06-08-2023 Joint Meeting with Planning Commission and BZA Agenda Packet
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BOARD OF SUPERVISORS
JOINT MEETING WITH BZA AND PLANNING COMMISSION
Thursday, June 8, 2023 - 5:30 PM
Board Meeting Room
39 Bank Street, SE,
Chatham, Virginia 24531
AGENDA
CALL TO ORDER
ROLL CALL
AGENDA ITEMS TO BE ADDED
APPROVAL OF AGENDA
PRESENTATIONS
a.Zoning Ordinance Update Presentation (Presenter: The Berkley
Group); (Staff Contact: Emily Ragsdale)
ADJOURNMENT
5.a.
BOARD OF SUPERVISORS
EXECUTIVE SUMMARY
Information Only
Agenda Title: Zoning Ordinance Update Presentation (Presenter: The
Berkley Group);
Staff Contact(s): Emily Ragsdale
Agenda Date: June 8, 2023 Item Number: 5.a.
Attachment(s): 1. Work Session # 5 Agenda
2. Attachment A - Project Schedule and Progress
3. Attachment B - Article 7, Use Performance
Standards
4. Attachment C - Pertinent Definitions for
Review
5. Attachment D - Use Performance Standards
Guide
Reviewed By:
Berkley Group representatives will review the attached items with the Board of
Zoning Appeals, Planning Commission, and Board of Supervisors regarding the
ongoing mass County Zoning Ordinance revision.
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Pittsylvania County Zoning Ordinance Update
Worksession #5 Memo
June 8, 2023
Worksession #5 Memo | Page 1 of 3
Project Overview
Pittsylvania County has enlisted the support of the Berkley Group to update, modernize, and restructure
the Zoning Ordinance. The revised Zoning Ordinance will:
- Provide streamlined and user-friendly regulations;
- Incorporate best planning practices and current Code of Virginia requirements;
- Address the goals and strategies identified in the Comprehensive Plan; and
- Consider citizen needs and issues identified through the public engagement process.
This process will be guided by County staff, the Planning Commission, the Board of Zoning Appeals, and
the Board of Supervisors and includes opportunities for input from stakeholders and County residents.
Agenda
The June 8th meeting will focus on reviewing draft Article VII, Use Performance Standards.
The following agenda is provided as an outline for discussion:
1. Schedule & Progress to Date – 5 minutes
2. Proposed Article Review – 90-100 minutes
a. Article VII, Use Performance Standards
3. Next Steps – 5 minutes
Schedule & Progress to Date
See Attachment A for the project schedule. Progress to date includes:
• Staff Kickoff – Held on June 8, 2022. The Berkley Group conducted a kickoff meeting with
Pittsylvania County staff to review the scope of work and deliverable items.
• Joint Kickoff – Held on July 19, 2022. During this meeting, the Berkley Group presented the scope
of work and schedule for the Zoning Ordinance update process.
• Public Engagement – Public engagement offered opportunities to collect community feedback on
priorities for the Ordinance update. An online public survey was conducted from August 1-31. A
public workshop and stakeholder interviews were held on August 18th.
• Worksession #1 – The first worksession between the Board of Supervisors, Planning Commission,
and Board of Zoning Appeals was held on October 18, 2022. The results of the public engagement
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Worksession #5 Memo
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phase, the results of the Zoning Diagnostic Report, and the proposed Ordinance structure were
discussed during this worksession.
• Worksession #2 – The second worksession between the Board of Supervisors, Planning
Commission, and Board of Zoning Appeals was held on December 20, 2022. Articles I, II, III, and IX
were discussed during this worksession. Edits were provided and have been incorporated into the
draft articles.
• Worksession #3 – The third worksession between the Board of Supervisors, Planning Commission,
and Board of Zoning Appeals was held on February 9, 2023. Articles IV and V were discussed during
this worksession. Edits were provided and have been incorporated into the draft articles.
• Worksession #4 – The fourth worksession between the Board of Supervisors, Planning
Commission, and Board of Zoning Appeals was held on April 12, 2023. Article VI was discussed
during this worksession. Edits were provided and have been incorporated into the draft article.
Proposed Article Review
See Attachment B for the proposed article for review. During review, consider the editor’s footnotes.
The provided footnotes explain inclusions, omissions, modifications, etc.
See Attachment C for definitions pertinent to Articles VI and VII of the draft Ordinance.
See Attachment D, Guide to Use Performance Standards, for an explanation of what use performance
standards are and why they are important for inclusion in a Zoning Ordinance.
Attachment B: Article VII – Use Performance Standards
Berkley Group staff reviewed the County’s existing use performance standards and made proposed
changes and additions, as seen in Attachment B. The proposed use performance standards are suggested
to limit the impact of specific uses on surrounding property and the County at large. In some cases, the
existing use standards were kept, while reorganizing content for increased readability and adding new
standards as appropriate (e.g., Intensive Agriculture, Wayside Stands). In other cases, use performance
standards have been introduced for entirely new uses (e.g., Agritourism, Mobile Restaurant, Battery
Storage Facility, Data Center). At a minimum, the following uses will be discussed during the worksession:
• Intensive Agriculture
• Residential Agriculture
• Agritourism
• Short-Term Rentals
• Home Occupations
• Campground
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• Restaurant, Mobile
• Special Event
• Battery Energy Storage Facility
• Data Center
• Large- and Utility- Scale Solar Facilities
In addition, the Board of Supervisors, Planning Commission, and Board of Zoning Appeals are encouraged
to consider and recommend uses that may require additional use performance standards, such as noise,
placement (setbacks and proximity to other uses), number of allowed instances on a property, and others.
Next Steps
The Berkley Group will review any recommendations and comments for incorporation and continue
drafting ordinance articles. Topics to be discussed at the next meeting include:
• Article VIII, Community Design Standards
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Attachment A: Project Schedule and Progress
Project Schedule and Progress | Page 1 of 1
The project schedule below indicates major tasks and the target month of completion.
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ARTICLE VII. – Use Performance Standards1.
Division 1. General.
Section 7-1-1. Purpose and Intent.2
The following additional regulations apply to specific uses as set forth below. These regulations are
intended to serve as the minimum standards for these uses and are not intended to exclude other
provisions of this Ordinance that may apply. The standards set forth in this Article for a specific use
apply to the individual use, regardless of the review procedure by which it is approved, unless
otherwise specified in this Ordinance.
Section 7-1-2. Must Meet Other Regulations.
(A) Each use provided in this Article may also require permits and approvals, including:
(1) Zoning Permit;
(2) Special Use Permit;
(3) Site Development Plan Approval; and/or
(4) Other Pittsylvania County required permits, such as a business license.
(B) Applicants should consult with Pittsylvania County staff to ensure all permits and requirements are
met.
1 Editor’s Note: Unless otherwise noted, all following use performance standards are new additions and not provided
in the existing Ordinance.
2 Editor’s Note: Proposed to replace Section 35-111 in the existing Ordinance.
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Division 2. Agricultural Use Standards.
Section 7-2-1. Agriculture, Intensive.3
(A) Acreage.
(1) Beef or Dairy Cattle.
(i) Animal Units. Intensive beef or dairy cattle facilities shall be considered any confined and
fed agricultural operation with a minimum of 300 cattle.
(ii) Lot Area. Minimum lot area of 100 acres.
(2) Poultry.
(i) Animal Units. Intensive poultry facilities shall be considered any confided and fed
agricultural operation with a minimum of 16,500 turkeys or 30,000 laying hens or broilers.
(ii) Lot Area. Minimum lot area of 20 acres.
(3) Swine.
(i) Animal Units. Intensive swine facilities shall be considered any confined and fed
agricultural operation with at least 750 swine weighing 55 pounds or more.
(ii) Lot Area. Minimum lot area of 100 acres.
(4) Acreage for intensive agriculture uses is permitted to be non-contiguous if common ownership
can be proved.
(B) Setbacks.4
(1) Reductions. The setback requirements may be reduced by mutual consent of the owner of an
intensive poultry, livestock, or dairy operation and the owner of an existing dwelling.
(i) Consent shall be evidenced by a notarized affidavit stating the agreed upon setback
reduction and any proposed intensive agriculture structures intended to be subject to the
setback reduction.
(ii) The notarized affidavit shall be filed with the Administrator.
(2) Large swine operations.
(i) Swine operations of 7,400 to 9,400 hogs or 1,200 to 2,400 sows shall comply with the
following minimum setbacks:
(a) 500 ft. from any existing dwelling unit in the A-1 zoning district.
3 Editor’s Note: Standards for intensive agriculture uses are included in Section 35-189 of the existing Ordinance; they
have been reorganized and rewritten for clarity.
4 Editor’s Note: Section 35-189.3.3 of the existing Ordinance includes requirements for setbacks and buffering for
individuals constructing a new residential dwelling on property adjacent to an intensive agriculture use; these
requirements have been removed due to unreasonable burden on adjacent property owners.
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(b) 800 ft. from any existing dwelling unit in any other zoning district.
(ii) Swine operations of more than 9,400 hogs or 2,400 sows shall be located at least 1,800
ft. from any existing dwelling unit, regardless of the primary underlying zoning district.
(a) Setbacks may be reduced from 1,800 ft. to 1,500 ft. if a 10 ft. wide vegetative buffer
at least 6 ft. in height is planted.
(b) Setbacks may be reduced from 1,800 ft. to 1,000 ft. if a 10 ft. wide vegetative buffer
at least 6 ft. in height is planted, and mutual consent from the owner of an adjacent
dwelling is obtained as outlined in Section 7-2-1(B)(1), above.
(3) Operations other than large swine as noted above.
(i) All structures associated with intensive agriculture uses shall be located at least 250 ft.
from any property line.
(ii) All structures associated with intensive agriculture uses shall be located at least 250 ft.
from any private or public roadway.
(iii) All structures associated with intensive agriculture uses shall be located at least 300 ft.
from any existing dwelling unit in the A-1 zoning district, and at least 600 ft. from any
existing dwelling unit in all other zoning districts.
(a) Setbacks from existing dwelling units not in the A-1 zoning district may be reduced to
400 ft. if a Type D buffer is planted in accordance with Article VIII, Community Design
Standards, of this Ordinance.
(4) Lagoons and land application of manure. Any land application of manure, wastewater or
nutrient of any nature from a lagoon type treatment facility shall comply with those setback
requirements as outlined in Section 62.1- 44.17.1 of the State Water Control Law, 1994 and
the General Permit Regulation VR 680-14-01, regulatory citation 9 VAC 25-192.
(C) Permits and Plans.
(1) Site Development Plans. Prior to issuance of a building permit, all intensive agriculture uses
shall submit a Site Development Plan in accordance with Article III, Permits and Applications,
of this Ordinance.
(2) Nutrient Management Plans. All intensive agriculture uses shall submit an approved Nutrient
Management Plan and any required federal and state permits prior to the issuance of any
building or Zoning Permits for the use.
(i) After the effective date of this Ordinance, no intensive agriculture facility shall commence
operation until a Nutrient Management Plan has been reviewed and approved by the
Virginia Department of Conservation and Recreation or by the Virginia Cooperative
Extension Service or by a person certified or employed by the Commonwealth as a nutrient
management planner.
(ii) If off-site disposal is part of the Nutrient Management Plan, the operator shall provide, as
part of that Nutrient Management Plan, written documentation of an agreement with the
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receiver of the wastes produced at the operator's facility or a notarized affidavit, that
states the operator’s intention to dispose of the waste through sale in retail establishments
or otherwise marketing to consumers.
(a) Documentation shall specify the duration of the agreement and the nature of the
application or use of the wastes.
(b) 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.
(c) The operator shall notify the Administrator whenever such an agreement is terminated
before its stated expiration date within 15 days of such termination.
(iii) The facility shall also provide for a site, with or without a permanent structure, for the
storage of animal waste if required by the Commonwealth of Virginia and meet all
applicable standards.
(a) Notwithstanding the above, if an operator is unable to locate a storage site on the
same parcel of land because of insufficient acreage or topographical hardship, then
the Administrator, after consultation with the operator's engineer, may permit the
storage site to be located on adjacent land owned by the operator; or, if there is a valid
agreement for off-site disposal as provided in this Section, the Administrator may
permit the storage site be located on a parcel specified in the agreement for off-site
disposal.
(iv) The Nutrient Management Plan shall be reviewed and updated every 5 years by an agent
of the Virginia Department of Conservation and Recreation, the Virginia Cooperative
Extension Service, or by a person certified or employed by the Commonwealth as a
nutrient management planner.
(3) Certified Plat. The owner or operator of an intensive agriculture use constructed or completed
after the effective date of this Ordinance shall file with the Administrator a certified plat, which
shall include the following:
(i) The entire parcels on which the intensive agriculture facility is located; and
(ii) The location of the intensive agriculture facility within the parcel or parcels.
(iii) The owner or operator shall also include a written statement, sworn to and subscribed
before a notary public, certifying to the Administrator that the intensive agriculture facility
shown on the plat meets all applicable setback requirements of this Ordinance.
(D) Disposal of Dead Animals.
(1) The owner or operator, or any employee of an intensive agriculture use, shall only dispose of
dead animals by the following methods:
(i) An on-site composting facility;
(ii) An off-site rendering facility;
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(iii) An on-site incineration facility; or
(iv) Disposal in an approved Subtitle D landfill.
(v) Open pit disposal is expressly prohibited.
(vi) No owner or operator, or any employee of an intensive agriculture use, shall dispose of
dead animals in a public or private road, or knowingly leave a dead animal unburied upon
the property.
(E) Exemptions. The provisions of Chapter 29, Waste Ordinance, and Chapter 32, Solid Waste Siting, of
the Pittsylvania County Code shall not apply to intensive agriculture facilities.
Section 7-2-2. Agriculture, Residential.
(A) Applicability. This Section applies to lots of 10 acres or less.
(1) The keeping of livestock animals on 10 or more acres shall be considered an Agriculture use as
permitted in Article VI, Use Matrix, of this Ordinance, and defined in Article X, Definitions, of
this Ordinance.
(B) Definitions.
(1) Animal Unit: For the purpose of determining the number of livestock animals permitted to be
kept as residential agriculture, one (1) animal unit shall consist of domestic or domesticated
animals/fowl based on the following:5
(i) One (1) animal unit = one (1) adult bovine (cattle, buffalo);
(ii) two (2) juvenile bovine animals less than one (1) year old;
(iii) one (1) equine animal (horse, donkey, mule);
(iv) five (5) camelid animals (llamas, alpacas);
(v) five (5) capridae animals (goats);
(vi) two (2) porcine animals (pigs);
(vii) sixteen (16) small poultry (chickens, ducks);
(viii) eight (8) medium poultry (turkeys, geese); or
(ix) three (3) large poultry (ostriches, emus).
(C) Lot Area.6 There shall be a minimum of 1 acre per animal unit.
(D) Maximum Permitted.
(1) Maximum of 2 animal units in the R-1, RMF, and MHP zoning districts.
(2) Maximum of 4 animal units in the R-E and A-1 zoning districts.
5 Editor’s Note: Animal unit equivalents are based on best practice.
6 Editor’s Note: Recommended minimum to ensure animal safety and welfare.
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(E) Chickens.
(1) Lot Area. Minimum lot area of 20,000 sq. ft. per 8 chickens.
(2) Maximum Units. Maximum of 30 chickens.
(3) Setbacks.
(i) All enclosures, runs, and coops shall be located at least 10 ft. from any property line and
at least 30 ft. from any dwelling not owned by the applicant.
(4) General Standards.
(i) The keeping of chickens shall comply with all relevant state and federal laws.
(ii) The keeping of roosters shall be prohibited in the R-1, RMF, and MHP districts.
(iii) Chickens shall be used only for non-commercial domestic purposes. The harvesting of
chickens for commercial purposes is prohibited.
(iv) No enclosures, runs, or coops shall be located in a front setback or within the front yard
of a lot.
(a) The Administrator may grant an exception to this requirement in cases where due to
unusual lot configuration, steep slopes, or proximity of neighbors, another area of the
yard is more suitable for such an activity.
(v) Chickens shall not roam beyond the property line of the owner.
(a) In the R-1 and MHP districts, chickens shall always remain in a covered enclosure or
coop.
(vi) All coops shall provide at least 3 sq. ft. of area per chicken and all runs shall provide at
least 10 sq. ft. per chicken.
(F) Bees.
(1) Lot Area.
(i) 2 hives permitted with a minimum 15,000 sq. ft. of lot area.
(ii) 3 hives permitted with a minimum 20,000 sq. ft. of lot area.
(iii) 4 hives permitted with a minimum 25,000 sq. ft. of lot area.
(iv) 5 or more hives permitted with a minimum 1 acre of lot area.
(2) Setbacks.
(i) Located a minimum of 10 ft. to any property line and at least 30 ft. from any dwelling not
owned by the applicant.
(3) General Standards.
(i) Bees shall only include European Honeybees, otherwise known by the species name Apis
Mellifera.
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(ii) No hives shall be located in a front setback or within the front yard of a lot.
(iii) A constant supply of fresh water shall be provided on the lot within 20 ft. of all hives.
(iv) A fly away barrier of at least 6 ft. in height shall shield any part of a property line that is
within 25 ft. of a hive.
(a) Fly away barriers shall consist of dense vegetation, a wall, or a solid fence. Any wall or
fence shall comply with Article VIII, Community Design Standards, of this Ordinance.
(v) Any sale of bees on combs or hives, used beekeeping equipment, or appliances shall have
a certificate of health as required by the Code of Virginia § 3.2-4407, as amended.
(vi) A minor sign, in accordance with Article VIII, Community Design Standards, shall be
provided for reasonable warning of the presence of beehives.
(vii) Beekeepers shall abide by the Beekeeping Best Management Practices provided by the
Virginia Department of Agriculture.
Section 7-2-3. Agritourism.
(A) Applicability. This section applies only to events and activities and does not apply to the agricultural
operation itself.
(1) Any agriculture operation event may be held only if the bona fide agricultural operation to
which it is subordinate has:
(i) A minimum of 10 acres of land in active agricultural production on-site, or on any abutting
lot under the same ownership.
(a) For lots smaller than 10 acres, applicants may seek a Special Use Permit, in accordance
with Article III, Permits and Applications, of this Ordinance.
(ii) At least 1 growing season per calendar year.
(B) Trip Generation. The event or activity shall generate no more than 200 visitor vehicle trips per day
and each event or activity shall have 150 or fewer attendees at any single time.
(1) Events or activities that generate more than 200 visitor vehicle trips per day shall require a
Special Use Permit, in accordance with Article III, Permits and Applications, of this Ordinance.
(C) Noise. All noise shall comply with Chapter 41, Noise Control, of the Pittsylvania County Code.
(1) There shall be no amplified music between 10:00 p.m. and 7:00 a.m., seven days a week.
(D) Structures. Any structure intended for occupancy by members of the public shall provide
emergency vehicle access and fire and safety measures to the extent permissible under the VA
Administrative Code 13VAC5-63-20 and VA Administrative Code 13VAC5-63-200.
(E) Sanitary facilities. Sanitary facilities used in conjunction with an agritourism event shall be provided
in accordance with Virginia Department of Health standards set forth in the Virginia Administrative
Code 12VAC5-610-980, as amended.
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(F) Food and beverage items. All food and beverage items available for sale shall be prepared in
accordance with applicable federal, state, and local regulations.
(G) Parking.
(1) Adequate parking shall be provided that prevents dust and mud from leaving the site to the
extent possible. No parking shall be allowed on highway rights-of-way.
(2) Grass parking area shall be maintained to grass height of no more than 6 in. from grade.
(3) Grass parking areas shall be maintained in good condition with uniform grass coverage and
free from rill or gully erosion.
(H) Access. All agritourism operations shall have a minimum of one access point to a state-maintained
road.
Section 7-2-4. Processing Facility, Small-Scale.
(A) Exempt. In accordance with the Code of Virginia, the slaughtering and processing of animals raised
and/or kept on the associated parcel, and used for personal use by the owner, is exempt from
these provisions.
(B) Minimum Lot Area.
(1) Minimum lot area of 5 acres.
(C) Location. No portion of the use, excluding required screening and landscape buffers, shall be
located within:
(1) 200 ft. from any property lines; and
(2) 500 ft. from any dwelling not on the associated parcel.
(D) Customers.
(1) No more than 5 customers daily.
(E) Hours of Operation.
(1) Hours of operation shall be limited to Monday through Saturday, 7:00 a.m. to 8:00 p.m.
(F) Noise. All noise shall comply with Chapter 41, Noise Control, of the Pittsylvania County Code.
(G) Compliance. All operations of the Small-Scale Processing Facility, including the handling and
disposal of waste, shall operate in compliance with all applicable state, federal, and local
regulations, including the Pittsylvania County Code, Virginia Department of Health regulations, U.S.
Department of Agriculture regulations, and Virginia Department of Agriculture and Consumer
Services regulations, as applicable.
(H) General Standards.
(1) All activity associated with the meat processing facility shall be performed within a completely
enclosed building.
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(2) Entrances shall be approved and in accordance with Virginia Department of Transportation
(VDOT) standards for commercial entrances.
(3) Exterior storage of meat processing related equipment, trailers, materials, or otherwise shall
be screened from view using plantings, fences, walls, or other appropriate means so as to not
be visible from any public right-of-way. If a fence or masonry wall is used, it shall be painted or
stained and kept in a state of good repair.
Section 7-2-5. Stable, Commercial.
(A) Lot Area. Minimum of 2 acres for one horse, plus 1 additional acre for each additional horse.
(B) Location.
(1) Any buildings, barns, pens, and areas for the keeping of animals or animal waste storage shall
be located at least 75 ft. from any lot line, highway, or other right-of-way for passage.
(C) General Standards.
(1) Riding surfaces shall be covered and maintained with a substance to minimize dust and erosion.
(2) Fencing and other means of animal confinement shall be maintained at all times.7
(3) Pens, stalls, and grazing areas shall be maintained in a sanitary manner.
Section 7-2-6. Stable, Private.
(A) Lot Area. Minimum of 2 acres for one horse, plus 1 additional acre for each additional horse.
(B) Location.
(1) Any buildings, barns, pens, and areas for the keeping of animals or animal waste storage shall
be located at least 75 ft. from any lot line, highway or other right-of-way for passage.
(C) General Standards.
(1) Riding surfaces shall be covered and maintained with a substance to minimize dust and erosion.
(2) Fencing and other means of animal confinement shall be maintained at all times.8
(3) Pens, stalls, and grazing areas shall be maintained in a sanitary manner.
Section 7-2-7. Wayside Stands.9
(A) Location. Wayside stands, including vehicles, shall be located at least 35 ft. from any highway or
other right-of-way for passage.
(B) General Standards.
(1) Wayside stands shall not exceed 600 sq. ft. in aggregate floor area.
7 Editor’s Note: This requirement is included in Section 35-114 of the current Ordinance.
8 Editor’s Note: This requirement is included in Section 35-114 of the current Ordinance.
9 Editor’s Note: Proposed to replace Section 35-130 of the current Ordinance.
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Division 3. Residential Use Standards.
Section 7-3-1. Bed and Breakfast.
(A) Owner/Operator Occupied. Bed and breakfasts may be allowed as accessory to a single-family
detached dwelling and shall be occupied by the owner/operator during operation.
(B) Licensure. The operator shall hold a valid business license from the County and, where applicable,
a permit from the Virginia Department of Health.
(C) Registration.
(1) The operator of a bed and breakfast shall maintain a log of all patrons, including their name,
address, and their length of stay. The log shall be made available to County staff upon request.
(2) Guests may stay no longer than 30 consecutive days in any six-month period.
(D) General Standards.
(1) Signage and parking shall comply with the regulations of Article VIII, Community Design
Standards, of this Ordinance.
(2) Every room occupied for sleeping purposes shall comply with the Uniform Statewide Building
Code.
(3) Guest rooms shall not have cooking facilities.
(4) Food services in connection with the use shall be limited to meals provided to guests taking
lodging at the facility. Restaurant service open to the general public is a separate use,
permitted according to the underlying district regulations.
(5) Additional activities, including receptions, parties, and other events, are not permitted unless
specifically authorized under a Special Use Permit.
Section 7-3-2. Dwelling, Accessory.
(A) Special Use Permit Required. A Special Use Permit in accordance with Article III, Permits and
Applications, will be required if the provided standards in this Section cannot be met.
(B) General Limitations.
(1) An accessory dwelling is allowed only as accessory to a single-family detached dwelling.
(2) An accessory dwelling may be within (e.g., a downstairs or upstairs apartment), or attached to
the principal dwelling or exist as a detached building (e.g., an apartment above a detached
garage or in a guesthouse).
(i) If detached from the principal structure, the accessory dwelling shall be separated from
the principal structure by a distance of at least 15 ft.10
10 Editor’s Note: This requirement is included in Section 35-74.2 of the current Ordinance.
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(3) The accessory dwelling shall not be subdivided or otherwise segregated in ownership from the
principal dwelling.
(C) General Standards.
(1) An accessory dwelling shall not be offered, leased, or rented for tenancies of less than 30 days;
this would be considered a Short-Term Rental, as defined in Article X, Definitions, of this
Ordinance and as permitted in Article VI, Use Matrix, of this Ordinance.
(2) An accessory dwelling shall obtain all proper permits and comply with all applicable
requirements of the Virginia Department of Health and the Virginia Uniform Statewide Building
Code.
(3) A recreational vehicle, travel trailer, camper, or similar vehicle, or manufactured home shall
not be used as an accessory dwelling.
(4) Maximum of one kitchen per accessory dwelling.
(D) Development Standards.
(1) Lot Area.
(i) Agricultural and Conservation Districts:
(a) All lots: 2 acres.
(ii) Residential and Planned Development Districts:
(a) With public water and sewer: 15,000 sq. ft.
(b) With public water OR sewer: 1 acre.
(c) No public water or sewer: 2 acres.
(2) Limit. Maximum of 1 accessory dwelling per lot.
(3) Maximum Size.
(i) The floor area of a detached or attached accessory dwelling shall not exceed 800 sq. ft. or
40% of the finished floor area of the principal dwelling (excluding carports, garages, and
unfinished basements), whichever is greater.
(ii) An accessory dwelling that is contained within a single-family dwelling, such as a basement
or attic, shall not exceed the existing finished square footage of the primary dwelling’s first
floor footprint.
(4) Setbacks.11
(i) A detached accessory dwelling shall not be closer than fifteen (15) feet to the rear or side
lot line or a principal dwelling unit.
11 Editor’s Note: These regulations are included in Section 35-74.2 of the current Ordinance.
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(ii) No detached accessory dwelling shall be located in a front setback or within the front yard
of a lot.
(E) Design Standards.12
(1) A detached accessory dwelling shall not cover more than 30% of the total yard area.
(2) Where an accessory dwelling is attached to the principal structure, at least 50% of one wall of
the accessory dwelling shall be an integral part of the principal structure.
(3) A minimum of 1 off-street parking space shall be provided in addition to those required for the
principal dwelling.
(4) No additional driveways shall be created.
(i) The Administrator may waive this requirement and allow an additional driveway if the
applicant can demonstrate the need for an additional driveway.
(5) Accessory dwellings should be architecturally compatible to the principal dwelling.
Section 7-3-3. Dwelling, Manufactured Home.13
(A) The manufactured home shall comply with the Virginia Manufactured Housing Construction and
Safety Standards Law.
(B) The manufactured home dwelling shall be placed on a permanent foundation and shall comply with
the requirements of the Virginia Uniform Statewide Building Code, including skirting requirements.
(C) Manufactured home dwellings shall not be joined or connected as one dwelling, nor shall any
accessory building, excluding decks or similar structures, be attached to a manufactured home
dwelling. This does not prohibit manufactured home dwellings designed and manufactured as
multi-section homes.
Section 7-3-4. Dwelling, Multi-Family.
(A) Spacing Between Buildings. Minimum distance between buildings shall be 15 ft.
(B) Pedestrian Access. Pedestrian access shall be provided with a dustless surface to all common area
elements, including mail kiosks, parking lots, refuse collection areas, recreational amenities, and to
adjoining properties and along public roadways.
(C) Roads and Private Pavement. All roads and private pavement shall have concrete curb and gutter.
12 Editor’s Note: (1), (2), and (3) are included in Section 35-74.2 of the current Ordinance; they have been amended
for clarity.
13 Editor’s Note: Chapter 28 of the Pittsylvania County Code includes regulations for manufactured homes,
manufactured home parks, and site development plans for manufactured homes and home parks. These regulations
are largely consistent with those of Articles III, IV, and VII of the draft Zoning Ordinance. Recommend repealing
Chapter 28 upon adoption of the updated Zoning Ordinance to allow the Zoning Ordinance to govern and eliminate
any inconsistencies.
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(D) Screening of Mechanical Equipment and Refuse Collection. Whether ground level or rooftop, any
refuse collection or mechanical equipment visible from adjacent property or roads shall either be
integrated into the architectural treatment of the building or screened from view in accordance
with Article VIII, Community Design Standards, of this Ordinance.
(E) General Design and Building Layout. The development shall be designed with special attention to
compatibility of adjacent land uses, topography, existing vegetation, and orientation. The
development shall incorporate an attractive building layout that relates to and enhances natural
vegetation and terrain or incorporates natural design features, such as preservation of scenic vistas
or other unique elements of the site.
(F) Architecture Standards.
(1) Buildings shall be designed to impart harmonious proportions and avoid monotonous facades
and large masses.
(2) Buildings shall maintain architectural variety, while at the same time maintaining an overall
cohesive residential character.
(i) Residential character shall be achieved through the creative use of design elements such
as, but not limited to, balconies, terraces, articulation of doors and windows, sculptural or
textural relief of facades, architectural ornamentation, or varied roof lines.
(G) Guest Parking. Guest parking spaces/areas shall be provided at the minimum number of spaces
provided in Article VIII, Community Design Standards, of this Ordinance. Guest parking areas shall
be provided on the same lot as the multi-family dwelling, and to the extent possible, should be
located in a way to be centrally accessible by all buildings/units.
Section 7-3-5. Dwelling, Townhouse.
(A) Placement. No more than 6 adjoined townhouses shall be constructed in a single row.
(B) Architectural Treatment of Townhouses. The facades of each unit of a townhouse structure shall
be varied by utilizing variations in materials or design.
(C) Vehicular Access.14 Each townhouse unit shall have unencumbered access from a dedicated public
street that is built to Virginia Department of Transportation standards.
(D) Pedestrian Access. Pedestrian access shall be provided with a dustless surface to all common area
elements, including mail kiosks, parking lots, refuse collection areas, recreational amenities,
adjoining properties, and along public roadways.
(E) Guest Parking. Parking for each townhouse’s guests shall be provided on the same lot, or within 25
ft. of the townhouse, and designed in accordance with Article VIII, Community Design Standards,
of this Ordinance.
(F) Roads and Private Pavement. All roads shall have concrete curb and gutter.
14 Editor’s Note: This standard can be changed to allow for private alleys that are not required to be built to VDOT
standards, if desired.
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(G) Landscaping and Buffers. Landscaping shall be installed as required in Article VIII, Community
Design Standards, of this Ordinance.
(H) Screening of Mechanical Equipment and Refuse Collection. Whether ground-level or rooftop, any
refuse collection or mechanical equipment visible from adjacent property or roads shall either be
integrated into the architectural treatment of the building or screened from view in accordance
with Article VIII, Community Design Standards, of this Ordinance.
(I) Stormwater. Any permanent wet pond stormwater best management practice (BMP) shall be
designed and developed as a water feature amenity or designed and landscaped in a manner
consistent with the surrounding development. Wet ponds shall include adequate aeration features
for movement of water.
(J) Open Space and Amenities. In any townhouse project resulting in the creation of any open space
and amenities thereon, broadly defined, the maintenance and upkeep of such areas and elements
shall be provided for by an arrangement acceptable to the County and in compliance with this
Article or applicable state statutes.
Section 7-3-6. Family Health Care Structure, Temporary.
(A) Development Standards.
(1) All temporary family health care structures shall comply with all setback requirements that
apply to the primary structure.
(2) Only 1 family health care structure shall be allowed on a lot or parcel of land.
(3) The structure shall be no more than 300 gross sq. ft. and shall comply with all applicable
provisions of the Industrialized Building Safety Law (§ 36-70 et seq.) and the Uniform Statewide
Building Code (§ 36-97 et seq.).
(B) General Standards.
(1) Any family health care structure shall comply with all applicable requirements of the Virginia
Department of Health.
(2) No signage shall be permitted on the exterior of the structure or anywhere on the property.
(3) Any temporary family health care structure shall be removed within 60 days of the date on
which the temporary family health care structure was last occupied by a mentally or physically
impaired family member receiving services or assistance.
Section 7-3-7. Home Occupation, Class A.
(A) Size of Use. The maximum area permitted in conjunction with a home occupation shall be as
follows:
(1) No more than 500 sq. ft. or 30% of the floor area of the dwelling, whichever is greater, or
(2) Up to 100% of the floor area of an accessory structure.
(B) Employees and Customers.
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(1) There shall be no employees other than family members residing in the dwelling unit.
(2) Customers shall be prohibited from coming to the site.
(C) General Standards.15
(1) There shall be no change in the exterior of the structure and/or property to indicate the home
occupation use.
(i) Signage advertising the home occupation use shall be prohibited.
(2) No equipment or process shall be used which creates noise, vibrations, glare, fumes, odors, or
electrical interference detectable off the property.
(3) Exterior storage of business-related equipment, trailers, materials, or merchandise is
prohibited.
(4) The type of traffic generated by the home occupation shall be consistent with the type of traffic
of other dwellings in the area.
Section 7-3-8. Home Occupation, Class B.
(A) Size of Use. The maximum area permitted in conjunction with a home occupation shall be as
follows:
(1) No more than 500 sq. ft. or 40% of the floor area of the dwelling, whichever is greater, or
(2) Up to 100% of the floor area of an accessory structure.
(B) Employees and Customers.
(1) No more than 2 full- or part-time employees, other than family members residing in the
dwelling unit, shall be permitted at the dwelling unit for business purposes.
(2) No more than 5 customers may be on the property at any one time.
(i) Customers may come to the site by appointment only.
(C) Hours of Operation.
(1) Hours of operation shall be limited to Monday through Saturday, 8:00 a.m. to 8:00 p.m.
(D) General Standards.
(1) There shall be no change in the exterior of the structure and/or property to indicate the home
occupation use.
(2) One minor sign shall be permitted, in accordance with Article VIII, Community Design
Standards, of this Ordinance.
15 Editor’s Note: (1), (2), and (3) are regulations included in Section 35-40 of the current Ordinance. They have been
reworded for clarity.
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(3) No equipment or process shall be used which creates noise, vibrations, glare, fumes, odors, or
electrical interference detectable off the property.
(4) Sufficient parking shall be provided for the allowed number of customers, and in accordance
with Article VIII, Community Design Standards, of this Ordinance.
(i) Parking area(s) shall be provided on the lot that the home occupation is associated with
and shall not be on any streets or rights-of-way.
(5) Exterior storage of business-related equipment, trailers, materials, or merchandise is
prohibited.
(6) The type of traffic generated by the home occupation shall be consistent with the type of traffic
of other dwellings in the area.
Section 7-3-9. Short-Term Rental.
(A) Definitions. The following shall apply as used in this section:
(1) Guest or transient. A person who occupies a short-term rental unit.
(2) Short-term rental. A residential dwelling unit that is used or advertised for rent for transient
occupancy in increments of fewer than 9216 consecutive days. This use type does not include
bed-and-breakfast establishments and does not apply to month-to-month extensions following
completion of a year’s lease.
(3) Primary resident (or host). The owner of the short-term rental unit, or lessee of the short-term
rental unit with a lease agreement that is one year or greater in length, who occupies the
property as his or her principal place of residence and domicile. In determining compliance
with these regulations, the host has the burden of demonstrating that the dwelling unit is his
or her primary residence.
(4) Residential dwelling unit. A residence where one or more persons maintain a household.
(B) Registration and other requirements.
(1) No host shall operate a short-term rental business without having registered with the
Administrator as required by Virginia Code § 15.2-983, as amended.
(2) The Administrator will report all registrations to the Pittsylvania County Commissioner of the
Revenue for the collection of all appropriate tax, including transient lodging tax, and any
required business licensure fees.
(3) The registration form shall include the following information:
(i) The name, telephone number, address, and email address of the host.
(ii) A reminder about the importance of having appropriate levels of insurance that covers the
short-term rental, the host, and the guests.
16 Editor’s Note: The day-limit aligns with that which is provided in Code of Virginia § 58.1-3510.4.
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(4) The registration shall be valid January 1st (or from whatever date the registration first occurs)
through December 31st of the calendar year and shall be renewed annually.
(C) Use Regulations.
(1) The unit shall meet all applicable building codes.
(2) One minor sign shall be permitted, in accordance with Article VIII, Community Design
Standards, of this Ordinance.
(3) No recreational vehicles, buses, travel trailers, or manufactured homes shall be used in
conjunction with the short-term rental use to increase the occupancy of the rental unit.
(4) The host shall not permit occupancy of a short-term rental unit for a period of less than
overnight, or more than 9217 consecutive days, including all extensions and renewals to the
same person or a person affiliated with the lessee, in accordance with Code of Virginia § 58.1-
3510.4, as amended.
(5) The physical and aesthetic impact of required off-street parking shall not be detrimental to the
existing character of the house and lot or to the surrounding neighborhood.
(6) All noise shall comply with Chapter 41, Noise Control, of the Pittsylvania County Code.
(i) There shall be no amplified music between 10:00 p.m. and 7:00 a.m., seven days a week.
(7) All trash shall be stored in closed containers and properly disposed of upon the conclusion of
each rental period.
(D) Registration Revocation, Suspension, or Cancellation.
(1) A registration may be revoked, suspended, or cancelled for the following reasons:
(i) Failure to collect and/or remit the transient occupancy tax or other business taxes required
by Pittsylvania County.
(ii) 3 or more substantiated complaints (including, but not limited to, noise and excess trash)
within a rolling 12-month period.
(2) A formal complaint shall be filed with the Administrator to be considered received.
(i) If violations occur, as supplied in (D)(1), above, the Administrator may revoke, suspend, or
cancel the registration.
(3) Before any revocation, suspension, or cancellation can be effective, the Administrator shall
give written notice to the short-term rental host.
(i) The notice of revocation, suspension, or cancellation issued under the provisions of this
Ordinance shall contain:
(a) A description of the violation(s) constituting the basis of the suspension or
cancellation; and
17 Editor’s Note: This timeframe aligns with what is permissible under Code of Virginia § 58.1-3510.4.
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(b) If applicable, a statement of acts necessary to correct the violation.
(4) In accordance with Article III, Permits and Applications, of this Ordinance, an applicant may
appeal the Administrator’s decision for revocation, suspension, or cancellation of the
registration.
(E) Penalty.
(1) Any short-term rental business in violation of zoning regulations, including operation without
registering, is subject to all relevant penalties as set forth by Pittsylvania County.
(2) It shall be unlawful to operate a short-term rental:
(i) Without obtaining a business license and a registration as required by this Article;
(ii) After a registration has been suspended or cancelled; or,
(iii) In violation of any other requirement of this Article.
Division 4. Public, Civic, and Recreational Use Standards.
Section 7-4-1. Camp.
(A) Lot Area. The minimum area for a camp shall be 5 contiguous acres.
(B) Structures.
(1) Multiple structures such as cabins, lodges, gyms, and dining facilities may be constructed on
the property, provided that all structures comply with the setback requirements for a principal
structure from adjoining property lines.
(2) All structures shall comply with all applicable requirements of the Virginia Department of
Health and the Virginia Uniform Statewide Building Code.
(3) Any structure intended for occupancy shall provide emergency vehicle access and fire and
safety measures to the extent permissible under the VA Administrative Code 13VAC5-63-20
and VA Administrative Code 13VAC5-63-200.
(4) Recreational vehicles, travel trailers, and manufactured homes are prohibited.
(C) Sanitary facilities. Sanitary facilities used at a camp shall be provided in accordance with Virginia
Department of Health standards set forth in the Virginia Administrative Code 12VAC5-610-980, as
amended.
(D) Food Items. All food items shall be prepared in accordance with applicable federal, state, and local
regulations.
(E) Noise. All noise shall comply with Chapter 41, Noise Control, of the Pittsylvania County Code.
(1) There shall be no amplified music between 10:00 p.m. and 7:00 a.m., seven days a week.
(F) General Standards.
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(1) Provisions for outdoor cooking, campfires, bonfires, and fire pits shall be subject to approval
of the Pittsylvania County Fire Marshal.
(2) Any camp shall comply with all applicable requirements of the State Board of Health.
(3) Prior to operation, all camps shall obtain a license and other required documentation in
accordance with Code of Virginia § 35.1-18, as amended.
Section 7-4-2. Campground.
(A) Lot Area. The minimum area for a campground shall be 3 contiguous acres.18
(B) Applications.
(1) Prior to construction, the owner/operator of a campground shall submit a Site Development
Plan to the Administrator in accordance with Article III, Permits and Applications, of this
Ordinance.
(C) Permanent Residences. No more than 1 permanent residence shall be allowed in a campground,
which shall only be occupied by the owner or operator.
(D) Registration.
(1) The campground operator shall maintain a log of all patrons, including their name, address,
license plate number and state, and their length of stay. The log shall be made available to
County staff upon request.
(2) Patrons in campgrounds may stay no longer than 14 nights in any 60-day period or 45 nights
in any one calendar year.
(E) Service Buildings. The campground’s service buildings, including restrooms and all sanitary facilities,
shall be provided in accordance with all applicable Virginia Department of Health requirements.19
(F) Water Supply. An adequate supply of water shall be furnished in accordance with Virginia
Department of Health standards.20
(G) Noise. All noise shall comply with Chapter 41, Noise Control, of the Pittsylvania County Code.
(1) There shall be no amplified music between 10:00 p.m. and 7:00 a.m., seven days a week.
(H) Lighting. Any lighting that is provided on the campground will be directed downwards, so as to not
produce a glare on adjoining properties, and shall comply with all applicable standards of Article
VIII, Community Design Standards, of this Ordinance.
(I) Individual Site Standards.21
18 Editor’s Note: The minimum lot area is the same as that included in Section 35-138(2) of the current Ordinance.
19 Editor’s Note: Included in Section 35-138(4) of the existing Ordinance but modified for clarity.
20 Editor’s Note: Included in Section 35-138(4)(b) of the existing Ordinance but modified for clarity.
21 Editor’s Note: Individual site standards are included from Section 35-138(2) of the existing Ordinance. Individual
campsite setbacks have been increased to 25 ft. from all property lines to reduce adverse impacts of campsites on
adjacent residential properties.
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(1) Individual sites shall be no less than 1,600 sq. ft.
(2) Each site shall have a minimum width of 25 ft.
(3) There shall be no more than 20 sites per acre.
(4) All individual sites must be setback at least 25 ft. from all property lines.
(5) Each individual site shall also have 1 parking space, with minimum dimensions of 10 ft. by 20
ft.
(J) General Standards.
(1) Main campground roads shall be paved or treated to prevent dust.
(2) All campgrounds shall have a permanent sign at their entrance designating the name of the
campground. Signage shall be designed in accordance with Article VIII, Community Design
Standards, of this Ordinance.22
(3) The overall design shall evidence a reasonable effort to preserve the natural amenities of the
site.
(4) Retail sales for the convenience of campground tenants are permitted. Items are limited to
food, concessions, recreational supplies, personal care items, and other items clearly
supportive of campground tenants' needs.
(5) Structures for ancillary retail sales shall be no more than 10% of the total campground, or 1
acre, whichever is lesser.
(6) Accessory structures or recreation facilities, washrooms, swimming pools, game courts, and
the like shall not be located closer than 100 ft. to any campground boundary or closer than 200
ft. to any lot in a residential district.
(7) The parking, sale, and/or storage of recreational vehicles is strictly prohibited; nothing herein
prohibits an applicant from seeking the permits for a Recreational Vehicle Storage Facility, as
provided in Article VI, Use Matrix, of this Ordinance and Section 7-5-9 of this Article.
(K) Open Space. No less than 5% of the total acreage shall be reserved as common open space, broadly
defined, and recreation facilities.
(1) Open space shall not include setback areas, pedestrian ways, parking areas, or streets.
(L) Refuse.
(1) General. All bulk solid waste receptacles shall be maintained in a clean condition. Such
receptacles shall be enclosed on all four sides to shield them from public view or from
unauthorized access.
22 Editor’s Note: This standard is included in Section 35-138(2) of the current Ordinance but has been amended slightly
to allow Article VIII to govern design of signage, and to remove outdated requirements.
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(2) Health and Safety. The storage, collection, and disposal of garbage in the campground shall not
create health hazards, rodent harborages, insect breeding areas, accident or fire hazards, or
air pollution.
(3) Collection. All garbage shall be collected at least twice weekly and transported from the
campground. The owner of the campground shall be responsible for providing this service.
Section 7-4-3. Campground, Primitive.
(A) General Standards.
(1) Permanent occupancy shall be prohibited. No camping unit shall be used as a permanent place
of abode, dwelling, or business or for indefinite periods of time.
(i) Primitive campground users may stay no longer than 10 nights in any 60-day period or 45
nights in any one calendar year.
(B) Occupancy.
(1) Maximum of two sites with no more than six individuals per site.
(C) Refuse. All waste and garbage shall be kept in sealed containers or bags and properly disposed of
at a trash collection site upon conclusion of the visit. On-site dumping shall be prohibited.
Section 7-4-4. Club.23
(A) Setbacks. All clubs shall have a minimum setback of 75 ft. from all property lines, and a minimum
setback of 125 ft. from any existing residential dwelling unit.
(1) Minimum setbacks may be reduced to 25 ft. if the adjacent property is commercially or
industrially zoned.
(B) Events. Subordinate events and fund-raising activities such as bingo, raffles, and auctions shall be
conducted in enclosed buildings only.
(1) No such activity shall be conducted between the hours of 11:00 p.m. and 8:00 a.m, seven days
a week.
Section 7-4-5. Telecommunications Facility.
(A) Uses.
(1) Principal or accessory use. For the purposes of determining compliance with the standards of
this Ordinance, telecommunications facilities may be considered either principal or accessory
uses.
(i) An existing use or an existing structure on the same lot shall not preclude the installation
of a telecommunications facility on such lot.
23 Editor’s Note: Standards for events at clubs have been retained from Section 35-113 of the existing Ordinance.
Setbacks have been proposed as additional standards for compatibility with any adjacent agricultural or residential
uses.
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(ii) For purposes of determining whether the installation of a telecommunications facility
complies with district regulations, the dimensions of the entire lot shall control, even
though the facility may be located on leased area within such lots.
(2) Nonconforming Uses. Telecommunications facilities that are constructed, and antennas that
are installed, in accordance with the provisions of this Section shall not be deemed to
constitute the expansion of a nonconforming use or structure.
(3) Excluded Uses. The following uses are not subject to the requirements of this Section for
telecommunications facilities:
(i) Amateur radio operations as regulated by § 15.2-2293.1 of the Code of Virginia, as
amended.
(ii) Television reception antennas that are less than 35 ft. above ground level (AGL) and used
exclusively for non-commercial purposes.
(iii) Ground-mounted satellite earth station antennas that are less than or equal to 10 ft. AGL,
less than or equal to 6 ft. in diameter, and used exclusively for non-commercial purposes.
(iv) Micro-wireless facilities, provided that they are less than or equal to 80 ft. AGL. Co-
location of additional antennae should be sought. The County reserves the right to require
“stealth technology” to hide or camouflage wireless facilities for micro-wireless facilities.
(v) Satellite earth station antennas. Ground-mounted satellite earth station antennas that are
less than or equal to 10 ft. AGL, less than or equal to 6 ft. in diameter, and used exclusively
for non-commercial purposes.
(vi) County owned or operated wireless telecommunication facilities are exempt from the
requirements of this Article, but are expected to adhere, to the extent reasonably possible,
to the goals described herein.
(vii) Any wireless communication antenna that meets the definition of an “Administrative
review-eligible project” as defined in the Code of Virginia § 15.2-2316.6, as amended, is
considered a “Utility Service, Minor” by this Article and is not subject to the provisions of
this Section.
(B) Local Government Access. Owners of all new telecommunication facilities shall provide, at no cost
to the County, colocation opportunities as a community benefit to improve radio communication
for County departments and emergency services (including both tower space and sheltered
equipment space on the ground). All proposals for a telecommunication facility shall acknowledge
the critical role of the County’s radio system for emergency services including fire, rescue, and law
enforcement personnel and shall warrant that no interference with the County’s radio system shall
result from such installation.
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(C) Location Preference24. The following sites shall be considered by applicants as the preferred order
of location of proposed telecommunications facilities, (1) being the most preferred, and (5) being
the least preferred:
(1) Existing telecommunication facilities (towers).
(2) Co-locating on structures, such as water towers, utility structures, fire stations, bridges,
steeples, and other buildings not utilized primarily for residential uses.
(3) Property zoned agricultural.
(4) Property zoned commercial or industrial.
(5) Property zoned residential.
(D) Co-Location Requirements.
(1) Existing towers may be extended to allow for additional users provided that the overall height
of the tower is not increased by more than 15 ft. for each new user and that the overall height
of the structure does not exceed 199 ft.
(2) No new tower shall be permitted unless the applicant demonstrates to the reasonable
satisfaction of Pittsylvania County that no existing tower or structure can accommodate the
applicant’s proposed antenna. Evidence submitted to demonstrate that no existing tower or
structure can accommodate the applicant’s proposed antenna shall consist of the following
minimum information:
(i) No existing towers or structures are located within the geographic area required to meet
applicant’s engineering requirements;
(ii) Existing towers or structures are not of sufficient height to meet applicant’s engineering
requirements;
(iii) Existing towers or structures do not have sufficient structural strength to support
applicant’s proposed antenna and related equipment;
(iv) The applicant’s proposed antenna would cause electromagnetic interference with the
antenna on the existing towers or structures, or the antenna on the existing towers or
structures would cause interference with the applicant’s proposed antenna;
(v) The fees, costs, or contractual provisions required by the owner in order to share an
existing tower or structure or to adapt to an existing tower or structure for sharing are
unreasonable; and;
(vi) The applicant demonstrates that there are other limiting factors that render the existing
towers and structures unsuitable.
(E) Design Standards.
24 Editor’s Note: This list can be amended and rearranged to the preference of the County, or altogether removed.
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(1) Broadcasting or communication towers shall be of a monopole design unless the Board of
Supervisors determines that an alternative design would better blend into the surrounding
environment.
(2) Towers shall be designed to collapse fully within the lot lines of the subject property in case of
structural failure.
(3) Unless utilizing camouflaging designs, towers shall either maintain a galvanized steel finish, or,
subject to any applicable standards of the Federal Aviation Administration (FAA), be painted a
neutral color, to reduce visual obtrusiveness.
(4) Dish antennas will be of a neutral, non-reflective color with no logos. Towers that are painted
shall be repainted if the original color has significantly degraded as the result of fading, peeling,
flaking, or rust.
(5) At a facility site, the design of the buildings and related structures shall, to the extent possible,
use materials, colors, textures, screening, and landscaping that will blend the tower facilities
to the natural setting and surrounding structures.
(6) If an antenna is installed on a structure other than a tower, the antenna and supporting
electrical and mechanical equipment shall be of a neutral color that is identical to, or closely
compatible with, the color of the supporting structure to make the antenna and related
equipment as visually unobtrusive as possible.
(7) Towers shall be illuminated as required by the Federal Communications Commission (FCC), but
no lighting shall be incorporated if not required by the FCC, other than essential security
lighting. Site lighting shall be full cut-off and directed downward. When incorporated into the
approved design of the tower, light fixtures shall be used to illuminate ball fields, parking lots,
or other similar areas may be attached to the tower.
(8) No advertising of any type shall be placed on the tower or accompanying facility.
(9) All towers shall meet or exceed current standards and regulations of the FAA and the FCC, and
any other agency of the federal government with the authority to regulate towers and
antennas. Towers that are painted, as required by the FAA, shall be repainted as necessary to
maintain minimum visibility requirements as set forth by the FAA.
(10) To ensure structural integrity of towers, the owner of a tower shall ensure that it is maintained
in compliance with standards contained in applicable federal, state, and local building codes
and regulations.
(11) The area immediately surrounding the tower and access road shall be kept free of trash and
debris.
(12) All electrical devices, fixtures, and wires, to include electric generators and fuel tanks, shall be
maintained in compliance with the requirements of the National Electrical Safety Code.
(13) Tower owners shall maintain towers, telecommunication facilities, and antenna support
structures in safe condition so that the same shall not menace or endanger the life or property
of any person.
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(F) Setbacks. The following setback distances for towers shall be required and shall replace the setbacks
otherwise required in the zoning district in which the facility is located.
(1) The tower shall be set back from any off-site residential structure at least 400 ft.
(2) Towers, guys, and accessory facilities shall be set back:
(i) 100 ft. from any property line which abuts a residential or agricultural district; and
(ii) 50 ft. from any property line which abuts a commercial or industrial district.
(3) No habitable structures or places where people gather shall be located within any “fall zone”
as certified by a registered professional engineer licensed in Virginia.
(4) A tower’s setback may be reduced or its location in relation to a public street varied, at the sole
discretion of the Board of Supervisors, to allow the integration of a tower into an existing or
proposed structure such as a church steeple, light pole, utility pole, water tower, public facility,
or similar structure.
(G) Height Restrictions. Telecommunication facilities shall be designed not to exceed an overall height
of 199 ft. except as otherwise approved in the conditions of the Special Use Permit.
(H) Security Fencing. Ground-mounted towers and equipment shall be enclosed by security fencing to
protect against unauthorized access. Unless otherwise specified, a minimum 6 ft. high chain link
fence, incorporating an anti-climb device and locked access gate, shall be provided.
(I) Landscaping. Tower facilities shall be landscaped with a buffer of plant materials that effectively
screens the view of the support buildings from adjacent property. The standard buffer shall consist
of a landscaped strip at least 4 ft. wide outside the perimeter of the facilities.
(1) Natural vegetation sufficient to serve as a buffer may be used in lieu of planting a landscaped
buffer.
(2) Existing mature tree growth and natural landforms on the site shall be preserved to the
maximum extent possible.
(3) All plant material, used as landscaping and/or buffering, shall be tended and maintained in a
healthy growing condition. Dead plant material shall be replaced in-kind.
(J) Signage. Signage on site shall be limited to no trespassing, safety, or FCC required signs to be
positioned on the fence surrounding the facility. The use of any portion of a tower for signs other
than warning or equipment information signs is prohibited.
(1) The appropriate signage as required by FCC guidelines governing Electromagnetic Energy Fields
(EMEF) shall be clearly posted.
(2) A 24-hour emergency contact information shall be posted at the site by the owner and each
co-locator.
(3) FCC tower registration shall be clearly posted.
(K) Required Application Information.
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(1) Actual photographs of the site that include a simulated photographic image of the proposed
tower. The photograph with the simulated image shall include foreground, the midground, and
the background of the site.
(i) County staff reserves the right to select the locations for the photographic images and
require additional images. As photo simulations may be dependent upon a balloon test
first being conducted, the applicant is not required to submit photo simulations with their
initial application but shall provide them prior to the public hearing with the Planning
Commission.
(2) An engineering report, certifying that the proposed tower is structurally suitable and of
adequate height for co-location with a minimum of 3 users including the primary user.
(3) Copies of the co-location policy. The applicant shall provide copies of propagation maps
demonstrating that antennas and sites for possible co-locator antennas are no higher in
elevation than necessary.
(4) A copy of the FAA airspace study shall be provided prior to the issuance of a building permit
for the construction tower. The FAA airspace study shall provide confirmation that the tower
will not pose any hazard to air navigation.
(5) A commitment from a service provider to locate on the proposed tower.
(6) An agreement allowing the County to collocate on the tower for the purpose of emergency
service communications.
(7) A proposed construction schedule.
(8) Site Development Plans for telecommunications facilities shall include:
(i) Radio frequency coverage and tower height requirements.
(ii) All designated “fall zones” as certified by a registered professional engineer licensed in
Virginia.
(9) Any other information to assess compliance, deemed necessary by the Administrator.
(L) Application Process.
(1) Balloon Test. If determined to be necessary by the Administrator, a balloon test may be
required for new towers prior to the public hearing. If required, the balloon test shall comply
with the following:
(i) The applicant shall arrange to raise a colored balloon (no less than 3 ft. in diameter) at the
maximum height of the proposed tower and within 50 horizontal ft. of the center of the
proposed tower.
(ii) The applicant shall inform the Administrator and adjacent property owners in writing of
the date and times of the test at least 7, but no more than 14 days in advance. The notice
will direct readers to a new date if the test is postponed due to inclement weather. The
applicant shall request in writing permission from the adjacent property owners to access
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their property during the balloon test to take pictures of the balloon and to evaluate the
visual impact of the proposed tower on their property.
(iii) The date, time, and location of the balloon test shall be advertised in the County's
newspaper of record by the applicant at least 7 but no more than 14 days in advance of
the test date. The advertisement will direct readers to a new date if the test is postponed
due to inclement weather.
(iv) The balloon shall be flown for at least 4 consecutive hours during daylight hours on the
date chosen.
(v) Signage shall be posted on the property to identify the property where the balloon is to
be launched. The signage will direct readers to a new date if the test is postponed due to
inclement weather. This signage shall be posted a minimum of 72 hours prior to the balloon
test. If inclement weather postpones the test, then cancellation of the test for that day
shall be clearly noted on the signage.
(vi) If the wind during the balloon test does not allow the balloon to sustain its maximum
height or there is significant fog or precipitation which obscures the balloon's visibility,
then the test shall be postponed and moved to the alternate inclement weather date
provided in the advertisement. County staff reserves the right to declare weather
inclement for purposes of the balloon test.
(2) Community Meeting. A community meeting shall be held by the applicant prior to the public
hearing with the Planning Commission.
(i) The applicant shall inform the Administrator and adjacent property owners in writing of
the date, time, and location of the meeting at least 7 but no more than 14 days in advance.
(ii) The date, time, and location of the meeting shall be advertised in the County’s newspaper
of record by the applicant at least 7 but no more than 14 days in advance of the meeting
date.
(iii) The meeting shall be held within the County, at a location open to the public with
adequate parking and seating facilities which shall accommodate persons with disabilities.
(iv) The meeting shall give members of the public the opportunity to review application
materials, ask questions of the applicant, and provide feedback.
(v) The applicant shall provide the Administrator with a complete summary of any input
received from members of the public at the meeting.
(3) Approval Process and Time Restrictions.
(i) The approving bodies, in exercise of the County’s zoning regulatory authority, may
disapprove an application on the grounds that the tower’s aesthetic effects are
unacceptable, or may condition approval on changes in tower height, design, style, buffers,
or other features of the tower or its surrounding area. Such changes need not result in
performance identical to that of the original application.
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(ii) Factors relevant to aesthetic effects are: the protection of the view in sensitive or
particularly scenic areas, and areas containing unique natural features, scenic roadways or
historic areas; the concentration of towers in the proposed area; and, whether the height,
design, placement or other characteristics of the proposed tower could be modified to
have a less intrusive visual impact.
(iii) The approving bodies, in accord with Code of Virginia § 15.2-2316.4:2, as amended, may
disapprove an application based on the availability of existing wireless support structures
within a reasonable distance that could be used for co-location at reasonable terms and
conditions without imposing technical limitations on the applicant.
(iv) Unless some other timeframe is mutually agreed upon, an application for a tower shall
be reviewed by the County and a written decision shall be issued within 150 days of a
completed submission.
(v) Unless some other timeframe is mutually agreed upon, an application for collocation shall
be reviewed by the County and a written decision shall be issued within 90 days of a
completed submission.
(vi) A complete application for a project shall be deemed approved if the locality fails to
approve or disapprove the application within the applicable period specified or mutually
agreed upon.
(vii) If the County disapproves an application, it shall provide the applicant with a written
statement of the reasons for disapproval. If the locality is aware of any modifications to
the project as described in the application that if made would permit the locality to
approve the proposed project, the locality shall identify them in the written statement
provided. The written statement shall contain substantial record evidence and be publicly
released within 30 days of the decision.
(M) Structural Certification and Inspections. All proposed towers shall be certified by a licensed
professional engineer to be structurally sound and in conformance with the requirements
Structural Standards for Steel Antenna Towers and Antenna Supporting Structures (ANSI/TIA/EIA-
222-F), International Statewide Building Code and all applicable, county, state, and federal laws.
(1) For new structures, or the extension of existing structures, such certification shall be submitted
prior to issuance of the building permit. For existing towers being utilized for co-location,
certification shall be provided to verify its capability to support additional loading.
(2) Over the life of the tower, the County may require the tower owner to inspect and certify the
structural integrity of the tower should there be a reason to believe that the tower has
degraded to the point where it is believed to pose a legitimate threat to life and/or property.
Structural analysis shall be performed within 30 days, upon formal written request of the
County.
(3) The County reserves the right to perform inspections, upon reasonable notice to the tower
owner. The County and its agent retain authority to enter onto the property for the purpose
of assessing compliance with the statewide building code and all other construction standards
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provide by the County code and federal and state law. If defects had been identified on
previous inspections, the County may, at its discretion require the tower owner to bear the
cost of the inspection.
(4) The tower or telecommunication facilities owner shall certify to the County on an annual basis
that it is in compliance with all of the requirements set forth above.
(N) Review Fee. Any out-of-pocket costs incurred by the County for the review of any of the above
required information shall be reimbursed by the applicant.
(O) Bond. To secure the removal of abandoned structures, the County shall require the tower owner
to post a bond, or provide some other reasonable assurance, in an amount to be determined by
the County based upon the anticipated removal cost of the tower.
(P) Abandoned Towers. Any antenna or tower that is not operational for a continuous period of 24
months shall be considered abandoned, and the owner of each such antenna or tower shall remove
the tower.
(1) Removal includes the removal of the tower, all tower and fence footers, underground cables,
and support buildings. The buildings may remain with the owner’s approval.
(2) If there are 2 or more users of a single tower, then this provision shall not become effective
until all users cease using the tower.
(3) The County may dismantle and remove the tower and recover the cost of the same from the
owner.
(4) In the event that the Bond amount is insufficient to cover the cost of removal, the County
reserves the right to seek the remaining balance from the owner.
Section 7-4-6. Telecommunications Facility, Small Cell.
(A) In accordance with Code of Virginia § 15.2-2316.4, as amended, small cell telecommunications
facilities shall be permitted by-right in all zoning districts subject to the following general
performance standards.
(B) Installation.
(1) The small cell telecommunications facility shall be installed by a wireless services provider or
wireless infrastructure provider on an existing structure.
(2) The wireless services provider or wireless infrastructure provider has obtained permission from
the owner of the existing structure to collocate the small cell telecommunications facility on
the existing structure and to collocate the associated transmission equipment on or proximate
to the existing structure.
(3) Each antenna is located inside an enclosure of, or the antenna and all its exposed elements
could fit within an imaginary enclosure of, no more than 6 cubic ft.; and
(4) Excluding electric meter, concealment, telecommunications demarcation boxes, backup power
systems, grounding equipment, power transfer switches, cut-off switches, and vertical cable
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runs for the connection of power and other services, all other equipment associated with the
facility does not exceed 28 cubic ft., or such higher limit as may be established by the Federal
Communications Commission.
(C) Application and Review.
(1) A wireless services provider or wireless infrastructure provider may submit up to 35 permit
requests for small cell telecommunications facilities on a single application. Permit application
fees shall be in accordance with Code of Virginia § 15.2-2316.4, Paragraph B (2) of the Code of
Virginia, as amended.
(2) Permit applications for small cell telecommunications facilities shall be reviewed and approved
as follows:
(i) Permit applications for the installation of small cell telecommunications facilities shall be
approved or disapproved within 60 days of receipt of the complete application. The 60-day
period may be extended by staff upon written notification to the applicant, for a period
not to exceed an additional 30 days.
(ii) Within 10 days of receipt of an application submission and a valid electronic mail address
for the applicant, the applicant shall receive an electronic mail notification if the
application is incomplete. If the application is determined to be incomplete, the
notification shall specify the missing information which needs to be included in a
resubmission in order to be determined complete.
(iii) Any disapproval of the application shall be in writing and accompanied by an explanation
for the disapproval. The disapproval may be based only on any of the following reasons:
(a) Material potential interference with other pre-existing communications facilities or
with future communications facilities that have already been designed and planned for
a specific location or that have been reserved for future public safety communications
facilities;
(b) Public safety or other critical public service needs; and/or
(c) In instances where the installation is to be located on or in publicly owned or publicly
controlled property (excluding privately owned structures where the applicant has an
agreement for attachment to the structure), aesthetic impact or the absence of all
required approvals from all departments, authorities, and agencies with jurisdiction
over such property.
(iv) A permit application approval shall not be unreasonably conditioned, withheld, or
delayed.
(v) An applicant may voluntarily submit, and staff may accept, any conditions that address
potential visual or aesthetic effects resulting from the placement of small cell facilities.
(vi) The submission of a permit application shall represent a wireless services provider’s or
wireless infrastructure provider’s notification of the County as required by Code of Virginia
§ 15.2-2316.4(A), as amended.
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Section 7-4-7. Utility Service, Major.
(A) No major utility service shall be located within 100 ft. of an existing dwelling unit.
(B) Buildings and facilities shall be designed and constructed to be compatible with the surrounding
area.
(1) All buildings and facilities in residential primary zoning districts, as established by Article IV,
District Standards, of this Ordinance, shall be screened from view from any adjacent right-of-
way by a building by an opaque fence or wall in accordance with Article VIII, Community Design
Standards, of this Ordinance.
(C) All sewer and water utility services shall be publicly owned and operated by a government agency
unless otherwise recommended by the Pittsylvania County Service Authority and approved by the
Board of Supervisors.
(D) Sewer and water utility services shall be designed with a service area and capacity consistent with
the purposes of the respective zoning district and the recommendations of the Pittsylvania County
Comprehensive Plan.
(E) Any utility infrastructure, including but not limited to towers, transformers, and transmission lines,
which are abandoned, damaged, in a state of disrepair, or otherwise in a state threatening the
general public health, safety, and welfare, shall be required by the Administrator to be removed
within a reasonable time period.25
(F) Landfills.26
(1) All landfills shall obtain approval from all appropriate local and state agencies prior to issuance
of a Special Use Permit.
(2) No improvements shall be constructed in or upon any landfill for a period of 20 years following
the termination of any landfill operation without the prior approval of the Board of Supervisors.
Section 7-4-8. Utility Service, Minor.
(A) For utility uses requiring a structure, not including public water and sewer lines and appurtenances,
service lines to consumers, water towers, and above and below ground cables, wires, or pipes
where such uses are located in easements:
(1) If visible from adjacent Residential or Planned Development districts and/or properties that are
occupied by a residential dwelling, the use shall be located within an enclosed structure having
a style and character compatible with the surrounding residential structures or shall be
screened from view in accordance with Article VIII, Community Design Standards, of this
Ordinance.
(2) A minor utility shall not include facilities for construction, repair, service, or storage of vehicles
or off-site utility equipment.
25 Editor’s Note: Standard included in Section 35-123 of the current Ordinance.
26 Editor’s Note: Standards for landfills included in Section 35-125 of the current Ordinance.
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(3) An access easement at least 20 ft. wide shall be provided to the site of any pumping station,
water storage tank, or well house.
Division 5. Commercial Use Standards.
Section 7-5-1. Adult Use.
(A) Purpose. It is a purpose of this ordinance to regulate adult uses in order to promote the health,
safety, and general welfare of the citizens of the County and to establish reasonable and uniform
regulations to prevent the deleterious secondary effects of adult uses within the County. The
requirements of this ordinance have neither the purpose nor effect of imposing a limitation or
restriction on the content or reasonable access to any communicative materials, including sexually
oriented materials. Similarly, it is neither the intent nor effect of this ordinance to restrict or deny
access by adults to sexually oriented materials protected by the First Amendment, or to deny
access by the distributors and exhibitors of sexually oriented entertainment to their intended
market. Neither is it the intent nor effect of this ordinance to condone or legitimize the distribution
of obscene material.
(B) Findings. Based on evidence of the adverse secondary effects of adult uses, and on findings,
interpretations, and narrowing constructions incorporated in numerous legal cases, it is recognized
that:
(1) Adult uses, as a category of commercial uses, are associated with a wide variety of adverse
secondary effects including, but not limited to, personal and property crimes, prostitution,
potential spread of disease, lewdness, public indecency, obscenity, illicit drug use and drug
trafficking, negative impacts on surrounding properties, declining property value, urban blight,
litter, and sexual assault and exploitation.
(2) Adult uses should be separated from sensitive land uses, including schools, churches, parks,
libraries, public recreation areas, and residential areas, to minimize the impact of their
secondary effects upon such uses and should be separated from other sexually oriented
businesses to minimize the secondary effects associated with such uses and to prevent an
unnecessary concentration of sexually oriented businesses in one area.
(3) Each of the foregoing negative secondary effects constitutes a harm, which the County has a
substantial government interest in preventing and/or abating. This substantial government
interest in preventing secondary effects exists independent of any comparative analysis
between adult uses and non-adult uses. Additionally, the interest in regulating adult uses to
preventing future secondary effects of either current or future adult uses that may locate in
the County. The County finds that the cases and documentation relied on in this ordinance are
reasonably believed to be relevant to said secondary effects.
(C) Establishment. The establishment of an adult use as referred to herein shall include the opening of
such use as a new use, the relocation of such use, the enlargement of such use in either scope or
area, or the conversion, in whole or part, of an existing business into an adult use.
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(D) Measurements of Distance27. All distances specified in this section shall be measured from the
property line of one use to another. The distance between an adult use and a residentially zoned
district shall be measured from the property line of the use to the nearest point of the boundary
line of the residentially zoned district.
(1) No adult use shall be established within 3 miles of any other adult use in any zoning district.
(2) No adult use shall be established within 1,000 ft. of any existing residential use; religious
assembly; educational facility; parks; recreational facility; day care centers; or community
centers as defined in Article X, Definitions, of this Ordinance.
(E) Hours of Operation.
(1) No adult use shall be open:
(i) More than 72 hours in any week (a week being consecutive days from Sunday to Saturday);
(ii) More than 12 hours within any 24-hour period; or
(iii) Prior to 9 a.m. or later than 11 p.m.
(F) Signs28.
(1) Any signs shall be in accordance with the regulations of Article VIII, Community Design
Standards, of this Ordinance.
(i) No adult use shall display adult media, depictions of specified sexual activities or specified
anatomical areas in its window, or in a manner visible from the street, highway, or public
sidewalk, or the property of others. Window areas shall remain transparent.
(ii) Signs shall not include graphic or pictorial depiction of material available on the premises.
Section 7-5-2. Car Wash.
(A) Location.
(1) Car washes shall be located and designed so that vehicular circulation does not conflict with
traffic movements in adjacent streets, service drives, and/or parking areas.
(2) Buildings, structures, and vacuuming facilities shall be a minimum of 100 ft. from any
residential district or use.
(B) Prohibited. No sales, repair, or outside storage of motor vehicles shall be conducted on the site.
(C) Design Standards.
(1) Any light used to illuminate the area shall be in accordance with the regulations of Article VIII,
Community Design Standards, of this Ordinance.
27 Editor’s Note: (D)(1) is included in 35-395.3(A) of the existing Ordinance. The setback distance in (D)(2) has been
reduced from 2,500 ft. to 1,000 ft. to ensure that performance standards do not preclude the use.
28 Editor’s Note: (F) integrates the sign regulations included in 35-395.3(B) of the existing Ordinance. Language has
been amended slightly for clarity.
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(2) The site shall be screened in conformance with the regulations of Article VIII, Community
Design Standards, of this Ordinance.
(3) An appropriately sized and designed in-ground grease and oil separator device shall be installed
on-site and properly maintained to prevent grease and oil entry into the wastewater system.
(4) An automatic water reclamation system shall be used to recover a minimum of 70% of the car
wash rinse water for reuse.
(D) Hazardous Materials Standards.
(1) The discharge of fuel, oil, solvents, anti-freeze, and/or other pollutants, hazardous materials,
or flammable substances into any public sewer, storm drainage, or other surface waters is
prohibited.
(2) The owner/operator shall prepare an emergency spill notification Contingency Plan to be
approved by the County and posted on the premises before the issuance of any occupancy
permits. The owner/operator/tenant shall be responsible for notifying all County departments
identified in the Contingency Plan immediately in the event of a spill or any petroleum product,
chemical waste, or other hazardous substance on the property. The owner/operator shall
assume full responsibility for all public and private expenses incurred in the clean-up of such
spills.
Section 7-5-3. Electronic Gaming Establishment.29
(A) General Design Standards. All landscaping and screening, signage, lighting, and parking shall be
designed in accordance with applicable standards of Article VIII, Community Design Standards, of
this Ordinance.
(B) Hours of Operation. Electronic gaming establishment uses shall be limited to the hours of 8:00 a.m.
and 11:00 p.m., Monday through Saturday.
(C) Measurements of Distance. All distances specified in this Section shall be measured from the
property line of one use to another. The distance between an electronic gaming establishment and
a residentially zoned district shall be measured from the property line of the use to the nearest
point of the boundary line of the residentially zoned district.
(1) No electronic gaming establishment shall be located within 1 mile of any other electronic
gaming establishment, tattoo and body piercing establishment, or adult use.
(2) No electronic gaming establishment shall be located within 2,000 ft. from any property with a
residential dwelling unit.
29 Editor’s Note: Standards included in Section 7-5-2 are consistent with those of Section 35-356 of the current
Ordinance but have been reorganized and amended slightly for clarity. A day limit from Monday through Saturday has
been proposed; this can be removed, if desired. A provision from Section 7-5-2 addressing discontinuation of
operations for a period of 90 days or more has been removed; Code of Virginia does not address.
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(3) No electronic gaming establishment shall be located within 1 mile of any religious assembly;
public or private educational facilities; parks; public or private recreational facilities; day care
centers; or community centers as defined in Article X, Definitions, of this Ordinance.
(D) All applicable federal and state requirements for electronic gaming establishments shall be met.
Section 7-5-4. Event Venue.
(A) General Design Standards. All landscaping and screening, signage, lighting, and parking shall be
designed in accordance with applicable standards of Article VIII, Community Design Standards, of
this Ordinance.
(B) Temporary Elements. Temporary tents, fencing, seating, catering arrangements, or other elements
of an event may be used during the event only and shall be removed within 24 hours after the
event concludes, and the building or premises shall be returned to its normal condition.
(1) Building Permits must be obtained for tents, amusement devices, and other similar temporary
structures, as required by the Building Code of Pittsylvania County.
(C) Minimum Lot Area.
(1) Agricultural Districts: 10 acres.
(2) Commercial Districts: ½ acre.
(D) Access and Parking.
(1) Off-street parking requirements shall be in accordance with Article VIII, Community Design
Standards, of this Ordinance, as well as the following:
(i) Parking shall be setback a minimum of 50 ft. from any public road.
(ii) Grass parking areas shall be allowed where no more than 24 events are permitted in a
calendar year. A calendar year runs from January through December.
(iii) Grass parking areas shall be maintained to a grass height of no more than 6 in. from grade.
(iv) Grass parking areas shall be maintained in good condition with uniform grass coverage
and free from rill or gully erosion.
(2) Travel lanes shall be sufficient width to accommodate emergency services vehicles.
(3) Entrance into the property shall be designed, approved, and constructed to meet Virginia
Department of Transportation (VDOT) entrance standards.
(4) If deemed necessary by the Administrator, a Traffic Impact Analysis may be required as part of
the Site Plan process.
(E) Noise. All noise shall comply with Chapter 41, Noise Control, of the Pittsylvania County Code.
(1) There shall be no amplified music between 10:00 p.m. and 7:00 a.m., seven days a week.
(F) Sanitary Facilities. Sanitary facilities shall be provided in accordance with Virginia Department of
Health standards set forth in the Virginia Administrative Code 12VAC5-610-980, as amended.
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(G) Occupancy Limitations. For all indoor and outdoor areas, occupancy limits shall comply with all local
and state laws.
(1) Any structure or building utilized for an event, or as an event venue, shall meet the
International Building Code requirements for public occupancy.
Section 7-5-5. Gasoline Stations.
(A) Location and Dimensional Requirements.
(1) Entrances to the gas station shall be minimized and located in a manner promoting safe and
efficient traffic circulation while minimizing the impact on the surrounding neighborhood.
(2) All gas station driveways and access points shall be a minimum of 200 ft. from any residentially
zoned district or residence.
(3) All fuel pump islands, compressed air connections, and similar equipment shall be 20 ft. from
any property line.
(B) Screening.
(1) A 6 ft. solid fence, wall, or landscaping shall be provided along all property lines separating the
site from any residentially zoned district or lot containing any residential dwelling unit.
(2) Dumpsters or other refuse shall be screened in accordance with Article VIII, Community Design
Standards, of this Ordinance.
(C) Design Standards.
(1) Applicants shall demonstrate that the gas station will be compatible with the neighborhood
with regards to traffic circulation, parking, and appearance and size of structures.
(2) Gas canopy shall be designed and built to be compatible with the principal use.
(3) Outdoor speakers shall not be audible beyond the property lines.
(4) Under-canopy lighting shall consist of recessed, flat lens fixtures.
(5) All stormwater runoff from refueling areas shall pass through an in-ground grease and oil
separator.
(6) An appropriately sized and designed in-ground grease and oil separator device shall be installed
on-site and properly maintained to prevent grease and oil entry into the wastewater system.
(D) General Standards.
(1) There shall be no storage of automobiles, trailers, recreational vehicles, boats, or similar
equipment.
(2) Sales of limited fuel oil or bottled gas is permitted as an accessory use.
(3) Fuel dispensers, pump islands, overhead canopy, and air and water dispensers shall be
removed upon cessation of the use for a period of more than 1 year.
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(4) The Administrator may require a traffic analysis to be provided by the applicant. Such analysis
may include, but not be limited to, the proposed traffic flows, sight visibility for emerging
vehicles, and other public safety factors.
(E) Hazardous Materials Standards.
(1) All hazardous materials shall be handled, recycled, or disposed of according to federal, state,
and local laws.
(2) The owner/operator shall prepare an emergency spill notification Contingency Plan to be
approved by the County and posted on the premises before the issuance of any occupancy
permits. The owner/operator/tenant shall be responsible for notifying all County departments
identified in the Contingency Plan immediately in the event of a spill or any petroleum product,
chemical waste, or other hazardous substance on the property. The owner/operator shall
assume full responsibility for all public and private expenses incurred in the clean-up of such
spills.
Section 7-5-6. Kennel, Commercial.
(A) Minimum Lot Area.
(1) Minimum lot area of 5 acres.
(B) Location. Except where animals are confined in soundproofed buildings, no portion of the use,
excluding required screening and landscape buffers, shall be located within:
(1) 100 ft. from the property lines of adjoining agricultural zoned property;
(2) 200 ft. from the property lines of adjoining residential zoned property; and
(3) 200 ft. from any dwelling not on the associated parcel.
(C) General Standards.
(1) All exterior runs, play areas, or arenas shall be designed with a minimum 6-foot-high opaque
screen from adjacent lot lines and street rights-of-way.
(2) Kennels shall be kept free of waste on a regular basis to minimize impacts of odor and reduce
propagation of pests.
(3) All boarded animals shall be kept within a totally enclosed part of the structures between the
hours of 10:00 p.m. and 8:00 a.m.
Section 7-5-7. Marina.
(A) Compliance. All marinas shall comply with any applicable regulations in Article V, Overlay Zoning
Districts, of this Ordinance, in addition to all relevant State laws and regulations, including but not
limited to those protecting soil and water quality.
(B) Water Frontage.
(1) Minimum of 300 ft. of water frontage.
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(C) Outdoor Storage. Outdoor storage shall conform with the standards of Outdoor Storage, as
provided in Section 7-7-7 of this Article.
(D) Recreational Vehicle Storage. Any storage of watercraft or recreational vehicles as an accessory use
to a Marina operation shall conform with the standards of Recreational Vehicle Storage Facility, as
provided in Section 7-5-8 of this Article.
Section 7-5-8. Outdoor Sales, Seasonal.
(A) Permits.
(1) No more than 4 permits shall be issued for the same lot during a calendar year.
(2) No permit shall be issued to an applicant, unless or until:
(i) A minimum of 30 consecutive days after a permit issued to that applicant for the same or
an adjacent lot or parcel has expired.
(B) Time Limits. Each stand shall be permitted for a period not to exceed 60 consecutive days.
(C) Setbacks. The outdoor sales stand or display shall be setback at least 15 ft. from any public right-of-
way and outside any required landscape buffer.
(D) Parking. Parking shall be supplied on the site of the primary use and not along the public right-of-
way.
(E) Hours of Operation. Hours of operation shall be limited to 7:00 a.m. to 8:00 p.m.
Section 7-5-9. Recreation, Outdoor.
(A) General Standards. All parking, lighting, signage, and landscaping and screening shall be in
accordance with applicable regulations of Article VIII, Community Design Standards, of this
Ordinance.
(B) Noise. All noise shall comply with Chapter 41, Noise Control, of the Pittsylvania County Code.
(1) There shall be no amplified music between 10:00 p.m. and 7:00 a.m., seven days a week.
(C) Sanitary Facilities. Sanitary facilities shall be provided in accordance with Virginia Department of
Health standards set forth in the Virginia Administrative Code 12VAC5-610-980, as amended.
(D) Drive In Theaters.30
(1) Minimum lot area shall be 5 acres.
(2) Movie screens shall be reasonably located as to be unobtrusive to a right-of-way and sight
distance triangle.
(3) Additional Parking Requirements. Adequate parking shall be provided that prevents dust and
mud from leaving the site to the extent possible. No parking shall be allowed on highway rights-
of-way.
30 Editor’s Note: Standards included in Section 35-118 of the current Ordinance.
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(i) Grass parking area shall be maintained to grass height of no more than 6 in. from grade.
(ii) Grass parking areas shall be maintained in good condition with uniform grass coverage
and free from rill or gully erosion.
(iii) Parking spaces for vehicles shall be clearly designated in accordance with Article VIII,
Community Design Standards, of this Ordinance.
(iv) All parking areas must be neat in designated rows with ample travel ways for the flow of
traffic and emergency vehicle access.
(E) Swimming Pools.31
(1) Setbacks. Commercial swimming pools, equipment, and any ancillary structures or facilities
shall have a minimum setback of 75 ft. from all property lines, and a minimum setback of 125
ft. from any existing residential dwelling unit.
(i) Minimum setbacks may be reduced to 25 ft. if the adjacent property is commercially or
industrially zoned.
Section 7-5-10. Recreational Vehicle Storage Facility.
(A) Activity.
(1) Recreational Vehicle Storage Facilities are intended for recreational vehicles and watercraft
only.
(2) Spaces may be rented for parking and/or storing recreational vehicles, but no other business
of any kind shall be conducted in the structure.
(3) No service or repair work shall be permitted in association with the parking facility except
under emergency service work.
(4) No outdoor storage of inoperable recreational vehicles or equipment.
(B) Design. To retain all recreational vehicles and watercraft completely within the parking lot, a rail,
fence, wall, or other continuous barricade of no less than 6 ft. tall shall be provided except at exit
or access driveways.
(C) Screening. Screening shall be provided on each side of the parking lot which:
(1) Abuts upon any residential district or use; or
(2) Faces across a street, alley, or place from any lot in a residential district or use.
(3) Screening shall be in accordance with the regulations of Article VIII, Community Design
Standards, of this Ordinance.
31 Editor’s Note: Standards included in Section 35-127 of the current Ordinance.
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Section 7-5-11. Restaurant, Mobile.
(A) Exceptions. The Administrator may waive any of the following standards if the mobile restaurant is
in conjunction with a temporary or special event.
(B) Licensure and Permits.
(1) Mobile restaurants shall obtain a business license from the Pittsylvania County Commissioner
of the Revenue.
(2) Mobile restaurants shall maintain a valid health permit issued by the Virginia Department of
Health.
(3) Mobile restaurants shall comply with all applicable requirements of the Pittsylvania County Fire
Marshal’s Office.
(4) Mobile restaurants shall be within a movable licensed vehicle or an enclosed trailer. Any
vehicles or trailers shall be properly registered with the Virginia Department of Motor Vehicles.
(5) Mobile restaurants cannot be on a detached flat bed, truck bed, or similar structure.
(C) Noise.
(1) All noise associated with the mobile restaurant – including operation of the mobile restaurant,
music, or use of a generator – shall be no louder than 50 dBA at 100 ft. away.
(i) Excessive complaints about vehicle or generator noise will be grounds for the
Administrator to require that the mobile restaurant change location on the site or move
to another property.
(D) Hours of Operation. Mobile restaurants may operate between 6 a.m. and 9 p.m. Sunday to
Thursday and between 6 a.m. to 11 p.m. Friday and Saturday (including set-up and break-down)
on any one day at any single location. The vehicle and all accessory structures shall be removed
each day.
(E) Signs. No signs shall be displayed except:
(1) Those permanently affixed to the vehicle;
(2) 1 A-framed sign not to exceed 4 ft. in height and 6 sq. ft. of display for each of the two sides;
and
(3) The sign cannot block any pedestrian or vehicle passageways.
(F) Trash and Waste.
(1) Trash receptacles shall be provided, and all trash, refuse, or recyclables generated by the use
shall be removed from the site by the operator at the end of the business day.
(2) No liquid wastes shall be discharged from a mobile restaurant.
(G) Location.
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(1) Mobile restaurants shall only locate on private property in conjunction with a non-residential
primary use. Examples include commercial businesses, religious assemblies, day care centers,
schools, etc.
(2) No mobile restaurant shall locate within 100 ft. of an entrance to any brick-and-mortar
restaurant (determined by measuring the edge of the mobile restaurant to the main public
entrance of the brick-and-mortar establishment) unless permission by the owner of the brick-
and-mortar restaurant is provided.
(3) No mobile restaurant shall locate within 50 ft. of a single family or two-family residential use.
(4) Mobile restaurants shall also be positioned at least 15 ft. away from fire hydrants, any fire
department connection (FDC), driveway entrances, alleys, and handicapped parking spaces.
(5) Mobile restaurants shall not block:
(i) The main entry drive isles or impact pedestrian or vehicular circulation overall;
(ii) Other access to loading areas; or
(iii) Emergency access and fire lanes.
(H) Parking.
(1) No mobile restaurant shall park on any fire lane, road, or right-of-way, whether public or
private.
(2) Parking of mobile restaurants shall not impact required parking for other uses.
Section 7-5-12. Special Event.
(A) Temporary Elements. Temporary tents, fencing, seating, catering arrangements, or other elements
of a special event may be used during the event only and shall be removed within 24 hours after
the special event concludes, and the building or premises shall be returned to its normal condition.
(1) Building Permits must be obtained for tents, amusement devices, and other similar temporary
structures, as required by the Building Code of Pittsylvania County.
(B) Noise. All noise shall comply with Chapter 41, Noise Control, of the Pittsylvania County Code.
(1) There shall be no amplified music between 10:00 p.m. and 7:00 a.m., seven days a week.
(C) Trash and Waste.
(1) Trash receptacles shall be provided in a sufficient manner to store all trash and waste
generated by the special event.
(2) All trash, refuse, or recyclables generated by the Special Event shall be properly removed from
the site by event staff at the end of the day.
(D) Parking.
(1) Off-street parking requirements shall be in accordance with Article VIII, Community Design
Standards, of this Ordinance, as well as the following:
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(i) Parking shall be setback a minimum of 50 ft. from any public road.
(ii) Travel lanes and parking areas shall be sufficient width to accommodate emergency
services vehicles.
(E) Sanitary Facilities. Sanitary facilities shall be provided in accordance with Virginia Department of
Health standards set forth in the Virginia Administrative Code 12VAC5-610-980, as amended.
(F) Occupancy Limitations. Occupancy limits shall comply with all local and state laws.
Section 7-5-13. Store, Convenience.
(A) Design Standards. All landscaping and screening, signage, lighting, and parking shall be designed in
accordance with applicable standards of Article VIII, Community Design Standards, of this
Ordinance.
(B) General Standards.
(1) Entrances to the site shall be minimized and located in a manner promoting safe and efficient
traffic circulation while minimizing the impact on the surrounding area.
(2) There shall be no fuel pumps or the selling of fuel for motor vehicles.
(3) There shall be no storage of automobiles, trailers, recreational vehicles, boats, or similar
equipment.
(4) The Administrator may require a traffic analysis to be provided by the applicant. Such analysis
may include, but not limited to, the proposed traffic flows, sight visibility for emerging vehicles,
and other public safety factors.
Section 7-5-14. Tradesperson Service.
(A) Outdoor Storage. All outdoor storage shall conform with the standards of Outdoor Storage, as
provided in Section 7-7-7 of this Article.
(B) General Standards.
(1) Sufficient parking shall be provided for the allowed number of employees and customers.
(i) Parking area(s) shall be provided on the lot that the tradesperson service is associated with
and cannot be on any streets or right-of-way.
(2) All parking, lighting, signage, and landscaping and screening shall be in accordance with
applicable regulations of Article VIII, Community Design Standards, of this Ordinance.
Section 7-5-15. Truck Stop.
(A) Minimum Lot Area
(1) All truck stop sites shall be a minimum of ten acres.
(B) Location and Dimensional Requirements.
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(1) Entrances to the truck stop shall be minimized and located in a manner promoting safe and
efficient traffic circulation while minimizing the impact on the surrounding area.
(2) All truck stop driveways and access points shall be a minimum of 200 ft. from any residentially
zoned district or residence.
(3) All fuel pump islands, compressed air connections, and similar equipment shall be 75 ft. from
all property lines and 150 ft. from all residential dwelling units.
(C) Screening.
(1) An 8 ft. solid fence, wall, or landscaping shall be provided along all property lines separating
the site from any agricultural or residentially zoned district or lot containing a dwelling unit.
(2) Dumpsters or other refuse shall be screened in accordance with Article VIII, Community Design
Standards, of this Ordinance.
(D) Design Standards.
(1) Applicants shall demonstrate that the truck stop will be compatible with the neighborhood
with regards to traffic circulation, parking, and appearance and size of structures.
(2) Gas canopies shall be designed and built to be compatible with the principal use.
(3) Outdoor speakers shall not be audible beyond the property lines.
(4) Under-canopy lighting shall consist of recessed, flat lens fixtures. All other lighting shall be sited
and designed in accordance with Article VIII, Community Design Standards, of this Ordinance.
(5) Truck parking shall not be in the front or side yards of the property.
(6) All stormwater runoff from refueling areas shall pass through an in-ground grease and oil
separator.
(7) An appropriately sized and designed in-ground grease and oil separator device shall be installed
on-site and properly maintained to prevent grease and oil entry into the wastewater system.
(E) General Standards.
(1) There shall be no storage of automobiles, trailers, recreational vehicles, boats, inoperable
vehicles, or similar equipment.
(2) Sales of limited fuel oil or bottled gas are permitted as an accessory use.
(3) Fuel dispensers, pump islands, overhead canopy, and air and water dispensers shall be
removed upon cessation of the use for a period of more than 1 year.
(4) The Administrator may require a traffic analysis to be provided by the applicant. Such analysis
may include, but not be limited to, the proposed traffic flows, sight visibility for emerging
vehicles, and other public safety factors.
(5) Minor vehicle repair facilities included at a truck stop use shall only provide minor adjustments,
service, and repairs to vehicles, including but not limited to diagnosis and tune-up; auto glass
repair and installation; tire sales and services; and brake repair.
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(i) Minor repair shall not include body and engine work.
(F) Hazardous Materials Standards.
(1) All hazardous materials shall be handled, recycled, or disposed of according to federal, state,
and local laws.
(2) The owner/operator shall prepare an emergency spill notification Contingency Plan to be
approved by the County and posted on the premises before the issuance of any occupancy
permits. The owner/operator/tenant shall be responsible for notifying all County departments
identified in the Contingency Plan immediately in the event of a spill or any petroleum product,
chemical waste, or other hazardous substance on the property. The owner/operator shall
assume full responsibility for all public and private expenses incurred in the clean-up of such
spills.
Section 7-5-16. Vehicle Repair Service.
(A) Development Standards.
(1) All principal and accessory structures shall comply with the district standards for which they
are located.
(2) No portion of the use, excluding required screening and landscape buffers, shall be located
within 200 ft. of a residential district or structure containing a dwelling unit.
(3) There shall be no storage or display of vehicles within 10 ft. of a property line.
(B) Parking Standards.
(1) All parking shall comply with Article VIII, Community Design Standards, of this Ordinance.
(2) All parking shall be located to the side or rear of the establishment.
(C) General Standards.
(1) All repairs and maintenance of vehicles, including parts installation, shall be performed within
a completely enclosed building.
(2) No vehicle or equipment displays shall be located within a required setback, fire lane, travel
way, sidewalk, or landscaped area.
(3) The temporary on-site storage of vehicles awaiting repair, service, or removal shall be on the
side or rear of the principal structure and screened from view from any adjacent right-of-way
by a building, or by an opaque fence or wall, in accordance with Article VIII, Community Design
Standards, of this Ordinance.
(i) Temporary on-site storage of vehicles is 30 days or less.
(4) Nothing, including vehicles and vehicle equipment, shall be displayed on the top of a building.
(5) An appropriately sized and designed in-ground grease and oil separator device shall be installed
on-site and properly maintained to prevent grease and oil entry into the wastewater system.
(6) No outdoor storage of inoperable vehicles or equipment.
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(D) Hazardous Materials Standards.
(1) The discharge of fuel, oil, solvents, anti-freeze, and/or other pollutants, hazardous materials,
or flammable substances into any public sewer, storm drainage, or other surface waters is
prohibited.
(2) The owner/operator shall prepare an emergency spill notification Contingency Plan to be
approved by the County and posted on the premises before the issuance of any occupancy
permits. The owner/operator/tenant shall be responsible for notifying all County departments
identified in the Contingency Plan immediately in the event of a spill or any petroleum product,
chemical waste, or other hazardous substance on the property. The owner/operator shall
assume full responsibility for all public and private expenses incurred in the clean-up of such
spills.
(E) Tire and Outdoor Storage Standards.
(1) Location.
(i) No tire and/or outdoor storage shall be located within 50 ft. of a residential district.
(2) General Standards.
(i) Tire and outdoor storage as an accessory use shall not exceed 30% of the total site area
and shall be subject to the use standards of Section 7-7-7 of this Article.
(ii) Outdoor displays of tires shall be subject to the use standards of Section 7-7-6 of this
Article.
(a) No more than 10 tires shall be included in outdoor displays.
(iii) All tire and/or outdoor storage shall meet the requirements of the Pittsylvania County
Fire Marshal.
(3) Screening, Buffering, and Landscaping.
(i) All tire and/or outdoor storage shall be screened by a solid wall or fence not less than 6 ft.
in height. All screening shall be in accordance with Article VIII, Community Design
Standards, of this Ordinance.
(ii) Tire and/or outdoor storage shall be located on the side or rear of the main structure and
screened from view from any adjacent roadway.
(iii) Tires, parts, materials, and any other equipment stored outdoors shall not be stacked
higher than 4 ft.
Section 7-5-17. Veterinary Hospital.
(A) Location. Except where animals are confined in soundproofed buildings, no portion of the use,
excluding required screening and landscape buffers, shall be located within:
(1) 100 ft. from the property lines of adjoining agricultural or residentially zoned property; or
(2) 200 ft. from any dwelling unit not on the associated parcel.
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(B) General Standards.
(1) All boarded animals shall be kept within totally enclosed parts of the structures between the
hours of 10:00 p.m. and 8:00 a.m.
(2) All exterior runs, play areas, or arenas shall be designed with a minimum 6-foot-high opaque
screen from adjacent lot lines and street rights-of-way, and shall be in accordance with Article
VIII, Community Design Standards, of this Ordinance.
(3) Veterinary hospitals/clinics shall be kept free of waste on a regular basis to minimize impacts
of odor and reduce propagation of pests.
Division 6. Industrial Use Standards.
Section 7-6-1. Battery Storage Facility.
(A) Setbacks. Battery Energy Storage Facilities shall be setback at least 100 ft. from all property lines.
(B) Configuration. All Battery Energy Storage Facilities shall be configured so that battery cells shall be
placed in a Battery Energy Storage System (“BESS”) with a Battery Management System (“BMS”).
The BESS shall provide a secondary layer of physical containment to the batteries and be equipped
with cooling, ventilation, and fire suppression systems.
(C) Operation. Battery Energy Storage Facilities shall be constructed, maintained, and operated in
accordance with applicable codes and standards, including but not limited to applicable fire,
electrical, and building codes adopted by the County; National Fire Protection Association (NFPA)
855, Standard for the Installation of Stationary Energy Storage Systems, 2020 Edition and
subsequent additions; Underwriters Laboratories (UL) 9540A Ed. 4-2019, Standard for Test Method
for Evaluating Thermal Runway Fire Propagation in Battery Energy Storage Systems and subsequent
editions.
(D) Utilities.
(1) Public water, or an existing commercial well, and fire hydrants shall be available to the
property.
(2) All on-site utility lines shall be placed underground to the extent feasible and as permitted by
the serving utility, with the exception of the main service connection at the utility company
right-of-way and any new interconnection equipment, including without limitation any poles,
with new easements and right-of-way.
(E) Screening and/or landscaping shall be necessary to ensure that facilities are not visible. Facilities
shall be fully screened on all sides from view.
(1) All screening and landscaping shall be in accordance with Article VIII, Community Design
Standards, of this Ordinance.
(2) Areas within 20 ft. on each side of Battery Energy Storage Facility shall be cleared of
combustible vegetation and other combustible growth. Single specimens of trees, shrubbery,
or cultivated ground cover such as green grass, ivy, succulents, or similar plants used as ground
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covers shall be permitted to be exempt, provided that they do not form a means of readily
transmitting fire. Removal of trees should be minimized to the extent possible.
(F) Location. Due to their potentially combustible nature, the siting of Battery Energy Storage Facilities
shall be to:
(1) Buffer the facility from the surrounding areas by siting toward the interior of the lot; and
(2) Take advantage of existing topography, structures, and vegetation to provide extra screening.
(G) Emergency Access. Access to the property for Pittsylvania County fire, rescue, and emergency
services shall be provided in a matter acceptable to the Pittsylvania County Fire Marshal.
(H) Safety Operation Standards.
(1) Each individual battery shall have 24/7 automated fire detection and extinguishing technology
built in.
(2) The Battery Management System shall monitor individual battery module voltages and
temperatures, container temperature and humidity, off-gassing of combustible gas, fire,
ground fault and DC surge, and door access.
(3) The Battery Management System shall be capable of shutting down the system before thermal
runaway takes place.
(I) Warning Signage. NFPA 704 placards shall be placed on building entrances along with emergency
contact information.
(J) Security Fencing. The facilities shall be enclosed by security fencing.
(1) All security fencing shall be a minimum of 6 ft. in height and topped with razor/barbed wire, as
appropriate.
(2) All security fencing shall be placed behind the buffer and screened from view.
(3) All security fencing shall be constructed so as to substantially lessen the likelihood of entry by
unauthorized individuals.
(4) A performance bond reflecting the costs of anticipated security fence maintenance shall be
posted and maintained.
(5) Failure to maintain the security fencing shall result in revocation of the Zoning Permit and the
facility’s decommissioning.
(K) Decommissioning Plan. Applications for Battery Energy Storage Facilities shall include a
Decommissioning Plan to be implemented upon abandonment and/or in conjunction with removal
of the facility. All Decommissioning Plans shall be certified by an engineer or contractor with
demonstrated expertise in solar facility removal, and shall include the following:
(1) The anticipated life of the project;
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(2) A narrative description of the activities to be accomplished, including who will perform that
activity and at what point in time, for complete physical removal of all components of the
battery energy storage facility;
(3) An estimated deconstruction schedule;
(4) A description of mediation procedures for the release of hazardous materials or other
emergency events during the decommissioning process;
(5) The estimated decommissioning cost in current dollars; and
(6) The estimated cost of decommissioning shall be guaranteed by bond, letter of credit, or other
security approved by the County.
(i) The owner shall deposit the required amount into the approved escrow account before
any building permit is issued to allow construction of the battery energy storage facility.
(ii) The escrow account agreement shall prohibit the release of the bond without the written
consent of the County. The County shall consent to the release of the bond upon on the
owner’s compliance with the approved Decommission Plan. The County may approve the
partial release of the bond as portions of the approved Decommission Plan are performed.
(iii) The dollar amount of the bond shall be the full amount of the estimated decommissioning
cost without regard to the possibility of salvage value.
(iv) The owner or occupant shall recalculate the estimated cost of decommissioning every 5
years. If the recalculated estimated cost of decommissioning exceeds the original
estimated cost of decommissioning by 10%, then the owner or occupant shall deposit
additional funds into the bond to meet the new cost estimate. If the recalculated estimated
cost of decommissioning is less than 90% of the original estimated cost of
decommissioning, then the County may approve reducing the amount of the bond to the
recalculated estimate of decommissioning cost.
(7) Decommission shall include removal of all battery energy storage system components,
structures, equipment, security barriers, and transmission lines from the site, so that any
agricultural ground upon which the facility and/or system was located is again tillable and
suitable for agricultural uses.
(L) Emergency Plan. Applications for battery energy storage facilities shall include an Emergency Plan
that, at minimum, contains the following:
(1) Procedures for safe shutdown, de-energizing, or isolation of equipment and systems under
emergency conditions to reduce the risk of fire, electric shock, release of hazardous materials,
and personal injuries, and for safe start-up following cessation of emergency conditions.
(2) Procedures for inspection and testing of associated alarms, interlocks, and controls.
(3) Procedures to be followed in response to notifications from the Battery Energy Storage
Management System, when provided, that could signify potentially dangerous conditions,
including shutting down equipment, summoning service, and repair personnel, and providing
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agreed upon notification to fire department personnel for potentially hazardous conditions in
the event of a system failure.
(4) Emergency procedures to be followed in case of fire, explosion, release of liquids or vapors,
damage to critical moving parts, or other potentially dangerous conditions. Procedures can
include sounding the alarm, notifying the fire department, evacuating personnel, de-energizing
equipment, and controlling and extinguishing the fire.
(5) Procedures and schedules for conducting drills of these procedures and for training local first
responders on the contents of the plan and appropriate response procedures.
Section 7-6-2. Data Center.
(A) Due to the high water demand, data centers shall be connected to a public water system if a water-
based cooling system is utilized.
(1) Data centers shall not establish commercial wells for any operations.
(B) Power generators, water cooling systems, storage facilities, and any other mechanical
infrastructure necessary for the operations of the data center shall be within an enclosed structure
screened as not to be visible from any adjacent street, use, or building. All screening shall comply
with Article VIII, Community Design Standards, of this Ordinance.
(1) Ground mounted mechanical equipment is prohibited in front yards.
(2) Solid screening walls must be constructed with a design, materials, details, and treatment
compatible with those used on the nearest Principal Facade of a building but may include
perforated surfaces as needed for ventilation of mechanical equipment.
(C) Generator testing shall be limited to weekdays between 8:00 a.m. and 5:00 p.m.
(D) No data center shall be built until evidence has been given as part of the application that the owner
has been approved by the utility company.
(E) Principal façade requirements apply to all building facades that face adjacent existing or planned
public roads or that face an adjacent property with existing residential development, an approved
plat showing residential development, or zoning district permitting residential dwellings. Principal
facades must have differentiated surfaces, consistent design and fenestration to create visual
interest and consistency with community character.
(F) Ground mounted mechanical equipment must be setback from adjacent property with existing
residential development, an approved plat showing residential development, or zoning district
permitting residential dwellings, a minimum of 75 ft. from the property line.
(G) During operation, a data center shall not produce a noise level that exceeds 65 dBA as measured
at the property line.
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(H) Noise Testing.32 Operation of all data center uses shall not commence until conformance with the
requirements of this Section is confirmed.
(1) After completion of construction and prior to commencement of operation, the applicant shall
submit a sound test prepared by a qualified full member of the Acoustical Society of America
(ASA), a Board Certified member of the Institute of Noise Control Engineering (INCE), or other
credentialed professional as approved by the Administrator. The purpose of such test is to
confirm noise levels after completion of construction and prior commencement of operation
meet the general standards provided above and/or any additional use performance standards
and conditions associated with the use.
(i) If the sound test finds that noise levels exceed the maximum permissible dBA stated in
Section 7-6-2(G), above, or any additional use performance standards and conditions
associated with the use, then there shall be no commencement of the use.
(ii) For projects completed in phases, the above testing requirements shall apply after
construction of each phase and prior to full operation.
(2) Annual Testing. Noise testing as required in Section 7-6-2(A), above, shall be conducted
annually and submitted to the Administrator no later than July 1 of each calendar year for the
life of the use.
(i) If the sound test finds that noise levels exceed the maximum permissible dBA stated in
this Division or any additional use performance standards and conditions associated with
the use, the applicant shall have 48 hours to mitigate the violation or operations shall be
suspended and the Applicant shall cease the use until such time that the Applicant can
demonstrate the noise levels are in compliance with this Section.
Section 7-6-3. Junkyard/Salvage Yard.
(A) General Standards. In accordance with Code of Virginia § 33.2-804, as amended, junkyards are
permitted through a Special Use Permit, with the following standards.
(1) All junkyards/salvage yards shall be:
(i) Setback at least 1,000 ft. from the nearest edge of any interstate or primary highway, and
500 ft. from all other roadways.33
(ii) Completely screened by a solid wall or fence, including solid entrance and exit gates, not
less than 8 ft. nor more than 12 ft. in height.34
32 Editor’s Note: Noise testing requirements for data center uses are proposed; this is a best practice to mitigate
mechanical noise emitted by data centers.
33 Editor’s Note: Section 35-120 of the current Ordinance includes a requirement that junkyards shall not be within
1,000 feet of the nearest edge of any interstate or primary highway; this has been retained with the 500 ft. setback
proposed for all other roadway types.
34 Editor’s Note: This standard is included in Section 35-120 of the current Ordinance.
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(a) All screening shall be in accordance with Article VIII, Community Design Standards, of
this Ordinance.
(b) Vehicles, parts, materials, and equipment stored shall not be stacked higher than the
screening wall or fence.
(c) When walls or fences are adjacent to commercial or residential districts, a landscaped
buffer shall be provided to break visibility of the fence in accordance with Article VIII,
Community Design Standards, of this Ordinance.
(iii) Operated and maintained in such a manner as not to allow the breeding of rats, flies,
mosquitoes, or other disease-carrying animals and insects.
(iv) Operated in compliance with all federal and state record keeping and reporting
requirements.
(2) Shall not:
(i) Involve collection or storage of any material containing, or contaminated with, dangerous
explosives, chemicals, gases, or radioactive substances.
Section 7-6-4. Mining; Minerals Extraction and Processing.35
(A) Setbacks.
(1) No mining or minerals extraction operation shall be conducted within 200 ft. of a property line.
(2) Setbacks shall not be used for any purpose during active excavation periods, including
overburden and spoil storage, except the minimum necessary for access roads.
(B) Hours of Operation. All blasting shall occur between the hours of 9:00 a.m. and 6:00 p.m., Monday
through Friday.
(C) Security Fencing. All open and active quarries and mines shall be entirely enclosed by security
fencing.
(1) All security fencing shall be a minimum of 6 ft. in height and topped with razor/barbed wire, as
appropriate.
(2) All security fencing shall be constructed so as to substantially lessen the likelihood of entry by
unauthorized individuals.
(3) Security fencing shall be located at least 15 ft. from the edge of any excavation.
(D) General Standards.
(1) All mining and minerals extraction/processing operations shall comply with all local, state, and
federal laws and regulations.
35 Editor’s Note: These standards are included in Section 35-139 of the existing Ordinance and have been reorganized
and amended slightly for clarity. Additional general standards and requirements for Site Development Plans have been
added.
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(2) Mining and minerals extraction/processing operations shall be screened by a solid wall or
fence, or a vegetative landscape buffer. All screening shall be in accordance with Article VIII,
Community Design Standards, of this Ordinance.
(3) Access to the site shall be located so that truck traffic does not travel through any existing
residential subdivisions or residentially zoned properties.
(4) Access roads and parking areas shall be maintained in a dust-free manner.
(E) Site Development Plan. In addition to the requirements of Site Development Plans, as provided in
Article III, Permits and Applications, of this Ordinance, the following shall be provided:
(1) Documentation of all physical changes or improvements to the property.
(2) Methods for controlling drainage, runoff, and potential ponding on the site.
(3) Erosion and sediment control measures to be employed.
(4) A written evaluation of the impact on the proposed activity of nearby groundwater resources.
(5) A phasing plan including time frames for the extraction activities.
(6) A decommissioning and reclamation plan upon completion of the mining or excavation activity.
(F) Decommission and Reclamation.
(1) The owner and/or operator of a mining and minerals extraction/processing operation that is
scheduled to be terminated or ceased shall notify the Administrator of the proposed date of
termination of operations.
(2) The owner and/or operator of a mining and minerals extraction/processing operation shall
comply with all applicable federal, state, and local laws and regulations.
(3) To prevent or control erosion, the site shall be graded and re-seeded or replanted within 12
months of removal and/or ceasing of mining and minerals extraction/processing operation on
all abandoned slopes, and/or extraction areas to restore it to as natural a pre-development
condition as possible.
(4) Any exception to site restoration, such as leaving driveways, entrances, or landscaping in place,
or substituting plantings, shall be requested by the landowner in writing, and this request shall
be approved by the Board of Supervisors.
(5) Hazardous material from the property shall be disposed of in accordance with federal and state
law.
Section 7-6-5. Oil/Gas Exploration.
(A) Proof of Ownership. Each application shall be accompanied by proof of ownership of the oil and/or
natural gas rights for the entire site. This proof may take the form of signed contracts, leases,
affidavits, or other documents.
(B) General Standards.
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(1) All oil/gas exploration shall comply with all local, state, and federal laws and regulations,
including those set by the Virginia Department of Energy’s Mineral Mining and Oil and Gas
divisions.
(2) As part of the application, operators shall submit a copy of any assessments, operations plan(s),
and reclamation plans, as required by state or federal agencies.
(3) The Administrator may require additional information that may be necessary for a complete
technical review of the application.
(4) Grading and alteration of natural drainage shall be minimized.
(5) If the exploratory drilling program is unsuccessful the well site shall be abandoned/closed, in
accordance all local, state, and federal regulations.
(6) Storage in excess of 600 gallons of petroleum products shall not be established without the
approval of the Pittsylvania County Public Safety Director.
(C) Setbacks.
(1) No building or structure used with oil/gas exploration shall be located within 200 ft. of any
public road or any adjoining property.
(a) Buildings devoted solely to office and administrative uses shall be located no less than
100 ft. from a public road or adjoining property.
(D) Lot Area. Maximum drill site of 4 acres.
(1) The drill site may contain any number of boreholes.
(E) Site Development Plan. In addition to the requirements of Site Development Plans, as provided in
Article III, Permits and Applications, of this Ordinance, the following shall be provided:
(1) The proposed locations for all buildings, structures, and equipment, including rig placement(s),
location and size of drill pad, derricks, structures, equipment, storage tanks, gathering lines
and all permanent improvements to the site.
(2) The area to be permitted and bonded, as required by the Virginia Department of Energy.
(a) The estimated cost of decommissioning shall be guaranteed by bond, letter of credit,
or other security approved by the County.
(b) The owner shall deposit the required amount into the approved escrow amount before
any permit is issued to allow construction of the oil and/or natural gas drilling
operation.
(c) The escrow account agreement shall prohibit the release of the bond without the
written consent of the County.
(d) The dollar amount of the bond shall be the full amount of the estimated
decommissioning and reclamation cost without regard to the possibility of salvage
value.
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(e) The owner or occupant shall annually recalculate the required bond.
(F) Narrative. As part of the application process, a narrative shall be provided that details the following:
(1) Proposed sources and quantities of water to be used in any drilling operation.
(2) Means of recycling and reusing wastewater to:
(a) Protect and manage the quality and quantity of local aquifers;
(b) Adhere to local and regional water supply and protection plans;
(c) Avoid excessive use of public water supplies or groundwater resources; and
(d) Reduce wastewater ultimately requiring disposal.
(3) Means of storage, transportation, and disposal of all wastewater generated by or during any
drilling operations, in accordance with all local, state, federal regulations.
(4) Means of reporting and tracking any wastewater or wastes generated by or during drilling
operations that are transported off-site for storage or disposal.
(5) Hours of operation and noise attenuation to ensure minimal impact on neighboring properties.
(6) For any proposed storage or disposal of wastewater generated by or during any drilling
operations through a wastewater treatment facility:
(a) Written certification from the facility shall be provided that it will accept and properly
treat such wastewater, and the maximum amount or volume of wastewater it will
accept and properly treat.
(7) For any proposed storage or disposal of waste, including; but not limited to, drilling muds and
cuttings generated by or during any drilling operations through a landfill or other facility:
(a) Written certification shall be provided that the landfill and/or facility will accept and
properly treat such waste or wastewater and the maximum amount or volume of
wastewater or waste that the landfill and/or facility will accept and properly treat.
(G) Setbacks.
(1) No exploratory or production oil or gas well bore shall be permitted within 1,000 ft. of a public
groundwater supply well.
(2) Boreholes shall not be located within 100 ft. of any property line.
(H) Emergency Preparedness. The applicant shall develop and provide the drilling operations’
emergency plan and contact information to the Pittsylvania County Fire Marshal prior to
commencement of any drilling operation.
(1) An appropriate site visit for orientation of emergency services personnel, as determined by
Pittsylvania County, shall be provided prior to commencement of any drilling operation.
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(2) In the event of a governmental declaration of emergency due to drought, Pittsylvania Board of
Supervisors may require water withdrawals from ground or surface water to cease for drilling
operations.
(I) Baseline Environmental Consultant’s Services.
(1) Within no more than 12 months prior to drilling, the applicant shall provide a baseline
environmental data report. The report shall document existing environmental conditions
within a 750-ft. radius of the proposed drilling site.
(2) The report shall include water quality samples taken from springs; public water supply intakes;
and private wells.
(3) The report shall provide a narrative description of the sampling plan and justification for how
the plan provides adequate information to give a complete description of the existing surface
water quality and the quality and current yield/quantity of groundwater wells within the 750-
ft. radius from the proposed drilling site.
(4) All water sampling shall be conducted by a laboratory certified by the Virginia Department of
General Services, Division of Consolidated Laboratory Services (DCLS). Well yield shall be
determined by draw down per guidelines established by the Virginia Department of Health.
(5) All water testing shall comply with the Virginia Administrative Code, 12VAC5-590-440.
(6) The County may require water analysis for additional chemicals that are not currently included
in state or federal regulations listed above.
(7) The applicant shall coordinate a reasonable time and manner to obtain water samples on
private property. Should a property owner refuse the applicant access to obtain a water
sample, the applicant shall notify the Administrator in writing of such refusal or prevention.
(8) The County shall submit the baseline environmental report to an independent environmental
consultant for review and recommendations regarding the sufficiency of the baseline
environmental data provided in the report.
(a) The cost of all services shall be charged to the applicant.
(b) The independent consultant shall have 90 days to review the report and provide a
notice of either insufficiency or sufficiency to the County.
(c) An environmental data report deemed sufficient by the independent environmental
consultant shall be accepted by the County before drilling may commence.
(J) Drilling Environmental Consultant’s Services. Once every 12 months after drilling has commenced,
the applicant shall provide a drilling environmental data report.
(1) The report shall document existing environmental conditions within a 750 ft. radius of the
drilling site.
(2) The report shall include all information and follow same procedure as provided in Section 7-6-
3(E)(7), above.
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(K) Post Drilling Environmental Consultant’s Services. No more than 6 months after drilling is complete,
the applicant shall provide a post-drilling environmental data report.
(1) The report shall document existing environmental conditions within a 750 ft. radius of the
drilling site.
(2) The report shall include all information and follow same procedure as provided in Section 7-6-
3(E)(7), above.
(L) Termination of Drilling Operation.
(1) The owner and/or operator of a drilling operation scheduled to be terminated shall notify the
Administrator of the proposed date of termination of operations.
(2) The owner and/or operator of a drilling operation shall comply with all applicable federal, state,
and local laws and regulations for the plugging and closing of wells.
(3) If the drilling operation, or any part thereof, is inoperable or does not operate for more than
180 days and the owner and/or operator of the operation does not give such notice to the
Administrator, the operation shall be considered terminated.
(4) Within 12 months of the date of termination, the owner and/or operator shall physically
remove the operation. The County may extend this period at the request of the owner and/or
operator. Physical removal shall include but is not limited to:
(a) Removal of the drilling rigs, all machinery, equipment, equipment shelters, security
barriers, and all appurtenant structures from the lot.
(b) Proper disposal of all wastewater or waste, including but not limited to solid or
hazardous materials, generated by or during a drilling operation, in accordance with
all applicable federal, state, and local laws and regulations.
(c) Restoration of the location of the drilling operation to its natural, pre-existing
condition, as agreed to by the property owner.
(d) Removal of foundations to a depth of 4 ft. below ground level. The County has
discretion to waive or alter this requirement for any other legally authorized use.
Restoration shall be verified by the Administrator.
Section 7-6-6. Sawmill, Temporary.
(A) Setbacks.36
(1) No temporary sawmill shall be located within 100 ft. of any property line.
(i) Trees and vegetation within the 100 ft. setback shall be maintained as a buffer to adjoining
properties and uses.
36 Editor’s Note: 7-6-8(A) is included in Section 35-126 of the existing Ordinance.
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(2) No saw, planer, chipper, conveyor, chute, or other similar machinery shall be located closer
than 600 ft. from any dwelling on any lot other than the lot on which the sawmill, planing mill,
or wood yard is located.
(B) General Standards.
(1) A temporary sawmill shall only be established to process timber cut from the parcel on which
the temporary sawmill is located or on immediately adjacent parcels under common
ownership.
(2) No processing, milling, finishing, or artificial means of drying green lumber shall be associated
with a temporary sawmill.
(3) Green lumber and all other products and by-products from the temporary sawmill shall be
removed from the site at least every 60 days.
(4) Buildings associated with a temporary sawmill shall be limited to shelter for the sawmill
equipment and essential shelter for personnel. No building shall be erected for the storage,
processing or drying of green lumber.
(5) Outdoor storage of lumber, logs, chips, or timber shall conform with the standards of Outdoor
Storage, as provided in Section 7-7-7 of this Article.
(6) All timbering and milling operations, including reforestation/restoration and the disposal of
snags, sawdust, and other debris, shall be conducted in accordance with all applicable
regulations of the Virginia Department of Forestry.
Division 7. Miscellaneous Use Standards.
Section 7-7-1. Accessory Structure.
(A) Exemptions. Residential accessory structures including, but not limited to, flag poles, basketball
hoops, clotheslines, arbors, swings, structures less than 6 sq. ft., or residential yard ornaments shall
be exempt from the minimum setback, lot area, and certification requirements as specified in this
Section.
(B) Development Standards.
(1) Accessory structures shall meet the standards of the underlying zoning district, including
setbacks and height regulations.
(2) Accessory structures are not permitted in front setbacks, except in agricultural districts.
(3) Accessory structures shall not exceed 40% of the gross floor area of the main structure.
(i) Accessory structures in agricultural districts are exempt from this provision.
(C) Permanent Portable Storage Containers.
(1) Where Permitted. Permitted in agricultural districts only. Prohibited in residential, commercial,
industrial, and planned development districts.
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(2) Standards.
(i) Portable storage containers used as permanent storage located outside of a fully enclosed
building or structure in an agricultural district, and visible from adjacent properties or
highways shall be screened and/or buffered in compliance with Article VIII, Community
Design Standards, of this Ordinance, and kept in good condition.
(ii) A Zoning Permit is required for any portable storage container located on a lot for more
than 15 calendar days.
(iii) The portable storage container shall meet all setback requirements for the district in
which it is located.
(iv) Other than the required Zoning Permit, no sign shall be attached to a portable storage
container except to provide the contact information of the container provider.
(v) Portable storage containers shall not be used in conjunction with a Class A or Class B Home
Occupation or used as a principal use or main building or structure.
(vi) The vertical stacking of portable storage containers and the stacking of any other
materials or merchandise on top of any storage container shall be prohibited.
(D) Temporary Portable Storage Containers.
(1) Where Permitted. Permitted in all zoning districts.
(2) Standards.
(i) A Zoning Permit is required for any portable storage container used temporarily and
located on a lot for more than 15 calendar days.
(a) No permit shall be granted for more than 60 calendar days.
(ii) The portable storage container shall be placed a minimum of 5 ft. from the property line,
or on the driveway of the lot.
(a) When it can be demonstrated that space is not available on the lot, one portable
storage container may be placed in a legal parking space on the street for a period no
longer than 15 days, with the approval of the Pittsylvania County Public Works
Department and the Pittsylvania County Fire Marshal.
(iii) Other than the required Zoning Permit, no sign shall be attached to a portable storage
container except to provide the contact information of the container provider.
(iv) The vertical stacking of portable storage containers and the stacking of any other
materials or merchandise on top of any storage container shall be prohibited.
(E) The provisions of this Section shall not apply to properties where construction is actively occurring
under a valid building permit. For those uses, see Section 7-7-3, Construction Building or Yard,
Temporary.
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Section 7-7-2. Boathouse.
Compliance. All boathouses shall comply with any applicable regulations in Article V, Overlay Zoning
Districts, of this Ordinance, in addition to all relevant State laws and regulations, including but not
limited to those protecting soil and water quality.
Section 7-7-3. Construction Building or Yard, Temporary.37
(A) Intent. Construction temporary uses are intended for administration offices, storage facilities,
and/or portable toilet facilities used during construction on a site.
(B) Location. Construction temporary uses shall be located within the recorded subdivision it serves or
on the same lot where the construction project is located.
(C) General Standards.
(1) Construction temporary uses shall have the name of the construction company printed on a
maximum of 4 ft. by 8 ft. sign permanently affixed on the outside of the building.
(2) Construction temporary uses shall meet all requirements of the Building Code, including tie
down requirements for mobile structures.
(3) Structures containing toilet facilities shall:
(i) Have a contract for sewage pump-out or exchange;
(ii) Shall be strapped down; and
(iii) Shall have means of pollution prevention, in accordance with County stormwater
regulations.
(4) All construction temporary uses shall be maintained in such a manner as to prevent dust or
debris from spreading onto adjacent properties or onto any public right-of-way.
(5) Any construction temporary use shall be removed within 30 days of the date on which the
permanent structure’s construction is complete and a final approval or Certificate of
Occupancy is issued, or an associated bond is released.
(D) Setbacks.
(1) Construction temporary uses, excluding portable toilet facilities, may be located within
required setbacks, provided that the location does not constitute a safety hazard to the public
or a nuisance to surrounding properties.
(i) No portion of a construction temporary use shall be located closer than 150 ft. to any
existing residential dwelling unit.
37 Editor’s Note: Section 7-7-3(B), (C)(4), and (D)(1)(i) are all requirements in Section 35-129 of the existing Ordinance.
An existing requirement that construction temporary uses be removed within 60 days of completion of construction
has been amended to removal within 30 days of completion.
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Section 7-7-4. Kennel, Private.
(A) Definition. A private kennel means any place which is equipped and/or used to house, keep, or
otherwise care for, outside of the primary dwelling, 5 or more dogs that are over 6 months of age,
and for which no compensation is received.
(B) Lot Area. Minimum lot area of 20,000 sq. ft.38
(C) Location. Except where animals are confined in soundproofed buildings, no portion of the use,
excluding required screening and landscape buffers, shall be located within:
(1) 20 ft. from the property lines of adjoining agricultural zoned property;
(2) 50 ft. from the property lines of adjoining residential zoned property; and
(3) 50 ft. from any dwelling not on the associated parcel.
(D) General Standards.
(1) Screening shall be provided to visually block runs, pens, and kennels from adjacent properties.
(2) Kennels shall be kept free of waste on a regular basis to minimize impacts of odor and reduce
propagation of pests.
(3) Kennels shall be maintained in a sanitary and humane condition in accordance with Code of
Virginia, § 3.2-6503, as amended.
Section 7-7-5. Mixed-Use Structure.
(A) Dwelling units shall be allowed by-right on the second or higher floor.
(B) Dwelling units occupying the first floor of any structure shall only be allowed under the following
circumstances:
(1) The first-floor residential units are not visible from a public street;
(2) If the building fronts on a public street, the residential portion on the first floor shall be shielded
by office or retail space or a lobby that maintains a commercial appearance; and
(3) At least 50% of the first floor area shall be dedicated to non-residential use.
Section 7-7-6. Outdoor Display.
(A) Setbacks. The outdoor display shall be setback at least 15 ft. from any public right-of-way and
outside any required landscape buffer.
(B) Time Limits. Each outdoor display shall be permitted for a period not to exceed 60 consecutive days.
(C) Location.
38 Editor’s Note: The proposed minimum lot area for private kennels is consistent with the minimum lot area for
properties in the R-1 district with no public utilities available. This can be amended, if desired.
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(1) Outdoor displays shall not impede movement along pedestrian pathways or vehicular travel
ways.
(2) No outdoor display shall encroach into a sight distance triangle.
(D) Outdoor displays shall contain no more than 10% of the merchandise offered for sale on the
premises.
Section 7-7-7. Outdoor Storage.
(A) Intent. The following standards are intended to mitigate impacts of outdoor storage as a principal
use, or as an accessory use to commercial and industrial businesses. Examples include construction
materials, such as stacks of lumber or stone; equipment; surplus goods; among other items.
(B) Location. No outdoor storage shall be located within 50 ft. of a residential district.
(C) Screening, Buffering, and Landscaping.
(1) Outdoor storage areas shall be screened by a solid wall or fence, including solid entrance and
exit gates, not less than 6 ft. nor more than 10 ft. in height.
(2) All walls and fences shall have a uniform and durable character and shall be properly
maintained.
(3) All screening shall be in accordance with Article VIII, Community Design Standards, of this
Ordinance.
(4) When walls or fences are adjacent to commercial or residential districts, a landscaped buffer
shall be provided to break visibility of the fence in accordance with Article VIII, Community
Design Standards, of this Ordinance.
(5) Outdoor storage shall be located on the side or rear of the main structure and screened from
view from any adjacent roadway.
(6) No wall or fence screening a storage area shall encroach into a sight distance triangle.
(7) Parts, materials, and equipment stored in a storage area shall not be stacked and/or piled
higher than the screening wall or fence.
Section 7-7-8. Piers, private.
Compliance. All private piers shall comply with any applicable regulations in Article V, Overlay Zoning
Districts, of this Ordinance, in addition to all relevant state laws and regulations, including but not
limited to those protecting soil and water quality.
Section 7-7-9. Residential Yard Sale.
(A) Hours of Operation. Hours of operation shall be limited to 7:00 a.m. to 7:00 p.m. every day of the
week.
(B) Signs. Any signage posted to advertise the residential yard sale shall be in accordance with Article
VIII, Community Design Standards, of this Ordinance.
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(C) Noise. All noise shall comply with Chapter 41, Noise Control, of the Pittsylvania County Code.
(D) Frequency of Residential Yard Sales. There shall be no more than four residential yard sales in a
consecutive 12-month period at a single residential dwelling.
(1) Yard sales shall be a maximum of two consecutive days.
(E) Location.
(1) Outdoor displays of goods for sale shall not encroach into a right-of-way or roadway.
(2) All outdoor displays of goods for sale shall not locate in the rear yard of the property in the RC-
1, RMF, and MHP zoning districts.
(3) Outdoor displays of goods shall be removed within 12 hours of the conclusion of the residential
yard sale.
Section 7-7-10. Solar Energy Facility, Large-Scale.39
(A) Intent.
(1) The intent of this Section is to allow large-scale solar energy facilities in a manner that
promotes the development of renewable energy sources, while limiting and mitigating impacts
on natural resources and existing agricultural, forestry, residential, commercial, industrial,
historical, cultural, and recreational uses of property, or the future development of such uses
of property within the County.
(2) The purpose of this Section is to outline the process and requirements for the construction,
installation, operation, and decommissioning of large-scale solar energy facilities that ensures
the protection of health, safety, and welfare, while also avoiding adverse impacts on County
resources.
(3) This Section is not intended to abridge safety, health, environmental, or land use requirements
contained in other applicable laws, codes, regulations, standards, or ordinances. This Section
does not supersede or nullify any provision of local, State, or Federal law that applies to solar
energy facilities.
(B) Compliance.
(1) All large-scale solar energy facilities shall fully comply with all applicable local regulations, as
well as all applicable state and federal regulations, including but not limited to, the U.S.
Environmental Protection Agency (EPA), Federal Aviation Administration (“FAA”), State
Corporation Commission (“SCC”) or equivalent, any state departments related to
environmental quality, parks, and wildlife protection, as well as all the applicable regulations
of any other agencies that were in force at the time of the permit approval.
39 Editor’s Note: Most requirements for large-scale solar energy facilities are new additions, based on County and
community feedback for a more robust solar ordinance that addresses potential adverse impacts on adjacent
properties and the environment.
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(2) The design and installation of all large-scale solar energy facilities shall conform to applicable
industry standards, including those of the American National Standards Institute (ANSI),
Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), or
other similar certifying organizations and shall comply with all fire and safety requirements.
(C) Lot Area. Maximum lot area of 5 acres.
(D) Consumption. Generated electricity may only be used for on-site consumption.
(E) Pre-Application Meeting. A pre-application meeting shall be held with the Administrator to discuss
the location, scale, and nature of the proposed use and what will be expected during that process.
(F) Land Disturbance.
(1) The clearing, grading, and overall site disturbance is limited to only that which is necessary;
superfluous clearing and grading is not permitted, in order to retain existing trees and other
groundcover.
(G) Grid Tied System. No grid-tied system shall be installed until evidence has been given as part of the
application that the owner has been approved by the utility company to install the system.
(H) Height Limits.
(1) If the large-scale solar energy facility is ground-mounted or not flush-mounted on a principal
or accessory building, the facility’s height shall not exceed 15 ft. at the tallest point.
(2) If the large-scale solar energy facility is roof-mounted or otherwise integrated into a principal
or accessory building, the facility’s height shall not exceed the maximum height limit of the
district in which it is located.
(I) Base Setbacks. Ground mounted large-scale solar energy facilities that are located on contiguous
lots, shall;
(1) Not have minimum setbacks for interior, or abutting, lot lines;
(2) All fences and ancillary equipment/buildings shall be at least 200 ft. from any property line.
(3) All panels shall be at least 250 ft. from any property line.
(J) Location Standards.
(1) Wetlands, waterways, and floodplains shall be avoided.
(2) Ground mounted large-scale solar energy facilities shall not be located on non-contiguous lots.
(3) No large-scale solar facility shall be located within 5 miles of another existing or permitted
large-scale solar facility.
(K) Landscaping and Screening. A buffer shall be located within the setbacks required under this
Section and shall run around the entire perimeter of the property.
(1) All landscaping and screening shall be in accordance with Article VIII, Community Design
Standards, of this Ordinance, and must comply with Buffer Type C in Table VIII-2, except that
the minimum buffer width shall be 100 ft. wide. The first 50 ft. adjacent to the property line
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shall be planted as described in Type C and the remaining 50 ft. shall be planted with staggered
rows of evergreen tree plugs, except to the extent that existing vegetation provides the same
screening.
(2) All buffers and landscaping shall be maintained for the life of the facility.
(3) Existing forest resources shall be preserved by maintaining natural buffers whenever possible.
(L) Coordination of Local Emergency Services. The owner or operator shall coordinate with the
Pittsylvania County Fire Marshal to provide materials, education, and/or training on how to safely
respond to on-site emergencies. Emergency personnel will be given a key or code to access the
property in case of an on-site emergency.
(1) Prior to generation of power, a Fire Suppression Plan shall be submitted and approved by the
Public Safety Director.
(M) Noise. During operation, a large-scale solar facility shall not produce a noise level that exceeds 60
dBA as measured at the property line or 50 dBA as measured at the nearest neighboring dwelling.
(N) Maintenance. The owner or operator shall maintain the solar facility in good condition. Such
maintenance shall include, but not be limited to, painting, structural integrity of the equipment
and structures, as applicable, maintenance of the buffer areas, and landscaping. Site access shall
be maintained to a level acceptable to the County. The owner or operator shall be responsible for
the cost of maintaining the solar facility and access roads, and the cost of repairing damage to
private roads occurring as a result of construction and operation.
(O) Groundwater Monitoring. Ground water monitoring to assess the level of groundwater
contamination shall take place prior to, and upon completion of construction of the project,
throughout the entire area of the solar facility.
(1) Ground water monitoring shall take place every 5 years of the operation of the project, and
upon completion of decommissioning.
(2) Results from said monitoring shall be delivered to the Pittsylvania County Department of
Community Development.
(P) Security Fencing.
(1) The facilities shall be enclosed by security fencing.
(2) All security fencing shall be a minimum of 6 ft. in height and topped with razor/barbed wire, as
appropriate.
(3) All security fencing shall be placed behind the buffer and must be screened from view.
(4) All security fencing shall be placed around sections of the infrastructure (not the entire site) to
provide access corridors for wildlife to navigate through the facility.
(5) All security fencing shall be constructed so as to substantially lessen the likelihood of entry by
unauthorized individuals.
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(6) A performance bond reflecting the costs of anticipated security fence maintenance shall be
posted and maintained.
(7) The location of security fencing shall be shown on the Site Development Plan submitted.
(8) Failure to maintain the security fencing shall result in revocation of the Special Use Permit, and
the facility’s decommissioning.
(Q) Wildlife Corridors. The large-scale solar facility shall provide access corridors for wildlife to navigate
through the facility, at a number and design based on the Department of Wildlife Resources’
guidance and acceptable to the County.
(1) The proposed wildlife corridors shall be shown on the Site Development Plan submitted.
(2) Areas between fencing shall be kept open to allow for the movement of migratory animals and
other wildlife.
(R) Signage. No signage of any type may be placed on the facility other than notices, warnings, and
identification information required by law.
(1) Signage shall not exceed 40 sq. ft. displaying the facility name, address, and emergency contact
information, unless additional signage is required by National Electric Safety Code.
(2) Warning signage shall be placed on solar equipment to the extent appropriate or legally
required.
(3) Solar equipment shall not be used for displaying any advertising except for reasonable
identification of the manufacturer or operator of the solar energy project.
(4) All signs, flags, streamers, or similar items, both temporary and permanent, are prohibited on
solar equipment except as follows:
(i) Manufacturer's or installer's identification;
(ii) Appropriate warning signs and placards;
(iii) Signs that may be required by a federal agency; and
(iv) Signs that provide a 24-hour emergency contact phone number and warn of any danger.
(5) Educational signage providing information about the utility-scale solar energy facility and the
benefits of renewable energy may be allowed, provided such signage conforms with this
Section and all applicable standards of Article VIII, Community Design Standards, of this
Ordinance.
(S) Design Standards.
(1) The lowest surface of any panel shall be a maximum of 4 ft. above the finished grade on which
the panel is located.
(2) Panels shall be located and installed so that the sum of the glare is directed away from
structures and the public right-of-way to the extent possible.
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(3) Any new electrical transmission lines may be located either above or below ground in a manner
to be least intrusive and mitigate their impact to surrounding properties.
(4) Any tie lines shall be located and buffered to block visibility from public roads or other right-
of-way.
(5) The design of support buildings and related structures shall use materials, colors, textures,
screening, and landscaping that will blend the facilities to the natural setting and surrounding
structures.
(T) Liability Insurance. The owner shall provide proof of adequate liability insurance for a large-scale
solar facility prior to beginning construction and before the issuance of any permits.
(U) Inspection.
(1) Power generated by the solar energy facility shall not be sold until a final inspection has been
conducted to determine compliance with the requirements of this Ordinance and the Special
Use Permit.
(2) The owner shall allow designated County staff access to the facility for inspection purposes.
(i) The owner shall provide the name and contact information of a person with authority over
the facility who can provide access for any requested inspections.
(ii) County staff shall provide the owner with a 3-day notice prior to such inspection when
practicable.
(3) The owner shall reimburse the County its costs in obtaining an independent third-party
inspector to conduct inspections required by local and state laws and regulations, including the
Uniform Statewide Building Code.
(V) Herbicide Land Application Plan.
(1) EPA approved herbicides shall be used for vegetative and weed control at the facility by a
licensed applicator.
(2) An Herbicide Land Application Plan shall be submitted prior to approval of a final Site
Development Plan.
(3) The plan shall specify the type of herbicides to be used, the frequency of land application, the
identification of approved groundwater wells, wetlands, streams, and the distances from land
application areas to features such as wells, wetlands, streams, and other bodies of water.
(4) The operator shall notify the County prior to application of pesticides and fertilizers.
(W) Grading Plan. A Grading Plan that limits grading to the greatest extent practicable by avoiding steep
slopes and laying out arrays parallel to landforms. The Grading Plan shall include:
(1) Existing and proposed contours;
(2) Locations and amount of topsoil to be stripped and stockpiled onsite (if any);
(3) Percent of the site to be graded;
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(4) An earthwork balance achieved on-site with no import or export of soil; and
(5) Indication of natural flow patterns in drainage design and amount of impervious surface.
(X) Decommission and Reclamation.
(1) All applications for a large-scale solar energy facility shall require a Decommission and
Reclamation plan, as provided in Section 7-7-10(Y), below.
(2) Large-scale solar energy facilities which have reached the end of their useful life, have been
abandoned, or have not been in active and continuous service for a period of 12 months shall
be removed at the owner’s or operator’s expense, except if the project is being repowered or
a force majeure event has or is occurring requiring longer repairs; however, the Board of
Zoning Appeals may require evidentiary support that a longer repair period is necessary.
(3) The owner or operator shall notify the Administrator by certified mail of the proposed date of
discontinued operations and plans for removal.
(4) If the owner of the facility fails to remove the installation in accordance with the requirements
of the Decommission and Reclamation Plan, or within the proposed date of decommissioning,
the County may collect the surety and the County or hired third party may enter the property
to physically remove the installation.
(5) If a facility is abandoned and the owner receives a notice of abandonment from the
Administrator, the owner shall either complete all decommissioning activities and remove the
solar energy facility in accordance with the Decommission and Reclamation Plan or resume
regular operation within 30 days.
(Y) Decommission and Reclamation Plan.
(1) All Decommissioning and Reclamation Plans shall be certified by an engineer or contractor with
demonstrated expertise in solar facility removal, and shall include the following:
(i) The anticipated life of the project;
(ii) An estimated deconstruction schedule;
(iii) The manner in which the project will be decommissioned; and
(iv) The estimated decommissioning cost in current dollars, provided in an itemized format
by a Virginia Licensed Professional Engineer (PE).
(v) The estimated cost of decommissioning shall be guaranteed by bond, letter of credit, or
other security approved by the County.
(a) The owner shall deposit the required amount into the approved escrow account
before any building permit is issued to allow construction of the utility-scale solar
facility.
(b) The escrow account agreement shall prohibit the release of the bond without the
written consent of the County. The County shall consent to the release of the bond
upon the owner’s compliance with the approved Decommission and Reclamation Plan.
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The County may approve the partial release of the bond as portions of the approved
Decommission and Reclamation Plan are performed.
(c) The dollar amount of the bond shall be the full amount of the estimated
decommissioning cost without regard to the possibility of salvage value.
(d) The owner or occupant shall recalculate the estimated cost of decommissioning every
5 years. If the recalculated estimated cost of decommissioning exceeds the original
estimated cost of decommissioning by 10%, then the owner or occupant shall deposit
additional funds into the bond to meet the new cost estimate. If the recalculated
estimated cost of decommissioning is less than 90% of the original estimated cost of
decommissioning, then the County may approve reducing the amount of the bond to
the recalculated estimate of decommissioning cost.
(2) Decommission shall include removal of all solar electric systems, buildings, cabling, electrical
components to a depth of at least 36 inches, and security barriers, roads, foundations, pilings,
and any other associated facilities, so that any agricultural ground upon which the facility
and/or system was located is again tillable and suitable for agricultural uses.
(3) The site shall be graded and re-seeded or replanted within 12 months of removal of solar
facilities to restore it to as natural of a pre-development condition as possible.
(i) Any exception to site restoration, such as leaving driveways, entrances, or landscaping in
place, or substituting plantings, shall be requested by the landowner in writing, and this
request shall be approved by the Board of Zoning Appeals.
(4) Hazardous material from the property shall be disposed of in accordance with federal and state
law.
Section 7-7-11. Solar Energy Facility, Small-Scale.
(A) Intent.
(1) The intent of this Section is to allow small-scale solar energy facilities in a manner that
promotes the development of renewable energy sources, while limiting and mitigating impacts
on natural resources and existing agricultural, forestry, residential, commercial, industrial,
historical, cultural, and recreational uses of property, or the future development of such uses
of property within the County.
(2) The purpose of this Section is to outline the process and requirements for the construction,
installation, operation, and decommissioning of small-scale solar energy facilities that ensures
the protection of health, safety, and welfare, while also avoiding adverse impacts on County
resources.
(3) This Section is not intended to abridge safety, health, environmental, or land use requirements
contained in other applicable laws, codes, regulations, standards, or ordinances. This Section
does not supersede or nullify any provision of local, State, or Federal law that applies to solar
energy facilities.
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(B) Compliance.
(1) All small-scale solar energy facilities shall fully comply with all applicable local regulations, as
well as all applicable state and federal regulations, including but not limited to, the U.S.
Environmental Protection Agency (EPA), Federal Aviation Administration (“FAA”), State
Corporation Commission (“SCC”) or equivalent, any state departments related to
environmental quality, parks, and wildlife protection, as well as all the applicable regulations
of any other agencies that were in force at the time of the permit approval.
(2) The design and installation of all small-scale solar energy facilities shall conform to applicable
industry standards, including those of the American National Standards Institute (ANSI),
Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), or
other similar certifying organizations and shall comply with all fire and safety requirements.
(3) Site Development Plans shall be required for all small-scale solar energy facilities, in accordance
with Article III, Permits and Applications, of this Ordinance.
(C) Consumption. Generated electricity may only be used for on-site consumption.
(D) Land Disturbance.
(1) The clearing, grading, and overall site disturbance is limited to only that which is necessary;
superfluous clearing and grading is not permitted, in order to retain existing trees and other
groundcover.
(E) Height Limits.40
(1) If the small-scale solar energy facility is ground-mounted or not flush-mounted on a principal
or accessory building, the facility’s height shall not exceed 15 ft. at the tallest point, as
measured from the base of the facility at grade to its highest point.
(2) If the small-scale solar energy facility is roof-mounted on a principal or accessory building, the
facility’s height shall not exceed the maximum height limit of the primary underlying zoning
district.
(F) Setbacks.41 All small-scale solar energy facilities shall comply with all setback requirements of the
underlying zoning district in which it is located.
(G) Landscaping and Screening. Landscaping and screening shall be provided for ground mounted solar
to block visibility of the panel(s) and ancillary equipment from adjacent properties. All landscaping
and screening shall be in accordance with Article VIII, Community Design Standards, of this
Ordinance.
(H) Design Standards.
(1) If the small-scale solar energy facility is ground-mounted or not flush-mounted on a principal
or accessory building, then:
40 Editor’s Note: Standards included in 35-141(A) of the existing Ordinance; they have been reworded for clarity.
41 Editor’s Note: Standard included in 35-141(A) of the existing Ordinance; reworded for clarity.
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(i) The lowest surface of any panel shall be a maximum of 3 ft. above the finished grade on
which the panel is located.42
(ii) All wiring not on the solar arrays shall be underground except where necessary.
(2) All small-scale solar energy facilities shall utilize components which have a UL listing or
equivalent and fully comply with all applicable building and electrical codes and shall not
generate or create electrical interruptions or interference with existing electrical or electronic
uses.43
(3) All ground-mounted small-scale solar energy facilities shall be sited to avoid glare and heat
transference to adjacent properties.
(I) Inspection.
(1) The owner will allow designated County staff access to the facility for inspection purposes. The
County staff will provide the owner with 24-hour notice prior to such inspection when
practicable.
(2) The owner shall reimburse the County its costs in obtaining an independent third-party to
conduct inspections required by local and state laws and regulations.
(J) Decommission.
(1) Small-scale solar energy facilities which have reached the end of their useful life, have been
abandoned, or have not been in active and continuous service for a period of 12 months shall
be removed at the owner’s or operator’s expense, except if the facility is being repowered or
a force majeure event has or is occurring requiring longer repairs; however, the County may
require evidentiary support that a longer repair period is necessary.
(2) The owner or operator shall notify the Administrator by certified mail of the proposed date of
discontinued operations and plans for removal.
(3) If a facility is abandoned and the owner receives a notice of abandonment from the
Administrator, the owner shall either remove the solar energy facility or resume regular
operation within 30 days.
(4) If the owner of the solar facility fails to remove the installation within the proposed date of
decommissioning, a hired third party may enter the property to physically remove the
installation.
(5) Decommission shall include removal of all solar electric systems, buildings, cabling, electrical
components, security barriers, roads, foundations, pilings, and any other associated facilities,
so that any agricultural ground upon which the facility and/or system was located is again
tillable and suitable for agricultural uses.
42 See above.
43 See above.
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(6) Hazardous material from the property shall be disposed of in accordance with federal and state
law.
Section 7-7-12. Solar Energy Facility, Utility-Scale.44 45
(A) Intent.
(1) The intent of this Section is to allow utility-scale solar energy facilities in a manner that
promotes the development of renewable energy sources, while limiting and mitigating impacts
on natural resources and existing agricultural, forestry, residential, commercial, industrial,
historical, cultural, and recreational uses of property, or the future development of such uses
of property within the County.
(2) The purpose of this Section is to outline the process and requirements for the construction,
installation, operation, and decommissioning of utility-scale solar energy facilities that ensures
the protection of health, safety, and welfare, while also avoiding adverse impacts on County
resources.
(3) This Section is not intended to abridge safety, health, environmental, or land use requirements
contained in other applicable laws, codes, regulations, standards, or ordinances. This Section
does not supersede or nullify any provision of local, State, or Federal law that applies to solar
energy facilities.
(B) Compliance.46
(1) All utility-scale solar energy facilities shall fully comply with all applicable local regulations, as
well as all applicable state and federal regulations, including but not limited to, the U.S.
Environmental Protection Agency (EPA), Federal Aviation Administration (“FAA”), State
Corporation Commission (“SCC”) or equivalent, any state departments related to
environmental quality, parks, and wildlife protection, as well as all the applicable regulations
of any other agencies that were in force at the time of the permit approval.
(2) The design and installation of all utility-scale solar energy facilities shall conform to applicable
industry standards, including those of the American National Standards Institute (ANSI),
Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), or
other similar certifying organizations and shall comply with all fire and safety requirements.
(C) Lot Area. 47
44 Editor’s Note: All amendments to the solar ordinance adopted by the Board of Supervisors in March 2023 have
been included in this Section.
45 Editor’s Note: Most requirements for utility-scale solar energy facilities are new additions, based on County and
community feedback for a more robust solar ordinance that addresses potential adverse impacts on adjacent
properties and the environment.
46 Editor’s Note: The current Ordinance only requires compliance with UL industry standards; compliance
requirements have been expanded to ensure all applicable regulations and industry standards are being met.
47 Editor’s Note: Standard included in Section 35-141(C) of the current Ordinance.
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(1) No more than two percent (2%) of the total acreage within a single zoning district shall be
approved for use as a utility-scale solar energy facility.
(i) Utility-Scale Solar Energy Facilities shall be exempt from Section 7-7-12(C)(1), above, if the
proposed project has entered into a Power Purchase Agreement (“PPA”), or similar
agreement, with a tenant company located within the defined boundaries of the Southern
Virginia Megasite at Berry Hill, which also has an approved local performance agreement
with the Board of Supervisors.
(D) Consumption. Generated electricity may be provided to electric cooperative member-customers
(non-retail, from behind the meter) or distributed for commercial consumption.
(E) Land Disturbance. The clearing, grading, and overall site disturbance is limited to only that which is
necessary; superfluous clearing and grading is not permitted, in order to retain existing trees and
other groundcover.
(F) Height Limits.48
(1) If the utility-scale solar energy facility is ground-mounted, the facility’s height shall not exceed
15 ft. at the tallest point, including appurtenances, as measured from the base of the facility at
grade to its tallest point.
(a) The Board of Zoning Appeals may approve a greater height based upon the
demonstration of a significant need where the impacts of increased height are
mitigated.
(2) If the utility-solar energy facility is roof-mounted or otherwise integrated into a principal or
accessory building, the facility’s height shall not exceed the maximum height limit of the district
in which it is located.
(G) Base Setbacks.49
(1) Ground mounted utility-scale solar energy facilities that are located on contiguous lots, shall;
(a) Not have minimum setbacks for interior, or abutting, lot lines;
(b) All fences and ancillary equipment/buildings shall be at least 200 ft. from any property
line.
(c) All panels shall be at least 250 ft. from any property line.
(H) Additional Setbacks and Location Standards.50
(1) Any tie lines shall be located and buffered to block visibility from public roads or other right-
of-way.
48 Editor’s Note: Standards included in Section 35-141(F) of the current Ordinance. (A) has been added to allow the
Board of Supervisors greater flexibility as needed on a case-by-case basis.
49 Editor’s Note: Setbacks for both fences/ancillary structures and panels have been increased by 50 ft. each.
50 Editor’s Note: (4) is an existing standard in Section 35-141(C) of the current Ordinance; (1), (2), and (3) are proposed
additions.
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(2) Wetlands, waterways, and floodplains shall be avoided.
(3) Ground mounted utility-scale solar energy facilities shall not be located on non-contiguous lots.
(4) No utility-scale solar facility shall be located within 5 miles of another existing or permitted
utility-scale solar facility.
(i) Utility-Scale Solar Energy Facilities shall be exempt from Section 7-7-12(H)(4), above, if
the proposed project has entered into a Power Purchase Agreement (“PPA”), or similar
agreement, with a tenant company located within the defined boundaries of the
Southern Virginia Megasite at Berry Hill, which also has an approved local performance
agreement with the Board of Supervisors.
(I) Buffer.51 A buffer shall be located within the setbacks required under this Section and shall run
around the entire perimeter of the property.
(1) The buffer shall be maintained for the life of the facility.
(2) Existing forest resources shall be preserved by maintaining natural buffers whenever possible.
(3) Utility-scale facilities shall be in accordance with Article VIII, Community Design Standards, of
this Ordinance, and must comply with Buffer Type C in Table VIII-2, except that the minimum
buffer width shall be 100 feet wide.
(i) The first 50 feet adjacent to the property line shall be planted as described in Type C with
evergreen plantings of varieties native or adaptable to the region and a minimum of 6 ft
height at time of planting, with one row consisting of a variety expected to reach a
minimum height of 25 ft. and the remaining rows of varieties designed to reach at least
15 ft. in height at maturity, and the remaining 50 feet shall be planted with staggered
rows of evergreen tree plugs, except to the extent that existing vegetation provides the
same screening.
(J) Coordination of Local Emergency Services. The owner or operator shall coordinate with the
Pittsylvania County Fire Marshal to provide materials, education, and/or training on how to safely
respond to on-site emergencies. Emergency personnel will be given a key or code to access the
property in case of an on-site emergency.
(1) Prior to generation of power, a Fire Suppression Plan shall be submitted and approved by the
Public Safety Director.
(K) Noise.52 During operation, a utility-scale solar facility shall not produce noise levels that exceed the
following dBA measurements:
51 Editor’s Note: Currently required in Section 35-141(D) of the current Ordinance but reorganized for clarity and to
require conformance with all applicable requirements of Article VIII.
52 Editor’s Note: Section 35-141(F) of the current Ordinance states that all utility-scale solar energy facilities must
comply with Pittsylvania County’s Noise Control Ordinance, but the requirements shall be no more stringent than for
other development in the underlying zoning district. This has been removed to apply a standard maximum noise level
based on the zoning of adjacent properties. 77 dBA in industrial districts is consistent with the regulations of Chapter
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(1) 77 dBA as measured from the property line of all adjacent industrially zoned properties;
(2) 60 dBA as measured from the property line of all adjacent properties not zoned industrially;
and
(3) 50 dBA as measured from the exterior of the nearest residential dwelling unit.
(L) Maintenance. The owner or operator shall maintain the solar facility in good condition. Such
maintenance shall include, but not be limited to, painting, structural integrity of the equipment
and structures, as applicable, maintenance of the buffer areas, and landscaping. Site access shall
be maintained to a level acceptable to the County. The owner or operator shall be responsible for
the cost of maintaining the solar facility and access roads, and the cost of repairing damage to
private roads occurring as a result of construction and operation.
(M) Groundwater Monitoring. Ground water monitoring to assess the level of groundwater
contamination shall take place prior to, and upon completion of construction of the project,
throughout the entire area of the solar facility.
(1) Ground water monitoring shall take place every 5 years of the operation of the project, and
upon completion of decommissioning.
(2) Results from said monitoring shall be delivered to the Pittsylvania County Department of
Community Development.
(N) Security Fencing.
(1) The facilities shall be enclosed by security fencing.
(2) All security fencing shall be a minimum of 6 ft. in height and topped with razor/barbed wire, as
appropriate.
(3) All security fencing shall be placed behind the buffer and must be screened from view.
(4) All security fencing shall be placed around sections of the infrastructure (not the entire site) to
provide access corridors for wildlife to navigate through the facility.
(5) All security fencing shall be constructed so as to substantially lessen the likelihood of entry by
unauthorized individuals.
(6) A performance bond reflecting the costs of anticipated security fence maintenance shall be
posted and maintained.
(7) The location of security fencing shall be shown on the Site Development Plan submitted.
(8) Failure to maintain the security fencing shall result in revocation of the Special Use Permit, and
the facility’s decommissioning.
41 of the Pittsylvania County Ordinance; 60 dBA from the property line of all other districts and 50 dBA from the
nearest residential dwelling are best practices.
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(O) Wildlife Corridors. The utility-scale solar facility shall provide access corridors for wildlife to navigate
through the facility, at a number and design based on the Department of Wildlife Resources’
guidance and acceptable to the County.
(1) The proposed wildlife corridors shall be shown on the Site Development Plan submitted.
(2) Areas between fencing shall be kept open to allow for the movement of migratory animals and
other wildlife.
(P) Signage.53 No signage of any type may be placed on the facility other than notices, warnings, and
identification information required by law.
(1) Signage shall not exceed 40 sq. ft. displaying the facility name, address, and emergency contact
information, unless additional signage is required by National Electric Safety Code.
(2) Warning signage shall be placed on solar equipment to the extent appropriate or legally
required.
(3) Solar equipment shall not be used for displaying any advertising except for reasonable
identification of the manufacturer or operator of the solar energy project.
(4) All signs, flags, streamers, or similar items, both temporary and permanent, are prohibited on
solar equipment except as follows:
(a) Manufacturer's or installer's identification;
(b) Appropriate warning signs and placards;
(c) Signs that may be required by a federal agency; and
(d) Signs that provide a 24-hour emergency contact phone number and warn of any
danger.
(5) Educational signage providing information about the utility-scale solar energy facility and the
benefits of renewable energy may be allowed, provided such signage conforms with this
Section and all applicable standards of Article VIII, Community Design Standards, of this
Ordinance.
(Q) Additional Design Standards.
(1) The lowest surface of any panel shall be a maximum of 4 ft. above the finished grade on which
the panel is located.
(2) Panels shall be located and installed so that the sum of the glare is directed away from
structures and the public right-of-way to the extent possible.
(3) Any new electrical transmission lines may be located either above or below ground in a manner
to be least intrusive and mitigate their impact to surrounding properties.
53 Editor’s Note: (4) and (5) are regulations included in Section 35-141(F) of the existing Ordinance; (1), (2), and (3) are
proposed for addition.
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(4) The design of support buildings and related structures shall use materials, colors, textures,
screening, and landscaping that will blend the facilities to the natural setting and surrounding
structures.
(R) Grid Tied System. No grid-tied system shall be installed until evidence has been given as part of the
application that the owner has been approved by the utility company to install the system.
(S) Liability Insurance.54 The owner shall provide proof of adequate liability insurance for a utility-scale
solar facility prior to beginning construction and before the issuance of any permits.
(T) Inspection.
(1) Power generated by the solar energy facility shall not be sold until a final inspection has been
conducted to determine compliance with the requirements of this Ordinance and the Special
Use Permit.
(2) The owner shall allow designated County staff access to the facility for inspection purposes.
(i) The owner shall provide the name and contact information of a person with authority over
the facility who can provide access for any requested inspections.
(ii) County staff shall provide the owner with a 3-day notice prior to such inspection when
practicable.
(3) The owner shall reimburse the County its costs in obtaining an independent third-party
inspector to conduct inspections required by local and state laws and regulations, including the
Uniform Statewide Building Code.
(U) Application Requirements. In addition to any requirements of Article III, Permits and Applications,
of this Ordinance, applications for utility-scale solar energy facilities shall include the following.
(1) Pre-Application Meeting. A pre-application meeting shall be held with the Administrator to
discuss the location, scale, and nature of the proposed use, what will be expected during that
process, and the potential for a siting agreement.
(2) Neighborhood Meeting. A public meeting shall be held to give the community an opportunity
to hear from the applicant and ask questions regarding the proposed project. The meeting shall
adhere to the following:
(i) The applicant shall inform the Administrator and adjacent property owners in writing of
the date, time, and location of the meeting, at least 14 but no more than 21 days, in
advance of the meeting date.
(ii) The date, time, and location of the meeting shall be advertised in a newspaper of record
in the County by the applicant, at least 14 but no more than 21 days, in advance of the
meeting date.
(iii) The meeting shall be held within the County, at a location open to the public with
adequate parking and seating facilities that will accommodate persons with disabilities.
54 Editor’s Note: Regulation is currently included in Section 35-141(D) of the current Ordinance.
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(iv) The meeting shall give members of the public the opportunity to review application
materials, ask questions of the applicant, and provide feedback.
(v) The applicant shall provide the Administrator a summary of any input received from
members of the public at the meeting and copies of any written submissions from the
public.
(3) Siting Agreement.55 Prior to application for a Special Use Permit, the applicant shall enter into
a Siting Agreement with the County, in accordance with Code of Virginia § 15.2-2316.7, as
amended.
(4) Project Narrative56. A detailed narrative that:
(i) Identifies the applicant, facility owner, site owner, and operator;
(ii) Describes the proposed facility, including:
(a) An overview of the project and its location;
(b) The size of the site and the total project area;
(c) The current use of the site;
(d) The estimated time for construction and proposed date for commencement of
operations;
(e) The planned maximum rated capacity of the facility;
(f) The approximate number, representative types, and expected footprint of solar
equipment to be constructed; including the maximum number of photovoltaic
panels and ancillary facilities; and
(g) How and where the electricity will be transmitted, including the location of the
proposed electrical grid interconnection.
(iii) Site Development Plan. In addition to the Site Development Plan requirements of Article
III, Permits and Applications, of this Ordinance, all Site Development Plans for utility-scale
solar energy facilities may also require additional information as determined by the
Administrator, such as a scaled elevation view and other supporting drawings, photographs
of the proposed site, photo or other realistic simulations or modeling of the proposed solar
energy project from potentially sensitive locations as deemed necessary by the
Administrator to assess the visual impact of the project, landscaping and screening plan,
coverage map, and additional information that may be necessary for a technical review of
the proposal.
(5) Construction Schedule. An estimated construction schedule.
55 Editor’s Note: Standard included in Section 35-141(C) of the current Ordinance; the Code of Virginia reference has
been added for clarity.
56 Editor’s Note: Any required narrative components included in Section 35-141(D) of the current Ordinance have
been retained; text has been reorganized for clarity and new text has been proposed for a complete narrative.
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(6) Visual Impact Analysis.57 The analysis demonstrates project siting and proposed mitigation, if
necessary, so that the facility minimizes impact on the visual character of the municipality.
(i) The applicant shall provide accurate, to scale, photographic simulations showing the
relationship of the facility and its associated amenities and development to its
surroundings. The photographic simulations shall show such views of solar structures from
locations such as property lines, roadways, and any historic properties listed on the Virginia
Landmarks Register or the National Register of Historic Places within 5 miles of the
proposed facility as deemed necessary by the Administrator to assess the visual impact of
the facility.
(ii) The total number of simulations and the perspectives from which they are prepared shall
be established by the Administrator after the pre-application meeting.
(7) Community Impact Assessment. An assessment of the impact on the immediate vicinity of the
proposed solar project as well as the greater Pittsylvania County community.
(i) The report shall be prepared by a professional acting within his or her competency, shall
be presented in written form and shall analyze in specific terms the probable impact of the
project on the vicinity and community over time.
(ii) Specific attention, as may be appropriate to the individual proposal, should be given but
not limited to the following elements:
(a) Anticipated direct revenues to the County from real estate and personal property
taxes;
(b) An assessment of employment opportunities to be created by the proposed
development;
(c) An assessment of the short- and long-term economic impact of the proposed
development;
(d) If the development is replacing an existing enterprise, including agriculture and
forestry, an assessment of the impact the current enterprise has on the local economy
and how the local economy will be impacted by the loss of the existing enterprise; and
(e) Fire, rescue, and law enforcement requirements as compared to existing capacities
and facilities.
(iii) The Administrator may waive certain elements of the Community Impact Assessment,
where the nature of the proposed facility makes such elements inapplicable.
(V) Environmental Impact Assessment.58 A statement regarding any site and viewshed impacts,
including direct and indirect impacts to national or state forests and grasslands, national or state
57 Editor’s Note: Replaces the viewshed protection plan currently required in Section 35-141(D).12, adding additional
requirements for impact analysis.
58 Editor’s Note: Required in Section 35-141(D) of the current Ordinance; text has been amended for clarity.
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parks, County parks, wildlife management areas, conservation easements, or recreational areas,
on or within 5 miles of the proposed facility.
(1) Wetlands, rivers and streams, and floodplains shall be inventoried, delineated, and mapped to
provide baseline data for the evaluation of the current proposal and to determine satisfactory
decommissioning as required in this Section.
(i) The inventory and mapping of floodplain shall not be construed to allow development
within regulatory flood plain areas.
(W) Traffic Study.
(1) Information about the proposed facility’s traffic impacts, modeling both the construction and
decommissioning processes, to include:
(i) The time of day that transport will occur;
(ii) Characteristics of the loaded vehicles, including:
(a) Length, height, width, curb weight;
(b) Maximum load capacity;
(c) Number of axles, including trailers; and
(d) Distance between axles.
(iii) The number of vehicles transporting goods;
(iv) The frequency of vehicle arrival at the site; and
(v) The number of drivers the project will employ.
(2) The haul route(s) shall be provided and approved for construction impacts.
(3) After review of the application’s traffic impact information, the County may require a full traffic
study to be accepted by an engineer approved by the County.
(X) Grading Plan. A Grading Plan that limits grading to the greatest extent practicable by avoiding steep
slopes and laying out arrays parallel to landforms. The Grading Plan shall include:
(1) Existing and proposed contours;
(2) Locations and amount of topsoil to be stripped and stockpiled onsite (if any);
(3) Percent of the site to be graded;
(4) An earthwork balance achieved on-site with no import or export of soil; and
(5) Indication of natural flow patterns in drainage design and amount of impervious surface.
(Y) Landscaping Plan.
(1) The Landscape Plan shall be prepared by a certified landscape architect or other qualified,
licensed person.
(2) The Landscaping Plan shall indicate:
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(i) All ground cover, screening and buffering materials, landscaping, and elevations.
(a) All landscaping, screening, and buffering shall be in accordance with Article VIII,
Community Design Standards, of this Ordinance, and Section 7-7-12(I), above.
(b) Ground cover shall be native vegetation where compatible with site conditions.
(c) Screening vegetation shall include pollinator plants where compatible with site
conditions.
(ii) Locations of wildlife corridors.
(iii) Maintenance requirements.
(Z) Herbicide Land Application Plan.
(1) EPA approved herbicides shall be used for vegetative and weed control at the facility by a
licensed applicator.
(2) An Herbicide Land Application Plan shall be submitted prior to approval of a final Site
Development Plan.
(3) The plan shall specify the type of herbicides to be used, the frequency of land application, the
identification of approved groundwater wells, wetlands, streams, and the distances from land
application areas to features such as wells, wetlands, streams, and other bodies of water.
(4) The operator shall notify the County prior to application of pesticides and fertilizers.
(AA) Decommission and Reclamation.59
(1) All applications for a utility-scale solar energy facility shall require a Decommission and
Reclamation plan, as provided in Section 7-7-12(BB), below.
(2) Utility-scale solar energy facilities which have reached the end of their useful life, have been
abandoned, or have not been in active and continuous service for a period of 12 months shall
be removed at the owner’s or operator’s expense, except if the project is being repowered or
a force majeure event has or is occurring requiring longer repairs; however, the Board of
Zoning Appeals may require evidentiary support that a longer repair period is necessary.
(3) The owner or operator shall notify the Administrator by certified mail of the proposed date of
discontinued operations and plans for removal.
(4) If the owner of the facility fails to remove the installation in accordance with the requirements
of the Decommission and Reclamation Plan, or within the proposed date of decommissioning,
the County may collect the surety and the County or hired third party may enter the property
to physically remove the installation.
59 Editor’s Note: A decommission plan is required in Section 35-141(E) of the current Ordinance; text has been
amended and reorganized for clarity. Additional requirements have been added to address proper disposal of
equipment and grading and re-seeding of property.
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(5) If a facility is abandoned and the owner receives a notice of abandonment from the
Administrator, the owner shall either complete all decommissioning activities and remove the
solar energy facility in accordance with the Decommission and Reclamation Plan or resume
regular operation within 30 days.
(BB) Decommission and Reclamation Plan.
(1) All Decommissioning and Reclamation Plans shall be certified by an engineer or contractor with
demonstrated expertise in solar facility removal, and shall include the following:
(i) The anticipated life of the project;
(ii) An estimated deconstruction schedule;
(iii) The manner in which the project will be decommissioned; and
(iv) The estimated decommissioning cost in current dollars, provided in an itemized format
by a Virginia Licensed Professional Engineer (PE).
(v) The estimated cost of decommissioning shall be guaranteed by bond, letter of credit, or
other security approved by the County.
(a) The owner shall deposit the required amount into the approved escrow account
before any building permit is issued to allow construction of the utility-scale solar
facility.
(b) The escrow account agreement shall prohibit the release of the bond without the
written consent of the County. The County shall consent to the release of the bond
upon the owner’s compliance with the approved Decommission and Reclamation Plan.
The County may approve the partial release of the bond as portions of the approved
Decommission and Reclamation Plan are performed.
(c) The dollar amount of the bond shall be the full amount of the estimated
decommissioning cost without regard to the possibility of salvage value.
(d) The owner or occupant shall recalculate the estimated cost of decommissioning every
5 years. If the recalculated estimated cost of decommissioning exceeds the original
estimated cost of decommissioning by 10%, then the owner or occupant shall deposit
additional funds into the bond to meet the new cost estimate. If the recalculated
estimated cost of decommissioning is less than 90% of the original estimated cost of
decommissioning, then the County may approve reducing the amount of the bond to
the recalculated estimate of decommissioning cost.
(2) Decommission shall include removal of all solar electric systems, buildings, cabling, electrical
components to a depth of at least 36 inches, and security barriers, roads, foundations, pilings,
and any other associated facilities, so that any agricultural ground upon which the facility
and/or system was located is again tillable and suitable for agricultural uses.
(3) The site shall be graded and re-seeded or replanted within 12 months of removal of solar
facilities to restore it to as natural of a pre-development condition as possible.
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(i) Any exception to site restoration, such as leaving driveways, entrances, or landscaping in
place, or substituting plantings, shall be requested by the landowner in writing, and this
request shall be approved by the Board of Zoning Appeals.
(4) Hazardous material from the property shall be disposed of in accordance with federal and state
law.
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Editor’s Note: These definitions are included for review and to aid in understanding the concepts of Article
VI, Use Matrix, and Article VII, Community Design Standards. They will be placed in Article X – Definitions
following the review of the Planning Commission, Board of Zoning Appeals, and Board of Supervisors.
Definitions for Articles VI and VII.1
General Definitions
Animal Unit. For the purpose of determining the number of livestock animals permitted to be kept as
residential agriculture, one (1) animal unit shall consist of domestic or domesticated animals/fowl
based on the following:
One (1) animal unit = one (1) adult bovine (cattle, buffalo);
two (2) juvenile bovine animals less than one (1) year old;
one (1) equine animal (horse, donkey, mule);
five (5) camelid animals (llamas, alpacas);
five (5) capridae animals (goats);
two (2) porcine animals (pigs);
sixteen (16) small poultry (chickens, ducks);
eight (8) medium poultry (turkeys, geese); or
three (3) large poultry (ostriches, emus).
Inoperable vehicle.2 Any motor vehicle which is not in operating condition; or which for a period of sixty
(60) days or longer has been partially or totally disassembled by the removal of tires and wheels, the
engine, or other essential parts required for the operation of the vehicle; and for which there is no valid
inspection sticker. The term does not include farm use vehicles or antique vehicles.
Nutrient Management Plan. A site-specific plan developed by a Certified Nutrient Management Planner
and reviewed by the Virginia Department of Conservation and Recreation intended to improve and
protect water quality using best management practices such as timing, rate and placement of fertilizer,
manure and biosolids for agricultural and urban purposes.
Recreational Vehicle. Recreational vehicle means a vehicular type or portable structure without a
permanent foundation which can be towed, hauled, or driven and primarily designed as temporary
living accommodations for recreational, camping, and travel use and including, but not limited to: travel
trailers, truck campers, camping trailers, and self-propelled motor homes.
1 Editor’s Note: Unless otherwise noted, all definitions are new additions to the Zoning Ordinance.
2 Editor’s Note: Definition included in current Ordinance.
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Agricultural Use Terms
Agriculture. Any operation devoted to the bona fide production of crops, or animals, or fowl; the
production of fruits and vegetables of all kinds; the production and harvest of products from
silvicultural activity; and farm wineries, farm breweries, and farm distilleries as defined by the Code of
Virginia.
Agriculture, intensive. The commercial confined keeping of at least 300 animal units and where such
animals are or will be stabled or confined and fed or maintained for a minimum of forty-five (45) days
in any twelve (12) month period, and storage of agricultural products with accessory uses including
storage bins and litter/manure storage. The operations of the use may generate dust, noise, odors,
pollutants, or visual impacts that could adversely affect adjacent properties. This use does not include
Stable, Private or Stable, Commercial, as defined by this Ordinance.
Agriculture, residential. Land incidental to a principal residential dwelling utilized for limited agricultural
activities for personal use and recreation such as, although not exclusively, gardening, apiaries (bee
keeping), and the keeping of domestic livestock, horses, and poultry laying hens.
Agritourism. Pursuant to the Code of Virginia §15.2-2288.6, any activity carried out at a farm winery,
farm brewery, farm distillery, farm, ranch, or other agricultural operation, that allows members of the
general public, for recreational, entertainment, or educational purposes, to view or enjoy rural
activities, including farming, wineries, ranching, historical, cultural, harvest-your-own activities, or
natural activities and attractions, regardless of whether or not the participant paid to participate in the
activity. These rural activities also include, but are not limited to, farm tours, tours of an individual
agricultural operation, hayrides, heirloom plant/animal exhibits, crop mazes, and educational
programs, workshops, or demonstrations related to agriculture or silviculture. This use does not include
weddings and other non-agricultural events as provided by the use Event Venue, as defined by this
Ordinance.
Anaerobic digester. A facility that uses microrganisms and a lack of oxygen to break down biodegrable
material such as animal wastes, agricultural wastes, or industrial wastes, and results in the production
of biogas and digestate.
Greenhouse. An establishment or place of business primarily engaged in retail sales from the premises
including trees, shrubs, seeds, fertilizers, pesticides, plants, and plant materials primarily for
agricultural, residential, and commercial consumers. Such an establishment may include a structure
used for the cultivation and exhibition of plants under controlled conditions in which plants are offered
for sale to the public, either at wholesale or at retail.
Processing facility, small-scale. A small-scale commercial use for the for-profit slaughtering and
processing of animals that are transported to the facility; includes the processing and storage of animal
products/waste that results from the process.
Slaughterhouse. A building used for the for-profit slaughtering of animals that are transported to the
building in large quantities, slaughtered, and processed and resulting in the storage of animal products
and waste.
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Stable, commercial. A lot, building, or group of buildings, where compensation, whether monetary or
goods, is provided for the boarding of equine; training of students; or fields or arenas used for
scheduled, public, or club events.
Stable, private. A lot, building, or group of buildings, where horses are kept for the private use of the
owners or their guests, but in no event for hire or compensation.
Wayside stand. An establishment for the seasonal retail sale of agricultural or forestal goods and
merchandise incidental to an agricultural operation. Merchandise may include items such as fruits,
vegetables, flowers, herbs, plants, jams, jellies, sauces, baked goods, or home-made handicrafts.
Merchandise may not include warehouse items for resell, such as clothing, housewares, etc. Also
referred to as a roadside stand or farm stand.
Residential Use Terms
Bed and Breakfast. A single family dwelling, that is occupied by the owner or agent who resides on
premises, that provides temporary lodging. Food service shall be at least one meal per day, to each
person to whom overnight lodging is provided.
Day Care, Family Home (1-4 Children). A child day program, as defined under Code of Virginia § 22.1-
289.02, for children offered in the residence of the provider for up to four children at any one time,
exclusive of the provider's own children and any children who reside in the home, when at least one
child receives care for compensation.
Day Care, Family Home (5-12 Children). A child day program, as defined under Code of Virginia § 22.1-
289.02, for children offered in the residence of the provider for between five and twelve children at
any one time, exclusive of the provider's own children and any children who reside in the home, when
at least one child receives care for compensation.
Dwelling, Accessory. An ancillary or secondary dwelling unit that exists on the same lot as the principal
dwelling as a standalone structure, in an accessory structure, or attached to or in a primary structure.
Dwelling, Manufactured Home. A "single-wide," "double-wide," or "triple-wide" structure that is
transportable in one (1) or more sections, is eight (8) feet or more in width and forty (40) feet or more
in length in the traveling mode, is built on a permanent chassis and is designed for use as a dwelling
unit with or without a permanent foundation when connected to the required utilities. For purposes
of this chapter, a Manufactured Home must meet the standards promulgated by the United States
Department of Housing and Urban Development (HUD), published at 24 CFR Part 3280, including the
ANSI standards incorporated therein by reference. For purposes of this Chapter, a Manufactured Home
must bear a data plate declaring that it meets HUD standards.
Dwelling, Multi-Family. A building arranged or designed to be occupied by three or more dwelling units
for permanent occupancy, regardless of the method of ownership. Included in the use type but not
limited to would be garden apartments, low-and high-rise apartments, apartments for elderly housing,
and condominiums.
Dwelling, Single-Family. A site built or modular building designed for and used exclusively as one
dwelling unit for permanent occupancy by one family, which is surrounded by open space or yards on
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all sides, is located on its own individual lot, and which is not attached to any other dwelling by any
means.
Dwelling, Two-Family. Also referred to as a duplex; means a structure arranged or designed to be
occupied by two families, the structure having only two dwelling units, each unit being on a separate
lot. Such dwelling units share at least one common wall that separates living space (i.e., living room,
kitchen, bedroom, bathroom, etc.).
Dwelling, Townhouse. A row of three or more dwelling units, each separated from one another by a
continuous vertical wall without opening from basement floor to roof between units, which is
commonly known as a firewall, and each on a separate parcel.
Family Health Care Structure, Temporary. As required by and pursuant to all conditions set forth in the
Code of Virginia §15.2-2292.1, a transportable residential structure, providing an environment
facilitating a caregiver’s provision of care for a mentally or physically impaired person, that (i) is
primarily assembled at a location other than its site of installation; (ii) is limited to one occupant who
shall be the mentally or physically impaired person, or in the case of a married couple, two occupants,
one of whom is a mentally or physically impaired person and the other requires assistance with one or
more activities of daily living as defined in §63.2-2200, as certified in writing by a physician licensed in
the Commonwealth; (iii) has no more than 300 gross square feet; and (iv) complies with applicable
provisions of the Industrialized Building Safety Law (§36-70 et seq.).
Group Home. As provided by Code of Virginia § 15.2-2291, a licensed residential facility in which no
more than eight mentally ill, intellectually disabled, or developmentally disabled persons or no more
than eight aged, infirmed or disabled persons reside, with one or more resident counselors or other
resident or nonresident staff persons, shall be considered a residential occupancy by a single family.
Mental illness and developmental disability shall not include current illegal use of or addiction to a
controlled substance as defined in the Code of Virginia §54.1-3401. Such facility shall be licensed by
the Commonwealth of Virginia Department of Behavioral Health and Development Services (Code of
Virginia §15.2-2291).
Halfway House. An establishment providing accommodations, supervision, rehabilitation, counseling,
and other guidance services to persons suffering from alcohol or drug addiction, to persons re-entering
society after being released from a correctional facility or other institution, or to persons suffering from
similar disorders. This use is separate from Shelter, residential as defined in this ordinance.
Home Occupation, Class A.3 An accessory use of a dwelling unit for gainful employment involving the
provision of goods and/or services in which no person other than persons residing on the premises is
engaged in such occupation.
Home Occupation, Class B.4 An accessory use of a dwelling unit for gainful employment involving the
provision of goods and/or services in which not more than two (2) employees other than persons
residing on the premises are engaged in the occupation. Such occupation may require the use of
accessory structures.
3 Editor’s Note: Included in the current Zoning Ordinance; modified slightly for clarity.
4 Editor’s Note: Included in the current Zoning Ordinance; modified slightly for clarity.
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Life Care Facility. A residential facility primarily for the continuing care of the elderly, providing for
transitional housing progressing from independent living in various dwelling units, with or without
kitchen facilities, and culminating in nursing home type care where all related uses are located on the
same lot. Such facility may include other services integral to the personal and therapeutic care of the
residents.
Manufactured Home Park. An area designed, constructed, equipped, operated and maintained for the
purpose of providing spaces for two or more manufactured homes intended for use as occupied
dwelling units and meeting or exceeding all applicable requirements for manufactured home parks as
stipulated by the County of Pittsylvania and the Commonwealth of Virginia.
Shelter, Residential. A facility providing temporary housing and feeding for one or more individuals who
are otherwise temporarily or permanently homeless. Ancillary community support services may be
provided including, but not limited to, child care, counseling, food distribution, or vocational training.
Short-Term Rental. An accessory residential use providing transient lodging and rooms for dining and
meetings for use by guests provided that the dining and meeting rooms are subordinate to the short-
term use. A short-term use may offer no more than five guest rooms for lodging. This use type does
not apply to month-to-month extensions following completion of a year’s lease.
Guest or transient. A person who occupies a short-term rental unit.
Primary resident (or host). The owner of the short-term rental unit, or lessee of the short-term
rental unit with a lease agreement that is one year or greater in length, who occupies the property
as his or her principal place of residence and domicile. In determining compliance with these
regulations, the host has the burden of demonstrating that the dwelling unit is his or her primary
residence.
Residential dwelling unit. A residence where one or more persons maintain a household.
Public, Civic, and Recreational Use Terms
Airport, Public. An area of land or water designated for the landing and take-off of aircraft for public
use, and any appurtenant areas designated for related buildings, rights-of-way, or approach zones.
Amateur Radio Tower. Amateur radio antennas means a freestanding or building mounted structure,
including any base, tower or pole, and appurtenances, intended for airway communication purposes
by a person holding a valid amateur radio (HAM) license issued by the Federal Communications
Commission.
Camp. A lot, tract or parcel of land operated as a commercial or noncommercial enterprise in which
seasonal facilities are provided for all or any of the following: camping, picnicking, boating, fishing,
swimming, outdoor games and sports and activities incidental and relating to the foregoing, including
tents or similar rustic structures (excluding recreational vehicles and manufactured homes) for
recreational or educational purposes.
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Campground. An area that provides recreational opportunities on a daily or overnight basis, upon which
are located sites for one (1) or more travel trailers, camping trailers, pickup truck campers, motor
homes, tents, or other recreational vehicle for seasonal or temporary recreational occupancy. This term
includes short-term rental of outdoor sites such as those on HipCamp and similar rentals.
Campground, primitive. An undeveloped lot or parcel of land operated without electrical utilities (public
or private), or a man-made water supply, the primary use being camping with a tent or without shelter.
Recreational vehicles are prohibited.
Cemetery. Any land or structure used or intended to be used for the interment of human remains.
Additionally, a cemetery includes mausoleums, columbaria, chapels, administrative offices, and
maintenance and storage areas (Code of Virginia § 15.2-2288.5). The sprinkling of ashes or their burial
in a biodegradable container on church grounds or their placement in a columbarium on church
property shall not constitute the creation of a cemetery.
Club. A use providing educational, meeting, or social facilities for civic or social clubs, fraternal/sororal
organization, and similar organizations and associations, primarily for use by members and guests.
Recreational facilities, unless otherwise specifically cited in this section, may be provided for members
and guests as an accessory use. A Club does not include a building in which members reside.
Community Center. A use providing for the public display, performance, or enjoyment of heritage,
history, or the arts. This use includes but is not limited to: museums, cultural centers, or interpretive
sites, but does not include commercially-operated theatres.
Conservation Area. An area in which the renewable resources of soil, water, wildlife, and forest are
protected and managed in accordance with principles that assure their optimum economic and social
enjoyment.
Educational Facility, College, University, Business, or Trade. An educational institution authorized by
the Commonwealth of Virginia toward certificate, license, associate, baccalaureate or higher degrees,
and facilities associated with it. This term includes academic buildings, administrative facilities,
dormitories, special housing, parking areas, dining halls and other physical plants associated with the
college, university, business or trade school use.
Educational Facility, Primary or Secondary. A public, private, or parochial school offering instruction at
the primary, elementary, junior, and/or senior high school levels in the branches of learning and study
required to be taught in the public schools of the Commonwealth of Virginia.
Park. Publicly owned and operated gardens, parks, picnic areas, playgrounds, indoor/outdoor athletic
or recreation facilities, indoor/outdoor shelters, open spaces, and other similar uses. This use shall not
include Public Use as defined in this Ordinance.
Public Use. Use of land, exclusively for public purposes, by any department or branch of the federal
government, Commonwealth or any political subdivision, public authority, or any combination thereof
including, but not limited to emergency services, libraries, or offices owned, operated, or receiving a
majority of the use's operating budget from local, state or federal agencies. This use shall not include
Park or Recreational Facility, Public.
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Recreational Facility, Private. A recreational use specifically for the residents and guests of a particular
residential development, planned unit development, or residential neighborhood, including indoor and
outdoor facilities.
Recreational Facility, Public. A recreational use owned and operated by a public authority for general
public use, including but not limited to active or passive recreation facilities, outdoor shelters, picnic
areas, playgrounds, swimming pools, and sports fields. These uses may charge a fee but not for
commercial gain.
Religious Assembly. A building or space primarily used for an assembly of persons to conduct worship
or other religious ceremonies, including, but not limited to, churches, synagogues, temples, mosques
or shrines.
Shelter, Animal. A facility used to house or contain stray, homeless, abandoned, or unwanted animals
and that is owned, operated, or maintained by a public body, an established humane society, animal
welfare society, society for the prevention of cruelty to animals, or other nonprofit organization
devoted to the welfare, protection, and humane treatment of animals.
Telecommunications Facility. Any unstaffed facility for the transmission and/or reception of radio,
television, radar, cellular telephone, personal paging device, specialized mobile radio (SMR), and similar
services. A broadcasting or communication tower usually consists of an equipment shelter or cabinet,
a support tower or other structure used to achieve the necessary elevation, and the transmission or
reception devices or antenna. Excluded are amateur radio antennas, which are defined separately. Also
excluded are wireless communication antennas which fit the definition of Small cell facility and
“Administrative review-eligible project” as defined in the Code of Virginia §15.2-2316.6 and supplied
as Utility Service, Minor by this Ordinance.
Telecommunications Facility, Small Cell. A wireless facility that meets both of the following
qualifications: (i) each antenna is located inside an enclosure of no more than six cubic feet in volume,
or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements
could fit within an imaginary enclosure of no more than six cubic feet and (ii) all other wireless
equipment associated with the facility has a cumulative volume of no more than 28 cubic feet, or such
higher limit as is established by the Federal Communications Commission. The following types of
associated equipment are not included in the calculation of equipment volume: electric meter,
concealment, telecommunications demarcation boxes, back-up power systems, grounding equipment,
power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other
services (Code of Virginia §15.2-2316.4).
Utility Service, Major. Service of a regional nature which normally entails the construction of new
buildings or structures, such as electrical switching facilities and stations or substations; community
wastewater treatment plants; water towers; transmission lines and related towers; gas or oil
transmission lines, pumping stations and appurtenances; unmanned telephone exchange centers,
micro-wave and radio-wave transmission and relay towers, substations and appurtenances; but
excluding personal wireless service facilities and similar facilities.
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Utility Service, Minor. A service that is necessary to support development within the immediate vicinity
and involve only minor structures. Included in this use are transformers, relay and booster devices, and
well, water and sewer lines, pump stations, and appurtenances.
Wildlife Preserve. Publicly or privately owned land used for the preservation of terrestrial or aquatic
species of animals, and the sport of aquatic animals. Typical uses include game preserves, wildlife
sanctuaries, fisheries, etc. This use does not include outdoor shooting ranges, game preserves for
controlled hunting, or any other use that includes the discharging of firearms on-site.
Commercial Use Terms
Adult Use. Any premise from which minors are excluded and in which features the viewing, retail sale,
and/or rental of books, magazines, newspapers, digital media, movie films, devices, or other
photographic or written productions. Additionally, any premise from which minors are excluded and
operates as a nightclub, bar, restaurant, or similar establishment that regularly features live
performances that have a dominant theme or purpose intended to provide sexual stimulation or sexual
gratification to such customers, and which is distinguished by or characterized by an emphasis on
matter depicting, describing or relating to specified sexual activities, or specified anatomical areas.
Auction House. A structure or building where the public sale of goods or livestock is sold to the highest
bidder.
Brewery or Distillery, Micro-. An establishment primarily engaged in brewing ale, beer, malt liquors, and
nonalcoholic beer, with a capacity of not more than 15,000 barrels per year or primarily engaged in
distilling and blending potable liquors, including mixing them with other ingredients, with a capacity of
not more than 5,000 gallons of finished product per year. Micro-Brewery or Micro-Distillery may
include a restaurant or public tasting room as an accessory use.
Car Wash. A structure or portion thereof containing facilities for washing and/or waxing motor vehicles,
typically using production-line automated or semiautomated methods for washing, whether or not
employing a chain conveyor, blower, steam cleaning or similar mechanical devices operated either by
the patron or others. Car washes are a separate use and not treated as an accessory to gasoline
stations, automobile service, or other similar uses.
Catering Services. An establishment in which food and meals are prepared on premises, and where
such food and meals are delivered to another location for public or private entertainment for a fee.
Construction Material Sales. Establishment or place of business primarily engaged in retail or wholesale
sale, from the premises, of materials used in the construction of buildings or other structures, but this
use shall not include automobile or equipment supplies otherwise classified herein. Typical uses include
building material stores and home supply establishments.
Crematories. A commercial establishment that specializes in the cremation of corpses, including pets.
Day Care Center. Any facility operated for the purpose of providing care, protection, and guidance
during only part of a twenty-four-hour day. This term includes nursery schools, preschools, day care
centers for individuals, including adults, and other similar uses. Excluded are public and private
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educational facilities, family home day care, or any facility offering care to individuals for a full twenty-
four-hour period.
Electronic Gaming Establishment.5 Accessory or principal businesses where three or more electronic
machines, including but not limited to computers and gaming terminals, are utilized to conduct games
where cash, coupons, gift cards, or any other items of value are redeemed or distributed and that are
not otherwise deemed illegal by state or federal law. This definition does not include arcades, indoor
amusement, or operations associated with the official Virginia Lottery System.
Event Venue. A business where the primary use is to host events including but not limited to weddings,
wedding receptions, galas, birthday parties, family reunions, ordinations, funeral receptions,
fundraisers, retirement parties, corporate meetings, conferences, trade shows, speaker luncheon
series, sporting events, concerts, auctions, museum exhibits and similar events. An event venue may
be indoors or outdoors. Event venues may also be accessory or ancillary uses to other uses, such as,
hotels or restaurants. Event venues shall not include government and military services.
Farmer’s Market. Retail sale of fresh fruits and vegetables, and other food, crafts and related items, at
a facility with spaces occupied by several different temporary tenants on a short term or daily basis;
indoor or outdoor; but this term does not include Wayside Stands.
Funeral Home. An establishment engaged in undertaking services such as preparing the dead for burial
and arranging and managing funerals.
Gasoline Station. An establishment with fuel pumps and underground storage tanks that provides
gasoline or diesel fuel by individual sale for motor vehicles and equipment. A store for retail sales
associated with automobile fuel sales shall be considered a gasoline station.
Hospital. Pursuant to § 32.1-123 of the Code of Virginia, any facility licensed in which the primary
function is the provision of diagnosis, of treatment, and of medical and nursing services, surgical or
nonsurgical, for two or more nonrelated individuals, including hospitals known by varying
nomenclature or designation such as children's hospitals, sanatoriums, sanitariums and general, acute,
rehabilitation, chronic disease, short-term, long-term, outpatient surgical, and inpatient or outpatient
maternity hospitals.
Hotel or Motel. An establishment that offers transitory lodging or sleeping accommodations to the
public for compensation. Typical uses include hotels, motels, travel lodges, or hostels. This definition
does not include Bed and Breakfast or Short-Term Rental as defined by this Chapter.
Kennel, Commercial. Any location where raising, grooming, caring for, dog day care services, or
boarding of three or more dogs, cats, or other small animals over four months of age for commercial
purposes is conducted.
Manufactured/Mobile Home Sales. Establishments engaged in the sale or rental of manufactured and
modular homes.
5 Editor’s Note: Definition included in current Ordinance.
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Marina. Waterfront establishments designed and intended to be used for mooring and launching of
boats; the servicing, repair, or storage of same watercraft; packaged food sales; travel lift services; slip
rental; gasoline; and sanitary pump out service. Restaurants may be an accessory/incidental use.
Mini Warehouse. A building designed to provide rental storage space in cubicles. Each cubicle shall be
enclosed by walls and ceiling and may have a separate entrance for the loading and unloading of stored
goods. The conduct of sales, business, or any other activity within the individual storage units, other
than storage, shall be prohibited. May also be referred to as "self-storage facility".
Office, General. The use of land wherein the primary use is the conduct of a business or profession such
as, but not limited to accounting, tax-preparation, lenders and securities brokers, architecture,
computer software, or information systems research and development, engineering, insurance, law,
management, organization and association offices, psychology, theology, real estate, and travel. Radio
and television stations are also included in this use. Retail Sales do not comprise more than an
Accessory Use of the primary activity of a General Office. This definition does not include Medical Office
as defined by this chapter.
Office, Medical/Clinic. The use of a site for facilities which provide diagnoses, minor surgical care and
outpatient care on a routine basis, but which does not provide overnight care or serve as a base for an
ambulance service. Medical offices are operated by doctors, dentists, or similar practitioners licensed
by the Commonwealth of Virginia.
Outdoor Sales, Seasonal. Outdoor sales, seasonal means any business or use (primary or accessory)
that is conducted primarily out of doors, which may include but not be limited to: retail sales of fruits,
vegetables, plants, flowers, Christmas trees, fireworks; and other similar businesses or uses.
Personal Services. Establishments or places of business engaged in the provision of frequently or
recurrently needed services of a personal nature. Typical uses include beauty and barber shops;
grooming of pets; seamstresses, tailors, or shoe repairs; and florists serving individuals and households.
Raceway. A participant or spectator facility primarily for the sport of racing machines against one
another or against time.
Recreation/Amusement, Indoor. An establishment which provides an enclosed building for indoor
sports and/or multiple coin operated amusement or entertainment devices or machines. Typical uses
include bowling alleys, ice and roller skating rinks, indoor racquet ball, swimming, billiard halls, game
rooms, and video arcades.
Recreation, Outdoor. Participant or spectator uses, namely sports, conducted in open or partially
enclosed or screened facilities. Typical uses include drive-in theaters, driving ranges, miniature golf,
swimming pools, and paintball facilities.
Recreational Entertainment, Outdoor. Participant or spectator uses conducted in open or partially
enclosed or screened facilities. Typical uses include zoos or petting zoos, stadiums, motorized model
airplane flying facilities, rodeos, stadiums, and outdoor amusement parks.
Recreational Vehicle Storage Facility. An area used for a fee for the storage of recreational vehicles and
boats that are not currently being used; may be incidental to a Marina use.
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Restaurants, General. An establishment in which, for compensation, food or beverages are dispensed
for consumption on the premises, including, among other establishments, cafes, tearooms,
confectionery shops, eat-in delis, and refreshment stands. Excluded from this definition is Restaurant,
mobile.
Restaurant, Mobile. A readily movable wheeled cart, trailer, or vehicle designed and equipped for the
preparing, service, and/or selling of food and operated at temporary locations. This definition shall
include food trucks, food trailers, and food carts and shall not apply to those selling in short bursts of
30 minutes or less at a single location and moving to multiple properties through the course of a
business day, such vehicles may include, but are not limited to, ice cream trucks.
Shooting Range, Outdoor. An outdoor area for shooting clubs and other facilities for the discharge of
firearms or other projectiles for the purposes of target practice, skeet and trap shooting, mock war
games, or formal competitions, or in return for compensation.
Special Event. A temporary event held indoors or outdoors for the purposes of amusement or
recreation. Typical uses include circuses, fairs, and festivals. Mobile restaurants or vendors may be an
accessory/incidental use.
Store, Convenience. Establishments smaller than 3,000 square feet in size and primarily engaged in the
provision of frequently or recurrently needed goods for household consumption, such as prepackaged
food and beverages, and limited household supplies and hardware. Convenience stores shall not
include fuel pumps or the selling of fuel for motor vehicles. Typical uses include neighborhood markets
and country stores.
Store, Large. An establishment that is greater than 3,000 square feet in size and serves for the display
and sale of merchandise at retail.
Store, Small. A small-scale (less than 3,000 square feet per business) retail use which offers for sale
items of art, crafts, food, or items related to a specific theme, e.g., kitchen wares, jewelry, pet care.
This use does not include fuel pumps or the selling of fuel for motor vehicles.
Tradesperson Service. Tradesperson service means an establishment or place of business primarily
engaged in providing a specific trade service to individuals. Typical uses include plumbing, electricians,
and landscapers. This definition does not include vehicle repair or construction material sales as
otherwise defined in this ordinance.
Truck Stop. Any area of land, with adequate parking, maneuvering and access for at least three (3)
combination tractor-trailer vehicles, that may provide for retail sale of diesel fuel and gasoline,
restaurant facilities, sleeping quarters and minor repair facilities.
Vehicle Repair Service. The repair and/or maintenance of automobiles, noncommercial trucks,
motorcycles, motor homes, recreational vehicles, or boats, including the sale, installation, and servicing
of equipment and parts. Typical uses include tire sales and installation, wheel and brake shops, oil and
lubrication services, and similar repair and service activities where minor repairs and routine
maintenance are conducted.
Veterinary Hospital. An establishment rendering surgical and medical treatment of animals. Boarding
of domestic animals shall only be conducted indoors, on a short-term basis, and shall only be incidental
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to such hospital/clinic use, unless also authorized and approved as a commercial kennel, as defined by
this Ordinance.
Winery, Micro-. An establishment primarily engaged in the crushing, fermentation, bulk aging/storage,
and bottling of grapes that are primarily brought in and not grown on-site, at a capacity of less than
5,000 gallons per year. Micro wineries may include a restaurant or public tasting room as an accessory
use.
Industrial Use Terms
Battery Storage Facility. One or more battery cells for storing electrical energy, stored in a Battery
Energy Storage System (“BESS”) with a Battery Management System (“BMS”). Not to include a stand-
alone 12-volt car battery or an electric motor vehicle or consumer products.
Battery Energy Storage System. A physical container providing secondary containment to battery
cells that is equipped with cooling, ventilation, fire suppression, and a Battery Management
System.
Battery Management System. An electronic regulator that manages a Battery Energy Storage
System by monitoring individual battery module voltages and temperatures, container
temperature and humidity, off-gassing of combustible gas, fire, ground fault and DC surge, and
door access and capable of shutting down the system before operating outside safe parameters.
Brewery or Distillery. The use of land, licensed by the Commonwealth, where beer or spirits are
manufactured for sale. Breweries have a capacity greater than 15,000 barrels a year and distilleries
have a capacity greater than 5,000 gallons a year. Consumption on the premises is permitted as an
accessory use (Code of Virginia §15.2-2288.3:1 and §15.2-2288.3:2).
Construction Yard. Establishment or place of business primarily engaged in construction activities,
including outside storage of materials and equipment. Typical uses are building contractor's yards.
Data Center. A facility used primarily for the storage, management, processing, and transmission of
digital data, which houses computer and/or network equipment, systems, servers, appliances, and
other associated components related to digital data operations. Such facility may also include air
handlers, power generators, water cooling and storage facilities, utility substations, and other
associated utility infrastructure to support sustained operations at a data center.
Hazardous Materials, Manufacturing, Storage and Distribution. The manufacturing, storage and/or sale
of any substance that, because of its quantity, concentration, or physical or chemical characteristics,
poses a significant present or potential hazard to human health and safety of the environment.
Junkyard/Salvage Yard. An establishment or place of business that is maintained, operated, or used for
storing, keeping, buying, or selling junk or for the maintenance or operation of an automobile
graveyard. The term "junkyard" shall include the term "automobile graveyard" as defined in Code of
Virginia, § 33.2-804.
Laboratory, Research and Development. An establishment whose principal purpose is the research,
compounding and/or packaging of scientific products, or research and development of innovative ideas
in technology-intensive fields. Examples include research and development of communication systems,
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transportation, geographic information systems, multi-media, and video technology. Development and
construction of prototypes and light manufacturing may be associated with this use.
Laundry Service, Commercial. Establishments primarily engaged in the provision of laundering,
cleaning, or dyeing services other than those classified as Personal Services. Typical uses include bulk
laundry and cleaning plants, diaper services, or linen supply services.
Manufacturing, Heavy. The processing and/or converting of raw, unfinished material and/or products
into articles or substances of a different character or for use for a different purpose. Uses may have
significant external effects, such as noise, smoke, particulates, vibration, or odor, or may pose
significant risks due to the involvement of explosives, radioactive materials, poisons, pesticides,
herbicides, or other hazardous materials in manufacturing or other processes. Uses may include, but
are not limited to, paper products, plastic products, and pharmaceuticals.
Manufacturing, Light. Establishments primarily engaged in the on-site production of goods including,
assembly, packaging or fabrication of materials and products within enclosed structures without
significant external effects such as smoke, noise, soot, vibration, odor, and the like. Uses may include,
but are not limited to, a machine shop, musical instruments, furniture, medical appliances, tools or
hardware, any other product of a similar nature. Retail sales may be incidental to the manufacturing
use.
Manufacturing, Small-Scale. An establishment where shared or individual tools, equipment, or
machinery are used to make products on a small scale, including the design, production, processing,
printing, assembly, treatment, testing, repair, and packaging, as well as any incidental storage, retail or
wholesale sales and distribution of such products. Typical small-scale production establishments
include but are not limited to the making of food products, non-alcoholic beverages, prints, leather
products, jewelry and clothing/apparel, arts and crafts, metal work, glass, pottery, or 3-D printing,
together with accessory uses such as training or educational programs.
Mining; Minerals Extraction and Processing. Mining or minerals extraction and processing means a use
involving on-site extraction of surface or subsurface mineral products or natural resources. Typical uses
are quarries, borrow pits, sand and gravel operation, mining, soil mining, and other major excavations.
Specifically excluded from this use type shall be grading and removal of dirt associated with an
approved site plan or subdivision, or excavations associated with, and for the improvement of, a bona
fide agricultural use. This term shall not include Oil/Gas Exploration as defined by this Chapter.
Oil/Gas Exploration. Any operation or well drilled (i) to find and produce gas, or oil, or other similar
materials in an unproven area, (ii) to find a new reservoir in a field previously found to be productive
of gas, or oil, or other similar materials in another reservoir, or (iii) to extend the limits of a known gas,
or oil, or other similar materials reservoir.
Recycling Facility. A facility in which recoverable resources, not to include sludge or municipal solid
waste, such as newspapers, magazines, books, and other paper products; glass; metal cans; tires; oil;
and other products, are recycled, reprocessed, and treated within an enclosed facility to return such
products to a condition in which they may again be used for production. Not to include a
junkyard/salvage yard of materials.
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Sawmill or Planing Mill, Permanent. A sawmill or planing mill permanently located for the purpose of
processing timber without regard to point of origination. Facilities may include wood processing and
wood manufacturing such as, but not limited to, planing, chipping, pallets or other secondary products.
Sawmill, Temporary. A portable sawmill or chipping mill located on private property for the processing
of timber cut only from that property or from property immediately contiguous and adjacent thereto.
Truck/Freight Terminal. An area of land used for the switching, storing, assembling, distributing,
consolidating, moving, repairing, weighing, or transferring of freight by either means of road or rail.
Railroad uses - such as sidings, tracks, spur tracks, and signals - may be incidental to other operations.
Warehousing and Distribution. Uses including storage, warehousing, and dispatching of goods within
enclosed structures. Typical uses include wholesale distributors, e-commerce fulfillment centers,
storage warehouses, data centers, and moving/storage firm. Incidental fleet vehicle parking and fueling
may be provided as an accessory use.
Miscellaneous Use Terms
Accessory Structure. A building subordinate to and located on the same lot with a main building, the
use of which is clearly incidental to that of the main building or to the use of the land, and which is not
attached by any part of a common wall or roof to the main building. The term "accessory building" also
includes, but is not limited to, portable storage containers, gazebos, carports, private greenhouses, and
sheds which may be modular in nature and are delivered to the site and which may or may not have a
foundation. Accessory building or structure does not include motorhomes, travel trailers or other
recreational vehicles.
Boathouse. A structure designed or used for the storage of boats and other aquatic equipment owned
and used by the occupants or owners of the residence or residential lot on which the structure is
located.
Construction Building or Yard, Temporary. A building, structure, or laydown area used temporarily to
manage a construction site or for the storage of equipment, materials, and appurtenances.
Kennel, private. Any place which is equipped and/or used to house, keep, or otherwise care for, outside
of the primary dwelling, 3 or more dogs that are over six-months of age, and for which no compensation
is received. All dogs are owned and licensed by a single owner.
Mixed-Use Structure. A building containing residential uses in addition to non-residential uses
permitted in the zoning district. Mixed use structure should not be confused with a mix of uses each
in separate structures in a single development.
Outdoor Display. An outdoor arrangement of commercial objects, items, products, or other materials,
typically not in a fixed position and capable of rearrangement. Uses can include sidewalk sales, dining,
and merchandise displays.
Outdoor Storage. The keeping, in other than a building, of any goods, materials, or merchandise on the
same parcel for more than twenty-four consecutive hours.
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Parking, Off-Site. Any structure or surface for parking use, which serves a primary use but is not located
on the same lot, and provides one or more parking spaces together with driveways, aisles, turning and
maneuvering areas, and incorporated landscaped areas.
Piers, Private. A waterfront structure, fixed or floating, used for the docking of boats owned and
registered by the property owner or a guest visiting the owner, or for recreational uses such as fishing.
Piers are typically accessory to a residential structure.
Residential Yard Sale. The sale of used residential items which may occur indoors or outdoors on the
same parcel as a primary residence for less than twenty-four consecutive hours.
Solar Energy Facility, Large-Scale.6 A private solar energy conversion system, for which the primary
purpose is to produce power, or off-set power use, for on-site commercial, agricultural, and industrial
applications, consisting of photovoltaic panels, support structures, and associated control, conversion,
and transmission hardware which has the rated capacity to produce more than 25 kilowatts (kW) of
electrical power and which has a total site area of five (5) acres or less.
Solar Energy Facility, Small-Scale. A private solar energy conversion system, for which the primary
purpose is to produce power, or off-set power use, for on-site commercial, agricultural, and industrial
applications, consisting of photovoltaic panels, support structures, and associated control, conversion,
and transmission hardware which has the rated capacity to produce not more than 25 kilowatts (kW)
of electrical power.
Solar Energy Facility, Utility-Scale. An energy conversion system, for which the primary purpose is to
produce power for consumption by, or under contract to, a utility provider, consisting of photovoltaic
panels, support structures, and associated control, conversion, and transmission hardware which has
a total site area of more than five (5) acres.
Transportation Services. Passenger services provided by public, private, or nonprofit entities such as
the following surface transit modes: bus systems, taxi and limousine services, and other ground
services.
6 Editor’s Note: Definitions for all three types of solar energy facilities are included in the current Ordinance and have
been slightly modified for clarity.
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What are Use Performance Standards?
The Berkley Group | bgllc.net
GUIDE TO USE PERFORMANCE STANDARDS
Use performance standards regulate the location, design, and intensity of a use based on the characteristics of an area and potential
impacts of the activity. These standards are regulations that apply to uses in addition to the underlying zoning district regulations.
Use performance standards are an important tool to help mitigate the impacts of development on nearby properties.
Use performance standards can offer a more flexible and consistent
approach to development regulations. With additional control over the
effects of certain land uses through use performance standards, the
range of permitted uses in a particular zoning district may be broadened.
Some advantages of use performance standards include:
• Ensuring uses are properly suited for an area;
• Improving the quality of development;
• Reducing potential conflicts between incompatible uses and sites;
• Providing clear expectations for developers and the community; and
• Giving additional measures of direction when considering use permits.
Use performance standards typically include criteria to
regulate site development and/or activity. Site-based
standards regulate the location, appearance, or design of the
site. Activity-based standards regulate the intensity or outputs
of the use.
Activity-based standards regulate the intensity or
outputs of a use, such as:
• Daily Vehicle Trip Generation
• Services Rendered
• Restrictions on Noise, Odor, Dust, or Smoke
Site development, or area-based, standards
regulate the appearance of a use, such as:
• Heights and Setbacks
• Landscaping Requirements
• Buffering & Screening Requirements
Photo: Courtesy of Richmond County, VA Government
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GUIDE TO USE PERFORMANCE STANDARDS
Agricultural Uses
• Intensive agriculture
• Agritourism
• Stables, commercial and private
Residential Uses
• Home occupations
• Manufactured home parks
• Multifamily dwellings
• Short-term rentals
• Townhouses
Industrial Uses
• Industry, heavy or light
• Manufacturing
• Storage buildings
• Warehousing and distribution
Business Uses
• Adult stores
• Automobile repair services
• Car washes
• Equipment sales/rental
• Gasoline stations
• Restaurants, general, mobile, and drive-in
• Seasonal outdoor sales
• Shopping centers
Public/Civic/Recreational Uses
• Campgrounds
• Public Parks and Recreation facilities
Miscellaneous Uses
• Accessory buildings
• Accessory dwelling units
• Broadcasting and telecommunication towers
• Small cell facilities
• Outdoor storage
• Solar facilities
• Utility services, major or minor
Examples of Typical Performance Standards
Mobile Restaurants
• Requirements for business and health
permits
• Requirements for distance from active
restaurant
• Limits on operating hours
• Restrictions on sound, light, and signage
Automobile Repair Service
• Setbacks from residential uses
• Minimum required lot size
• Limits on exterior storage
• Repair in enclosed building only
• Maximum allowable square footage
• On-site parking required
• Restrictions on daily vehicle generation
• Limitation for on-site sales
Photo: Premier Auto BodyHarrisonburg, VA
Photo: CreativeCommons, User: majunznk
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