.

(f) Sign height shall not exceed six feet.

(g) If the signage is illuminated, the lights shall be ground-mounted spotlights concealed by landscaping. The lights, lamps and bulbs shall not be visible and shall be directed away from any adjacent property, public right-of-way and private right-of-way.

(7) School signs, with a total surface area not to exceed 40 square feet. Only one sign is permitted per lot and shall be a monument sign, no taller than 6', and if illuminated, the lights shall be ground-mounted spotlights concealed by landscaping. (Adopted 4-22-08)

B. Agriculture (A-1):

(1) Any sign listed as permitted in Conservation District (C-1).

C. Residential districts (R-1, R-2, R-3): [Amended 1-22-2002 by Ord. No. 02-2]

(1) Any sign listed as permitted in Conservation District (C-1).

D. Business (B-1), Local Business:

(1) Any sign listed as permitted in Conservation District (C-1).

(2) Maximum permitted sign area. The aggregate area of all permanent signs located on a lot shall not exceed one square foot for each linear foot of building frontage. Total sign area, however, shall not exceed 150 square feet, provided that:

(a) In the case of a building having frontage on more than one street, permitted sign area shall be determined by the building frontage having the greatest dimension.

(b) On properties housing a maximum of two tenants, the total maximum allowable sign areas permitted will be prorated by frontage to each tenant.

(3) Freestanding sign. The total area of a freestanding sign shall not exceed 50 square feet in area. One freestanding sign is permitted per lot.

(4) The total square footage of signs, including both freestanding signs and business signs, shall not exceed 150 square feet.

(5) Maximum height. The height shall be no higher than the height of the building (from average grade) or the maximum height of the applicable zoning district, whichever is smaller.

(6) The minimum distance separating freestanding business signs shall be 50 feet.

(7) Business signs facing residential areas within or immediately adjacent to the B-1 Zoning District.

(a) Any sign erected within 100 feet of an existing residential use, lot or zoning district shall be nonilluminated.

(b) Signs over 100 feet from an existing residential use, lot or zoning district may be illuminated. If illuminated, ground-mounted spotlights shall be concealed by landscaping. The ground-mounted spotlights shall be directed away from any adjacent property, public right-of-way or private right-of-way.

E. Business (B-2), General Business (Highway):

(1) Any sign listed as permitted in Conservation District (C-1).

(2) Maximum permitted sign area. The aggregate area of all permanent signs located on a lot shall not exceed one square foot for each linear foot of building frontage, to a maximum of 250 square feet, provided that:

(a) In the case of a building having frontage on more than one street, permitted sign area shall be determined by the building frontage having the greatest dimension.

(b) On properties housing a maximum of two tenants, the total maximum allowable sign areas permitted will be prorated by frontage to each tenant.

(3) Freestanding sign. The total area of a freestanding sign shall not exceed 150 square feet in area One such freestanding sign is permitted per lot.

(4) The total square footage of signs, including both freestanding signs and business signs shall not exceed 250 square feet.

(5) Maximum height. The height shall be no higher than the height of the building (from average grade) or the maximum height of the applicable zoning district, whichever is smaller.

(6) The minimum distance separating freestanding business signs shall be 50 feet.

(7) Business signs facing residential areas within or immediately adjacent to the General Business (B-2) Zoning District.

(a) Any sign erected within 100 feet of an existing residential use, lot or zoning district shall be nonilluminated.

(b) Signs over 100 feet from an existing residential use, lot or zoning district may be illuminated If illuminated, ground-mounted spotlights shall be concealed by landscaping. The ground-mounted spotlights shall be directed away from any adjacent property, public right-of-way or private right-of-way.

(8) Shopping centers.

(a) A shopping center shall be permitted one freestanding or monument sign per major street frontage. A freestanding sign or monument sign shall display only the shopping center name and may include the names of the establishments within the shopping center.

[1] Maximum area. The total area of a freestanding or monument sign shall not exceed 150 square feet in area.

[2] Maximum height. The height shall be no higher than the height of the building (from average grade) or the maximum height of the applicable zoning district, whichever is smaller.

(b) Individual businesses in the shopping center may have building face signs (or wall signs) as provided for in Subsection E(9)(c)[1], [2], [3] and [4] of this section or specially designed signing consistent with the overall development plan for the shopping center and approved as a part of the site plan review process.

(c) Signage requirements for individual businesses within a shopping center.

[1] Signs within the shopping center. A building face sign shall be permitted, provided that the total area devoted to such sign or signs shall not exceed 10% of the area of the first story face of the unit or 60 square feet, whichever is smaller. Such signs shall be mounted flat against the building on the side measured above.

[2] Additional signs for buildings facing onto public rights-of-way or parking lots. When the same building faces onto public rights-of-way or parking lots on the rear or side of the building, a sign may be erected at the entrance on that side. The area devoted to such a sign shall not exceed 10% of the area of the first story face of the unit or a maximum of 60 square feet, whichever is smaller, and such sign must be mounted flat against the building.

[3] Logos, trademarks, murals, etc. Any logo, trademark, copyright or recognizable symbol pertaining to the use or business contained within the building painted on any face of the building shall be treated as a building face sign.

[4] Signs on entrance marquee or canopies. Signs on entrance marquees or canopies shall be allowed, provided that the total area of such signs if constructed alone or in combination with other buildings signs does not exceed the maximum allowable dimensions and square footage as set forth in Subsection E(9)(c)[1], [2] and [3] of this section.

F. Industrial (M-1), General Industrial, and Industrial (M-2), Limited Industrial.

(1) Signs for individual industrial activity on a single lot. A single business located on an industrially zoned lot may erect signs as follows:

(a) Maximum permitted sign area. The aggregate area of all permanent signs located on a lot shall not exceed one square foot for each linear foot of building frontage. Total sign area, however, shall not exceed 150 square feet, provided that:

[1] In the case of a building having frontage on more than one street, permitted sign area shall be determined by the building frontage having the greatest dimension.

[2] On properties housing a maximum of two tenants, the total maximum allowable sign areas permitted, as stated above, will be prorated by frontage to each tenant. Such signage is bound by all other provisions of this section.

(2) Freestanding sign. The total area of a freestanding sign shall not exceed 50 square feet in area. One freestanding sign is permitted per lot.

(3) The total square footage of signs, including both freestanding signs and business signs, shall not exceed 150 square feet.

(4) Industrial signs facing residential areas within the General Industrial (M-1) and Limited Industrial (M-2) Zoning Districts.

(a) Any sign erected within 100 feet of an existing residential use, lot or zoning district shall be nonilluminated.

(b) Signs over 100 feet from an existing residential use, lot or zoning district may be illuminated. If illuminated, ground-mounted spotlights shall be concealed by landscaping. The ground-mounted spotlights shall be directed away from any adjacent property, public right-of-way or private right-of-way.

(5) The minimum distance separating new from existing freestanding business signs or separating new freestanding business signs shall be 50 feet.

(6) Industrial parks.

(a) An industrial park shall be permitted one freestanding or monument sign per major street frontage and which shall display only the industrial park name.

[1] Maximum area. The total area of a freestanding or monument sign shall not exceed 150 square feet in area.

[2] Maximum height. The height shall be no higher than 35 feet.

(b) Directory sign. One monument sign shall be permitted per entrance and may include the names of the establishments within the industrial park.

[1] Maximum sign area: 60 square feet.

[2] Maximum height: 10 feet.

(c) Individual businesses in the industrial park may have a building face sign (or wall sign) as provided for in Subsection F(6)(d)[1], [2], [3] and [4] of this section or specially designed signing consistent with the overall development plan for the industrial park and approved as a part of the site plan review process.

(d) Signage requirements for individual businesses or companies within an industrial park.

[1] Signs within an industrial park or other business or manufacturing zones. In zones where business, industrial or manufacturing is permitted, a building face sign shall also be permitted. The area devoted to such signs shall not exceed 10% of the area of the first story face of the unit or 100 square feet, whichever is smaller. Such signs shall be mounted flat against the building on the side measured above.

[2] Additional signs for buildings facing onto public rights-of-way or parking lots. When the same building faces onto public rights-of-way or parking lots on the rear or side of the building, a sign may be erected at the entrance on that side. The area devoted to such a sign shall not exceed 10% of the area of the first story face of the unit or a maximum of 60 square feet, whichever is smaller, and such sign must be mounted flat against the building.

[3] Logos, trademarks, murals, etc. Any logo, trademark, copyright or recognizable symbol pertaining to the use or business contained within the building painted on any face of the building shall be treated as a building face sign (or wall sign).

[4] Signs on entrance marquee or canopies. Signs on entrance marquees or canopies shall be allowed, provided that the total area of such signs if constructed alone or in combination with other buildings signs does not exceed the maximum allowable dimensions and square footage as set forth in Subsection F(6)(d)[1], [2] and [3] of this section.

 

§ 165-91. Setback requirements.

Signs shall be located that distance from the street right-of-way as required under Chapter 7, Title § 33.1, of the Code of Virginia; provided, however, that signs shall not be placed in nor overhang the street right-of-way nor cause any safety hazard. In addition, freestanding or ground-mounted signs within Local Business (B-1), General Business (B-2), General Industrial (M-1) and Limited Industrial (M-2) Zoning Districts shall be setback at least 10 feet from front setback lot lines or front property boundary lines. Signs that are attached to buildings shall meet the required setbacks for the respective zoning district.

 

§ 165-92. Height.

No sign shall be extended above the height of the building (from average grade) or the maximum height of the applicable zoning district, whichever is smaller, unless specifically stated otherwise herein.

 

§ 165-93. Signs at intersections.

Except for authorized traffic signs, no sign shall be erected at the intersection of any streets in such a manner as to create a traffic hazard by obstructing vision or at any location where it may interfere with, obstruct the view of or be confused with any authorized traffic sign.

 

§ 165-94. Nonconforming signs.

Any sign lawfully in existence at the time of the effective date of this chapter may be maintained although it does not conform with the provisions of this chapter. Such nonconforming signs shall comply in all respects with the requirements of Article IV relating to nonconforming uses.

 

§ 165-95. Permit required.

A sign shall be deemed a structure and therefore each sign shall require a zoning and building permit. For all signs requiring a permit from the Virginia Department of Transportation pursuant to § 33.1-360 of the Code of Virginia, evidence of receipt of such permit shall be provided to the Zoning Administrator prior to obtaining a Shenandoah County zoning permit for such sign.

 

§ 165-96. Signs attached to buildings.

Signs attached to new or existing buildings shall conform to the sign regulations for their respective zoning districts.

 

§ 165-96.1. Farm signs.

Signs displayed on any farm by the owner or other operator thereof for the purpose of identifying such farm or advertising solely the products thereof shall be allowed. No single sign shall exceed 20 square feet in area. The total area of all such signs shall not exceed 40 square feet. Only one sign shall be allowed on each road abutting the aforementioned uses. The height is not to exceed 10 feet.

 

§ 165-96.2. Identification signs.

No single sign shall exceed 12 square feet in area for the purpose of showing the name and use of a convent, monastery, seminary, country club, sanitarium, cemetery, nursing home, assisted living facility, children's home, orphanage, fraternal organization, hospital or other similar establishment when such is permitted on the property and such sign is erected or displayed on the property as identified. Such signage is bound by all other provisions of this section and shall conform with the following additional criteria:

A. Only one sign allowed on each road abutting the aforementioned uses.

B. The total area of all such signs shall not exceed 24 square feet.

C. The height is not to exceed 10 feet.

D. If illuminated, the lights shall be ground-mounted spotlights concealed by landscaping. The lights, lamps or bulbs shall not be visible and shall be directed away from any adjacent property or public or private right-of-way.

 

§ 165-96.3. Construction and maintenance standards.

A. Building Code and Virginia Department of Transportation Compliance. All permanent signs shall be constructed in compliance with the Virginia Uniform Statewide Building Code and the regulations as set forth by the Virginia Department of Transportation Development and Construction Standards.

B. Conditions of signs. All signs and structural components shall be maintained in full repair and in attractive condition.

C. Repair or removal of signs. Any sign declared by the County Building Official to be a hazard to life or property may be ordered to be repaired or removed. All costs for repair or removal will be charged to the owner of the premises.

D. Removal of obsolete signs. If a sign advertises a business or activity that is no longer being operated or conducted or if a directional sign refers to a location where the advertised activities no longer exist, that sign shall be considered to be obsolete and shall be removed by the owner. Such signs will be removed within 30 days of discovery of being discontinued or obsolete. All costs of removal will be charged to the owner of the premises.

 

ARTICLE XIV, Site Plan Review

§ 165-97. Uses requiring site plan approval.

A. For the purpose of assuring good arrangement, appearance and harmony with the surrounding uses and compliance with the objectives of the Shenandoah County Comprehensive Plan, site plans for certain uses shall be submitted to and reviewed by the Zoning Administrator and by the Planning Commission before a zoning permit shall be issued. Approval by the Board of Supervisors is required for uses needing a special permit.

B. Site plans shall be required for the following uses:

(1) Mobile home parks.

(2) Shopping centers.

(3) Multiple-family dwellings (apartments).

(4) Townhouses.

(5) Schools, churches and other public buildings.

(6) Offices and/or industrial parks.

(7) Hotels and motels.

(8) Business and industrial buildings, if the building is to contain a floor area of more than 5,000 square feet.

(9) Hospitals, nursing homes, convalescent homes.

(10) Cluster housing development. [Amended 7-7-1987]

(11) Motor vehicle impoundment lot. [Amended 11-11-1987]

(12) Retail greenhouse and nursery operations. [Amended 9-10-1991]

(13) Telecommunications towers. [Added 5-23-2000 by Ord. No. 00-6]

(14) Self-service storage facilities. [Added 11-27-2001 by Ord. No. 01-8]

(15) Corporate training centers. [Added 11-25-2003 by Ord. No. 2003-7]

(16) Country inns. [Added 11-25-2003 by Ord. No. 2003-7]

(17) Rural resorts. [Added 11-25-2003 by Ord. No. 2003-7]

(18) Large Scale Wind Energy Facilities and Utility Scale Wind Energy Facilities as provided in Article XXI. [Added 5-25-10]

 

§ 165-98. Preliminary site plans.

A. The preliminary site plans shall be clearly drawn to a scale of not more one inch equals 200 feet on paper at least 12 inches by 24 inches and shall show the following:

(1) The proposed title of the project and the name of the engineer, architect or landscape architect and the developer.

(2) The North point, scale and date.

(3) Existing zoning and zoning district boundaries on the property and immediately surrounding properties.

(4) Present use of the property and all abutting properties.

(5) The boundaries of the properties involved, County or municipal boundaries, the general location of all existing easements and property lines, existing streets, buildings or waterways, major tree masses and other physical features in or adjoining the project.

(6) Topography of the project area with contour intervals of two feet or less, unless waived by the Administrator as clearly unnecessary to a review of the project or proposal.

(7) The approximate location and sizes of sanitary and storm sewers, water mains, culverts and other underground structures, existing and planned, in or near the project. Other provisions for the disposition of stormwater shall also be shown where necessary.

(8) Proposed changes in zoning, if any.

(9) The general location and character of construction of proposed streets, alleys, driveways, curb cuts, entrances and exits, loading areas (including number of parking and loading spaces), outdoor lighting systems, storm and sanitary sewer facilities.

(10) The general location of proposed lots, setback lines and easements and proposed reservations for parks, playgrounds, school sites and open spaces.

(11) Location and character of all proposed buildings with respect to each other and to lot lines or major excavations and approximate height of main and accessory buildings. The location should be drawn to scale, but full dimensioning is not required on the preliminary plan.

(12) General location, height and material of all fences, walls, planting screen and landscaping.

(13) General location, character, size and height and orientation of proposed signs.

(14) A tabulation of total number of acres in the project, and the percentage thereof proposed to be devoted to dwelling types, commercial uses, other uses, off-street parking, streets, parks, schools and other reservations.

(15) A tabulation of the total number of dwelling units of various types in the project and the overall dwelling units per acre.

B. The Zoning Administrator or Planning Commission may establish additional requirements for preliminary site plans, and in special cases, may waive a particular requirement if, in its opinion, the inclusion of that requirement is not essential to a proper decision on the project.

 

§ 165-99. Procedure.

A. Five copies of the site plan, both preliminary and final, shall be submitted to the Administrator. The Administrator shall circulate the plan to the relevant departments, boards and Planning Commission for written comments, and request the applicant to appear at the next Planning Commission meeting. The Planning Commission shall notify the applicant of the action taken.

B. Site plans for Planning Commission review shall be submitted to the Administrator by the submission deadline for the next Planning Commission meeting as specified in the Commission's adopted schedule of application submission deadlines. [Amended 4-11-1995]

C. The final site plan shall be considered approved unless the Planning Commission and Board of Supervisors, when required, act within 60 days from the date of submission of the final site plan.

D. The final site plan shall comply with all regulations governing the approval of subdivisions and in addition shall show all of the features required on the preliminary site plans with sufficiently accurate dimensions and construction specifications to support the issuance of a zoning permit.

E. For uses requiring a special permit for which a site plan has been submitted:

(1) The Planning Commission shall review all preliminary plans submitted to them and shall submit these plans, with recommendations thereon, to the Board of Supervisors for approval. The Board of Supervisors shall have the power of approval or disapproval of these plans.

(2) Public hearings, as required by the Code of Virginia, as amended, shall be advertised and held.

(3) Upon approval of the preliminary plan, the developer shall submit, within not more than one calendar year, unless otherwise extended by the governing body, a final development plan to the Administrator to be forwarded to the Planning Commission for its review and recommendations.

(4) The Planning Commission shall determine that each stage of all of the final development plan conforms to the intent of the preliminary plan. The Commission, having reviewed the final development plan for any and all stages of the development and finding that it is in compliance with the intent of the preliminary plan shall present its recommendations to the governing body.

(5) Upon approval of the final plan by the Board of Supervisors, a zoning permit shall be issued by the Administrator, and construction shall begin in accordance with the approved plan.

 

§ 165-100. Site plan termination or extension.

An approved final site plan shall expire and become null and void if no building permit has been obtained for the site within 12 months after approval.

 

§ 165-101. Amendments to approved site plan.

If it becomes necessary for an approved site plan to be changed, the Administrator shall at the applicant's request either administratively approve an amendment to the site plan; or, if the change is major, require that a new site plan be drawn and submitted to review and action in accordance with § 165-99.

 

ARTICLE XV, Administration and Enforcement

§ 165-102. Zoning Administrator.

A. A Zoning Administrator shall be appointed by the Board of Supervisors to administrator and enforce this chapter. He shall have such duties as are conferred on him by this chapter and the Code of Virginia, as amended. The Zoning Administrator may also hold another office in the County.

B. The Zoning Administrator shall have all necessary authority on behalf of the governing body to administer and enforce this chapter, including the ordering and writing of the remedying of any conditions found in violation of this chapter, and the bringing of legal action to ensure compliance with this chapter, including an injunction, abatement or other appropriate action or proceedings. [Amended 5-12-1987; 9-23-1997 by Ord. No. 97-7]

 

§ 165-103. Fees. [Amended 9-12-1989; 1-22-2002 by Ord. No. 02-2]

The governing body shall establish, by resolution, a schedule of fees, charges, expenses and collection procedures for the review of rezoning and text amendment requests, special use permit applications, zoning applications and site plans. Such fees shall be displayed in the office of the Zoning Administrator. Fees shall not be charged for farm structures, reconstruction that does not change the setbacks or height of the building, alterations that do not change the setbacks or height of the building, and relocation of accessory structures within the same parcel.

 

§ 165-104. Zoning permits.

A. Permit required. A zoning permit is required for any change of the use of land or building or the construction of a new building or the reconstruction, enlargement or alteration of an existing building, except that fences, driveways, sidewalks, roof coverings, siding, shutters, doors, gutters and downspouts, interior remodeling, interior and exterior painting, uncovered steps, and uncovered handicapped ramps shall not require permits. [Amended 1-22-2002 by Ord. No. 02-2]

B. Application. [Amended 3-27-2001 by Ord. No. 01-2] [Amdended 4-2011 by Ord. No.]

(1) Application for permits shall be submitted to the Zoning Administrator on forms provided by the Administrator. Such application may be made at the same time and on the same form as the building permit.

(2) An adequately dimensioned drawing shall accompany all applications:

(a) For the structures and uses listed in § 165-97B, site plan approval is required as per Article XIV.

(b) On lots of 1.5 acres in size or less, all new primary structures shall require a plat prepared by a surveyor licensed in the Commonwealth of Virginia certifying the location of the foundation footer and all proposed structural projections above the foundation and containing a certificate of approval by the Zoning Administrator. 

On lots over 1.5 acres, when a primary structure is to be located within 20’ of any setback line, a plat showing the distance of the foundation footer to the nearest property line shall be prepared as described above. 

On lots in subdivisions with an underlying grading plan, a plat prepared by a surveyor certifying the location of the foundation wall and all proposed structural projections above the foundation may be submitted in lieu of a plat showing the location of the foundation footer.  The foundation wall survey may serve as the as-built for Erosion & Sediment control if it meets the requirements of §87-4.B.(2)(a) of the Shenandoah County Code. 

If all setback and yard requirements have been met, the Administrator shall mark the plat approved and shall forward a copy of the plat to the Building Official in order for the building inspection process to continue.   If the plat is disapproved, the Administrator shall give the property owner a written basis for the rejection. 

(c) For all other structures and uses, an uncertified but adequately dimensioned site plan is required. Plats can be used if they show the required information. The site plan shall show the following:

[1] The location of any public and private roads, rights-of-way, driveways, streams, creeks, rivers, and other significant features adjoining, within, or running through said parcel of land.

[2] The location of all existing and proposed structures in relation to property lines, public and private roads, rights-of-way, driveways, streams, creeks, and rivers adjoining or running through said parcel of land.

(3) The permit application shall be acted upon within 30 days from the date of the application. In case of refusal, the applicant shall be informed that he can appeal to the Board of Zoning Appeals. If the proposed building and/or use meets the standards in this chapter, a permit shall be issued to the applicant by the Administrator.

C. Expiration. A zoning permit shall expire six months after the date of issuance, if work described in any permit has not yet begun. If work has begun within this period, said permit shall expire two years from the date of issuance. The Administrator shall have the power to extend the time limit of a zoning permit for an additional period not to exceed two years.

 

§ 165-105. Certificate of occupancy.

A certificate of occupancy shall be applied for at the same time as the zoning permit. Such a certificate shall be issued after the building or the proposed activity or the use of the land complies with the provisions of this chapter.

 

§ 165-106. Special use permit. [Amended 12-27-1979; 6-8-1982]

A. Where uses are permitted by special permit, the location and beginning of such uses shall require, in addition to the zoning permit and certificate of occupancy, a special use permit. These permits shall be subject to such conditions as required in this chapter and those that the Board of Supervisors deems necessary to carry out the intent and general purpose of this chapter. The review needed to obtain this permit will ensure that the use will not have a harmful effect on the surrounding area. The effects of each use will be studied and conditions set to reduce any problems due to the operation or type of use being studied.

B. Application for such permit shall be made to the Administrator and shall be accompanied by a preliminary site plan as set forth in § 165-98. A public hearing in accordance with § 15.2-2204 of the Code of Virginia, as amended, shall be held, and Planning Commission review shall be obtained. In addition to the public hearing being advertised, written notice shall be mailed by the Zoning Administrator at least five days prior to the hearing to the owner or owners, their agent or the occupant of each parcel abutting the property and parcels immediately across the road from the parcel for which the special use permit is requested, except that if there are more than 25 such abutting parcels or parcels across the road, such written notice shall not be required.

C. Such permits shall be issued in accordance with the following regulations:

(1) Such permit may be granted subject to additional reasonable conditions and safeguards as may be deemed by the Board of Supervisors to be advisable and appropriate.

(2) Such use shall not adversely affect the character of the zoning district, nor the conservation of property values, nor the health and safety of residents or workers on adjacent properties and in the general neighborhood.

(3) Such use shall be of such size and so located and laid out in relation to its access streets that vehicular and pedestrian traffic to and from such use will not create undue congestion or hazards prejudicial to the general neighborhood. [EN]26

D. No application for a special use permit shall be considered by the Board of Supervisors within one year from the date that an application for the same or substantially the same use on the same parcel of land was denied. [Added 8-23-2005 by Ord. No. 2005-10]

 

§ 165-107. Board of Zoning Appeals.

In accordance with § 15.2-2308, Code of Virginia, as amended, a Board of Zoning Appeals consisting of five residents of the County shall be appointed by the Circuit Court of Shenandoah County. One of the five appointed members may be a member of the Planning Commission. Any member of the Board shall be disqualified to act upon a matter before the Board with respect to property in which the member has a legal interest. The Board shall choose annually its own Chairman and Vice Chairman who shall act in the absence of the Chairman.

 

§ 165-108. Powers and duties of the Board of Zoning Appeals. [Amended 9-23-1997 by Ord. No. 97-7]

The Board of Zoning Appeals shall have the following powers and duties:

A. To hear and decide appeals from any order, requirement, decision or determination made by an administrative officer in the administration or enforcement of this chapter or of any ordinance adopted pursuant hereto.

B. To authorize upon appeal or original application in specific cases such variance as defined in § 15.2-2201 of the Code of Virginia from the terms of this chapter as will not be contrary to the public interest, when, owing to special conditions a literal enforcement of the provisions will result in unnecessary hardship, provided that the spirit of the chapter shall be observed and substantial justice done, as follows:

(1) When a property owner can show that his property was acquired in good faith and where by reason of the exceptional narrowness, shallowness, size or shape of a specific piece of property at the time of the effective date of this chapter, or where by reason of exceptional topographic conditions or other extraordinary situation or condition of such piece of property, or of the condition, situation or development of property immediately adjacent thereto, the strict application of the terms of this chapter would effectively prohibit or unreasonably restrict the utilization of the property, or where the Board is satisfied, upon the evidence heard by it, that the granting of such variance will alleviate a clearly demonstrable hardship approaching confiscation, as distinguished from a special privilege or convenience sought by the applicant, provided that all variances shall be in harmony with the intended spirit and purpose of this chapter.

(2) No such variance shall be authorized by the Board unless it finds:

(a) That the strict application of this chapter would produce undue hardship.

(b) That such hardship is not shared generally by other properties in the same zoning district and the same vicinity.

(c) That the authorization of such variance will not be of substantial detriment to adjacent property and that the character of the district will not be changed by the granting of the variance.

(3) No such variance shall be authorized except after notice and hearing as required by § 15.2-2204 of the Code of Virginia. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the Board may give such notice by first-class mail rather than by registered or certified mail.

(4) No variance shall be authorized unless the Board finds that the condition or situation of the property concerned is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to this chapter.

C. To hear and decide appeals from the decision of the Zoning Administrator. No such appeal shall be heard except after notice and hearing as provided by § 15.2-2204 of the Code of Virginia. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the Board may give such notice by first-class mail rather than by registered or certified mail.

D. To hear and decide applications for interpretation of the district map where there is any uncertainty as to the location of a district boundary. After notice to the owners of the property affected by any such question, and after public hearing with notice as required by § 15.2-2204 of the Code of Virginia, the Board may interpret the map in such way as to carry out the intent and purpose of this chapter for the particular section or district in question. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the Board may give such notice by first-class mail rather than by registered or certified mail. The Board shall not have the power to change substantially the locations of district boundaries as established by ordinance.

E. No provision of this section shall be construed as granting any Board the power to rezone property.

F. To hear and decide applications for special exceptions as may be authorized in this chapter. The Board may impose such conditions relating to the use for which a permit is granted as it may deem necessary in the public interest, including limiting the duration of a permit, and may require a guaranty or bond to ensure that the conditions imposed are being and will continue to be complied with. No special exception may be granted except after notice and hearing as provided by § 15.2-2204 of the Code of Virginia. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the Board may give such notice by first-class mail rather than by registered or certified mail.

G. To revoke a special exception if the Board determines that there has not been compliance with the terms or conditions of the permit. No special exception may be revoked except after notice and hearing as provided by § 15.2-2204 of the Code of Virginia. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the Board may give such notice by first-class mail rather than by registered or certified mail.

 

§ 165-109. Rules and regulations.

A. The Board of Zoning Appeals shall adopt such rules and regulations as it may consider necessary.

B. The meeting of the Board shall be held at the call of its Chairman or at such times as a quorum of the Board may determine. All meetings of the Board shall be open to the public. A quorum shall be at least three members. A favorable vote of three members of the Board shall be necessary to reverse any order, requirement, decision or determination of any administrative official or to decide in favor of the application on any matter upon which the Board is required to pass.

C. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact. It shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record.

 

§ 165-110. Appeal to the Board of Zoning Appeals.

An appeal to the Board may be taken by any person aggrieved or by any office, department, board or bureau of the County or municipality affected by any decision of the Zoning Administrator. Such appeal shall be taken within 30 days after the decision appealed from by filing with the Zoning Administrator and with the Board a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed was taken. An appeal shall stay all proceedings in furtherance of the action appealed unless the Zoning Administrator certifies to the Board that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order granted by the Board or by a court of record on application and on notice to the Zoning Administrator and for good cause shown.

 

§ 165-111. Appeal procedure. [Amended 9-12-1989; 9-23-1997 by Ord. No. 97-7]

Appeals shall be mailed to the Board of Zoning appeals, care of the Zoning Administrator, and a copy of the appeal mailed to the Secretary of the Planning Commission. A third copy should be mailed to the individual official, department or agency concerned, if any. The County Planning Commission may send a recommendation to the Board of Zoning Appeals or appear as a party at the hearing. Appeals shall be accompanied by a certified check made payable to the Treasurer, Shenandoah County, for the appropriate fee as listed in Chapter A170, Fees.

 

§ 165-112. Public hearing. [Amended 9-23-1997 by Ord. No. 97-7]

The Board shall fix a reasonable time for the hearing of an application or appeal, give notice thereof as well as due notice to the properties in interest and decide the same within 90 days. In exercising its powers, the Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination of an administrative officer or decide in favor of the applicant on any matter upon which it is required to pass under this chapter or effect any variance from the ordinance.

 

§ 165-113. Appeal of the decision of Board of Zoning Appeals.

A. Any person or persons jointly or individually aggrieved by any decision of the Board of Zoning Appeals, or any taxpayer or any officer, department, board or bureau of the County or municipality, may present to the Circuit Court of the County a petition specifying the grounds on which aggrieved within 30 days after the filing of the decision in the office of the Board.

B. Upon the presentation of such petition, the Court shall allow a writ of certiorari to review the decision of the Board of Zoning Appeals. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the Court may, on application, on notice to the Board and on due cause shown, grant a restraining order.

C. The Board of Zoning Appeals shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.

D. If, upon the hearing, it shall appear to the Court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a commissioner to take such evidence as it may direct and report the same to the Court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the Court shall be made.

 

§ 165-114. Amendments. [Amended 9-12-1989]

A. The regulations, standards and boundaries established in this chapter may, from time to time, be amended by the Board of Supervisors, provided that:

(1) The Planning Commission shall hold at least one public hearing on such proposed amendment after notice as required by law. Such public hearing may be held jointly with the Supervisors as its public hearing.

(2) Before approving and adopting any amendment, the Supervisors shall hold at least one public hearing thereon, pursuant to public notice as required by law after which the governing body may make appropriate changes or corrections in the proposed amendments; provided, however, that no additional land may be zoned to a more intensive use classification than was contained in the public notice without an additional public hearing after notice required by law. An affirmative vote of at least a majority of the members of the governing body shall be required to amend this chapter.

B. To apply for rezoning, the applicant must complete a form which can be obtained in the Zoning Administrator's office. This form will show where the property is located, identify the intent of the applicant and provide other necessary information for review and advertisement. In addition, three copies of a certified plat of the property proposed for rezoning shall be submitted to the Administrator along with a legal description of the property. A vicinity map shall also be submitted showing land use surrounding the property within 500 feet, existing zoning of the tract and abutting lots, an indication of the availability of water and sewer facilities and principal highway access to the property.

C. All applications for rezonings or special use permits shall be accompanied by a complete disclosure of the equitable ownership of the real estate to be affected, including in the case of corporate ownership, the name of the stockholders, officers, and directors, and in any case, the names and addresses of all the real parties in interest. However, the requirement of listing of names of stockholders, officers, and directors shall not apply to a corporation: i) whose stock is traded on a national or local stock exchange; and ii) which has more than 500 shareholders. [Added 11-22-2005 by Ord. No. 2005-12]

D. All applications for rezonings or special use permits shall contain a disclosure, sworn to under oath before a notary public or other official before whom oaths may be taken, stating whether or not any members of the Shenandoah County Planning Commission or Board of Supervisors has any interest in such property, either individually, by ownership of stock in a corporation owning such land, partnership, as the beneficiary of a trust, or the settlor of a revocable trust or whether a member of the immediate household of any member of the Planning Commission or Governing Body has any such interest. [Added 11-22-2005 by Ord. No. 2005-13]

No application for a rezoning shall be considered by the Board of Supervisors within one year from the date that an application for the same or substantially the same request on the same parcel of land was denied. [Amended 4-25-2006]

 

§ 165-115. Conditional zoning. [Amended-23-1993]

A. Any applicant for a Zoning Map amendment (rezoning) may, as part of his application, proffer in writing reasonable conditions, prior to the public hearing before the Planning Commission and governing body, provided that: [Amended 2-24-2004 by Ord. No. 2004-03]

(1) The rezoning itself must give rise for the need for the conditions.

(2) Such conditions shall have a reasonable relation to the rezoning.

(3) All such conditions are in conformity with the County's Comprehensive Plan.

B. Proffer statement.

(1) Any proffered conditions shall be set forth with clarity and specificity in a proffer statement, which shall follow this format:

(2) Any revision to the proffer statement shall be submitted in the same format, with a new date, and shall include at the end of the statement the following:

C. The governing body, when acting on an application for a Zoning Map amendment, may adopt as a part of the Zoning Map the proffered conditions in whole or in part, as set forth by the applicant. Once adopted by the governing body, such proffered conditions shall be binding on the use and development of the property, and shall continue in full force and effect until a subsequent amendment changes the zoning on the property covered by such conditions; provided, however, that such conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance and/or map.

D. Proffered conditions adopted by the governing body shall be in addition to the regulations provided for the zoning district by the text of this chapter, and shall not provide for altering the standards of this chapter except when specifically authorized in this chapter.

E. Enforcement of conditions. The Zoning Administrator shall keep records of all conditions attached to rezoning, which shall be readily accessible to the public. The Zoning Map shall show by appropriate symbol the existence of conditions accepted for rezonings. In addition, the Zoning Administrator shall maintain a conditional zoning index which shall be provided for ready access to the conditions created. Failure to meet all conditions shall constitute cause to deny the issuance of building or occupancy permits. The Zoning Administrator shall enforce the conditions attached to the rezoning using the following means:

(1) The ordering in writing of the remedy of any noncompliance with such conditions.

(2) The bringing of legal action to ensure compliance with such conditions, including injunction, abatement or other appropriate actions.

F. The County may require a guaranty, satisfactory to the Board of Supervisors, in an amount sufficient for the construction of any improvements required by the conditions or a contract for the construction of such improvements. The applicant's guaranty shall be reduced or released by the County upon the completion of the improvements.

G. If proffered conditions include the dedication of real property or the payment of cash (collectively a "proffered contribution"): [Added 2-24-2004 by Ord. No. 2004-03]

(1) The proffered conditions must provide for the disposition of such proffered contribution in the event it is not used for the purpose for which it was proffered.

(2) No cash or property shall transfer to the County until the facilities for which the proffered contribution was offered have been included in the County's capital improvement program; provided, however, that this provision shall not prevent the County from accepting proffered conditions which are not normally included in a capital improvement program.

 

§ 165-116. Conformity to chapter required.

All departments, officials and employees of the County which have the duty or authority to issue permits or licenses shall conform to the provisions of this chapter. They shall issue permits for uses, buildings or purposes only when they are in harmony with the provisions of this chapter. Any such permit, if issued in conflict with the provisions of this chapter, shall be null and void.

 

§ 165-117. Violations and penalties. [Amended 9-23-1997 by Ord. No. 97-7; 11-26-2002 by Ord. No. 02-12]

Any person, corporation or other entity violating, causing or permitting the violation of any of the provisions of this chapter shall be guilty of a misdemeanor punishable by a fine of not less than $10 nor more than $1,000. If the violation is uncorrected at the time of the conviction, the court shall order the violator to abate or remedy the violation in compliance with this chapter, within a time period established by the court. Failure to remove or abate a zoning violation within the specified time period shall constitute a separate misdemeanor offense punishable by a fine of not less than $10 nor more than $1,000, and any such failure during any succeeding ten-day period shall constitute a separate misdemeanor offense for each ten-day period punishable by a fine of not less than $100 nor more than $1,500.

 

§ 165-118. Permits issued prior to adoption.

Nothing contained herein shall require any change in the plans or construction of any building or structure for which a permit was granted prior to the effective date of this chapter. However, such construction must commence within 30 days after this chapter becomes effective. If construction is discontinued for a period of six months or more, further construction shall be in conformity with the provisions of this chapter for the district in which the operation is located.

 

ARTICLE XVI, Floodplain Regulations [Added 5-14-1991]

§ 165-119. Purpose.

The purpose of these provisions is to prevent the loss of life and property, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:

A. Regulating uses, activities and development which, alone or in combination with other existing or future uses, activities and development, will cause unacceptable increases in flood heights, velocities and frequencies.

B. Restricting or prohibiting certain uses, activities and development from locating within districts subject to flooding.

C. Requiring all those uses, activities and developments that do occur in flood-prone districts to be protected and/or floodproofed against flooding and flood damage.

D. Protecting individuals from buying land and structures which are unsuited for intended purposes because of flood hazards.

 

§ 165-120. Applicability.

These provisions shall apply to all lands within the jurisdiction of Shenandoah County and identified as being in the one-hundred-year floodplain by the Federal Insurance Administration.

 

§ 165-121. Compliance and liability.

A. No land shall hereinafter be developed nor shall a structure be located, relocated, constructed, reconstructed, enlarged or structurally altered except in full compliance with the terms and provisions of this article and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this article.

B. The degree of flood protection sought by the provisions of this article is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This article does not imply that districts outside the floodplain district, or that land uses permitted within such district, will be free from flooding or flood damages.

C. This article shall not create liability on the part of Shenandoah County or an officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder.

 

§ 165-122. Abrogation and greater restrictions.

This article supersedes any ordinance currently in effect in flood-prone districts. However, any underlying ordinance shall remain in full force and effect to the extent that its provisions are more restrictive than this article.

 

§ 165-123. Violations and penalties.

A. Any person who fails to comply with any of the requirements or provisions of this article or direction of the Zoning Officer or any other authorized employee of Shenandoah County shall be guilty of a misdemeanor of the first class and subject to the penalties therefor.

B. In addition to the above penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this article. The imposition of a fine or penalty for any violation of, or noncompliance with, this article shall not excuse the violation or noncompliance to permit it to continue; and all such persons shall be required to correct or remedy such violations or noncompliance within a reasonable time. Any structure constructed, reconstructed, enlarged, altered or relocated in noncompliance with this article may be declared by the Board of Supervisors to be a public nuisance and abatable as such. Flood insurance may be withheld from structures constructed in violation of this article.

 

§ 165-124. Definitions.

As used in this article, the following terms shall have the meanings indicated:

BASE FLOOD ELEVATION (BFE) -- The Federal Emergency Management Agency (FEMA) designated one-hundred-year water surface elevation. [Added 5-28-2002 by Ord. No. 02-5]

BASE FLOOD/ONE-HUNDRED-YEAR FLOOD -- A flood that, on the average, is likely to occur once every 100 years (i.e., that has a one-percent chance of occurring each year, although the flood may occur in any year).

BASEMENT -- Any area of the building having its floor subgrade (below ground level) on all sides. [Added 6-24-2003 by Ord. No. 2003-3]

BOARD OF ZONING APPEALS -- The Board appointed to review appeals made by individuals with regard to decisions of the Zoning Administrator in the interpretation of this article.

DEVELOPMENT -- Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, the placement of manufactured homes, streets and other paving utilities, filling, grading, excavation, mining, dredging, drilling operations or storage of equipment or materials.

ENHANCED FLOW DISTRIBUTION -- The initiation of the effluent flow to the on-site sewage disposal system distribution box by pump or siphon for the purpose of ensuring more uniform flow splitting to percolation lines. [Added 10-11-1994]

FLOOD -- A general and temporary inundation of normally dry land areas.

FLOODPLAIN -- A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation; an area subject to the usual and rapid accumulation or runoff of surface water from any source.

FLOOD-PRONE AREA -- Any land area susceptible to being inundated by water from any source.

FLOODWAY -- The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the one-hundred-year flood without cumulatively increasing the water surface elevation more than one foot. [Amended 5-28-2002 by Ord. No. 02-5]

HISTORIC STRUCTURE -- Any structure that is:

A. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

C. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(1) By an approved state program as determined by the Secretary of the Interior; or

(2) Directly by the Secretary of the Interior in states without approved programs.

LOWEST FLOOR -- The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render structures in violation of the applicable nonelevation design requirements of Federal Code 44 CFR 60.3. [Added 6-24-2003 by Ord. No. 2003-3]

MANUFACTURED HOME -- A structure subject to federal regulations which is transportable in one or more sections; is eight body feet or more in width and 40 body feet or more in length in the traveling mode, or is 320 or more square feet when erected on site; it is built on a permanent chassis; is designed to be used as a single-family dwelling, with or without a permanent foundation when connected to the required facilities; and includes the plumbing, heating, air-conditioning and electrical systems contained in the structures.

NEW CONSTRUCTION -- For the purpose of determining insurance rates, structures for which the start of construction commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the start of construction commenced on/or after the effective date of a floodplain management regulation adopted by a community, and includes any subsequent improvements to such structures.

RECREATIONAL VEHICLE -- A vehicle which is:

A. Built on a single chassis.

B. Four hundred square feet or less when measured at the largest horizontal projection.

C. Designed to be self-propelled or permanently towable by a vehicle.

D. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel or seasonal use.

SPECIAL FLOODPLAIN -- Those areas identified as an AE Zone on the FIRM included in the FIS for which one-hundred-year-flood elevations have been provided in the FIS but for which no floodway has been delineated. [Added 12-13-2005 by Ord. No. 2005-14]

SPECIAL USE PERMIT -- A permit issued for a use permitted in a particular district by the Board of Supervisors upon recommendation of the Planning Commission to occupy or use land and/or a building or structure erected thereon for a specific purpose not permitted by right, but permitted in accordance with standards or conditions established in this article.

START OF CONSTRUCTION -- The date the building permit was issued, provided that the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as grading, clearing and filling; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not a part of the main structure. For a substantial improvement, the actual "start of construction" means the first alteration on any wall, ceiling, floor or other structural part of a building, whether or not the alteration affects the external dimensions of the building.

SUBSTANTIAL DAMAGE -- Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT -- Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage regardless of the actual repair work performed. The term does not, however, include either:

A. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

B. Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.

 

§ 165-125. Description of districts.

A. The various floodplain districts shall include areas subject to inundation by waters of the one-hundred-year flood. The basis for the delineation of these districts shall be the Flood Insurance Study for Shenandoah County prepared by the Federal Emergency Management Agency (FEMA), dated February 2, 2006, as amended, the Flood Insurance Rate Maps prepared by FEMA dated February 2, 2006, as amended, as well as subsequent studies authorized by FEMA. [Amended 5-28-2002 by Ord. No. 02-5;6-24-2003 by Ord. No. 2003-3; 12-13-2005 by Ord. No. 2005-14]

(1) The floodway district is delineated, for purposes of this article, using the criterion that certain areas within the floodplain must be capable of carrying waters of the one-hundred-year flood without increasing the water surface elevation of that flood more than one foot at any point. The areas included in this district are specifically defined in Table II of the above-referenced Flood Insurance Study and shown on the accompanying Flood Insurance Rate Map (FIRM).

(2) The flood-fringe district shall be that area of the one-hundred-year floodplain not included in the floodway district. The basis for the outermost boundary of the district shall be the one-hundred-year flood elevations contained in the flood profiles of the above-referenced Flood Insurance Studies and as shown on the accompanying Flood Insurance Rate Maps.

(3) In those areas for which detailed flood profiles or elevations are not provided, the floodplain district shall be that floodplain area where a one-hundred-year floodplain boundary has been approximated. Such areas are shown as Zone A on the maps accompanying the Flood Insurance Study. For these areas, the one-hundred-year-flood elevations and floodway information from federal, state and other acceptable sources shall be used, when available. Where the specific one-hundred-year-flood elevation cannot be determined for this area using other sources of data, such as the United States Army Corps of Engineers Floodplain Information Reports, United States Geological Survey Flood-Prone Quadrangles, known high water from the past one-hundred-year floods, etc., then the applicant for the proposed use, development and/or activity shall determine this elevation in accordance with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the County of Shenandoah. All new subdivision proposals and other proposed developments (including proposals for manufactured home parks and subdivisions) greater than 50 lots or five acres, whichever is the lesser, in areas for which detailed flood profiles or elevations are not provided shall include within such proposals base flood elevation data.

(4) The special floodplain district shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA and for which one-hundred-year-flood elevations have been provided in the FIS but for which no floodway has been delineated. For these areas, the one-hundred-year base flood elevations shall be used. Until a regulatory floodway is designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones AE on the County's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point in the County.

(5) Where the applicant for the proposed use, development, and/or activity desires to appeal the floodplain boundary for an existing structure or parcel of land, a Letter of Map Amendment (LOMA) can be requested from FEMA. Applications for LOMAs shall be submitted as either FEMA Form 81-87 or Form 81-92 (for single residential lot or structure) in compliance with the FEMA requirements indicated in the forms. Once a LOMA has been issued by FEMA, the delineation of the floodplain district may be revised per § 165-127.

B. Overlay concept.

(1) The floodplain districts described above shall be overlays to the existing underlying districts as shown on the Official Zoning Ordinance Map, and, as such, the provisions for the floodplain districts shall serve as a supplement to the underlying district provisions.

(2) Any conflict between the provisions or requirements of the floodplain districts and those of any underlying district, the more restrictive provisions and/or those pertaining to the floodplain districts shall apply.

(3) In the event that any provision concerning a floodplain district is declared inapplicable as a result of any legislative or administrative actions or judicial decision, the basic underlying provisions shall remain applicable.

 

§ 165-126. Official Floodplain Map. [Amended 5-28-2002 by Ord. No. 02-5; 6-24-2003 by Ord. No. 2003-3; 12-13-2005 by Ord. No. 2005-14]

The boundaries of the floodplain districts are established as shown on the Flood Insurance Rate Maps, dated February 2, 2006, as amended, which are declared to be a part of this article and which shall be kept on file at the County offices.

 

§ 165-127. District boundary changes.

The delineation of any of the floodplain districts may be revised by the Board of Supervisors where natural or man-made changes have occurred and/or where more detailed studies have been conducted or undertaken by the United States Army Corps of Engineers or other qualified agency, or an individual documents the need for such change. However, prior to any such change, approval must be obtained from the Federal Insurance Administration.

 

§ 165-128. Interpretation of district boundaries.

Initial interpretations of the floodplain districts shall be made by the Zoning Administrator. Should a dispute arise concerning the boundaries of any of the districts, the Board of Zoning Appeals shall make the necessary determination. The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the Board and to submit his own technical evidence if he so desires.

 

§ 165-129. Required permits. [Amended 2-25-1997 by Ord. No. 97-1]

A. Permit requirement. All uses, activities and development occurring within any floodplain district shall be undertaken only upon the issuance of a zoning permit. Such development shall be undertaken only in strict compliance with the provisions of the ordinances, such as the Virginia Uniform Statewide Building Code and the Shenandoah County Subdivision Regulations. [EN]27 Prior to the issuance of any such permit, the Zoning Officer shall require all applications to include compliance with all applicable state and federal laws. Under no circumstances shall any use, activity and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch or any other drainage facility or system.

B. Alteration or relocation of watercourse. Prior to any proposed alteration or relocation of any channels or of any watercourse, stream, etc., within this jurisdiction, a permit shall be obtained from the United States Corps of Engineers, the Virginia State Water Control Board and the Virginia Marine Resources Commission (a joint permit application is available from any of these organizations). Furthermore, notification of the proposal shall be given by the applicant to all affected adjacent jurisdictions, the Division of Soil and Water Conservation (Department of Conservation and Recreation) and the Federal Insurance Administration.

 

§ 165-129.1. Prohibited uses and activities. [Added 2-25-1997 by Ord. No. 97-1; amended 3-8-2005 by Ord. No. 2005-1]

The following uses and activities are prohibited from any floodplain district:

A. Septic systems (other than drainfields), pit privies or other on-site waste disposal systems [except as provided in § 165-132B(l)].

B. Dwellings except as permitted in § 165-132B(1).

C. All businesses and industries.

D. Any use where people congregate in permanent structures, e.g., churches, schools, institutional uses, etc.

E. Any agricultural building housing confined animals. [Amended 4-26-2005 by Ord. No. 2005-6]

F. Filling of land, except for restoration or reclamation purposes.

 

§ 165-130. Applicability of other regulations. [Amended 2-25-1997 by Ord. No. 97-1; 5-28-2002 by Ord. No. 02-5; 12-13-2005 by Ord. No. 2005-14]

In all floodplain districts (floodway, flood-fringe, approximate floodplain, special floodplain, and floodplain districts) the development and/or use of land shall be permitted in accordance with the regulations of the underlying area, provided that all such uses, activities and/or development shall be undertaken in strict compliance with the floodproofing and related provisions contained in the Virginia Uniform Statewide Building Code and all other applicable codes and ordinances.

 

§ 165-131. Encroachments. [Amended 2-25-1997 by Ord. No. 97-1; 5-28-2002 by Ord. No. 02-5]

A. In addition, in the floodway district, no encroachment, including fill, new construction, substantial improvements or other development, shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in the one-hundred-year-flood elevation.

B. Within any special floodplain district, no development shall be allowed unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the elevation of the one-hundred-year flood more than one foot at any point. [Added 12-13-2005 by Ord. No. 2005-14]

 

§ 165-132. Permitted and special permit activities. [Amended 10-11-1994; 6-13-1995; 2-25-1997 by Ord. No. 97-1]

A. Permitted activities. In any floodplain district the following activities are permitted, provided that they are in compliance with the provisions of this article, the provisions of the underlying districts, and are not prohibited by any other ordinance, and provided that they do not require structures, fill or storage of materials and equipment. [Amended 5-28-2002 by Ord. No. 02-5]

(1) Agriculture uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming and wild crop harvesting.

(2) Public and private recreational uses and activities such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, hiking and horseback riding trails, wildlife and nature preserves, game farms, fish hatcheries, trap and skeet ranges and hunting and fishing areas.

(3) Accessory residential uses such as yard areas, gardens, play areas, and pervious parking and loading areas, airport landing strips, etc.

(4) Septic drainfields serving on-site sewage disposal systems for single-family homes, not including septic tanks, pumps or pretreatment facilities, provided that:

(a) No other site for a septic drainfield can be found on the lot outside the floodplain district that meets the requirements of the State Health Department's Sewage Handling and Disposal Regulations.

(b) The septic drainfield is designed and installed to meet the design criteria in § 165-135F of this article.

(c) The design criteria in § 165-135F shall not apply to drainfields in the one-hundred-year floodplain serving dwellings or lots of record existing prior to October 1, 1978, for which a valid permit was issued by the Health Department prior to October 11, 1994, and such permit has not expired.

B. Activities permitted by special use permit. The following activities are permitted by special use permit:

(1) Single-family dwellings subject to the following: [Added 3-8-2005 by Ord. No. 2005-1]

(a) Single-family dwellings are permitted with the issuance of a special use permit on parcels that meet the following criteria:

[1] The parcel is zoned Low-Density Residential (R-1), Medium-Density Residential (R-2), or High-Density Residential (R-3).

[2] A building site cannot be found on the parcel outside of the one-hundred-year floodplain.

[3] The parcel was created before 1978 and purchased by the current owner before February 25, 1997.

(b) Septic tank and drainfield sewage disposal systems may be approved in the floodplain district as part of the special use permit for lots meeting the criteria of § 165-132B(1)(a). These systems shall be designed by a professional engineer to a standard which shall minimize the dislodgement of any of the components of the system during a flood event. Any appurtenances associated with the system shall be designed to be floodproof. No secondary effluent treatment facilities shall be permitted as part of this process. In addition, all regulations of the Health Department and applicable regulations of the floodplain ordinance [EN]28 for septic systems must be met.

(2) Utilities and public facilities and improvements such as railroads, streets, bridges, transmission lines, pipe lines, water and sewerage treatment plants and other similar or related uses.

(3) Water-related uses and activities such as marinas, docks, wharves, piers, etc.

(4) Extraction of sand, gravel and other materials.

(5) Temporary uses such as circuses, carnivals and similar activities.

(6) Storage of materials and equipment, provided that they are not buoyant, flammable or explosive and are not subject to major damage by flooding, or provided that such material and equipment is firmly anchored to prevent flotation or movement and/or can be readily removed from the area within the time available after flood warning.

(7) Farm buildings for the storage of hay or feed, farm buildings for the sheltering, raising, and handling agricultural animals, provided that no such animals may be confined to the buildings; also picnic shelters with open sides. The storage of hazardous or flammable materials is prohibited within these structures. [Added 4-26-2005 by Ord. No. 2005-6]

 

§ 165-133. Site plans and permit applications. [Amended 6-13-1995]

A. All applications for development in any floodplain district and all building permits issued for the floodplain shall incorporate the following information: [Amended 5-28-2002 by Ord. No. 02-5]

(1) For structures to be elevated, the elevation of the lowest floor (including basement).

(2) For structures to be floodproofed (nonresidential only), the elevation to which the structure will be floodproofed.

(3) The elevation of the one-hundred-year flood.

(4) Topographic information showing existing and proposed ground elevations.

B. Within the approximated floodplain district and the special floodplain district, the applicant shall also delineate a floodway area based on the requirement that all existing and future development not increase the one-hundred-year-flood elevation more than one foot at any one point. The engineering principle, equal reduction of conveyance, shall be used to make the determination of increased flood heights. [EN]29 [Amended 12-13-2005 by Ord. No. 2005-14]

 

§ 165-134. Recreation vehicles. [Amended 5-28-2002 by Ord. No. 02-5]

Recreation vehicles placed on sites in the floodplain district shall not be on the site longer than two consecutive weeks.

 

§ 165-135. Design criteria for utilities and facilities.

A. Sanitary sewer facilities. All new or replacement sanitary sewer facilities and private package sewage treatment plants (including all pumping stations and collector systems) shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into the floodwaters. In addition, they should be located and constructed to minimize or eliminate flood damage and impairment.

B. Water facilities. All new or replacement water facilities shall be designed to minimize or eliminate infiltration of floodwaters into the system and be located and constructed to minimize or eliminate flood damages.

C. Drainage facilities. All storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. The systems shall ensure drainage away from buildings and on-site waste disposal sites. The Board of Supervisors may require a primarily underground system to accommodate frequent floods and a secondary surface system to accommodate larger, less frequent floods. Drainage plans shall be consistent with local and regional drainage plans. The facilities shall be designed to prevent the discharge of excess runoff onto adjacent properties.

D. Utilities. All utilities, such as gas lines, electrical and telephone systems being placed in flood-prone areas should be located, elevated (where possible) and constructed to minimize the chance of impairment during a flooding occurrence.

E. Streets and sidewalks. Streets and sidewalks should be designed to minimize their potential for increasing and aggravating the levels of flood flow. Drainage openings shall be required to sufficiently discharge flood flows without unduly increasing flood heights.

F. Septic drainfields. All septic drainfields shall meet standards set forth in the Virginia Health Department's Sewage Handling and Disposal Regulations or the following standards, whichever are the more restrictive: [Added 10-11-1994; amended 6-25-2002 by Ord. No. 02-11]

(1) No drainfield shall be located within the floodplain district as shown on Floodplain Maps adopted under the Zoning Ordinance unless documented attempts to obtain a site out of the floodplain district have been unsuccessful.

(2) For drainfields having any portion within 100 feet of the edge of the stream or river:

(a) The sewage disposal system shall be designed using enhanced flow distribution.

(b) No drainfield on a lot created after October 1, 1978, shall be located closer than 200 feet to another drainfield.

(c) No portion of any drainfield shall be located closer than 50 feet to the edge of a stream, river, or sinkhole.

(d) The minimum separation from the bottom of the drainfield trench to the water table shall be 24 inches.

(e) Sewage entering the drainfield shall be pretreated by either a recirculating sand filter or an intermittent sand filter constructed according to the plans and specifications in Virginia Health Department regulations (GMP-33 or the most current regulations) as modified by the following standards:

[1] Recirculating sand filter. The loading rate shall not exceed 10 gallons per square foot and shall have a minimum of 45 square feet of surface area.

[2] Intermittent sand filter. The loading rate shall not exceed two gallons per square foot.

(f) However, if the separation from the bottom of the drainfield trench to the water table is 48 inches or more, pretreatment as described in Subsection F(2)(e) above shall not be required.

(3) For drainfields located in their entirety more than 100 feet from the edge of the stream or river but wholly or partially within the floodplain district:

(a) The minimum separation from the bottom of the drainfield trench to the water table shall be as follows:

 

(4) For all drainfields located within any portion of the floodplain district:

(a) The minimum depth from the ground surface to the bottom of the drainfield trench shall be 18 inches.

(b) Sewage disposal systems shall be designed so that the nitrate concentration of treated effluent at the adjacent river or stream does not exceed five milligrams per liter. Mounding and nitrate concentration calculations shall be submitted with the permit application to the Health Department when the proposed system and adjacent systems are within 200 feet of each other and would treat more than a combined total of 1,000 gallons per day.

(c) A permit shall be obtained from the State Health Department.

 

§ 165-136. Variances and appeals.

A. In passing upon applications for variances or appeals to the provisions of this article, the Board of Zoning Appeals shall satisfy all relevant factors and procedures specified in §§ 165-107 through 165-113 of this chapter. In addition the following factors shall also be considered:

(1) The danger to life and property due to increased flood heights or velocities caused by encroachments. No variance shall be granted for any proposed use, development or activity within any floodway district that will cause any increase in the one-hundred-year-flood elevation.

(2) The danger that materials may be swept on to other lands or downstream to the injury of others.

(3) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions.

(4) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.

(5) The importance of the services provided by the proposed facility to the community.

(6) The requirements of the facility for a waterfront location.

(7) The availability of alternative locations not subject to flooding for the proposed use.

(8) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

(9) The relationship of the proposed use to the Comprehensive Plan and floodplain management program for the area.

(10) The safety of access by ordinary and emergency vehicles to the property in time of flood.

(11) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site.

(12) The repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

(13) Such other factors which are relevant to the purposes of this article.

B. The Board of Zoning Appeals may refer any application and accompanying documentation pertaining to any request for a variance to any engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for flood protection and other related matters. The expense of any additional technical assistance that may be required by the Board of Zoning Appeals shall be the responsibility of the applicant.

C. Variances shall be issued only after the Board of Zoning Appeals has determined that the granting of such will not result in unacceptable or prohibited increases in flood heights, additional threats to public safety, extraordinary public expense, and will not create nuisances, cause fraud or victimization of the public, or conflict with local laws or ordinances.

D. Variances will be issued only after the Board of Zoning Appeals has determined that variance will be the minimum required to provide relief from any hardship to the applicant.

E. The Board of Zoning Appeals shall notify the applicant for a variance, in writing, that the issuance of a variance to construct a structure below the one-hundred-year-flood elevation increases the risks to life and property and will result in increased premium rates for flood insurance.

F. A record shall be maintained of the above notification as well as all variance actions, including justification for the issuance of the variances. Any variances which are issued shall be noted in the annual or biennial report submitted to the Federal Insurance Administrator.

 

§ 165-137. Existing structures.

A structure or use of a structure or premises which lawfully existed before the enactment of these provisions, but which is not in conformity with these provisions, may be continued subject to the following conditions:

A. Existing structures in the floodway district shall not be expanded or enlarged unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed expansion would not result in any increase in the one-hundred-year-flood elevation.

B. Any modifications, alteration, repair, reconstruction or improvement of any kind to a structure and/or use located in any floodplain area to an extent or amount of less than 50% of its market value, shall be elevated and/or floodproofed to the greatest extent possible.

C. The modification, alteration, repair, reconstruction or improvement of any kind to a structure and/or use, regardless of its location in a floodplain area, to an extent or amount of 50% or more of its market value shall be undertaken only in full compliance with the provisions of this article and the Virginia Uniform Statewide Building Code. [EN]30

 

ARTICLE XVII, Airport Safety Zoning [Added 10-8-1991]

§ 165-138. Purpose.

This article is adopted pursuant to the authority conferred by Chapter 22 of Title 15.2, and specifically to satisfy the requirements of § 15.2-2294 of the Code of Virginia 1950, as amended. It is hereby found that an obstruction has the potential for endangering the lives and property of users of the airports and residents of Shenandoah County; and that an obstruction may reduce the size of areas available for the landing, takeoff and maneuvering of aircraft, thus tending to destroy or impair the utility of the airports and the investment therein. Accordingly, it is declared that:

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

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

C. That Shenandoah County derives economic development and enhanced interstate commerce from the New Market Airport when such airports and their surrounding vicinity are held strictly to the highest possible safety standards. [Amended 9-23-1997 by Ord. No. 97-7]

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

 

§ 165-139. Definitions.

As used in this article, the following terms shall have the meanings respectively ascribed to them, unless the context clearly requires otherwise:

ADMINISTRATOR -- The official charged with the enforcement of this article shall be the Zoning Administrator.

AIRPORT -- The New Market Airport. [Amended 9-23-1997 by Ord. No. 97-7]

AIRPORT ELEVATION -- The highest point on any usable landing surface expressed in feet above mean sea level.

APPROACH, CLEAR AND TRANSITIONAL ZONES -- The airspace zones as set forth in § 165-140 of this article.

APPROACH SLOPE -- An imaginary surface, longitudinally centered on the extended runway center line, beginning 100 feet from the end of the runway and extending outward and upward at a fifteen to one (15:1) slope for a distance of 5,000 feet. The inner edge of the "approach slope" is the same width as the primary surface and expands uniformly to a width of 1,200 feet. The geometric design of the "approach slope" coincides with the Commonwealth of Virginia Rule 19 Surfaces in effect on August 1991.

HAZARD TO AIR NAVIGATION -- An obstruction determined by the Virginia Department of Aviation or the Federal Aviation Administration to have a substantial adverse effect on the safe and efficient utilization of navigable airspace in the commonwealth.

HEIGHT -- For the purpose of determining the height limits in all zones set forth in § 165-141 of this article and shown on the Zoning Map, the datum shall be mean sea level (MSL) elevation unless otherwise specified.

NONCONFORMING USE -- Any preexisting structure or object of natural growth which is inconsistent with the provisions of this article or any amendment to this article.

OBSTRUCTION -- Any structure, growth or other object, including a mobile object, which exceeds a limiting height or penetrates any surface or zone floor set forth in § 165-141 of this article.

PERMIT -- A certification issued by the Zoning Administrator of Shenandoah County allowing a person to begin an activity in accordance with this article.

PERSON -- Any individual, firm, partnership, corporation, company, association, joint-stock association or government entity. The term includes a trustee, a receiver, an assignee, or a similar representative of any of them.

PRIMARY SURFACE -- A surface, longitudinally centered on a runway. The elevation of any point on the "primary surface" is the same as the elevation of the nearest point on the runway center line.

RUNWAY -- A specified area on an airport prepared for landing and takeoff of aircraft.

SIDE SLOPE AREA -- An area included in the transitional surface.

STRUCTURE -- Any object, including a mobile object, constructed or installed by any person, including but not limited to buildings, towers, cranes, smokestacks, earth formations, towers, poles and electric lines of overhead transmission routes, flag poles and ship masts.

TRANSITIONAL SURFACE -- An imaginary surface extending outward and upward at right angles from the edge of the primary surface for a horizontal distance of 1,666.7 feet on an upward slope of five to one (5:1). The "transitional surface" gradually tapers from the 1,666.7 foot mark until it connects with the outermost edge of the approach slope. The side slope area is included in the "transitional surface." The geometric design of the "transitional surface" coincides with the Commonwealth of Virginia Rule 19 Surfaces in effect in August 1991.

VEGETATION -- Any object of natural growth.

ZONE -- All areas provided for in § 165-140 of this article, generally described in three dimensions by reference to ground elevation, horizontal distances from the runway center line and the primary surface and with the zone floor set at specific vertical limits by the surfaces found in § 165-141 of this article.

 

§ 165-140. Airport safety zones.

A. In order to carry out the provisions of this article, there are hereby established certain zones which include all of the area and airspace of Shenandoah County lying equal to and above the approach surfaces and transitional surfaces as they apply to the New Market Airport. These zones are established as overlay zones, superimposed over the existing base zones, being more specifically zones of airspace that do not affect the uses and activities of the base zones except as provided for in §§ 165-140 and 164-141. An area located in more than one of the following zones is considered to be only in the zone with the most restrictive height limitation. These zones are as follows:

(1) Approach zone. A zone that extends away from the runway and ends along the extended runway center line, with the floor set by the approach surfaces.

(2) Transitional zone. A zone that is perpendicular to the runway center line and tapers to connect the outermost edge of the approach surface with the floor set by the transitional surface.

(3) Clear zone. A zone that stands away from the runway and ends along the extended runway center line for a horizontal distance of 1,000 feet, with the floor set by the approach surfaces.

B. The source and the specific geometric design standards for these zones are defined in Rule 19 of the Rules and Regulations of the Virginia Department of Aviation. A copy of these design standards is found in the appendix of this article. [EN]31

 

§ 165-141. Airport safety zone height limitations.

A. Except as otherwise provided in this article, in any zone created by this article no structure shall be erected, altered or maintained, and no vegetation shall be allowed to grow to a height so as to penetrate any referenced surface, also known as the "floor," of any zone provided for in § 165-140 of this article at any point.

B. The height restrictions, or floors, for the individual structures shall be those planes delineated as surfaces in Rule 19 of the Rules and Regulations of the Virginia Department of Aviation. A copy of these design standards is found in the appendix of this article. [EN]32

 

§ 165-142. Use restrictions.

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

A. Create electrical interference with navigational signals or radio communications between the airport and the aircraft;

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

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

D. Impair visibility in the vicinity of the airport;

E. Create the potential for bird strike hazards; or

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

 

§ 165-143. Nonconforming uses.

A. Except as provided in Subsection B of this section and § 165-144B of this article, the regulations prescribed by this article shall not require the removal, lowering or other change or alteration of any structure or vegetation not conforming to the regulations as of the effective date of this article, or otherwise interfere with the continuance of a nonconforming use. Nothing contained in this article shall require any change in construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this article and is diligently prosecuted.

B. Notwithstanding the provision of Subsection A the owner of any existing nonconforming structure or vegetation is hereby required to permit the installation, operation and maintenance thereon of whatever markers and lights deemed necessary by the Federal Aviation Administration, the Virginia Department of Aviation or the Administrator to indicate to operators of aircraft the presence of that airport obstruction. These markers and lights shall be installed, operated and maintained at the expense of the airport owners, and not the owner of the nonconforming structure in question.

 

§ 165-144. Permits and variances.

A. Except as provided in Subsections B and C of this section, no structure shall be erected or otherwise established in any zone created by this article unless a permit therefor shall have been applied for and granted. Each application for a permit shall indicate the purpose for which desired and with sufficient geometric specificity to determine whether the resulting structure would conform to the regulations prescribed in this article. No permit for a structure inconsistent with this article shall be granted unless a variance has been approved as provided in Subsection D.

B. No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use or structure to become a greater hazard to air navigation than it was on the effective date of this article or any amendments thereto other than with relief as provided for in Subsection D.

C. Whenever the Administrator determines that a nonconforming structure has been abandoned or more than 50% destroyed, physically deteriorated or decayed, no permit shall be granted that would enable such structure to be rebuilt, reconstructed or otherwise refurbished so as to exceed the applicable height limit or otherwise deviate from the zoning regulations contained in this article, except with the relief as provided for in Subsection D.

D. Any person desiring to erect or increase the height or size of any structure not in accordance with the regulations prescribed in this article may apply for a variance from such regulations to the Shenandoah County Board of Zoning Appeals (Board). No such variance shall be authorized except after notice and hearing, as required by § 15.2-2204 of the Code of Virginia, as amended. Prior to being considered by the Board, the application for variance shall be accompanied by a determination from the Virginia Department of Aviation as to the effect of the proposal on the operation of air navigation facilities and the safe efficient use of navigable airspace. Such variances shall only be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice and will be in accordance with the spirit of this article.

E. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this article and be reasonable in the circumstances, be so conditioned as to require the owner of the structure in question to install, operate and maintain, at the owner's expense, such markings and lights as may be deemed necessary by the Federal Aviation Administration, the Virginia Department of Aviation or the Administrator. If deemed proper through the failure of the owner of the structure or with other reasonable cause by the Board, this condition may be modified to require the owner of the structure in question to permit the airport owner, at his own expense, to install, operate and maintain the necessary markings and lights.

F. Applications for permits and variances shall be made on forms available from the Administrator, with such forms allowing for enough specific detail such that proper analysis can be given the request.

 

§ 165-145. Enforcement.

The Administrator shall administer and enforce the regulations prescribed in this article. He or she shall be vested with the police power incumbent to carry out and effectuate this article, including the action of injunction, prosecution and other available means through the courts having jurisdiction in Shenandoah County.

 

§ 165-146. Appeals.

A. An appeal to the Board may be taken by any person aggrieved or by any office, department, board or bureau of the County or municipality affected by any decision of the Zoning Administrator. Such appeal shall be taken within 30 days after the decision appealed from by filing with the Zoning Administrator and with the Board a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed was taken. An appeal shall stay all proceedings in furtherance of the action appealed unless the Zoning Administrator certifies to the Board that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order on application and on notice to the Zoning Administrator and for good cause shown.

B. Appeals shall be mailed to the Board of Zoning Appeals, care of the Zoning Administrator, and a copy of the appeal mailed to the Secretary of the Planning Commission. A third copy should be mailed to the individual official, department or agency concerned, if any. The County Planning Commission may send a recommendation to the Board of Zoning Appeals or appear as a party at the hearing. Appeals shall be accompanied by a certified check for the amount provided for in Chapter A170, Fees, made payable to the Treasurer, Shenandoah County. [Amended 9-23-1997 by Ord. No. 97-7]

C. The Board shall fix a reasonable time for the hearing of an application or appeal, give notice thereof as due notice to the properties in interest and decide the same within 90 days. In exercising its powers, the Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination of an administrative officer or decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to affect any variance from this chapter.

 

§ 165-147. Judicial review.

Any person or persons jointly or individually aggrieved by any decision of the Board may present to the Circuit Court of Shenandoah County a petition specifying the grounds on which aggrieved within 30 days after the Board has reached its decision.

 

§ 165-148. Violations and penalties. [Amended 9-23-1997 by Ord. No. 97-7]

Each violation of the provisions of this article or of any regulation, order or ruling promulgated under this article shall constitute a Class 1 misdemeanor. Each day that the violation continues to exist shall constitute a separate offense.

 

§ 165-149. Conflicting regulations.

Where there exists a conflict between any of the regulations or limitations prescribed in this article and other regulations applicable to the same subject, where the conflict is with respect to the height of structures or vegetation and the use of land, or any other matter, the more stringent limitation or requirement shall govern.

 

ARTICLE XVIII (Reserved)³⁸

§ 165-150. (Reserved)