Chapter 10: Article IV Regulations Applying to All Districts

Zoning Amendment Chart

Text color indicates proposed changes in the ordinance

§10-41 SUPPLEMENTAL DISTRICT REGULATIONS

10-41 (1) Accessory Uses and Structures

10-41 (2) Accessory Dwellings

10-41 (3) Temporary Uses and Permits

10-41 (4) Home Occupations and Home Businesses

10-41 (5) Bed and Breakfast Establishments and Rural Lodging Establishments

10-41 (6) Wayside Stands (Roadside Stand)

10-41 (7) Recycling Facilities

10-41 (8) Permitted Structures in Required Yards

10-41 (9) Condominium Conversion

10-41 (10) Number of Dwelling Units per Parcel

10-41 (11) Visibility at Intersections

10-41 (12) Interparcel Connections

10-41 (13) Storage of Inoperable Vehicles

10-41 (14) Limitations on Vehicles and Parking in Residential Districts

10-41 (15) Screening of Storage Containers

10-41 (16) Intensive Agriculture

10-41 (17) Prohibited use of manufactured homes

10-41 (18) Private Streets

10-41 (19) Farm Enterprises

§10-42 RESERVED

§10-43 LANDSCAPING AND BUFFERING

10-43 (1) Purpose

10-43 (2) Applicability and General Standards

10-43 (3) Buffer Yard Requirements

10-43 (4) Buffer Yard Waivers and Modifications

10-43 (5) Tree Canopy Requirements

10-43 (6) Maintenance

10-43 (7) Bonding Requirements

10-43 (8) Appeals

10-43 (9) Parking Lot Landscaping and Screening Requirements

§10-44 OFF STREET PARKING, LOADING

10-44(1) Applicability

10-44(2) General Provisions

10-44(3) Required Parking and Loading Spaces

IV. REGULATIONS APPLYING TO ALL DISTRICTS

§10-41 SUPPLEMENTAL DISTRICT REGULATIONS

(1) Accessory Uses and Structures

(a) Accessory uses and structures are permitted in connection with, and incidental and subordinate to a permitted principal use or structure and in compliance with all other provisions of this chapter. Accessory structures shall not exceed sixteen (16) feet in height or 850 square feet in area unless authorized by special use permit.

(b) Residential accessory uses and structures shall be limited to the following and to any other use or structure the Zoning Administrator determines to be similar in scope, size and impact as those listed herein, and are in compliance with all other provisions of this ordinance:

1. Above ground deck
2. Clothesline
3. Fence or wall
4. Freestanding air conditioning unit
5. Parking for motor vehicles as provided for in, subject to §10-41(14)
6. Patio, porch, gazebo
7. Pet houses and pens
8. Play equipment and playhouses
9. Private garage, carport. Maximum height and area shall be sixteen (16) feet and 850 square feet respectively unless authorized by special use permit.
10. Private greenhouse
11. Private swimming pool
12. Private tennis court or outdoor recreational court
13. Radio or satellite antennas, free standing or on roof, setback from required yards a minimum of one foot for each one foot in height
14. Storage shed for personal, non-commercial use, and clearly subordinate to principal structure
15. Studios and workshops without outdoor display for personal use, and clearly subordinate to principal structure
16. Accessory dwellings in accord with §10-41(2)
17. Utility substation
18. Solar power panels
19. Enclosed areas devoted to collection of recyclable materials generated by the principal use
20. Bus shelter or bus stand

(c) Commercial and industrial accessory uses and structures shall be limited to the following and to any other use or structure the Zoning Administrator determines to be similar in scope, size and impact as those listed herein, and are in compliance with all other provisions of this ordinance:

1. Dumpsters and dumpster pads
2. Emergency power generators
3. Fence or wall
4. Freestanding air conditioning unit
5. Parking uses and structures
6. Recycling facilities, in accord with §10-41(7)
7. Storage sheds, clearly subordinate to principal structure
8. Stormwater management facilities, BMP facilities
9. Bus shelter or bus stand
10. Accessory living quarters for watchman, guard or custodian
11. Sculpture, fountain, etc., clearly subordinate to principal structure
12. Solar power panels

(d). Use Limitations

1. Accessory structures shall be located on the same lot as the principal use or structure
2. Accessory structures shall be included in the calculations for height, bulk and coverage as required by this ordinance
3. Except as otherwise permitted herein and subject to §10-41(8), no accessory use or structure shall be located in a required yard
4. No accessory use or structure shall create a nuisance or hazard
5. No accessory use or structure shall be used as a dwelling or for lodging purposes, except for living quarters for guards or custodians as provided for in §10-41(1)(c)(10).
6. Home occupation uses shall comply with the provisions of §10-41(4).
7. Except in the case of home occupations conducted within an accessory dwelling, accessory Accessory uses and structures shall be operated and maintained under the same ownership as the principal use
8. No accessory uses or structures shall be established until the principal use or structure is established

(2) Accessory Dwellings

Accessory dwellings are permitted as rental units for tenants as an accessory use in the A-1 Agricultural District, C-1 Conservation District, R-R Residential, R-1 Residential District, R-2 Residential and R-3 Residential Districts, subject to all applicable district regulations of this ordinance, the issuance of a zoning permit and the following additional restrictions:

(a) In the A-1 Agricultural District and the C-1 Conservation District, accessory dwellings are permitted provided that:

1. No accessory dwelling shall be located on a parcel of less than five (5) acres. For parcels with more than one accessory dwelling, not more than one additional accessory dwelling unit is permitted per each 20 acres on any single parcel, in addition to the principal dwelling. Accessory dwellings may include duplex unit types.

2. No accessory dwelling shall exceed 2,000 square feet in floor area, except that dwellings exceeding that floor area constructed prior to adoption of this ordinance may be used for tenant purposes, but may not be expanded for such purposes.

(b) In the R-R Residential, R-1 Residential, R-2 Residential and R-3 Residential Districts, accessory dwellings are permitted provided that:

1. An accessory dwelling that is a detached, separate structure from the principal use shall be located on a parcel of no less than one acre, and no more than one accessory dwelling is permitted per parcel, in addition to the principal dwelling.

2. An accessory dwelling that is contained within the principal structure may be located on a parcel of no less than one-half acre, and no more than one accessory dwelling is permitted per parcel, in addition to the principal dwelling.

3. No accessory dwelling shall exceed 1,200 square feet in floor area.

4. No less than one additional off-street parking space must be provided for the accessory dwelling; such parking shall not be located in the front yard except on an existing driveway.

5. Under no circumstances shall there be a total of more than two dwelling units on any single parcel.

(3) Temporary Uses and Permits

The following temporary activities and activities of a similar nature, subject to the conditions and restrictions set forth herein, may be approved by the Zoning Administrator in any zoning district through the issuance of a temporary commercial activity permit when, in the sole judgment of the Zoning Administrator, the public health, safety and welfare will not be impaired, and when the use is not so recurring in nature as to constitute a permanent use requiring and approved site plan.

(a) General Standards. All temporary uses shall meet the following restrictions:

1. Structures shall not exceed four hundred square feet in floor area nor be closer than thirty-feet to a public road right-of-way.

2. Entrances and exits to public roads shall be clearly marked, and located so as to provide safe access to the site.

3. Adequate on-site parking is provided for the activity intended.

4. Removal of temporary structures and all signs, materials and debris shall be guaranteed in writing and such structures shall be removed immediately upon termination of the activity, including adequate bond to ensure such removal.

5. Permits shall be valid for a period not to exceed 30 days unless extended by the Zoning Administrator, and each event or activity on a site shall be separated by a period of not less than twenty-one consecutive days.

(b) Carnivals, Circuses, Fairs, Athletic Tournaments and similar activities are permitted subject to Chapter 5, Article II, Section 5 of the Montgomery County Code.

(c) Other Conditions. The Zoning Administrator may impose additional conditions on any temporary use or activity if the Administrator deems such conditions necessary to alleviate or prevent any adverse impacts, including but not limited to limitations or requirements regarding noise, hours of operation, wastewater disposal, outdoor lighting and security measures.

(d) Construction Activities. Temporary buildings and storage of materials necessary to support on-site activities for constructing buildings and structures are permitted when located on the same parcel where the construction is taking place and when limited to the duration of the construction. However, the erection and occupancy of a temporary dwelling for up to twelve months during construction of a permanent dwelling on the same site requires a zoning permit, to be issued concurrently or after the issuance of the building permit for the permanent dwelling.

(4) Home Occupations and Home Businesses

Home Occupations and Home Businesses, as defined in Article VI, are permitted in certain districts as provided herein, subject to the following requirements.

(a) Members of the family residing on the premises are permitted to be engaged in such occupation or business.

(b) For activities meeting the definition of Home Business, in addition to family members residing on the premises, up to two non-resident, non-family employees (equivalent to two full-time workers at 40 hours per week) shall be permitted, subject to one additional off-street parking space being provided for each such employee. Such parking space(s) shall not be located in the required front yard, unless located on an existing driveway.

(c) The use of the dwelling for the home occupation or business shall be clearly incidental and subordinate to the use of the dwelling for residential purposes. The area used for the home occupation or business shall not exceed an amount equal to twenty-five percent of the gross floor area of the dwelling unit.

(d) No change shall be made to the outside appearance of the dwelling or lot, nor other visible evidence of the conduct of the home occupation or business, other than one non-illuminated sign, not exceeding three four square feet in area on each side.

(e) No traffic shall be generated by such home occupation or business in greater volumes than would normally be expected from a residential use. Any need for parking generated by the conduct of the home occupation or business shall be met by off street parking other than in a required front yard unless located on an existing driveway.

(f) No on-site retail sales, other than of items hand-crafted on the premises, nor personal services that generate traffic to the site in excess of what would normally be expected from a residential use, shall be permitted.

(g) No equipment or process used in such home occupation or business shall create noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses or use of radio, TV or telephone equipment off the lot or in adjacent dwelling units.

(5) Bed and Breakfast Establishments and Rural Lodging Establishments

The following establishments are permitted subject to all applicable district regulations of this ordinance and the issuance of a zoning permit.

(a) Bed and Breakfast Homestay

1. The owner of the premises shall reside in and manage the establishment

2. The establishment shall not contain restaurant facilities, but may provide food service for transient, overnight guests only.

3. Up to five guest rooms may be provided for paying guests.

4. Outdoor events such as weddings, receptions, and similar activities may be conducted for compensation subject to the provisions for temporary uses set forth in §10-41(3).

(b) Bed and Breakfast Inn

1. The owner or manager shall provide full-time management of the establishment at all times when the facility is occupied by one or more guests.

2. The establishment shall not contain restaurant facilities, but may provide food service for transient, overnight guests only.

3. Up to fifteen guest rooms may be provided for paying guests.

4. Outdoor events such as weddings, receptions, and similar activities may be conducted for compensation subject to the provisions for temporary uses set forth in §10-41(3).

5. The establishment shall be located on a public road, and the site shall have safe access from the public road.

(c) Country Inn

1. The owner or manager shall provide full-time management of the establishment at all times when the facility is occupied by one or more guests.

2. The establishment may contain full-service restaurant facilities that provide meal service to guests and to the general public.

3. Up to thirty guest rooms may be provided for paying guests.

4. Outdoor events such as weddings, receptions, and similar activities may be conducted for compensation subject to the provisions for temporary uses set forth in §10-41(3).

5. The establishment shall be located on a public road, and the site shall have safe access from the public road.

(d) Rural Resort

1. The establishment shall be located on parcels no less than 25 acres, of which no less than 80% of the site shall remain in open space uses.

2. The establishment may contain full-service restaurant facilities that provide meal service to guests and to the general public.

3. More than thirty guest rooms may be provided for paying guests.

4. All new buildings, active recreational areas, parking and lighted areas shall be set back a minimum of 200 feet from adjacent properties.

5. The establishment shall be located on a public road, and the site shall have safe access from the public road.

(6) Wayside Stands (Roadside Stand)

(a) Merchandise sold at wayside stands shall be limited to farm and garden products grown by the owner/operator or accessory products produced by the owner/operator such as pottery, baskets and other craft items.

(b) Entrances and exits to the wayside stand from public roadways shall be clearly delineated and shall provide safe access to the site

(7) Recycling and Solid Waste Collection Facilities

(a) Recycling and Solid Waste Collection Points shall be subject to the following restrictions:

1. The facility shall be set back a minimum of 50 feet from the right of way of any public street or any lot zoned, used or planned for residential purposes.

2. Collection sites shall be maintained free of litter, shall be cleaned of debris on a daily basis.

3. Collection sites shall not be operated prior to 7:00 a.m. nor later than 11:00 p.m. daily.

4. All facilities shall be screened from the view of abutting residential uses or districts by fences and landscaping conformance with the requirements of §10-44(3) of this ordinance for light industrial uses abutting a residential use.

5. Containers shall be at least 150 feet from any residential dwelling.

6. No hazardous or toxic materials shall be accepted or permitted at such sites.

7. No noxious odors shall be emitted beyond the boundaries of the facility.

(b) Other Recycling and Solid Waste Collection Facilities shall be subject to additional conditions as may be imposed by the County through the Special Use Permit process

(8) Permitted Structures in Required Yards

(a) For any yard, including front yards, the following structures shall be permitted, provided applicable sight distance and fire safety requirements are met and maintained:

1. Fences, provided that no fence in a front yard of a residential district shall exceed four feet in height

2. Ground level terraces, patios or decks not over thirty inches high which do not include a permanently roofed-over terrace or porch

3. Awnings or canopies provided they do not project more than eight feet from the existing building face

4. Bay windows and overhanging eaves or gutters projecting no more than four feet into the yard

5. Architectural features, chimneys, or the like, projecting a maximum of three feet into any yard, provided that such projection does not reduce the width of a yard to less than three feet

6. Covered entry porches, enclosed or unenclosed, may project a maximum of four feet provided such projection does not reduce the width of the yard to less than three feet

7. Arbors and trellises not exceeding ten feet in height, provided that such structures do not reduce the width of the yard to less than three feet

8. Flag poles

9. Recreational equipment, provided that such equipment does not reduce the width of the yard to less than three feet

(b) For any yard in a residential district, except front yards, the following structures shall be permitted, provided applicable sight distance and fire safety requirements are met and maintained:

1. Clotheslines

2. Fences shall not exceed eight feet in height in residential areas

3. Balconies projecting a maximum of four feet provided they do not reduce the width of the yard to less than three feet

4. Air conditioners rated at 24,000 BTU or less which do not discharge air within six feet of any lot line, and air conditioners greater than 24,000 BTU which do not discharge air within twelve feet of any lot line

5. In conjunction with single family dwellings only, small sheds, pet houses and pens, provided that such structures:

a. are not in excess of 150 square feet in floor area

b. not in excess of twelve feet in height

c. not within ten feet of a rear or side property line

d. at least fifty feet from any street right-of-way or private access easement at the front of the lot

e. at least twenty feet from any street right-of-way or private access easement at the rear of the lot

6. Decks exceeding thirty inches in height may be permitted in rear yards provided that they are no closer than twenty feet to a property line.

(9) Condominium Conversion

In all zoning districts, a structure or use may convert to condominium ownership only if all requirements of this zoning ordinance, the subdivision ordinance, the comprehensive plan, and all other applicable ordinances can be met. There shall be no vested right to convert to condominium ownership without such conformance, however, conversion may be allowed without such conformance with a special use permit, or, if otherwise authorized, a variance.

(10) Number of Dwelling Units per Parcel

Except as provided for in the provisions for accessory dwelling units in §10-41(2) and for multi-family or condominium dwellings as provided herein, no greater than one dwelling unit shall be permitted per parcel for single family residential uses.

(11) Visibility at Intersections

1. For protection against traffic hazards, no sign, fence, wall, hedge, planting or other obstruction to vision extending to a height in excess of three (3) feet above the established street grade shall be erected, planted or maintained within the area of a corner lot that is included between the lines of the intersecting streets and straight line connecting them at points a distance of twenty (20) feet from the intersection of the street lines.

2. Exceptions to the above requirements may be permitted by the Zoning Administrator when terrain features present substantial obstacles to provision and maintenance of such visibility triangles, but in such cases, the minimum clearance required shall be the maximum which is reasonably practicable to provide and maintain in the sole determination of the Zoning Administrator.

(12) Interparcel Connections

In every district, projects shall be laid out so as to provide vehicular interparcel connections with surrounding properties, in a location and design consistent with this ordinance and the Comprehensive Plan, provided that the Zoning Administrator determines that such connections will not promote inappropriate cut-through traffic inconsistent with the design and function of the roadway and adjacent land uses in the district.

(13) Storage of Inoperable Vehicles

(a) Inoperable vehicles shall be permitted to be stored only in a lawful motor vehicle graveyard or in a lawful, licensed motor vehicle repair facility.

(b) Not more than one inoperable vehicle may be parked outside a building at any time in any residential or agricultural district.

(14) Limitations on Vehicles and Parking in Residential Districts

(a) Parking areas in front yards shall be limited to the area contained in paved or gravel driveways.

(b) Parking of not more than one commercial vehicle associated with an approved home occupation or home business shall be permitted, provided that such vehicles shall not include any tractor trailer or vehicle exceeding one and one-half ton capacity. Parking for such vehicles shall not be in any required front or side yard.

(c) Parking of small cargo trailers and recreational vehicles or equipment in a residential district including but not limited to boats, boat trailers, camping trailers, travel trailers, motorized dwellings, tent trailers, houseboats and horse vans, are subject to the following limitations:

1. Such equipment shall not be used for living, sleeping or other occupancy when parked or stored on a residential lot or in any other location not approved for such occupancy use.

2. Such equipment six feet or more in average height, not parked or stored in a garage, carport or other structure, shall not be located in any required front or side yard and shall be located at least three feet from all buildings.

(d) Outdoor storage or overnight parking of buses, trucks or other vehicles exceeding one and one-half ton capacity shall not be permitted in residential districts on lots of less than two acres.

(15) Screening of Storage Containers

Storage containers used for shipping purposes or truck compartments or trailers shall be screened from view of public rights-of-way and adjacent uses. This standard shall not apply to any lawful agricultural operation.

(16) Intensive Agriculture

(a) Special Definitions for this Section

Livestock:

All domestic or domesticated bovine animals, including but not limited to cattle, equine animals including horses, ovine animals including sheep, porcine animals including hogs.

Intensive agriculture:

Intensive agriculture involves the raising, breeding and keeping of animals in concentrated, confined conditions, which may include such operations as swine, veal, sheep; houses and pens for poultry or other fowl; feed lots for beef, dairy cattle, swine, sheep and other animals; livestock markets and pet farms.

Intensive Agriculture Facility ("also livestock facility"):

An intensive agriculture facility is any enclosed field, range, pen or building where 300 or more total animal units are confined or housed for either more than forty-five (45) consecutive days or more than ninety (90) total days in any part of any twelve month period, and crops, vegetation, forage growth or post-harvest residues are not sustained over any significant portion of such field, range, pen, or building. , shall constitute intensive agriculture. Any poultry operation containing ten (10) or more animal units in a single enclosed field, range, pen or building, or twenty (20) or more animal units on a single tract,

Equivalent of 300 animal units:

• 300 slaughter or feeder cattle

• 750 swine

• 150 horses

• 3,000 sheep or lambs

• 200 mature dairy cattle

• 16,500 turkeys

• 30,000 laying hens or broilers

Livestock, dairy, poultry structure:

Any building, structure, installation, storage container, or storage site used in the operations of an intensive livestock, dairy or poultry facility, including, but not limited to, feed storage bins, litter storage sites, incinerators, manure storage sites, swine or poultry house, livestock or poultry disposal pits and dead livestock or poultry cold storage chests.

Livestock raiser, dairy operator, poultry grower:

The owner or operator of the livestock, diary or poultry facility, or the land on which such facility is located.

Existing dwelling:

A residential dwelling which is occupied or suitable for occupancy or which has been issued a building permit on or before the date a zoning permit for an intensive agricultural facility has been approved by the Zoning Administrator

Existing Livestock, Dairy, Poultry Facility:

An intensive agriculture facility which has been in operation for a one year period within the five years immediately preceding the date on which a zoning permit is sought for a dwelling.

Applicant:

An owner, operator or potential operator of an intensive agricultural facility who submits any application associated with the requirements of this section.

 

(b) Acreage Requirements

The minimum number of acres on which an intensive livestock, dairy or poultry facility may be established shall be as follows:

1. Intensive poultry facility: 50 acres or the number of acres required by the nutrient management plan as provided for in §10-41(16)(g), whichever is greater

2. Intensive beef, swine or dairy cattle facility: 100 acres or the number of acres required by the nutrient management plan as provided for in §10-41(16)(g), whichever is greater

All such acres required to meet the minimum acreage as defined in 2.A. and 2.B. for any one intensive facility or operation need not be contiguous provided that all of the minimum required acreage is in the same ownership, or the operator has a written agreement with the landowner acceptable to the County, for use and access to the land in accord with the provisions of the approved nutrient management plan and provisions of this section.

Intensive facilities of all types which are in operation as of the effective date of this ordinance which do not meet the acreage requirements set forth herein shall be considered non-conforming uses, subject to the provisions of §10-47(4) regarding non-conforming uses.

(c) Setbacks from Existing Uses

Except for existing dairy operations and beef cattle feedlot operations specified below, all intensive livestock, dairy or poultry structures, as defined herein, shall be set back from any existing use at the time of establishment of the intensive agriculture operation or facility, as follows:

1. From an existing dwelling in the A-1 Agriculture or C-1 Conservation Districts not owned by the operator: 300 feet.

2. From an existing dwelling in a Residential District: 500 feet.

3. From existing churches, platted residential subdivisions, residential zoning districts, mobile home parks, schools, parks, playgrounds, incorporated towns, or public water facilities such as impoundments, wells or treatment plants: 1,000 feet.

4. From property lines and public rights-of-way: 300 feet.

5. No intensive livestock facilities or structures shall be located within the floodplain as defined herein.

6. From an existing river or perennial stream: 500 feet, which may be reduced to 100 feet if a planted grass filter strip at least 50 feet in width is maintained.

All existing dairy operations and beef cattle feedlot operations need not meet the above setbacks from existing uses until such time that their number of animal units confined or housed totals 300 animal units plus the average number of animal units they confined or housed during calendar year 1999. For each qualifying operation, the Virginia Cooperative Extension Service shall determine the average number of animal units confined or housed during 1999 and report this number to the Board of Supervisors not later than March 31, 2000.

(d) Setbacks from Existing Livestock, Dairy or Poultry Facilities

Each new dwelling not owned by the operator shall be set back from all existing livestock, dairy or poultry structures a minimum of 300 feet.

(e) Certified Plat Required

The owner of an intensive facility completed after the effective date of this chapter shall file with the Zoning Administrator a plat (or similar documentation satisfactory to the Zoning Administrator) showing all of the parcels on which the facility is located and also showing the location of the facility within the parcel or parcels. With this plat, the owner shall submit a written statement, sworn to and subscribed before a notary public, by which the owner certified to the Zoning Administrator that the intensive facility shown on the plat meets all applicable setback requirements of this ordinance.

(f) Facility Development Plans

1. Prior to receiving a zoning permit, an applicant (operator or potential operator) shall submit to the Zoning Administrator a development plan which accurately shows the number, size and location of livestock, dairy or poultry structures and facilities for the subject property. Within thirty days of acceptance of the plan, the Zoning Administrator shall review it and either approve the plan or provide the applicant with a written description of the portion(s) of the plan that do not comply with this ordinance.

2. The development plan shall remain in force until completion of the proposed structures or for up to five years, whichever is less. Any modifications to such structures or addition of new structures shall require the same procedures as provided in §10-41(16)(f)(1)Section 4-116.6.A.

(g) Nutrient Management Plans

1. After the effective date of this ordinance, no intensive facility shall commence operation until a nutrient management plan for the proposed facility has been prepared by the applicant and:

a. Reviewed and approved by the Virginia Cooperative Extension Service or by a person certified or employed by the Commonwealth of Virginia as a nutrient management planner

b. Submitted to the Zoning Administrator for informational purposes.

2. If off-site disposal is part of the nutrient management plan, the applicant shall provide, as part of that plan, written documentation of an agreement with the receiver of the wastes produced at the applicant’s facility or an affidavit, sworn and subscribed before a notary public, that states the applicant’s commitment to dispose of the wastes through sale in retail establishments or otherwise marketing to consumers. Documentation shall specify the duration of the agreement and the nature of the application of use of the wastes.

3. A nutrient management plan containing such an agreement shall be valid only as long as agreement remains in force and shall be reviewed whenever such an agreement expires or is terminated by either party. The operator shall notify the Zoning Administrator whenever such an agreement is terminated before its stated expiration date within fifteen days of such termination. The nutrient management plan shall be reviewed and updated every five years by the Virginia Cooperative Extension Service or by a person certified or employed by the Commonwealth of Virginia as a nutrient management planner and by the Zoning Administrator, and updated by the operator as necessary to meet the requirements of this ordinance.

4. The nutrient management plan shall provide for the safe disposal of one hundred percent of the animal waste produced at the facility. Disposal or use shall be accomplished by means of land application at agronomic rates, as established by the Virginia Cooperative Extension Service or by the County. Alternative methods of disposal may be provided in the nutrient management plan subject to approval by the Zoning Administrator.

5. The nutrient management plan shall take into consideration, among other things, the presence of rivers, streams and private wells, springs and sinkholes, slope, soil and geological features that may indicate a susceptibility to groundwater contamination.

6. Disposal of dead animals shall be provided by operator in accord with the requirements of the Commonwealth of Virginia.

(17) Prohibited use of manufactured homes

(a) A manufactured home shall not be used for the purpose of an accessory use, such as a separate storage facility except as permitted in subsections 1 and 2 below.

1. Emergency use of individual manufactured homes shall be allowed in all residential districts where a natural disaster or fire has destroyed or damaged normal dwellings. This emergency use would alleviate the hardships inflicted on the people involved. A temporary manufactured home permit shall be required prior to the placement of the manufactured home and the zoning administrator shall set the time period that such use is permitted. The zoning administrator may grant one (1) extention of the time period of up to six (6) months.
2. Manufactured homes shall be permitted as temporary offices or storage structures (not for permanent residential use) in business, industrial, or residential districts in the construction phase of buildings or other construction projects in the districts. A temporary manufactured home permit shall be required prior to the placement of the manufactured home and the zoning administrator shall set the time period that such use is permitted. The zoning administrator may grant one (1) extension of the time period of up to six (6) months.

(b) An individual manufactured home shall not be attached to another manufactured home, travel trailer, or single-family dwelling.

(18) Private Streets.

(a) Design. Private streets shall be hard-surfaced roads designed by a professional engineer to accommodate projected volumes, loads and vehicle types and approved by the zoning administrator.

(b) Entrance. The entrance point of any private street onto a public street shall comply with applicable VDoT entrance requirements.

(c) Right-of-Way. Private streets shall have a right-of-way forty (40) feet or more in width connecting each lot to a public street. All rights-of-way shall be dedicated to a property owners association.

(d) Through Streets. Private streets shall not be through streets.

(e) Subdivision Ordinance. Private streets shall comply with applicable Subdivision Ordinance requirements including the requirement that a statement be included on the subdivision plat and in each deed stating that the streets are private streets and that the streets do not meet state standards, if applicable, and will not be maintained by the state or county. If the property owners association officially petitions to dedicate the necessary right-of-way to the state or county then the association shall pay the full cost to bring the street up to state standards.

(19) Farm Enterprises. Farm enterprises, as defined in Article VI of this chapter, are permitted in the A-1 District subject to the following requirements:

(a) The gross floor area of any structure(s) devoted to the farm enterprise use shall not exceed two thousand (2,000) square feet.

(b) In addition to family members residing on the farm or the farm operators, up to two (2) nonresident, nonfamily employees (equivalent to two full-time workers at 40 hours per week) are permitted to be engaged in the enterprise on an annual basis.

(c) Structures and parking areas shall be located at least one hundred (100) feet from any residential zoning district and adjacent dwellings, other than the owner's dwelling.

(d) At least thirty (30) percent by retail value of the products sold from the farm enterprise on an annual basis shall have been grown or produced on the farm.

(e) Hours of operation shall be limited to the hours between 7 a.m. and 10 p.m.

(f) One sign shall be permitted and shall be non-illuminated and not exceed twenty (20) square feet in area.

(g) The enterprise must front on at least one public road.

§10-42 RESERVED

§10-43 LANDSCAPING AND BUFFERING

(1) Purpose

This section is intended to facilitate the protection of the public health and welfare and the creation of a convenient, attractive and harmonious community by providing for the:

• Establishment and maintenance of buffers between adjacent uses of differing intensities or densities in order to shield or protect lower intensity uses from the potential impacts of higher intensity uses, including but not limited to the harmful effects of noise, dust, glare from headlights and other artificial light sources, visual character, heat and runoff from paved surfaces, and the like; and

• Preservation, planting and replacement of trees during the development process as set forth in Section 15.2-961 of the Code of Virginia, and to aid in stabilizing and protecting essential and valuable ecological functions such as air purification, oxygen regeneration, ground water recharge, stormwater runoff abatement, wildlife habitat protection and the abatement of noise, heat and glare.

(2) Applicability and General Standards

(a) The landscaping standards contained herein shall apply to all development for which site plans or subdivision plans are required to be submitted for review and approval in accordance with Section 5-303 of this ordinance.

1. A landscaping plan shall be submitted as a part of each subdivision and site plan application., in accord with the submission requirements specified in §10-53(3) of this ordinance.

2. All trees to be planted shall meet the specifications of the American Association of Nurserymen. The planting of trees shall be done in accord with either the standardized landscape specifications jointly adopted by the Virginia Nurserymen’s Association, the Virginia Society of Landscape Designers and the Virginia Chapter of the American Society of Landscape Architects.

3. Landscaped areas contained within required buffer yards may be used in meeting the landscaping requirements of this section.

4. To limit the spread of disease and insects, no more than 50% of newly planted trees shall be of one genus type; and not more than 25% of the required newly planted trees may be of the same species.

5. At the time of planting, all canopy trees shall have a minimum caliper of one inch, and all understory and evergreen trees shall have a minimum height of six feet. Evergreen shrubs shall have a minimum height of 30 inches, and all deciduous shrubs shall have a height of 18 inches.

6. Suitable existing vegetation may be used to meet the requirements of this section.

7. In addition to the requirements established by this section, the County may require more stringent requirements as may be appropriate in conjunction with special use permit, variance or conditional zoning processes.

(b) A buffer yard shall be provided between all uses or districts of differing intensities, as follows:

1. Buffer yards shall meet the minimum standards as shown in the Buffer Yard Matrix in Section 4-303.

2. Buffer yards may be counted as open space and may used to meet the requirements for landscaping contained in this ordinance, but shall not be used for such things as, but not limited to, buildings, structures, retaining walls of greater than three feet in height, active recreation facilities or parking areas. Allowable encroachments into buffer areas shall be the same as those for encroachment into yards.

3. In addition to the requirements established by this section, the County may require more stringent requirements as may be appropriate in conjunction with special use permit, variance or conditional zoning processes.

(3) Buffer Yard Requirements

(a) Buffer yards and screening shall be provided within the zoning district in accord with the matrix shown in the following chart.

Using the Matrix: To determine which type of buffer yard is required for a specific proposed land use:

• Refer to the list of Land Use Groups in §10-43(3)(c) and find the Land Use Group that contains the proposed land use, and the Land Use Group that contains the existing land use that abuts the site of the proposed land use.
• Refer to the Buffer Yard Matrix in §10-43(3)(a) below and locate the Land Use Group in the left column titled "Proposed Land Use Group" that contains the proposed land use.
• Refer to the Buffer Yard Matrix in §10-43(3)(a) below and locate the Land Use Group in the in the top row titled "Abutting Land Use Group" that contains the abutting land use.
• Look for the cell in the matrix that is directly to the right of the Proposed Land Use Group and directly below the Abutting Land Use Group. This cell contains the number of the Buffer Type that is required for the boundary between these two uses. Definitions of these Buffer Types are specified in §10-43(3)(d).

Buffer Yard Matrix (Buffer Types Required)
	Abutting Land Use Group
Proposed Land Use Group	Group1	Group 2	Group 3	Group 4	Group 5	Group 6	Group 7	Group 8	Group 9
Group 1 Low density Residential	n/a	n/a	n/a	n/a	n/a	n/a	n/a	n/a	n/a
Group 2 Medium Density Residential	2	1	2	2	3	4	4	2	3
Group 3 High Density Residential	3	2	1	2	3	3	4	2	3
Group 4 Light Commercial	3	2	2	1	2	2	4	2	3
Group 5 Heavy Commercial	3	3	3	2	1	2	4	2	3
Group 6 Light Industrial	4	4	3	2	2	1	3	3	4
Group 7 Heavy Industrial	4	4	4	4	4	3	1	4	4
Group 8 Collector Road	2	2	2	2	2	3	4	n/a	n/a
Group 9 Arterial Road	3	3	3	3	3	4	4	n/a	n/a

(b) Where the structure or lot contains more than one use or category of uses as shown in the matrix, the more stringent requirements of the matrix shall apply, provided that the Zoning Administrator may waive or modify the requirements in accord with §10-43(4). If a proposed use will abut an improved property with a more intensive use that existed prior to adoption of this ordinance, the proposed use shall provide the buffer yard type as required by the matrix.

The land depth requirements of the buffer matrix and §10-43(3)(c) may be included within setback and other yard requirements specified in this ordinance for each district.

(c) Following are the land uses within each land use group shown in the Buffer Matrix in §10-43(3)(a) Section 4-303.1. Every land use shall belong to one of the following groups. For any use not listed in a land use group, the Zoning Administrator shall determine the land use group to which it belongs, using the list as a guide.

(d) Definitions of Required Buffer Types for Buffer Matrix

(e) Plant Types &nbps;     Read more about it.

The following standards apply to the requirements of §10-43(3)(c).

1. A Canopy Tree is a deciduous tree, usually single trunked, with a definitely formed crown of foliage, which attains a mature height of at least thirty feet.

2. An Understory Tree is a deciduous or evergreen tree which attains a mature height of no greater than thirty feet. Understory trees often times prefer shade and grow naturally under a canopy of larger trees.

3. An Evergreen Tree is a non-deciduous tree used for the purposes of screening, weather barrier, or accent planting.

4. A Shrub is an a evergreen multi-trunked woody plant that usually attains a mature height of no greater than ten feet.

(4) Buffer Yard Waivers and Modifications

Buffer yard requirements may be waived or modified by the Zoning Administrator, at his/her sole discretion, under the following circumstances. In any such case the Zoning Administrator may attach conditions to any waiver or modification in order to assure that the results will be in accord with the purpose and intent of this section and other relevant sections of this ordinance.

(a) Where the strict provisions of this Section would reduce the usable area of a lot so as to preclude a reasonable use of the lot.

(b) Where the topography of lot providing the buffer yard and/or the lot being protected is such that the required buffer yard would not be effective.

(c) For public uses when such uses have been specifically designed to mitigate any adverse impact on adjacent properties.

(d) Where the lot providing the buffer yard is adjacent to a lake, wetland or other natural area which is to remain undeveloped and which is at least 300 feet in depth along the lot line.

(e) Where similar uses within the same zoning district abut and are otherwise designed so as to mitigate any adverse impacts on existing or permitted uses on such abutting lots.

(5) Tree Canopy Requirements

(a) For projects for which a site plan is required in accord with §10-53(3) a final site plan shall include a plan for the planting and/or replacement of trees on the site such that at maturity of ten years, the minimum tree canopy shall be provided as follows:

1. Ten percent tree canopy for sites zoned for, or to be used for commercial or industrial uses

2. Fifteen percent tree canopy for sites zoned for, or to be used for residential uses

(b) For residential projects in all districts other than A-1, C-1 and R-R, for which a plan of subdivision is required, but not a site plan, in accord with §10-53(5), a landscape plan shall be included with the Record Plat that provides for the planting and/or replacement of trees on the site such that at maturity of ten years, the minimum tree canopy shall be provided as follows:

1. If the site has a tree canopy coverage of 20% or more prior to submission of the rezoning application or subdivision plan, the landscape plan shall provide for the preservation or planting and replacement of trees on the site so as to result in a tree canopy of at least 20% at 10 years maturity.

2. If the site has a tree canopy coverage of less than 20% prior to submission of the rezoning application or subdivision plan, the landscape plan shall provide for the preservation or planting and replacement of trees on the site so as to result in a tree canopy coverage as existed prior to development, at 10 years maturity.

(c) For the purpose of calculating the area of the site for determining tree canopy coverage, ponds, wetlands and property reserved or dedicated for public improvements shall be excluded.

(d) Reasonable modifications of the requirements of this section for circumstances in which strict application of these requirements would result in undue or unreasonable hardship to the owner, shall be considered by the Board of Zoning Appeals upon application by the owner.

(6) Maintenance

(a) The owner, or his agent, shall be responsible for the maintenance, repair and replacement of all required landscape materials and screening and buffering required by the provisions of this Section.

(b) All plant materials shall be tended and maintained in a healthy growing condition, replace when necessary and kept free of refuse and debris

(c) Fences and walls shall be maintained in good repair. Openings within the barriers may be required by the Zoning Administrator for accessibility to an area for necessary maintenance or access.

(7) Bonding Requirements. In lieu of installation of the landscape materials prior to occupancy, the applicant may post a bond acceptable to the County, conditioned upon satisfactory installation of the landscaping design defined in the landscape plan.

(8) Appeals. Any person aggrieved by a decision of the Zoning Administrator may appeal such decision in accord with the provisions of §10-55(2).

(9) Parking Lot Landscaping and Screening Requirements

(a) Landscaping of parking areas shall comply with §10-43(2).

(b) Existing vegetation which is suitable for meeting the requirements of this section in part or in full, should be used wherever possible.

(c) Interior parking lot landscaping. Any parking area of more than twenty spaces serving a non-residential use or any use in the RM-1 District, shall be provided with the following landscaping:

1. The perimeter of the parking area or areas shall be provided with a minimum of one canopy tree per ten spaces. Such trees shall be dispersed along the perimeter.

2. The dimensions and design of planting areas shall be sufficient to protect all landscaping materials planted therein.

3. For the area within the boundaries of the parking lot, excluding peripheral screening and setback area, the following shall be required within landscaped islands: Five (5) percent of this parking area shall be planted with a combination of trees, shrubs and vegetative ground cover; or, for every four (4) parking spaces there shall be provided one (1) canopy tree with ten (10) square feet of suitable permeable ground cover, including such covers as pebbles or gravel; or, some equivalent combination of the above two (2) alternatives.

Areas used principally for storage of vehicles do not require interior islands if such areas are screened from adjacent properties and public streets in accord with Section §10-43.

4. Areas used principally for storage of vehicles do not require interior islands if such areas are screened from adjacent properties and public streets in accord with Section 4-309.4.

For the area within the boundaries of the parking lot, excluding peripheral screening and setback area, the following shall be required within landscaped islands: Five (5) percent of this parking area shall be planted with a combination of trees, shrubs and vegetative ground cover; or, for every four (4) parking spaces there shall be provided one (1) canopy tree with ten (10) square feet of suitable permeable ground cover, including such covers as pebbles or gravel; or, some equivalent combination of the above two (2) alternatives.

(d) Peripheral parking lot landscaping. Any parking area of more than ten spaces serving a non-residential use or any use in the RM-1 District, shall be provided with the following landscaping:

1. A landscaped area of at least eight feet in width shall be provided along all edges of the property except for any paved entrances. Such areas shall be provided with adequate vegetative ground cover and a minimum average of one canopy tree per 30 lineal feet or one understory tree per 20 lineal feet.

2. Along edges that abut residential districts or uses, parking areas and travel lanes shall be screened with masonry walls, solid fencing, berms, dense evergreen shrubs, or a combination thereof, to a minimum height of three feet. The slope of berms shall not exceed 2:1.

3. All service areas and utility equipment shall be screened from view of adjacent properties through the use of evergreen plant materials, screen walls, fences, berms or buildings. Such screening shall be designed so as not to hinder the maintenance of such equipment.

4. Areas used principally for storage of vehicles do not require interior islands if such areas are screened from adjacent properties and public streets in accord with Section §10-43309.4. A-C.

(e) Landscape Plan. A landscape plan clearly showing the proposed landscaping shall be submitted for review and approval by the zoning administrator. Such plan shall have appended to it a statement of intent by the owner or developer to maintain all vegetation as shown on the landscape plan in a viable condition.

(f) Shopping Centers. In shopping centers of over one hundred thousand (100,000) square feet of gross leasable area, perimeter islands shall be required at the end of each parking row. Perimeter islands shall be of a depth so as to allow easy pedestrian viewing of traffic on service lanes.

§10-44 OFF STREET PARKING AND LOADING

(1) Applicability

There shall be provided at the time of erection of any building or use, or at the time any building or use is enlarged, minimum permanent off-street parking and loading space in the amount specified in the requirements of this section. Such parking and loading requirements shall apply only to new construction or expansion of an existing use. In the case of an expansion of an existing use, only the expansion shall be required to meet these regulations. The existing use and parking areas shall be deemed to be exempt from said regulations.

(2) General Provisions

(a) Location. All required off-street parking spaces required herein shall be located on the same lot as the structure or use to which they are accessory, or on a lot contiguous thereto which has the same zoning classification and is under the same ownership, except that the Zoning Administrator may authorize an alternative location provided that the required parking spaces are located within 500 feet walking distance of a building entrance to the use that such space serves, and that ownership arrangements are made so as to assure the permanent availability of such spaces to the satisfaction of the Administrator.

(b) Shared Parking. Required off-street parking spaces may be provided cooperatively for two or more uses, subject to arrangements that will assure the permanent availability of such spaces to the satisfaction of the Administrator. The amount of such combined space shall equal the sum of the amounts required for the separate uses, provided, however, that the Administrator may reduce the total number of spaces if the Administrator determines that some or all of the spaces may serve two or more uses by reason of the daily hours of operation or seasonal activity of such uses.

(c) For Operable Vehicles Only. All required off-street parking spaces shall be used solely for the parking of operable vehicles. No vehicle repair work except emergency service shall be permitted on any required off-street parking facility.

(d) Access. Driveway openings through the curb shall be a maximum of two (2) per parking lot, excluding shopping center parking lots. There shall be not less than twenty-five (25) feet between driveway openings and there shall be not less than twelve and one-half (12 1/2) feet from any driveway opening to any property line. No driveway opening shall be less than twelve (12) feet in width. Landscaping, curbing or approved barriers shall be provided along lot boundaries to control entrance and exit of vehicles or pedestrians. All driveway openings shall comply with all applicable state regulations including, but not limited to, those of the state department of transportation.

(e) Surfacing. Any public off-street parking area shall be surfaced so as to provide a durable and dustless surface, shall be graded so as to dispose of all surface water accumulation within the area, unless such surface water accumulation is part of a designed stormwater runoff control measure, and shall be arranged and marked to provide safe and orderly loading, unloading, movement, parking and storage of vehicles. At a minimum, surface treatment shall be equal to a prime and double seal.

(f) Additional requirements. There shall be the following additional requirements for parking lots with ten (10) or more parking spaces:

1. Marking. Parking spaces in lots of ten (10) or more spaces shall be delineated by painted lines, curbs, bumper blocks, vertical lines on continuous curbing or other appropriate means of marking.

2. Lighting. Any lights used to illuminate any parking area shall be so arranged and shielded as to confine all direct light entirely within the boundary lines of the parking area.

3. Parking in setback or yard. No parking or visual barrier shall be less than eight (8) feet from an abutting lot or right-of-way.

4. Minimum size of all parking and maneuvering space. All individual parking spaces shall be a minimum of nine (9) feet by eighteen (18) feet. The minimum aisle space for ninety-degree parking shall be twenty-four (24) feet in width. The minimum aisle space for sixty-degree parking shall be twenty-three (23) feet in width. The minimum aisle space for thirty-degree parking shall be seventeen (17) feet in width. For any parking area in which the degree of angular parking varies from the specifications above, the aisle width shall be calculated by using a ratio of the above specifications; however, in no case shall the aisle width be less than sixteen (16) feet.

5. Landscaping. Parking areas shall be landscaped according to the provisions of Section §10-43.

(g) All commercial and retail uses shall leave enough contiguous, undeveloped, and suitable reserve land for a parking lot so as the minimum parking lot requirements, one (1) space for each two hundred (200) square feet of retail floor space, can be met if the commercial or retail use changes in the future.

(3) Required Parking and Loading Spaces

The tables in this section establish the minimum requirements for off-street parking and loading, subject to all of the pertinent provisions contained herein and to the following:

(a) Uses not listed. The Zoning Administrator shall determine the required parking and loading requirements for uses not specifically listed in the tables herein, based upon the most similar uses that are listed.

(b) Computation. The computation of the minimum off-street parking and loading requirements for each permitted use shall be based upon the standards in the following tables, subject to the adjustments and/or minimum required or allowed in this section, and to the definitions of Gross Floor Area and Gross Leasable Area in accord with Article VI.

1. In addition to the requirements of Section §10-43, existing trees and ground cover along all other boundary lines shall be preserved, maintained and supplemented by selective cutting, transplanting, and addition of new trees, shrubs and other ground cover for the depth of the setback.

2. The type, time of planting, design and spacing of planting screen shall be in accordance with Section §10-43. Approval of maintenance of landscape areas by the Zoning Administrator shall be required for zoning permit extension and zoning permit renewal.