06-18-2024 Work Session Agenda Packet
BOARD OF SUPERVISORS
WORK SESSION
Tuesday, June 18, 2024 - 3:30 PM
Board Meeting Room
39 Bank Street, SE,
Chatham,Virginia 24531
AGENDA
1. CALL TO ORDER (3:30 PM)
2. ROLL CALL
3. AGENDA ITEMS TO BE ADDED
4. APPROVAL OF AGENDA
For the citizens’ convenience, all Work Session and Committee Meetings
are now being recorded and can be viewed on the County's Facebook
and the same YouTube location as the Board of Supervisor’s Business
Meetings. Please remember that the Board’s Work Session is designed for
internal Board and County Staff communication, discussion, and work. It
is not a question and answer session with the audience. Accordingly,
during the Work Session, no questions or comments from the audience
will be entertained. Respectfully, any outbursts or disorderly conduct from
the audience will not be tolerated and may result in the offending
person’s removal from the Work Session. As a reminder, all County
citizens, and other appropriate parties as designated by the Board’s
Bylaws, are permitted to make comments under the Hearing of the
Citizens’ Section of tonight’s Business Meeting.
5. PRESENTATIONS
6.
b.
a.County Broadband Project Update (15 minutes); (StaffContact:
Robert Taylor, RiverStreet Networks)
STAFF, COMMITTEE, AND/OR CONSTITUTIONAL OFFICER REPORTS
a.Finance Updates: (1) PCC Section 6-6 Revisions
(Elderly/Disabled/Indigent Real Estate Tax Exemptions); (2) School
Capital Improvements Reimbursement Resolution (15 minutes);
(Staff Contact: Kim VanDerHyde)
Mass Zoning Ordinance Revision Project Update/Discussion (15
minutes); (Staff Contact: Emily Ragsdale)
7. BUSINESS MEETING DISCUSSION
8. CLOSED SESSION
a.
b.
9.
10. ADJOURNMENT
Closed Session (Legal); (Staff Contact: Vaden Hunt)
Closed Session (Economic Development); (Staff Contact:
Matthew Rowe)
c.Closed Session (Personnel); (Staff Contact: Board of Supervisors)
RETURN TO OPEN SESSION & CLOSED SESSION CERTIFICATION
a.Closed Session Certification (Staff Contact: Kaylyn McCluster)
5.a.
BOARD OF SUPERVISORS
EXECUTIVE SUMMARY
Information Only
Agenda Title: County Broadband Project Update (15 minutes)
Staff Contact(s): Robert Taylor, RiverStreet Networks
Agenda Date: June 18, 2024 Item Number: 5.a.
Attachment(s): None
Reviewed By:
Robert Taylor, RiverStreet Network’s Director of Business Development and
Government Affairs, will update the Board on the County’s Broadband
Project. Related documentation is attached and/or will be provided at the
Board’s Work Session.
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6.a.
BOARD OF SUPERVISORS
EXECUTIVE SUMMARY
Staff Report
Agenda Title: Finance Updates: (1) PCC Section 6-6 Revisions
(Elderly/Disabled/Indigent Real Estate Tax Exemptions);
(2) School Capital Improvements Reimbursement
Resolution (15 minutes)
Staff Contact(s): Kim VanDerHyde
Agenda Date: June 18, 2024 Item Number: 6.a.
Attachment(s): 1. PCC 6-6
2. Relief for the Elderly Exemption Chart
3. Pittsylvania - 2024 - Reimbursement Resolution
(for School Security Projects) - 307001996-v1-c
Reviewed By:
Kimberly G. Van Der Hyde, Finance Director, will provide an update on the
following items: (1) PCC Section 6-6 Revisions (Elderly/Disabled/Indigent Real
Estate Tax Exemptions); and (2) School Capital Improvements Reimbursement
Resolution. Related documentation is attached and/or will be provided at the
Board's Work Session.
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SEC. 6-6. EXEMPTION ON REAL ESTATE OF CERTAIN ELDERLY AND
DISABLED PERSONS.
1. Purpose.
In accordance with Virginia Code § 58.1-321, 1950, as amended, the Board of Supervisors
hereby deems those elderly persons or permanently and totally disabled persons who fall within
the provisions of this article to be bearing an extraordinary tax burden on the real estate and
manufactured homes defined herein in relation to their income and net worth.
2. Definitions.
a. “dwelling" shall mean the full-time residence and domiciliary, including a manufactured or
mobile home, of the person claiming the exemption.
b. "elderly" shall mean a person not less than sixty-five (65) years of age as of December 31 of
the year prior to the year for which exemption is requested.
c. "fair market value" shall mean, when applied to real estate, based upon the appraised value,
and not the assessed value, as shown on the records of the Commissioner of Revenue. When
applied to personal property, fair market value shall mean the actual value as appraised by the
Commissioner of Revenue.
d. "income" shall mean total gross income from all sources, without regard to whether a tax
return is actually filed. Income shall not include life insurance benefits or receipts from
borrowing or other debt.
e. "manufactured or mobile home" means a structure subject to federal regulation, which is
transportable in one or more sections; is eight (8) body feet or more in width and forty (40) body
feet or more in length in the traveling mode; or is three-hundred and twenty (320) or more square
feet when erected on site; is built on a permanent chassis; and is designed to be used as a single
family dwelling, with or without a permanent foundation.
f. "permanently and totally disabled" shall mean unable to engage in any substantially gainful
activity by means of any medically determinable physical or mental impairment or deformity
which can be expected to result in death or can be expected to last for the duration of the person's
life.
g. "real estate" shall mean real property and dwelling structures, and shall include manufactured
or mobile homes which are presently being used as a dwelling, and are connected to the required
utilities including plumbing, heating, air conditioning, and electrical utilities.
h. "relative" shall mean any relation by blood or marriage.
i. “taxable year" shall mean the calendar year, from January 1 until December 31, for which
exemption is claimed.
3. General Provisions.
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A. Real estate owned and occupied as the sole dwelling of a person or persons who are not less
than sixty-five (65) years of age or who are determined to be permanently and totally disabled
are exempted from so much of the County Real Estate Taxes as provided for in Section 4 hereof,
subject however to the following restrictions and conditions, in addition to those set out
elsewhere in this section:
1. The combined annual income shall be based on adding together the income received
during the preceding calendar year, without regard to whether a tax return is actually
filed, by
(i) owners of the dwelling who use it as their principal residence, (ii) owners' relatives
who live in the dwelling, except for those relatives living in the dwelling and providing
bona fide caregiving services to the owner whether such relatives are compensated or
not, and (iii) nonrelatives of the owner who live in the dwelling except for bona fide
tenants or bona fide caregivers of the owner, whether compensated or not, shall not
exceed twenty-five thousand ($25,000.00) dollars per year; provided that the first four
thousand ($4,000.00) dollars of annual income of each relative/nonrelative, other than
the spouse of the owner, shall not be included in such totals; and
2. That the net combined financial worth, including equitable interests, of the owners
and of the spouse of any owner, excluding the value of the dwelling and the land upon
which it sits, not exceeding one acre, does not exceed sixty thousand ($60,000.00) dollars
as of the 31st day of December of the immediately preceding calendar year, and through
the taxable year to which such exemption is to apply.
B. The person or persons claiming such exemptions shall file annually, after the (1st) day of
January but not later than the fifteenth day of February, with the Commissioner of Revenue of
Pittsylvania County, Virginia, or such other agent or officer as may be designated by the
commissioner, on forms supplied by the County, an Affidavit setting forth the names of related
persons occupying the real estate for which the exemption is claimed, their total combined net
worth, including equitable interests and the combined income from all sources of all persons
specified. The application deadline may be extended on the approval of the Commissioner of
Revenue, if the applicant is applying for the exemption for the first time or in cases of hardship,
and if proper application is made along with a sworn affidavit that failure to apply by the fifteenth
day of February was due to reasons beyond the applicant's control. The Commissioner of
Revenue shall require that the applicant, spouse, and any and all relatives living in the dwelling
supply proof of age in the form of Birth Certificates or Passports or Driver’s License; and proof
of income in the form of copies of their W-2s, 1099-DIV, 1099- INT, 1099-MISC, 1099-R,
SSA-1099 Social Security Statements, and such other documents as may be required by the
Commissioner of Revenue to determine income and total combined net worth.
C. If the person claiming the exemption is under sixty-five (65) years of age, the Affidavit filed
under this section shall have attached thereto a Certification by the Social Security
Administration, the Veterans Administration or the Railroad Retirement Board, or if such person
is not eligible for certification by any of these agencies, a sworn affidavit by two (2) medical
doctors licensed to practice medicine in the Commonwealth of Virginia, to the effect that such
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person is permanently and totally disabled. The affidavit of at least one such doctor shall be
based upon a physical examination of such person by such doctor. The affidavit of one such
doctor may be based upon medical information contained in the records of the Civil Service
Commission which is relevant to the standards for determining permanent and total disability,
as defined herein.
D. The fact that persons who are otherwise qualified for tax exemption are residing in hospitals,
nursing homes, convalescent homes, or other facilities for physical or mental care for extended
periods of time shall not be construed to mean that the real estate for which tax exemption or
deferral is sought does not continue to be the sole dwelling of such person during such extended
periods of other residence so long as such real estate is not used by or leased to others for
consideration.
4. Exemption.
(a) The exemption shall be as follows:
Total Income from All Sources
Tax Exemption
$0 – $15,400 100%
$15,401 - $16,600 90%
$16,601 - $17,800 80%
$17,801 - $19,000 70%
$19,001 - $20,200 60%
$20,201 - $21,400 50%
$21,401 - $22,600 40%
$22,601 - $23,800 30%
$23,801- $25,000 20%
(b) The total annual exemptions shall not exceed four-hundred and fifty ($450.00) dollars.
(c) The tax exemption herein permitted may be granted for any year following the year of the
taxpayer occupying such dwelling and owning title or partial title thereto reaches the age of
sixty- five (65) years or is determined to be permanently and totally disabled.
(d) If the ownership of the property for which application for exemption is made is not held
solely by the applicant, or jointly with the applicant's wife, then the amount of the tax exemption
percentage as provided for herein shall be in proportion to the applicant's ownership interest.
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5. Changes - Ownership, income or financial worth.
Any change in respect of total combined income, net combined financial worth, ownership of
property, or other factors, which occur during the taxable year for which the affidavit is filed,
and which has the effect of a reduction or termination of any exemption, shall nullify or reduce
any exemption for remainder of the current taxable year, and the taxable year immediately
following. A prorated exemption is provided for the portion of the taxable year during which the
taxpayer qualified for such exemption.
6. Prorated Exemption upon death of qualifying individual.
Notwithstanding Section 6-6(5) herein, a change in ownership or a nonqualifying individual,
when such change resulted solely from the death of the qualifying individual, or a sale of such
property shall result in a prorated exemption for the then current taxable year. Such prorated
portion shall be determined by multiplying the amount of the exemption by a fraction wherein
the number of the complete months of the year such property was properly eligible for such
exemption is the numerator and the number twelve (12) is the denominator. The proceeds of the
sale which would result in the prorated exemption shall not be included in the computation of
net worth or income required by Section 6-6(3) herein.
7. Certification to the Treasurer.
The Commissioner of Revenue shall certify to the Treasurer of Pittsylvania County, Virginia,
annually those persons who qualify under this article for an exemption and the amount thereof.
The Treasurer shall deduct the amount of exemption from the applicant's real estate tax for that
year.
8. Penalty.
Any person who knowingly gives false information to support a claim for an exemption under
this article, or any person who willfully fails to notify the Commissioner of Revenue or other
designated officer of changes in conditions which would result in a reduction or termination of
the exemption.
(B.S.M. 12/19/06) (B.S.M. 12/18/18) (B.S.M. 3/12/19)
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Exemption Charts-Relief for the Elderly and Disabled
Current Income Level $25,000
Net Worth Maximum $60,000
Maximum Exemption $450
Exemption Chart-Income Level-$30,000
$0-20,400 100%
$20,400-$21,600 90%
$21,600-$22,800 80%
$22,800-$24,000 70%
$24,000-$25,200 60%
$25,200-$26,400 50%
$26,400-$27,600 40%
$27,600-$28,800 30%
$28,800-$30,000 20%
Net Worth Maximum $65,000
Maximum Exemption $550
Exemption Chart-Assuming Income Level of $35,000
$0-$25,400 100%
$25,400-$26.600 90%
$26,600-$27,800 80%
$27,800-$29,000 70%
$29,000-$30,200 60%
$30,200-$31,400 50%
$31,400-$32,600 40%
$32,600-$33,800 30%
$33,800-$35,000 20%
Net Worth Maximum $70,000
Maximum Exemption $550
Exemption Chart-Assuming Income Level of $40,000
$0-30,400 100%
$30,400-$31,600 90%
$31,600-$32,800 80%
$32,800-$34,000 70%
$34,000-$35,200 60%
$35,200-$36,400 50%
$36,400-$37,600 40%
$37,600-$38,800 30%
$38,800-$40,000 20%
Net Worth Maximum $75,000
Maximum Exemption $550
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PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
RESOLUTION # 2024-06-04
__________________________________________________________________
A RESOLUTION OF OFFICIAL INTENT TO REIMBURSE
EXPENDITURES WITH PROCEEDS OF A BORROWING
VIRGINIA: At the Pittsylvania County Board of Supervisors’ (“Board”) June 18, 2024, Business
Meeting, the following Resolution was presented and adopted:
WHEREAS, the School Board of Pittsylvania County, Virginia (the “County”), desires to
undertake a program to renovate and upgrade public school facilities, including (without
limitation) the construction or installation of vestibules and other security enhancements
(collectively, the “Project”); and
WHEREAS, plans for the Project have advanced, and the County Board of Supervisors
expects to advance County funds to pay expenditures related to the Project (the “Expenditures”)
prior to incurring indebtedness and to receive reimbursement for such Expenditures from proceeds
of tax-exempt obligations or taxable obligations, or both;
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF PITTSYLVANIA
COUNTY, VIRGINIA:
1. The County intends to utilize the proceeds of tax-exempt obligations or taxable
obligations (the “Obligations”) in an amount not currently expected to exceed $6,500,000 to pay
or reimburse the costs of the Project.
2. The County intends that the proceeds of the Obligations be used to reimburse the
County for Expenditures made with respect to the Project on or after the date that is no more than
60 days prior to the date of this resolution. As of the date hereof, the County reasonably expects
that it will reimburse the Expenditures with the proceeds of the Obligations.
3. Each Expenditure was or will be, unless otherwise approved by bond counsel, either
(a) of a type properly chargeable to a capital account under general federal income tax principles
(determined in each case as of the date of the Expenditure), (b) a cost of issuance with respect to
the Obligations, (c) a nonrecurring item that is not customarily payable from current revenues or
(d) a grant to a party that is not related to or an agent of the County so long as such grant does not
impose any obligation or condition (directly or indirectly) to repay any amount to or for the benefit
of the County.
4. The County intends to make a reimbursement allocation, which is a written
allocation by the County that evidences the County’s use of proceeds of the Obligations to
reimburse an Expenditure, no later than 18 months after the later of (a) the date on which the
Expenditure is paid or (b) the Project is placed in service or abandoned, but in no event more than
three years after the date on which the Expenditure is paid; provided, however, that such timing
limitations are subject to the applicability of (x) Treasury Regulations Section 1.150-2(d)(2)(ii)
8
related to expenditures by “small issuers” (based on the year of issuance and not the year of
expenditure), and (y) Treasury Regulations Section 1.150-(d)(2)(iii) related to expenditures for
“long-term” construction projects requiring at least five years to complete.
5. The County recognizes that the limitations set forth in the foregoing paragraphs 2
and 4 do not apply to reimbursements to pay:
(a) “preliminary expenditures” (as such term is used in Treasury Regulations Section
1.150-2(f)(2)) up to an amount not in excess of 20% of the aggregate issue price of the
Obligations that finance or are reasonably expected to finance the Project for which the
preliminary expenditures were incurred;
(b) costs of issuance of any Obligations; and
(c) “de minimis” amounts (which shall not in the aggregate exceed the lesser of
$100,000 or 5% of the proceeds of the Obligations).
6. The County intends that the adoption of this resolution confirms the “official intent”
within the meaning of Treasury Regulations Section 1.150-2 promulgated under the Internal
Revenue Code of 1986, as amended.
7. This resolution shall take effect immediately upon its passage.
Given under my hand this 18th day of June, 2024.
__________________________________________
Darrell W. Dalton
Chairman, Pittsylvania County Board of Supervisors
__________________________________________
David F. Arnold
Assistant County Administrator
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6.b.
BOARD OF SUPERVISORS
EXECUTIVE SUMMARY
Information Only
Agenda Title: Mass Zoning Ordinance Revision Project
Update/Discussion (15 minutes)
Staff Contact(s): Emily Ragsdale
Agenda Date: June 18, 2024 Item Number: 6.b.
Attachment(s): 1. June 18 Worksession Memo
2. Attachment A - Campground Research
3. Attachment B - Draft ZO
Reviewed By:
Emily S. Ragsdale, Community Development Director, will review the attached
items with the Board regarding the ongoing mass County Zoning Ordinance
revision project.
10
Pittsylvania County Zoning Ordinance Update
Final Review Draft – Board of Supervisors Memo
June 18, 2024
Board of Supervisors Memo – June 18, 2024 | Page 1 of 2
Project Progress and Revisions Made
Berkley Group met with the Pittsylvania County Board of Supervisors, Planning Commission, and Board of
Zoning Appeals on January 23, 2024 for the eighth and final drafting worksession of the County’s Zoning
Ordinance Update. During the worksession, several changes were requested by the Board. Berkley Group
has made the following revisions to the draft Ordinance, as directed:
• Section 7-3-9: Language added related to record keeping for short-term rentals.
• Section 8-3-6: Parking lot landscaping requirements relaxed to require 1 tree per every 10 spaces.
This requirement would only apply to parking lots with 100 spaces or more.
• Section 8-6-3: Flag size requirements removed; all flag signs will be exempt from zoning
requirements. Flagpoles will still be required to adhere to the height and setback requirements
of the underlying zoning district for safety reasons.
County staff also provided direction for the following revisions to the draft Ordinance:
• Sections 3-2-2 and 3-4-3: Amended requirements for concept plan submittals to require one
printed original copy and one digital PDF copy. This is more closely aligned with current practice.
• Section 4-7-1: The maximum structure height for M-1 and M-2 properties in a recognized
industrial park has been increased to 150 ft. Industrial prospects that are not in a recognized
industrial park, but would like a height increase over 80 ft., can increase their height to up to 120
ft. if all setbacks are also increased proportionally. This provides increased flexibility while
mitigating impacts.
• Section 4-5-1: Requirements for the number of dwellings permitted to be built on a property in
single-family residential districts have been removed; this was a typo.
• Section 7-2-2: The threshold for residential agriculture has been amended to 5 acres. Supporting
graphics and tables used in this Section have been updated accordingly.
• Section 7-2-3: The Special Use Permit process for agritourism operations under 5 acres has been
removed to be fully compliant with Code of Virginia regulations. The minimum acreage for
agritourism has also been reduced from 10 acres to 5 acres.
• Section 7-3-9: Requirement added for short-term rentals to receive septic certification from the
health department; this is a best practice to prevent overloading a septic system and is similar to
what other localities require for short-term rentals not on public sewer. Changes have also been
made to the definition of “primary resident/host” to align with new statewide short-term rental
legislation taking effect July 1.
• Sections 7-6-1 and 7-7-12: Clarification added that decommissioning plans for battery storage
facilities and utility-scale solar energy facilities are required both at the time of application and
again at the site development plan phase for final approval.
11
Pittsylvania County Zoning Ordinance Update
Final Review Draft – Board of Supervisors Memo
June 18, 2024
Board of Supervisors Memo – June 18, 2024 | Page 2 of 2
• Section 7-6-7: Introduction of “power station” as a use with performance standards, as requested
by County staff. The included performance standards are based on best practices, as guided by
conditions for other similar facilities in Virginia, guidance from the Federal Energy Regulatory
Commission (FERC), and performance standards for utility-scale solar energy facilities. The County
may add additional conditions as deemed appropriate through the Special Use Permit process.
“Power station” is defined in Article X and permitted conditionally in the M-2 district only (Article
VI).
Berkley Group has also reviewed zoning regulations for campgrounds and included this information in
meeting materials; see Attachment A. The Board requested a review of regulations from Albemarle,
Fauquier, and Chesterfield Counties; Berkley Group also included regulations from Augusta and
Northampton Counties as appropriate comparisons. Based on this research, County staff and Berkley
Group recommend increasing the number of nights a patron is permitted to stay at a campground site
from 120 to 180 days. Keep in mind this number can be further amended during the Special Use Permit
process, if necessary, to meet the needs of each individual campground.
During today’s worksession, the Board of Supervisors will need to provide County staff direction on the
following:
1. Confirm that the revisions made to the Zoning Ordinance based on feedback from the January 23,
2024 worksession are complete.
2. Confirm final edits to use performance standards for campgrounds.
3. Provide any additional revisions that need to be incorporated by Berkley Group prior to advertising
the Zoning Ordinance for public hearings. County staff has suggested scheduling public hearings
for August and September 2024. Therefore, the deadline for County revisions is July 1, 2024 so
the advertising deadline required by Code of Virginia for public hearings can be met. Minor
amendments can be recommended/made during public hearings if needed.
Next Steps
Berkley Group will review any recommendations and comments for incorporation and finalize the draft
Zoning Ordinance for Planning Commission and Board of Supervisors public hearings in August and
September 2024, respectively.
12
Pittsylvania County Zoning Ordinance Update
Attachment A | Campground/Temporary Worker Regulations
June 18, 2024
Campground/Temporary Worker Regulations | Page 1 of 7
Temporary Worker Housing
1 Chesterfield County is also in the process of updating their Zoning Ordinance; the information here is included in the proposed draft.
2 Farm worker housing is further separated into Class A – up to ten occupants and two structures – and Class B – more than ten occupants or more than two structures. Class B is permitted
conditionally; Class A is permitted by-right with standards as shown in column.
3 Northampton County also has a “migrant labor camp” use, but this appears to be a duplicate of the use listed here.
Regulation Albemarle County Augusta County Fauquier County Chesterfield County1 Northampton County
Use Name Farm worker housing2
Farm worker housing
Fauquier County does not
explicitly address this use
in the Zoning Ordinance.
Chesterfield County does
not explicitly address this
use in the Zoning
Ordinance.
Housing for migrant farm
workers in association
with a seasonal farming
operation3
Definition
Farm worker housing, Class
A. (i) structures located on
a farm that are designed and
arranged to be occupied
exclusively by up to ten persons
employed to work on
the farm on which the
structures are located for
seasonal agriculture work or up
to ten persons including
the farm workers and their
immediate families; (ii) the
number of such structures
designed and arranged for
sleeping does not exceed two;
and (iii) no single structure
contains all of the following:
provisions for sleeping, eating,
food preparation, and
sanitation (bathing and/or
toilets).
Any building used for
housing seasonal laborers at
an agricultural operation on
a temporary basis for the
duration of agricultural
operations, located on the
parcel containing the
agricultural operation or a
contiguous parcel, and not
to be used as a permanent
year-round dwelling or
rental property.
One or more permanent
buildings to be used as
temporary living quarters
for one or more migrant
workers employed in
production agricultural
work as described in VA
Code § 3.2-300 and as
defined by the term
AGRICULTURE in this
section. Not intended for
use as permanent, year-
round single- or multi-
unit residential
occupancy.
13
Pittsylvania County Zoning Ordinance Update
Attachment A | Campground/Temporary Worker Regulations
June 18, 2024
Campground/Temporary Worker Regulations | Page 2 of 7
Regulation Albemarle County Augusta County Fauquier County Chesterfield County1 Northampton County
Definition
(cont).
Farm worker housing, Class B.
(i) either structures located on
a farm that are designed and
arranged to be occupied
exclusively by more than ten
persons employed to work on
the farm on which the
structures are located for
seasonal agriculture work or
more than ten persons
including the farm workers and
their immediate families, or the
number of such structures
designed and arranged for
sleeping is three or more,
regardless of the number of
farm workers or their family
members who could sleep in
such structures; and (ii) no
single structure contains all of
the following: provisions for
sleeping, eating, food
preparation, and sanitation
(bathing and/or toilets).
Fauquier County does not
explicitly address this use
in the Zoning Ordinance.
Chesterfield County does
not explicitly address this
use in the Zoning
Ordinance.
Performance Standards
• Must submit a concept plan
with application; several
requirements for the
concept plan are addressed
• Must notify adjacent
property owners of receipt
of concept plan
• Class A structures can be
reviewed and approved
• 6-acre lot minimum
• No more than 2
structures on a single
parcel
• Building permit and
migrant labor camp
permit required
• VDH approval required
This use is permitted
conditionally and does
not have associated use
performance standards.
14
Pittsylvania County Zoning Ordinance Update
Attachment A | Campground/Temporary Worker Regulations
June 18, 2024
Campground/Temporary Worker Regulations | Page 3 of 7
* The Board of Supervisors specifically requested a review of standards from Albemarle, Fauquier, and Chesterfield Counties during the January joint worksession. Berkley Group has
also included Augusta and Northampton Counties as appropriate comparisons.
Regulation Albemarle County Augusta County Fauquier County Chesterfield County1 Northampton County
Performance
Standards (cont.)
administratively; Class B
structures must go through
a special use permit
process
• Minimum front yard of 75
feet
• Minimum side and rear
yard of 50 feet
• Must obtain zoning
clearance at least 30 days
before the first expected
occupation
• Can only be used by
workers and their families
• Can be used as any
approved agricultural
accessory use when not
occupied by seasonal
workers
• All parking must be on-
site
• Adequate plans in place
for sanitation, garbage,
and trash disposal
• No renting or utilizing
the structures as primary
or accessory dwellings
when workers are not
residing on site
15
Pittsylvania County Zoning Ordinance Update
Attachment A | Campground/Temporary Worker Regulations
June 18, 2024
Campground/Temporary Worker Regulations | Page 4 of 7
Campgrounds
Regulation Albemarle County Augusta County Fauquier County Chesterfield County Northampton County
Use Name Day Camp Extended-Stay
Campground4
Recreational vehicle park5 Campground6 Campground
Definition
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, but not
including miniature golf
grounds, golf driving
ranges, mechanical
amusement devices, or
permanent structures for
housing of guests.
A campground in which
guests may occupy
extended-stay cabins on
the same property more
than twenty-one (21) days
within any two-month
period or more than forty-
five (45) days within any
twelve-month period.
Maximum duration of
guest occupancy on the
same property is limited
to one hundred eighty
(180) days within any
twelve-month period.
A lot, parcel or area of
land designed and used
for the accommodation of
two (2) or more
recreational vehicles for
transient lodging
purposes.
A primarily outdoor
facility for short-term (no
more than 15 days)
overnight recreational
use, including customary
accessory structures and
uses, with sleeping
accommodations in
temporary facilities such
as tents, tent cabins, yurts
or similar rustic
enclosures, and
recreational vehicles. A
campground may include
permanent facilities with
overnight
accommodations for
caretakers or other
employees, agents, or
authorized volunteers
responsible for
maintaining and operating
the campground and
associated areas. A
An outdoor facility which
accommodates paying
guests for a stay of short
duration in rustic cabins
and shelters, tents,
RVs, campers, or travel
trailers owned by guests
or facility. Parking,
playgrounds, office,
recreational ponds and
retail uses such as snack
bars or general stores for
use by campground
patrons shall be allowed
as accessory uses.
(Allowed by special use
permit in four residential
districts)
4 Augusta County also includes “campgrounds” and “short-term campgrounds” as separate uses with definitions, but the “extended-stay campground” use is most similar to what Pittsylvania County
has proposed in the draft Zoning Ordinance.
5 Fauquier County also includes “camp” and “tent campground” as separate uses with definitions, but the “recreational vehicle park” is most similar to what Pittsylvania County has proposed in the
draft Zoning Ordinance.
6 Chesterfield County is also in the process of updating their Zoning Ordinance; the information here is included in the proposed draft.
16
Pittsylvania County Zoning Ordinance Update
Attachment A | Campground/Temporary Worker Regulations
June 18, 2024
Campground/Temporary Worker Regulations | Page 5 of 7
Regulation Albemarle County Augusta County Fauquier County Chesterfield County Northampton County
Definition
(cont.) campground may include
bathroom and showering
facilities, recreation
facilities, a camp store
selling basic necessities,
etc. as accessory uses.
Performance
Standards
This use is only permitted
conditionally, in addition
to having the following
performance standards:
• Any cooking,
campfires, and cooking
pits are subject to fire
official approval
• All uses must conform
to applicable Virginia
Department of Health
requirements
This use is only permitted
conditionally, in addition
to having 25 performance
standards, including the
following:
• An adequate plan for
sanitation facilities,
garbage, and trash to
accommodate guests is
in place
• Full compliance with all
applicable Virginia
Department of Health
regulations
• Adequate plans for
emergency medical
services, parking, and
fire protection are in
place
• The business meets
applicable lighting
requirements
• Any structures must be
constructed and
maintained in a
manner consistent with
• Camping units are
allowed if the park is
mainly for RVs, but
can’t be more than
10% of all campsites,
and must be under
600 sq. ft.
• Each campsite needs
at least one electrical
outlet.
• Central sanitary
stations for effluent
disposal are required,
along with central
toilet and shower
facilities for the park's
patrons.
• The park must have at
least 300 feet of
frontage on a
principal arterial road.
• Small commercial
operations are
allowed for park
residents
Campgrounds are
permitted conditionally
and do not have
associated use
performance standards.
Campgrounds are
permitted conditionally
and do not have
associated use
performance standards.
17
Pittsylvania County Zoning Ordinance Update
Attachment A | Campground/Temporary Worker Regulations
June 18, 2024
Campground/Temporary Worker Regulations | Page 6 of 7
Regulation Albemarle County Augusta County Fauquier County Chesterfield County Northampton County
Performance
Standards
(cont.)
appropriate protection
of public safety
• 10 acre lot minimum
• No more than 10
campsites/RV sites per
acre
• No selling of RVs or RV
sites
• Minimum of 50’
undeveloped buffer
along the total
perimeter of the
campground
• Short-term
campground stays are
permitted
• All campsites classified
as extended-stay must
be served by electricity
and a VDH-approved
water and sewer
system
• Operators are
responsible for
enforcing time limits
• Must have direct
access off a state-
maintained road or be
connected to a state-
maintained road by a
private street
• Camp hosts may reside
at a campground or
• No more than 10
campsites/RV sites
per acre
• Each site must be at
least 1,600 square
feet
• No campsite,
structure, or athletic
facility can be within
100 feet of a property
boundary.
• Must meet all state
and local health
department
requirements before
site plan approval
• Only one permanent
resident is allowed
(the owner or
manager). Other park
visitors can't stay
longer than 60 days
• Minimum lot area of
20 acres
• Public water or a
central water system
designed to public
standards is required
• Minimum of 50’
landscaped open
space along the
perimeter of the
campground where
18
Pittsylvania County Zoning Ordinance Update
Attachment A | Campground/Temporary Worker Regulations
June 18, 2024
Campground/Temporary Worker Regulations | Page 7 of 7
Regulation Albemarle County Augusta County Fauquier County Chesterfield County Northampton County
Performance
Standards
(cont.)
park year-round,
without regard to guest
occupancy time limits.
A campground or park
may have one camp
host per fifty (50)
campsites.
• The operator is
required to keep a
guest register tracking
occupancy data for all
guests.
adjacent to
residential
• No mobile homes,
inoperable vehicles,
or junk vehicles
• The park must be in
or next to a service
district
* The Board of Supervisors specifically requested a review of standards from Albemarle, Fauquier, and Chesterfield Counties during the January joint worksession. Berkley Group has
also included Augusta and Northampton Counties as appropriate comparisons.
Based on the above research, County staff and Berkley Group recommend increasing the number of nights a patron is permitted
to stay at a campground site from 120 to 180 days. Keep in mind this number can be further amended during the Special Use
Permit process, if necessary, to meet the needs of each individual campground.
19
Final Review Draft
June 2024
ZONING ORDINANCE
20
Table of Contents | i
Table of Contents
ARTICLE I. – In General. .......................................................................................................................... I-1
Division 1. Enactment and Authority. ...........................................................................................................I-1
Section 1-1-1. Title.....................................................................................................................................I-1
Section 1-1-2. Authority. ...........................................................................................................................I-1
Section 1-1-3. Purpose. .............................................................................................................................I-1
Section 1-1-4. Applicability. .......................................................................................................................I-2
Section 1-1-5. Conformity with Ordinance Required...............................................................................I-3
Section 1-1-6. Severability. ........................................................................................................................I-3
Division 2. Ordinance Conflicts and Interpretation. .....................................................................................I-3
Section 1-2-1. Interpretation. ...................................................................................................................I-3
Section 1-2-2. Figures and References in Ordinance. ..............................................................................I-4
Division 3. Zoning Districts Map. ...................................................................................................................I-4
Section 1-3-1. Establishment, Maintenance, and Amendment. .............................................................I-4
Section 1-3-2. Incorporated by Reference. ..............................................................................................I-5
Section 1-3-3. Interpretation of Zoning District Boundaries. ..................................................................I-5
Section 1-3-4. Unauthorized Changes. .....................................................................................................I-6
Division 4. Transition of Regulations After Adoption. ..................................................................................I-6
Section 1-4-1. Effective Date of Ordinance. .............................................................................................I-6
Section 1-4-2. Violations Continue. ..........................................................................................................I-6
Section 1-4-3. Nonconformities. ...............................................................................................................I-6
Section 1-4-4. Complete Applications. .....................................................................................................I-7
Section 1-4-5. Other Approved Permits and Development Approvals. ..................................................I-7
Section 1-4-6. Vested Rights. ....................................................................................................................I-8
ARTICLE II – Administration. .................................................................................................................. II-1
Division 1. Zoning Administrator. ................................................................................................................ II-1
Section 2-1-1. Appointment; Powers; and Duties. ................................................................................. II-1
Division 2. Planning Commission. ............................................................................................................... II-2
Section 2-2-1. Appointment and Membership. ..................................................................................... II-2
Section 2-2-2. Powers and Duties. .......................................................................................................... II-2
Section 2-2-3. Meetings and Procedures. .............................................................................................. II-3
Division 3. Board of Zoning Appeals. .......................................................................................................... II-3
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Table of Contents | ii
Section 2-3-1. Appointment; Terms; Membership; Compensation; Removal ...................................... II-3
Section 2-3-2. Powers and Duties. .......................................................................................................... II-4
Section 2-3-3. Meetings and Procedures. .............................................................................................. II-5
Division 4. Enforcement. ............................................................................................................................. II-5
Section 2-4-1. Authority. ......................................................................................................................... II-5
Section 2-4-2. Complaints and Inspection. ............................................................................................ II-6
Section 2-4-3. Notice of Violation. .......................................................................................................... II-6
Section 2-4-4. Remedies and Penalties for Violation. ............................................................................ II-7
Division 5. Fees. ........................................................................................................................................... II-8
Section 2-5-1. Fees and Charges. ............................................................................................................ II-8
Division 6. Taxes and Expenses Paid. .......................................................................................................... II-9
Section 2-6-1. Delinquent Taxes and Charges. ....................................................................................... II-9
ARTICLE III – Permits and Applications. ................................................................................................. III-1
Division 1. In General. ................................................................................................................................. III-1
Section 3-1-1. Preapplication Meeting. ................................................................................................. III-1
Section 3-1-2. Minimum Submission Standards. .................................................................................. III-1
Section 3-1-3. Forms. ............................................................................................................................. III-1
Section 3-1-4. Ownership Disclosure. .................................................................................................... III-1
Section 3-1-5. Oath Required. ................................................................................................................ III-2
Division 2. Zoning Text and Map Amendments. ........................................................................................ III-2
Section 3-2-1. In General........................................................................................................................ III-2
Section 3-2-2. Standards and Procedures. ............................................................................................ III-2
Section 3-2-3. Reconsiderations. ........................................................................................................... III-5
Division 3. Conditional Zoning and Proffers. .............................................................................................. III-5
Section 3-3-1. Purpose and Intent. ........................................................................................................ III-5
Section 3-3-2. Standards and Procedures. ............................................................................................ III-6
Section 3-3-3. Amendments and Variations Prior to Final Decision. ................................................... III-8
Section 3-3-4. Effect of Condition; Period of Validity. ........................................................................... III-8
Section 3-3-5. Record of Conditional Zoning......................................................................................... III-8
Section 3-3-6. Reconsiderations. ........................................................................................................... III-8
Division 4. Special Use Permits. ................................................................................................................. III-9
Section 3-4-1. Purpose and Intent. ........................................................................................................ III-9
Section 3-4-2. Applicability. .................................................................................................................... III-9
22
Table of Contents | iii
Section 3-4-3. Standards and Procedures. ............................................................................................ III-9
Section 3-4-4. Effect of Decision; Period of Validity. ........................................................................... III-12
Section 3-4-5. Revocations. .................................................................................................................. III-13
Section 3-4-6. Reconsiderations. ......................................................................................................... III-13
Division 5. Variances. ................................................................................................................................ III-13
Section 3-5-1. Purpose and Intent. ...................................................................................................... III-13
Section 3-5-2. Standards and Procedures. .......................................................................................... III-13
Section 3-5-3. Effect of Decision; Period of Validity. ........................................................................... III-15
Section 3-5-4. Reconsiderations. ......................................................................................................... III-15
Division 6. Site Development Plans. ......................................................................................................... III-15
Section 3-6-1. Purpose and Intent. ...................................................................................................... III-15
Section 3-6-2. Applicability. .................................................................................................................. III-16
Section 3-6-3. Site Development Plan Specifications and Contents. ................................................. III-17
Section 3-6-4. Standards and Improvements. ..................................................................................... III-20
Section 3-6-5. Review. .......................................................................................................................... III-21
Section 3-6-6. Amendment of Site Development Plans. .................................................................... III-23
Section 3-6-7. Compliance with Approved Site Development Plan Required. .................................. III-23
Section 3-6-8. Period of Validity. .......................................................................................................... III-24
Division 7. Zoning Permits. ....................................................................................................................... III-25
Section 3-7-1. Applicability. .................................................................................................................. III-25
Section 3-7-2. Standards and Procedures. .......................................................................................... III-25
Division 8. Certificates of Occupancy. ...................................................................................................... III-26
Section 3-8-1. Applicability. .................................................................................................................. III-26
Section 3-8-2. Standards and Procedures. .......................................................................................... III-26
Division 9. Written Determinations. ........................................................................................................ III-27
Section 3-9-1. Intent. ............................................................................................................................ III-27
Section 3-9-2. Standards and Procedures. .......................................................................................... III-27
Division 10. Appeals. ................................................................................................................................. III-27
Section 3-10-1. Appeals of Zoning Administrator Determinations and Decisions. ........................... III-27
Section 3-10-2. Appeals to Board of Zoning Appeals Procedure. ...................................................... III-28
Section 3-10-3. Appeals of Board of Zoning Appeals, Planning Commission, or Board of Supervisors.
............................................................................................................................................................... III-28
Section 3-10-4. Construction in Violation of Ordinance without Appeal to BZA. ............................. III-29
23
Table of Contents | iv
Section 3-10-5. Stay of Proceedings. ................................................................................................... III-29
Division 11. Public Hearings and Notifications. ....................................................................................... III-29
Section 3-11-1. Public Hearing Required. ............................................................................................ III-29
Section 3-11-2. Advertisement and Mailings. ..................................................................................... III-30
Section 3-11-3. Posting Notice on Property. ....................................................................................... III-32
Section 3-11-4. Waiver of Notice. ........................................................................................................ III-32
ARTICLE IV. – District Standards. ........................................................................................................... IV-1
Division 1. Establishment and Purpose. ..................................................................................................... IV-1
Section 4-1-1. General. ........................................................................................................................... IV-1
Section 4-1-2. References to District Names. ........................................................................................ IV-2
Section 4-1-3. Purpose and Intent of Primary Zoning Districts. ........................................................... IV-2
Division 2. General District Standards........................................................................................................ IV-5
Section 4-2-1. General. ........................................................................................................................... IV-5
Section 4-2-2. Additional Standards. ..................................................................................................... IV-5
Section 4-2-3. Height Regulations. ........................................................................................................ IV-6
Section 4-2-4. Determination and Measurement of Lots..................................................................... IV-7
Section 4-2-5. Lot Coverage and Siting. ............................................................................................... IV-10
Division 3. Exemptions and Encroachments. ........................................................................................... IV-10
Section 4-3-1. Structures in Required Setbacks. ................................................................................. IV-10
Section 4-3-2. Reduction of Setbacks. ................................................................................................. IV-11
Section 4-3-3. Exemptions. .................................................................................................................. IV-12
Division 4. Agricultural Districts Dimensional Standards. ....................................................................... IV-13
Section 4-4-1. Agricultural District Regulations. ................................................................................. IV-13
Division 5. Residential Districts Dimensional Standards. ........................................................................ IV-15
Section 4-5-1. Single Family Residential District Regulations. ............................................................ IV-15
Section 4-5-2. Multi-Family Residential District Regulations. ............................................................. IV-16
Section 4-5-3. Manufactured Home Park District Regulations. .......................................................... IV-19
Division 6. Commercial Districts Dimensional Standards. ...................................................................... IV-21
Section 4-6-1. Commercial District Regulations. ................................................................................. IV-21
Division 7. Industrial Districts Dimensional Standards. ........................................................................... IV-22
Section 4-7-1. Industrial District Regulations. ..................................................................................... IV-22
Division 8. Planned Development Dimensional Standards. .................................................................... IV-23
Section 4-8-1. Residential Planned Unit Development District. ......................................................... IV-23
24
Table of Contents | v
Division 9. Conservation Districts Dimensional Standards. .................................................................... IV-27
Section 4-9-1. Conservation District Regulations. ............................................................................... IV-27
Section 4-9-2. Protection Measures. ................................................................................................... IV-28
ARTICLE V. - Overlay Zoning Districts. ..................................................................................................... V-1
Division 1. Establishment. ........................................................................................................................... V-1
Section 5-1-1. General. ............................................................................................................................ V-1
Division 2. Lake Surface Overlay District (LSOD). ....................................................................................... V-1
Section 5-2-1. Purpose and Intent. ......................................................................................................... V-1
Section 5-2-2. Applicability. ..................................................................................................................... V-2
Section 5-2-3. Development and Design Standards. ............................................................................. V-2
Section 5-2-4. Piers, Docks, and Boathouses. ........................................................................................ V-3
Section 5-2-5. Moorings and Floats. ....................................................................................................... V-4
Division 3. Floodplain Overlay District (FOD).............................................................................................. V-5
Section 5-3-1. Purpose and Intent. ......................................................................................................... V-5
Section 5-3-2. Regulations. ..................................................................................................................... V-5
Division 4. Airport Overlay District (AOD). .................................................................................................. V-5
Section 5-4-1. Purpose and Intent. ......................................................................................................... V-5
Section 5-4-2. Applicability. ..................................................................................................................... V-6
Section 5-4-3. General Regulations. ....................................................................................................... V-6
Section 5-4-4. Development and Design Standards. ............................................................................. V-7
Section 5-4-5. Use Regulations. .............................................................................................................. V-7
Section 5-4-6. Variances. ......................................................................................................................... V-8
ARTICLE VI. – Use Matrix. ..................................................................................................................... VI-1
Division 1. Uses Provided. .......................................................................................................................... VI-1
Section 6-1-1. Organization. ................................................................................................................... VI-1
Section 6-1-2. Abbreviations in Use Matrix. .......................................................................................... VI-1
Division 2. Uses Not Provided. ................................................................................................................... VI-1
Section 6-2-1. Uses Not Provided. ......................................................................................................... VI-1
ARTICLE VII. – Use Performance Standards. ......................................................................................... VII-1
Division 1. General. .................................................................................................................................... VII-1
Section 7-1-1. Purpose and Intent. ....................................................................................................... VII-1
Section 7-1-2. Must Meet Other Regulations. ..................................................................................... VII-1
Division 2. Agricultural Use Standards. ..................................................................................................... VII-2
25
Table of Contents | vi
Section 7-2-1. Agriculture, Intensive. ................................................................................................... VII-2
Section 7-2-2. Agriculture, Residential. ................................................................................................ VII-5
Section 7-2-3. Agritourism. ................................................................................................................... VII-8
Section 7-2-4. Processing Facility, Small-Scale. .................................................................................... VII-9
Section 7-2-5. Stable, Commercial...................................................................................................... VII-10
Section 7-2-6. Stable, Private. ............................................................................................................. VII-10
Section 7-2-7. Wayside Stands. ........................................................................................................... VII-11
Division 3. Residential Use Standards. .................................................................................................... VII-11
Section 7-3-1. Bed and Breakfast. ....................................................................................................... VII-11
Section 7-3-2. Dwelling, Accessory. .................................................................................................... VII-11
Section 7-3-3. Dwelling, Manufactured Home................................................................................... VII-13
Section 7-3-4. Dwelling, Multi-Family. ................................................................................................ VII-14
Section 7-3-5. Dwelling, Townhouse. ................................................................................................. VII-14
Section 7-3-6. Family Health Care Structure, Temporary. ................................................................. VII-15
Section 7-3-7. Home Occupation, Class A. ......................................................................................... VII-16
Section 7-3-8. Home Occupation, Class B. ......................................................................................... VII-16
Section 7-3-9. Short-Term Rental. ....................................................................................................... VII-17
Division 4. Public, Civic, and Recreational Use Standards...................................................................... VII-20
Section 7-4-1. Camp. ........................................................................................................................... VII-20
Section 7-4-2. Campground. ............................................................................................................... VII-20
Section 7-4-3. Campground, Primitive. .............................................................................................. VII-22
Section 7-4-4. Club. ............................................................................................................................. VII-23
Section 7-4-5. Telecommunications Facility. ...................................................................................... VII-23
Section 7-4-6. Telecommunications Facility, Small Cell. .................................................................... VII-31
Section 7-4-7. Utility Service, Major. .................................................................................................. VII-32
Section 7-4-8. Utility Service, Minor. .................................................................................................. VII-33
Division 5. Commercial Use Standards. .................................................................................................. VII-33
Section 7-5-1. Adult Use...................................................................................................................... VII-33
Section 7-5-2. Car Wash. ..................................................................................................................... VII-35
Section 7-5-3. Event Venue. ................................................................................................................ VII-36
Section 7-5-4. Gasoline Stations. ........................................................................................................ VII-37
Section 7-5-5. Kennel, Commercial. ................................................................................................... VII-38
Section 7-5-6. Marina. ......................................................................................................................... VII-38
26
Table of Contents | vii
Section 7-5-7. Outdoor Sales, Seasonal.............................................................................................. VII-38
Section 7-5-8. Recreation, Outdoor. ................................................................................................... VII-39
Section 7-5-9. Recreational Vehicle Storage Facility. ......................................................................... VII-40
Section 7-5-10. Restaurant, Mobile. ................................................................................................... VII-40
Section 7-5-11. Special Event. ............................................................................................................. VII-42
Section 7-5-12. Store, Convenience. .................................................................................................. VII-42
Section 7-5-13. Tradesperson Service. ............................................................................................... VII-43
Section 7-5-14. Truck Stop. ................................................................................................................. VII-43
Section 7-5-15. Vehicle Repair Service. .............................................................................................. VII-44
Section 7-5-16. Veterinary Hospital. ................................................................................................... VII-46
Division 6. Industrial Use Standards........................................................................................................ VII-46
Section 7-6-1. Battery Storage Facility. ............................................................................................... VII-46
Section 7-6-2. Data Center. ................................................................................................................. VII-49
Section 7-6-3. Junkyard/Salvage Yard. ................................................................................................ VII-51
Section 7-6-4. Mining; Minerals Extraction and Processing. ............................................................. VII-51
Section 7-6-5. Oil/Gas Exploration. ..................................................................................................... VII-53
Section 7-6-6. Power Station. .............................................................................................................. VII-57
Section 7-6-7. Sawmill, Temporary. .................................................................................................... VII-64
Division 7. Miscellaneous Use Standards. .............................................................................................. VII-65
Section 7-7-1. Accessory Structure. .................................................................................................... VII-65
Section 7-7-2. Boathouse. ................................................................................................................... VII-66
Section 7-7-3. Construction Building or Yard, Temporary. ................................................................. VII-66
Section 7-7-4. Kennel, Private. ............................................................................................................ VII-67
Section 7-7-5. Mixed-Use Structure. .................................................................................................. VII-68
Section 7-7-6. Outdoor Display. .......................................................................................................... VII-68
Section 7-7-7. Outdoor Storage. ......................................................................................................... VII-68
Section 7-7-8. Piers, private. ............................................................................................................... VII-69
Section 7-7-9. Residential Yard Sale. ................................................................................................... VII-69
Section 7-7-10. Solar Energy Facility, Large-Scale. ............................................................................. VII-69
Section 7-7-11. Solar Energy Facility, Small-Scale. ............................................................................. VII-76
Section 7-7-12. Solar Energy Facility, Utility-Scale. ........................................................................... VII-78
ARTICLE VIII. Community Design Standards. ....................................................................................... VIII-1
Division 1. Visibility Clearance. ................................................................................................................. VIII-1
27
Table of Contents | viii
Section 8-1-1. General. ......................................................................................................................... VIII-1
Division 2. Lighting. ................................................................................................................................... VIII-1
Section 8-2-1. Purpose and Intent. ...................................................................................................... VIII-1
Section 8-2-2. Applicability. .................................................................................................................. VIII-2
Section 8-2-3. Standards. ..................................................................................................................... VIII-3
Section 8-2-4. Modifications and Compliance. ................................................................................... VIII-4
Division 3. Landscaping and Screening. ................................................................................................... VIII-5
Section 8-3-1. Purpose and Intent. ...................................................................................................... VIII-5
Section 8-3-2. Application of Landscaping and Screening Requirements. ........................................ VIII-5
Section 8-3-3. Landscape Plan Requirements. .................................................................................... VIII-5
Section 8-3-4. General Standards. ....................................................................................................... VIII-6
Section 8-3-5. Transitional Buffers. ...................................................................................................... VIII-9
Section 8-3-6. Parking Lot Landscaping. ............................................................................................ VIII-16
Section 8-3-7. Screening and Enclosures. ......................................................................................... VIII-19
Section 8-3-8. Modifications. ............................................................................................................. VIII-20
Division 4. Walls and Fences. ................................................................................................................. VIII-20
Section 8-4-1. Purpose and Intent. .................................................................................................... VIII-20
Section 8-4-2. Application of Walls and Fences Requirements. ....................................................... VIII-20
Section 8-4-3. Location. ...................................................................................................................... VIII-21
Section 8-4-4. Height. ......................................................................................................................... VIII-21
Section 8-4-5. Materials. .................................................................................................................... VIII-23
Section 8-4-6. Maintenance. .............................................................................................................. VIII-24
Division 5. Parking and Loading. ............................................................................................................ VIII-24
Section 8-5-1. Purpose and Intent. .................................................................................................... VIII-24
Section 8-5-2. General. ....................................................................................................................... VIII-24
Section 8-5-3. Obligations of Owner. ................................................................................................. VIII-25
Section 8-5-4. Location to Use. .......................................................................................................... VIII-25
Section 8-5-5. Joint/Shared Parking................................................................................................... VIII-25
Section 8-5-6. Reduction and/or Increase. ........................................................................................ VIII-26
Section 8-5-7. Parking Design Standards. .......................................................................................... VIII-26
Section 8-5-8. Parking Requirements. ............................................................................................... VIII-28
Section 8-5-9. Recreational Vehicle and Boat Parking. ..................................................................... VIII-31
Section 8-5-10. Off-Street Loading Design Standards....................................................................... VIII-32
28
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Section 8-5-11. Off-Street Loading Requirements. ........................................................................... VIII-33
Division 6. Signs. ..................................................................................................................................... VIII-34
Section 8-6-1. Purpose and Intent. .................................................................................................... VIII-34
Section 8-6-2. Administration. ........................................................................................................... VIII-34
Section 8-6-3. Exemptions. ................................................................................................................ VIII-36
Section 8-6-4. Prohibited. .................................................................................................................. VIII-37
Section 8-6-5. Measurement and General Sign Standards. ............................................................. VIII-38
Section 8-6-6. Special Sign Standards. ............................................................................................... VIII-40
Section 8-6-7. Permitted Signs by District. ........................................................................................ VIII-42
Section 8-6-8. Nonconforming Signs. ................................................................................................ VIII-44
Section 8-6-9. Maintenance and Enforcement. ................................................................................ VIII-45
Division 7. Open Space. .......................................................................................................................... VIII-46
Section 8-7-1. Purpose and Intent. .................................................................................................... VIII-46
Section 8-7-2. Applicability. ................................................................................................................ VIII-46
Section 8-7-3. Amount of Open Space Required. ............................................................................. VIII-46
Section 8-7-4. Areas Counted as Open Space. .................................................................................. VIII-47
Section 8-7-5. Areas Not Counted as Open Space. ........................................................................... VIII-48
Section 8-7-6. Design and Development Standards. ........................................................................ VIII-49
Section 8-7-7. Ownership and Maintenance..................................................................................... VIII-49
ARTICLE IX. – Nonconforming Uses, Lots, and Structures. ..................................................................... IX-1
Division 1. General. ...................................................................................................................................... IX-1
Section 9-1-1. Intent. ............................................................................................................................... IX-1
Section 9-1-2. General. ............................................................................................................................ IX-1
Division 2. Standards for Nonconformities. ................................................................................................ IX-1
Section 9-2-1. Nonconforming Uses. ...................................................................................................... IX-1
Section 9-2-2. Nonconforming Lots of Record. ...................................................................................... IX-2
Section 9-2-3. Nonconforming Structures, Buildings, and Improvements. .......................................... IX-3
Section 9-2-4. Repairs and Maintenance. .............................................................................................. IX-4
ARTICLE X. – Definitions. ....................................................................................................................... X-1
Division 1. Word Usage. ................................................................................................................................ X-1
Section 10-1-1. General............................................................................................................................ X-1
Section 10-1-2. List of Abbreviations. ...................................................................................................... X-1
Division 2. General Terms. ............................................................................................................................ X-2
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Section 10-2-1. General............................................................................................................................ X-2
Division 3. Overlay District Terms...............................................................................................................X-13
Section 10-3-1. Lake Surface Overlay District. ......................................................................................X-13
Section 10-3-2. Floodplain Overlay District. ..........................................................................................X-14
Section 10-3-3. Airport Overlay District. ...............................................................................................X-14
Division 4. Use Terms. .................................................................................................................................X-14
Section 10-4-1. Agricultural. ..................................................................................................................X-14
Section 10-4-2. Residential. ...................................................................................................................X-16
Section 10-4-3. Public, Civic, and Recreational. ....................................................................................X-18
Section 10-4-4. Commercial. ..................................................................................................................X-20
Section 10-4-5. Industrial. ......................................................................................................................X-24
Section 10-4-6. Miscellaneous. ..............................................................................................................X-26
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ARTICLE I. – In General.
Division 1. Enactment and Authority.
Section 1-1-1. Title.
This Chapter, the full title of which is “The Zoning Ordinance of Pittsylvania County, Virginia,” shall be
permitted, for convenience, to be referred to as the “Zoning Ordinance” or “Ordinance.”
Section 1-1-2. Authority.
Pursuant to the Code of Virginia, § 15.2-2280 et seq., as amended, Pittsylvania County, Virginia, is given
the authority to classify and regulate land development under its jurisdiction.
Section 1-1-3. Purpose.1
(A) The Zoning Ordinance of Pittsylvania County, Virginia, is intended to promote the health, safety,
and general welfare of the public; to implement the adopted Pittsylvania County Comprehensive
Plan for the orderly and controlled development of the County; to implement good zoning
practice and the aesthetic values and priorities of the local citizenry; and to further accomplish
the objectives of § 15.2-2200, as amended, of the Code of Virginia. To these ends, the Ordinance
shall be designed to give reasonable consideration to each of the following purposes:
(1) Provide for adequate light, air, convenience of access and safety from fire, flood, impounding
structure failure, crime, and other dangers;
(2) Reduce or prevent congestion in the public streets;
(3) Facilitate the creation of a convenient, attractive, and harmonious community;
(4) Facilitate the provision of adequate police and fire protection, disaster evacuation, civil
defense, transportation, water, sewerage, flood protection, schools, parks, forests,
playgrounds, recreational facilities, airports, and other public requirements;
(5) Protect against destruction of or encroachment upon historic areas and working waterfront
development areas;
(6) Protect against one or more of the following: overcrowding of land, undue density of
population in relation to the community facilities existing or available, obstruction of light
and air, danger and congestion in travel and transportation, or loss of life, health or property
from fire, flood, impounding structure failure, panic or other dangers;
(7) Encourage economic development activities that provide desirable employment and enlarge
the tax base;
(8) Provide for the preservation of agricultural and forestal lands and other lands of significance
for the protection of the natural environment;
1 Editor’s Note: This section is proposed to replace Section 35-3. Purpose expanded to include all items supplied in
the Code of Virginia for the purpose of Zoning Ordinances.
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(9) Protect the approach slopes and other safety areas of licensed airports, including United
States government and military air facilities;
(10) Promote the creation and preservation of affordable housing suitable for meeting the current
and future needs of the County as well as reasonable proportion of the current and future
needs of the planning district within which the County is located;
(11) Provide reasonable protection against encroachment upon military bases, military
instillations, and military airports and their adjacent safety areas, excluding armories
operated by the Virginia National Guard;
(12) Provide reasonable modifications in accordance with the Americans with Disabilities Act of
1990 or state and federal fair housing laws, as applicable; and,
(13) Protect surface water and ground water as defined in the Code of Virginia § 62.1-255, as
amended.
(B) It is not the intent of this Ordinance to exclude any economic, racial, religious, or ethnic group
from enjoyment of residence, land ownership, or tenants within Pittsylvania County, nor is it the
intent of this Ordinance to use public powers in any way to promote the separation within
Pittsylvania County of economic, racial, religious, or ethnic groups, except as may be the
incidental result of meeting the purposes outlined in (A) above.2
Section 1-1-4. Applicability.3
(A) Pursuant to the Code of Virginia, § 15.2-2281, as amended, the provisions of this Ordinance shall
apply to all property within the entire unincorporated territory of Pittsylvania County, Virginia,
including all land, structures, water areas, and waterways or watercourses, with the exception
that any property held in fee simple ownership and used by the United States of America, the
Commonwealth of Virginia, or the government of Pittsylvania County shall not be subject to the
provisions contained herein. Upon transfer of ownership or control of any portion of government
lands to private interests, the regulations of the district in which the land is located shall
automatically apply.
(B) Pursuant to the Code of Virginia, § 15.2-2284, as amended, the zoning regulations and districts
as herein set forth have been drawn with reasonable consideration for the existing use and
character of property, the Comprehensive Plan, the suitability of properties for various uses, the
trends of growth or change, the current and future requirements of the community as to land for
various purposes as determined by population and economic studies and other studies, the
transportation requirements of the community, and the requirements for airports, housing,
schools, parks, playgrounds, recreation areas, and other public services; and the conservation of
natural resources, the preservation of flood plains, the protection of life and property from
impounding structure failures, the preservation of agriculture and forestal land, the conservation
2 Editor’s Note: Section 35-3.1 of the existing Ordinance has been proposed for integration into this section.
3 Editor’s Note: Proposed as a new section to replace Sections 35-45 and 35-46.
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of properties and their values, and the encouragement of the most appropriate use of land
throughout the County.4
Section 1-1-5. Conformity with Ordinance Required.5
(A) Except as otherwise provided in this Ordinance or as modified through a zoning approval, all land,
buildings, structures, and/or premises within the County shall only be used, occupied, erected,
constructed, removed, enlarged, and/or altered in conformance with this Ordinance’s
regulations.
(B) All the departments, officials, and public employees of this jurisdiction that are vested with the
duty of authority to issue permits or licenses shall conform to the provisions of this Ordinance.
They shall issue permits for uses, buildings, or purposes only when they are in compliance with
the provisions of this Ordinance.
Section 1-1-6. Severability.6
Should the courts decide that any Section or provision of this Ordinance is unconstitutional or invalid,
such decision shall not affect the validity of the Ordinance as a whole, or any part thereof, other than
the part held to be unconstitutional or invalid.
Division 2. Ordinance Conflicts and Interpretation.
Section 1-2-1. Interpretation.7
(A) The Zoning Administrator shall interpret this Ordinance based upon the following criteria:
(1) Provisions shall be held to be the minimum requirements for the promotion of the public
safety, health, convenience, comfort, prosperity, or general welfare;
(2) Unless otherwise specified, the standards of this Ordinance are the minimum required;
(3) Whenever provisions within this Ordinance conflict with each other, or any local, state, or
federal statute, or regulation with respect to requirements or standards, the most severe or
stringent requirement or standard shall prevail;
(4) It is not the intent of this Ordinance to interfere with or repeal or annul any easements,
covenants or other agreements between parties; however, pursuant to the Code of Virginia
§ 15.2-2315, as amended, where this Ordinance conflicts with any other lawfully adopted
statute, regulation, or ordinance, the most restrictive, or the higher standard, shall control to
the extent necessary to resolve the conflict;
4 Editor’s Note: Section 1-1-4(B) text is carried over from Section 35-4 of the existing Ordinance; however, the text
has been slightly edited for clarity and to align more fully with Code of Virginia § 15.2-2284.
5 Editor’s Note: Proposed as a new section.
6 Editor’s Note: Text has been carried over from Section 35-24 of the existing Ordinance.
7 Editor’s Note: Section 1-2-1 integrates text from existing Sections 35-25, 35-27, and 35-689. This text has been edited
and expanded upon for clarity, for consolidation, and to align more fully with the Code of Virginia.
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(5) A building, structure, or use which was not legally existing on _________ (effective date of
revised ordinance) shall not be made lawful solely by adoption of this Ordinance;
(6) In case of any dispute over the meaning of a word, phrase, or sentence, whether defined
herein or not, the Zoning Administrator is hereby authorized to make a definitive
determination thereof; and
(7) Any condition imposed or proffer accepted as part of a zoning proposal in accordance with
Code of Virginia § 15.2-2261.1 et seq. prior to _______ (effective date of revised Ordinance)
shall be continued in effect and shall be construed to be a "local regulation.” However, as
stated in Code of Virginia § 15.2-2261.1, as amended, if there is a conflict between conditions
imposed through those land use decisions and the regulations of this Ordinance, the
conditions shall apply. If there is no condition that addresses a specific use or development
standard of this Ordinance, the requirements of this Ordinance shall govern.
Section 1-2-2. Figures and References in Ordinance.8
(A) Where figures are contained in this Ordinance, they are provided for demonstrative purposes
only and are not a substantive part of this Ordinance.
(B) If any section of this Ordinance incorporates by reference any state statute or regulation, then
the Ordinance incorporates future amendments of the state statute or regulation.
Division 3. Zoning Districts Map.
Section 1-3-1. Establishment, Maintenance, and Amendment.9
(A) The unincorporated areas of Pittsylvania County, Virginia, are hereby divided into zoning districts,
as shown on the official “Zoning Map of Pittsylvania County, Virginia.” The Zoning Map of
Pittsylvania County, Virginia shall be, for convenience, referred to as the “Zoning Map.”
(B) A certified copy of the Zoning Ordinance and its Zoning Map shall be filed in the office of the Clerk
of Circuit Court of Pittsylvania County, Virginia.
(C) The Zoning Map shall be available for examination and inspection by the public at all reasonable
times.
(D) The Administrator shall keep and maintain the zoning index as part of the Zoning Map.
(E) The original Zoning Map shall be filed in the office of the Zoning Administrator and such original
shall be updated from time to time as the result of the following Board of Supervisors action:
(1) Amendments to the Ordinance;
(2) Approval of a Rezoning (see Article III, Section 2, of this Ordinance); or
(3) Approval of Conditional Zoning (see Article III, Section 3, of this Ordinance).
8 Editor’s Note: Proposed as a new section.
9 Editor’s Note: Proposed as a new section; some text from Sections 35-810 and 35-8 of the existing Ordinance has
been included.
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(F) If the official Zoning Map is destroyed, lost, or damaged beyond the point of reasonable
readability and interpretation, the Board of Supervisors may, by resolution, adopt a new official
Zoning Map that shall supersede the prior official Zoning Map. No such correction shall have the
effect of amending the original official Zoning Map or any subsequent amendment thereof
without a public hearing in accordance with Code of Virginia § 15.2-2204, as amended.
Section 1-3-2. Incorporated by Reference.10
The Zoning Map, as amended, together with all explanatory matter thereon, is hereby adopted by
reference and declared to be a part of this Ordinance.
Section 1-3-3. Interpretation of Zoning District Boundaries.11
(A) The Zoning Map associated with this text and showing the division of the territory into districts
shall be interpreted with the following rules when uncertainty exists with respect to the
boundaries of any of the districts:
(1) Where district boundaries are fixed by dimensions or otherwise shown or described, there
shall be no uncertainty.
(2) Zoning district boundaries shall not divide a parcel of land. Each parcel of land in the County
shall have only one district zoning classification as depicted on the Official County Zoning
Map.
(i) Where a district boundary line as appearing on the official Zoning Map divides a lot, which
is in single ownership at the time of this enactment, the use classification of the larger
portion may, on rezoning application, be extended to the remainder by the Board of
Supervisors.
(3) Where district boundaries are indicated as approximately following or at right angles to the
centerlines of streets, highways, alleys or railroad tracks, or rights-of-way of the same, such
centerline, or lines at right angles to such centerlines, shall be construed to be such
boundaries.
(4) Where a district boundary is indicated to follow a river, stream, creek, or branch or other
body of water, said boundary shall be construed to follow the centerline at low water or at
the limit of the jurisdiction, and in the event of change in shoreline, such boundary shall be
construed as moving with the actual shoreline.
(5) Where a public road, street, or alley is officially vacated or abandoned, the adjacent zoning
district shall apply to such vacated or abandoned road, street, or alley. In the case of more
than one adjacent district, the Board of Zoning Appeals shall determine the appropriate
zoning district.
(6) If distances or other dimensions are not specifically indicated on the Zoning Map, they will
be determined by the scale of the map.
10 Editor’s Note: Section 1-3-2 text is carried over from Section 35-6 of the existing Ordinance.
11 Editor’s Note: This section is proposed to replace Section 35-47 of the existing Ordinance. The content is materially
the same, but reworded and reorganized for readability.
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(7) If the specific location of a boundary cannot be determined from notations on the Zoning
Map or application of the above standards, it will be determined by using the map scale to
determine the boundary's distance from other features shown on the map.
(8) In any case in which there is uncertainty, contradiction, or conflict as to the location of any
zoning district boundary – due to scale, illegibility, lack of detail, physical or natural features
vary from those on the Zoning Map, or any other circumstances not covered by this section
– the Zoning Administrator will have the authority to interpret the district boundaries in
accordance with Section 2-1-1 of this Ordinance.12
(9) The Zoning Administrator’s interpretations may be appealed to the BZA in accordance with
Article III, Division 10 of this Ordinance. The BZA will not have the power to change
substantially the locations of district boundaries.
Section 1-3-4. Unauthorized Changes.13
No changes of any nature shall be made on said Zoning Map or any matter shown thereon except in
conformity with the procedures and requirements of this Ordinance. It shall be unlawful for any person
to make unauthorized changes on the official Zoning Map.
Division 4. Transition of Regulations After Adoption.
Section 1-4-1. Effective Date of Ordinance.14
This Ordinance was adopted on ____ (date of adoption of revised ordinance). This Ordinance shall
become effective on ___ (effective date of revised ordinance) and repeals and replaces any prior Zoning
Ordinance adopted in Pittsylvania County. Its provisions shall be in force until repealed or amended.
Section 1-4-2. Violations Continue.
Any development or activity in violation of the previous Zoning Ordinance will continue to be a violation
under this Ordinance unless the development or activity complies with the express terms of this
Ordinance.
Section 1-4-3. Nonconformities.
If any use, structure, lot, sign, or site feature legally existed immediately prior to ____ (effective date
of revised ordinance) but does not fully comply with the standards of this Ordinance or any amendment
thereto, the use, structure, lot, sign, or site feature is considered nonconforming under this Ordinance
and must comply with the requirements in Article IX, Nonconforming Uses, Lots, and Structures, of this
Ordinance.
12 Editor’s Note: The existing Ordinance gives the BZA the authority to interpret zoning district boundaries. This is a
common, but outdated, practice; recommend interpretation of zoning district boundaries as an administrative
procedure with option to appeal to the BZA.
13 Editor’s Note: New section proposed to simplify the Section 35-6 of the existing Ordinance and separate unrelated
regulations.
14 Editor’s Note: Proposed as a new section.
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Section 1-4-4. Complete Applications.
(A) This Section pertains to applications for the following:
(1) Zoning Text and Map Amendments (rezoning);
(2) Proffers for Zoning Map Amendments (Conditional Zoning);
(3) Special Use Permits;
(4) Variances; and
(5) Subdivision Plats.
(B) Applications and/or plats deemed by the Administrator to be complete prior to ____ (effective
date of revised ordinance), but still pending final action as of that date, will be processed in
accordance with the regulations in effect when the submittal was accepted.
(C) An applicant with a pending application and/or plat accepted prior to ____ (effective date of
revised ordinance), may opt to have the proposed development reviewed and decided under the
standards of this Ordinance by withdrawing the pending submittal and submitting a new
application and/or plat in accordance with the procedures and standards of this Ordinance.
(D) Applications and/or plats accepted as complete prior to ____ (effective date of revised
ordinance), will be processed in accordance with any time frames for review, approval, and
completion established in the regulations in effect at the time the submittal was accepted as
complete.15
(E) To the extent such a complete application and/or plat is approved and proposes development
that does not comply with this Ordinance, the subsequent development, although permitted, will
be nonconforming and subject to the requirements of Article IX, Nonconforming Uses, Lots, and
Structures, of this Ordinance.16
Section 1-4-5. Other Approved Permits and Development Approvals.17
(A) This Section pertains to applications for the following:
(1) Site Development Plans;
(2) Zoning Permits; and
(3) All other permit and development approvals not provided for in Section 1-4-4, above.
15 Editor’s Note: Text has been incorporated from Section 35-49 of the existing Ordinance but has been modified for
clarity.
16 Editor’s Note: Section 35-49 of the existing Ordinance states that if construction does not commence within thirty
(30) days after the effective date of the Ordinance, or if construction discontinues for a period of six (6) months or
longer, further construction shall be in conformity with the provisions of the Ordinance for the district in which the
construction is located. However, Code of Virginia § 15.2-2261 states that an approved final subdivision plat shall be
valid for up to five years from the date of approval. It is also important to note that zoning permits should have
construction deadlines in the conditions, and building permits have their own requirements for construction and
timeframes.
17 Editor’s Note: Proposed as a new section.
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(B) Any other permits or development approvals granted prior to ____ (effective date of revised
ordinance), will remain valid until their expiration date.
(C) Developments with valid permits or development approvals granted prior to ____ (effective date
of revised ordinance), may be carried out in accordance with the terms and conditions of their
approval and the development standards in effect at the time of approval, provided the permit
or development approval is valid and has not expired.
(1) If the prior approval expires or is revoked, any subsequent development or use of the site will
be subject to the procedures and standards of this Ordinance.
(D) To the extent a prior-approved permit or development approval that does not comply with this
Ordinance, the subsequent development or use, although permitted, will be nonconforming and
subject to the requirements of Article IX, Nonconforming Uses, Lots, and Structures, of this
Ordinance.
Section 1-4-6. Vested Rights.18
(A) The provisions of this Ordinance shall not impair a vested right of a property owner. The
Administrator shall be authorized to make determinations on whether a property owner’s right
is deemed vested in a land use. Vested rights determinations shall be made in accordance with
the Code of Virginia § 15.2-2307, as amended.
(B) Nothing contained herein shall require any change in the plans or construction of any building or
structure for which a building permit was granted prior to ____ (effective date of revised
ordinance).
18 Editor’s Note: Proposed as a new section. The current Ordinance does not address vested rights, but this is required
for inclusion per the Code of Virginia.
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ARTICLE II – Administration.
Division 1. Zoning Administrator.
Section 2-1-1. Appointment; Powers; and Duties.1
(A) The Pittsylvania County Administrator shall have the authority to designate an individual to serve
as Zoning Administrator (Administrator). Said Administrator shall have all authority empowered
by this Ordinance in the administration and enforcement of all articles of this Ordinance. The
Administrator shall exercise their authority at the pleasure of the Pittsylvania County
Administrator.
(B) The Administrator may designate a Deputy Administrator or other designee to assist in these
duties.
(C) The Administrator may also hold another office in the County.
(D) The Administrator may act as Staff to the Pittsylvania County Planning Commission and the
Pittsylvania County Board of Zoning Appeals.
(E) The Administrator shall have such duties as are conferred by this Ordinance and the Code of
Virginia § 15.2-2286 (4) and § 15.2-2299, as amended, including:
(1) Administer and enforce this Ordinance;
(2) Administer and enforce conditions attached to a rezoning or amendment to the Zoning Map;
(3) Remedy any violation of this Ordinance, as outlined in Division 4 of this Article;
(4) Interpret zoning district boundaries;
(5) Where appropriate, issue zoning permits and certificates;
(6) Make necessary inspections;
(7) Maintain the Zoning Map;
(8) Review and approve Site Development Plans, as outlined in Article III, Permits and
Applications, of this Ordinance;
(9) Make determinations on whether a property owner’s right is deemed vested in a land use, as
outlined in Article I, In General, of this Ordinance;
(10) When necessary for Irregular Lots, determine the boundary line(s) from which the setback(s)
shall be measured; and
(11) When necessary, call for opinions or decisions, either verbal or written, from other
departments, boards, authorities, or state agencies.
1 This section replaces Sections 35-685 and 35-686 of the existing Ordinance to provide a clear, streamlined list of
powers and duties, as well as to include reference to and language from the Code of Virginia.
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(12) In addition to the regulations contained herein, the Administrator may, from time to time,
establish any reasonable additional administrative procedures deemed necessary for the
proper administration and efficient permit processing of this Ordinance.
Division 2. Planning Commission.
Section 2-2-1. Appointment and Membership.2
The Planning Commission shall be created, organized, and removed pursuant to the Code of Virginia, §
15.2-2210 and § 15.2-2212, as amended and as outlined in Chapter 13 of the Pittsylvania County Code.
Section 2-2-2. Powers and Duties.3
(A) The Planning Commission shall perform the duties as provided in this Ordinance and pursuant to
the Code of Virginia, § 15.2-2221 and § 15.2-2230, et seq, § 15.2-2232, and § 15.2-2285, as
amended, including but not limited to the following:
(1) Serve in an advisory capacity to the Board of Supervisors and Board of Zoning Appeals in the
administration of this Ordinance;
(2) Review applications for amendments to the text of this Ordinance or to the Zoning Map and
make recommendations to the Board of Supervisors as necessary;
(3) Review applications for variances, rezonings, and Special Use Permits and make
recommendations to the Board of Zoning Appeals as necessary;
(4) Review and make comments and/or recommendations on special matters referred to the
Planning Commission by the Board of Supervisors or the Board of Zoning Appeals for the
purpose of carrying out the intent of this Ordinance;
(5) Review Site Development Plans submitted in accordance with Article III, Division 6, of this
Ordinance; and
(6) Review the general location, character, and extent of streets, street connections, park or
other public areas, public buildings or public structures, public utility facility or public service
corporation facility, except a railroad facility or an underground natural gas or underground
electric distribution facility of a public utility, for accordance with the adopted
Comprehensive Plan.
(i) Widening, narrowing, extension, enlargement, vacation, or change of use of streets or
public areas shall likewise be submitted for approval.
(ii) Paving, repair, reconstruction, improvement, drainage or similar work and normal service
extensions of public utilities or public service corporations shall not require approval
unless involving a change in location or extent of a street or public area.
2 Editor’s Note: Chapter 13 of the County Code also supplies regulations for the Planning Commission. To prevent text
conflicts, the proposed text references the Code of Virginia and the County Code instead of enumerating these items.
3 Editor’s Note: This section includes text from Section 35-854 of the existing Ordinance, but reorganizes the content
and adds references to the Code of Virginia for compliance.
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Section 2-2-3. Meetings and Procedures.
(A) The Planning Commission shall conduct meetings and public hearings pursuant to the Code of
Virginia §15.2-2214-2217, as amended.
(B) Pursuant to the Code of Virginia § 15.2-2287.1, as amended, members are required, prior to or
at a hearing on a matter, make a full public disclosure of any business or financial relationship
that such member has, or has had within the 12-month period prior to such hearing and shall be
ineligible to vote or participate in any way upon the matter.4
Division 3. Board of Zoning Appeals.
Section 2-3-1. Appointment5; Terms; Membership; Compensation; Removal6
(A) Pursuant to the Code of Virginia, § 15.2-2308, et seq., as amended, a Board of Zoning Appeals
(BZA) shall be created and organized as follows:
(1) A BZA consisting of seven members, who are residents of Pittsylvania County, shall be
appointed by the circuit court.7
(2) The term of office shall be for five years; except, that of the first five members appointed,
one shall serve for five years, one for four years, one for three years, one for two years and
one for one year. Appointments for vacancies occurring otherwise than by expiration of term
shall in all cases be for the unexpired term.
(3) The secretary of the BZA shall notify the court at least 30 days in advance of the expiration or
a term of office, or promptly if a vacancy occurs. A member whose term expires shall continue
to serve until the successor is appointed and qualifies.
(4) Members of the BZA may be reappointed to succeed themselves but may hold no other
public office in Pittsylvania County; except that one member may be a member of the
Planning Commission, any member may be appointed to serve as an officer of election as
defined in Code of Virginia § 24.2-101, as amended, and any elected official of an
incorporated town may serve on the board of the county in which the member also resides.
(5) Members of the BZA shall receive such compensation as may be authorized by the Board of
Supervisors, from time to time, by Ordinance or resolution.
(6) Any BZA member or alternate may be removed for malfeasance, misfeasance, or
nonfeasance in office, or for other just cause, by the court which appointed them, after a
hearing held after at least 15 days’ notice.
4 Editor’s Note: This item is not currently provided in the County Code, but is required by the Code of Virginia.
5 Editor’s Note: Text for BZA appointment could incorporate Code of Virginia § 15.2-2308 by reference, rather than
expounding, if desired.
6 Editor’s Note: This section replaces Sections 35-845, 35-846, and 35-847 of the existing Ordinance, reorganizing and
modifying content for clarity. This section also includes reference to the Code of Virginia for compliance.
7 Editor’s Note: The membership of the BZA can be extended to include alternates that may stand in when regular
members will be absent. The County should consider if they desire adding this measure.
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Section 2-3-2. Powers and Duties.8
(A) Pursuant to the Code of Virginia § 15.2-2309, as amended, the BZA shall have the following
powers and duties after required notice and hearing as provided in the Code of Virginia § 15.2-
2204, as amended:
(1) Appeals. To hear and decide appeals from any order, requirement, decision, or determination
made by an administrative officer in the administration or enforcement of this Ordinance as
outlined in Article III, Division 10 of this Ordinance.
(2) Special Use Permits. To hear and decide applications for Special Use Permits, as outlined in
Article III, Division 4 of this Ordinance.
(3) Variance. To authorize upon appeal or original application in specific cases such variance, as
defined in the Code of Virginia § 15.2-2201, as amended, from the terms of this Ordinance
when the strict application of the Ordinance would unreasonably restrict the utilization of
the property, and such need for a variance would not be shared generally by other properties,
and if the applicant proves through a preponderance of evidence that a literal enforcement
of the provision will result in unnecessary hardship; provided that the spirit of the Ordinance
shall be observed and substantial justice done. Standards and procedures for determining
variances are outlined in Article III, Division 5 of this Ordinance.
(4) Boundary Interpretations. To hear and decide applications for interpretation of the Zoning
Map where there is any uncertainty as to the location of a district boundary, only if:
(i) The Administrator is unable to interpret boundaries, as outlined in Article I, Division 3, of
this Ordinance; or
(ii) If an applicant appeals the Administrator’s interpretation.
(iii) After notice to the owners of the property affected by any such question, and after public
hearing with notice as required by Code of Virginia § 15.2-2204, as amended, the BZA
may interpret the map in such way as to carry out the intent and the purpose of this
Ordinance for the section or district in question.
(B) The provisions of this section shall not be construed as granting the BZA the power to rezone
property, substantially change the locations of district boundaries as established by this
Ordinance, or to base decisions on the merits of the purpose and intent of local ordinances duly
adopted by the Board of Supervisors.
(C) The BZA may, within the limits of funds appropriated by the Board of Supervisors, employ or
contract for such secretaries, clerks, legal counsel, consultants, and other technical and clerical
services as the BZA may deem necessary for transaction of its business. These services may also
be provided by County staff with concurrence of the Board of Supervisors.
8 Editor’s Note: This section replaces Section 35-849 of the existing Ordinance. It incorporates some of the existing
text, which has been modified and reorganized for clarity. This section also includes reference to the Code of Virginia
for compliance.
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Section 2-3-3. Meetings and Procedures.9
(A) The BZA shall adopt such rules and regulations as it may consider necessary.
(B) Meetings of the BZA shall be held at the call of its Chairperson or at such time as a quorum of the
BZA may determine.
(C) A quorum shall be at least four members. A favorable vote of four members of the BZA shall be
necessary to reverse any order, requirement, decision, or determination of any administrative
official or to decide in favor of the applicant on any matter on which the BZA is required to pass.
(D) The BZA shall choose annually its own chairperson and vice-chairperson. The vice-chairperson
shall act in the absence of the chairperson and may administer oaths and compel the attendance
of witnesses.
(E) The BZA shall keep minutes of its proceedings, showing the vote of each member upon each
question or, if absent or failing to vote, indicating such fact. It shall keep records of its
examinations and other official actions, all of which shall be immediately filed in the office of the
BZA and shall be public record.
(F) All meetings of the BZA shall be open to the public.
(G) A non-legal staff member of the County, applicant, landowner, or landowner’s agent/attorney
may have ex parte communications with a member of the BZA prior to a hearing but may not
discuss the facts or law relative to a particular case. However, all ex parte communications must
comply with the requirements of the Code of Virginia § 15.2-2308.1, as amended.
(H) Pursuant to the Code of Virginia § 15.2-2287, as amended, members are required, prior to or at
a hearing on a matter, to make a full public disclosure of any business or financial relationship
that such member has or has had within the 12-month period prior to such hearing and shall be
ineligible to vote or participate in any way upon the matter.
Division 4. Enforcement.
Section 2-4-1. Authority.10
(A) As provided in Article I, In General, of this Ordinance, conformity with the Ordinance is required.
Failure to comply with the requirements of the Ordinance constitutes a violation thereof and is
declared to be unlawful.
(B) As authorized by the Code of Virginia § 15.2-2286(A)(4), as amended, the Administrator or
designee shall be responsible for enforcing the provisions of this Ordinance. The Administrator
may be assisted in the enforcement of this Ordinance by the local offices of the Virginia
9 Editor’s Note: This is a new section, added to establish meeting and procedural requirements for the Board of Zoning
Appeals and comply with the Code of Virginia. Notable additions are (G) addressing ex parte communications and (H)
addressing conflicts of interest.
10 Editor’s Note: This section replaces Section 35-811 of the existing Ordinance, providing additional information
regarding authority.
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Department of Health, Sheriff, and all other officials of Pittsylvania County pursuant to their
respective authorities and responsibilities.
(C) Any person who knowingly makes any false statements, representations, or certifications in any
record, report, or other document, either filed or requested pursuant to this Ordinance, or who
falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method
required or used by the Administrator under this Ordinance in monitoring discharges, shall be
guilty or liable of this Article.
Section 2-4-2. Complaints and Inspection.
(A) Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any person may
file a written complaint with the Administrator. Such complaint shall state fully the cause and
basis thereof and the location of the alleged violation. The Administrator or designee shall record
properly such complaint, immediately investigate the facts thereof, and take action as provided
by this Ordinance.11
(B) The Administrator may enter upon or inspect any land or structure to ensure compliance with
the provisions of this Ordinance, after requesting and receiving approval of the landowner to
enter upon land for these purposes. If consent is not given by the landowner, the Administrator
may enter upon land in accordance with the Code of Virginia § 15-2.2286(A)16, as amended.
Section 2-4-3. Notice of Violation.12
(A) Upon becoming aware of any violation of any provisions of this Ordinance, the Administrator shall
serve notice of such violation on the person committing or permitting the same.
(B) Notice of violation shall be mailed by registered or certified mail or hand delivered.
(C) The notice of violation shall state:
(1) The nature of the violation;
(2) Date that the violation was observed;
(3) The remedy or remedies necessary to correct the violation;
(4) A reasonable time period for the correction of the violation;
(5) A statement informing the recipient that they may have a right to appeal the notice of zoning
violation or written order within 30 days in accordance with the Code of Virginia § 15.2-2311,
as amended;
(6) The applicable appeal fee and a reference to where additional information may be obtained
regarding the filing of an appeal; and
(7) That the decision shall be final and unappealable if not appealed within 30 days.
11 Editor’s Note: This item contains streamlined text from Section 35-876 of the existing Ordinance.
12 Editor’s Note: This section streamlines text from Section 35-874 of the existing Ordinance and adds additional
information to address required contents of the notice of violation and appeals of notice of violation, as permitted by
the Code of Virginia.
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(D) Appeals of notice of violation shall be heard by the BZA in accordance with the procedures set
forth in Article III, Division 10 of this Ordinance.
Section 2-4-4. Remedies and Penalties for Violation.13
(A) Upon becoming aware of any violation and determining validity of any of the provisions of this
Ordinance, the Administrator or designee may initiate appropriate action or proceedings, as
permitted by law, including injunction, mandamus, abatement to restrain, correction, or
abatement.
The remedies provided in the penalties sections below are cumulative and not exclusive except
to the extent expressly provided therein.
(1) Criminal Penalties.
(i) Any violation of the requirements of this Ordinance resulting in injury to a person or
persons or where such civil penalties exceed $5,000, shall be a misdemeanor, and upon
conviction thereof, shall be punishable by a fine of not less than $10 and not more than
$1,000.
(ii) If the violation is uncorrected at the time of conviction, the court shall order the violator
to abate or remedy the violation in compliance with this Ordinance, within a time period
established by the court. Failure to remove or abate such violation within the time period
established by the court shall constitute a separate misdemeanor offense punishable by
a fine of not less than $10 nor more than $1,000, and any such failure during any
succeeding ten-day period shall constitute a separate misdemeanor offense for each ten-
day period, punishable by a fine of not less than $100 nor more than $1,500.
(2) Civil Penalties. Any violation other than as provided in Section 2-4-4 (B) (1), above, for criminal
penalties, shall be subject to the following civil penalties, as provided in Virginia Code § 15.2-
2209, as amended, and subject to the following:
(i) Procedure. Proceedings seeking civil penalties for violations of this Ordinance shall
commence either by filing a civil summons in the general district court or by the
Administrator or Agent issuing a ticket.
(ii) Civil summons or ticket. A civil summons or ticket shall contain, at a minimum, the
following information:
(a) Name and address of the person charged;
(b) Nature of the violation and the Ordinance provisions being allegedly violated;
(c) Location, date, and time violation occurred or was observed;
(d) Amount of the civil penalty for the violation; and
13 Editor’s Note: The existing Ordinance only provides for criminal penalties (misdemeanors). This section now includes
full detail establishing civil penalties as a first line of defense for violations of the Ordinance, as well as updated text
to incorporate applicable sections of the Code of Virginia. All penalty amounts are from the Code of Virginia.
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(e) Right of the recipient to elect to either pay the penalty or stand trial for the violation
and the date of such trial. The summons shall state that if the person elects to pay
the penalty, the person must do so by making an appearance in person or in writing
by mail to the County Treasurer at least 72 hours prior to the time and date fixed for
trial and, by such appearance, enters a waiver of trial and admits liability for the
offence changed. The summons shall provide that a signature is an admission of
liability that shall have the same force and effect as a judgement of the court.
However, such admission shall not be deemed a criminal conviction for any purpose.
(iii) Failure to Enter Waiver. If a person charged with a violation does not elect to enter a
waiver of trial and admit liability, the violation shall be tried in the general district court
in the same manner and with the same right of appeal as provided by law or equity and
it shall be the County’s burden to provide the violator’s liability by a preponderance of
the evidence. A finding of liability shall not be deemed a criminal conviction for any
purpose.
(iv) Fines.
(a) Amount of Civil Penalty. A civil violation shall be subject to a civil penalty of $200 for
the initial summons, and a civil penalty of $500 for each additional summons arising
from the same set of operative facts.
(b) Daily Offense. Each day during which a violation exists shall constitute a separate
violation. However, in no event shall a violation arising from the same set of operative
facts be charged more frequently than once in any 10-day period.
(c) Maximum Aggregate Penalty. The total civil penalties from a series of violations
arising from the same set of operative facts shall not exceed $5,000. If the violations
exceed the $5,000 limit, the violation may be prosecuted as a criminal misdemeanor
as outlined above.
Division 5. Fees.
Section 2-5-1. Fees and Charges.14
(A) The Board of Supervisors shall establish, by ordinance, a schedule of fees, charges and expenses,
and collection procedures for zoning permits, special exceptions, variances, appeals,
amendments, site plan reviews, and other matters pertaining to this Ordinance.
(B) The schedule of fees shall be available for inspection in the office of the Administrator and may
be altered or amended by the Board of Supervisors by ordinance amendment, as directed in Code
of Virginia § 15.2-107, as amended.
14 Editor’s Note: This section replaces Section 35-866 of the current Ordinance. As a best practice, it is recommended
that the existing administrative fee structure be removed from the Zoning Ordinance and a separate ordinance stating
all County fees, including those associated with zoning, be adopted. This allows ease of review and facilitation of public
hearings during annual budgeting processes.
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Division 6. Taxes and Expenses Paid.
Section 2-6-1. Delinquent Taxes and Charges.15
(A) Pursuant to the Code of Virginia § 15.2-2286 (B), as amended, prior to the initiation of an
application by the owner of the subject property, the owner’s agent, or any entity in which the
owner holds an ownership interest greater than 50 percent, for a special use permit, variance,
rezoning, or other land disturbing permit, including building permits and erosion and sediment
control permits, or prior to the issuance of final approval, the authorizing body may require the
applicant to produce satisfactory evidence that any delinquent real estate taxes, nuisance
charges, stormwater management utility fees, and any other charges that constitute a lien on the
subject property, that are owed to the locality and have been properly assessed against the
subject property, have been paid, unless otherwise authorized by the County Treasurer.
(B) Upon receipt of an application, together with supplementary materials and payment of the
application fee and provision of proof that all outstanding payments set forth this section have
been paid and satisfied. The Administrator may waive this requirement for reasons of health,
safety, or public welfare, provided that the applicant or owner has entered into a plan with the
County Treasurer to pay all delinquent taxes, fees, and charges as set by the Board of Supervisors.
15 Editor’s Note: This is proposed as a new section of the Ordinance. Code of Virginia § 15.2-2286 (B) is an optional
provision that allows the County to require a property owner to provide satisfactory evidence that any delinquent
charges or fees have been paid in full. It is recommended that Pittsylvania County incorporate this optional provision
as a best practice.
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ARTICLE III – Permits and Applications.
Division 1. In General.
Section 3-1-1. Preapplication Meeting.1
Prior to filing an application for a Special Use Permit, zoning text and/or map amendment (rezoning),
conditional zoning, or Site Development Plan, the developer may confer with the Administrator or
designee and such other agencies of the County and the Commonwealth as the Administrator deems
advisable concerning the general proposal. During this meeting the applicant may submit Concept
Plans for preliminary review, comment, and recommendation by the Administrator and other County
officials. Such action does not require formal application or a Site Development Plan and is not to be
construed as filing an application nor shall it be included in computing time limitations.
Section 3-1-2. Minimum Submission Standards.2
(A) The Administrator shall establish minimum standards for submission requirements of all
applications associated with the Zoning Ordinance. Applications shall contain all information
required to meet the minimum standards.
(B) Upon written request by an applicant, the Administrator may waive or modify a submission
requirement(s) upon a determination that the information is not necessary to evaluate the merits
of the application. Such waivers or modifications are for application requirements only and do not
include variances or modifications from district or use standards.
(C) Additional information may be required as deemed reasonably necessary by the Administrator.
(D) The Administrator may request electronic submission of applications and supporting documents in
addition to, or in lieu of physical submission of applications as outlined in this Article.
Section 3-1-3. Forms.3
Applications for amendments to the Ordinance or Official Zoning Map, site plans, variances, Special
Use Permits, Certificates of Occupancy, or zoning permits, and any other request requiring action shall
be made on forms provided by the County.
Section 3-1-4. Ownership Disclosure.4
An applicant must disclose all equitable ownership of the real estate included in an application. In the
case of corporate ownership, the name of stockholders, officers, and directors shall be provided, and
1 Editor’s Note: This section is proposed to replace existing Section 35-250 of the existing Ordinance. Text has been
modified for clarity and to include the option of a preapplication meeting for not only a site plan but for special use
permits, rezonings, and conditional zonings.
2 Editor’s Note: Proposed as a new section with new text.
3 Editor’s Note: Proposed as a new section with new text.
4 Editor’s Note: This is an optional provision of the Code of Virginia, and a general best practice recommended for
inclusion in the Ordinance.
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in any case the names and addresses of all real parties of interest in accordance with the Code of
Virginia § 15.2-2289, as amended.
Section 3-1-5. Oath Required.5
Applications for amendments to the Zoning Ordinance or Official Zoning Map, variances, or Special Use
Permits, shall be sworn to under oath before a notary public, or other official before whom oaths may
be taken.
Division 2. Zoning Text and Map Amendments.
Section 3-2-1. In General.6
Pursuant to the Code of Virginia § 15.2-2286 (7), as amended, whenever public necessity,
convenience, general welfare, or good zoning practice requires, the Board of Supervisors may, from
time to time, amend, supplement, or change by Ordinance the boundaries of the districts or the
regulations established in this Ordinance.
Section 3-2-2. Standards and Procedures.
(A) Initiation of change.7 Pursuant to the Code of Virginia § 15.2-2286 (7), as amended, any
amendment to this Ordinance or the Zoning Map may be initiated by:
(1) Resolution of the Board of Supervisors stating that the public necessity, convenience, general
welfare, and good zoning practice requires the amendment;
(2) Resolution or motion of the Planning Commission stating that the public necessity,
convenience, general welfare, and good zoning practice requires the amendment; or
(3) Application of the owner, contract purchaser with the owner’s written consent, or the owner’s
agent therefor, of the property which is the subject of the proposed Zoning Map amendment,
addressed to the Board of Supervisors or the Pittsylvania County Planning Commission, who
shall forward such application to the Board of Supervisors.
Upon initiation either by the Board of Supervisors or the Planning Commission, the proposed
amendment is automatically referred to the Planning Commission.
(B) Zoning Map Amendments. An application filed on forms provided by the County must be submitted
to the Administrator and must be accompanied by:
(1) Concept Plan. One original copy of an acceptable Concept Plan, printed on 11" x 17" paper, or
larger as may be required by the Administrator to evaluate the proposal, and one digital PDF
copy. The purpose of the Concept Plan is to depict graphically the concept or reasons for the
requested action relative to the Ordinance and its provisions. The Concept Plan may be
general and schematic and shall show:
5 Editor’s Note: Proposed as a new section with new text.
6 Editor’s Note: This section is proposed to replace Section 35-803 of the existing Ordinance.
7 Editor’s Note: Section 3-2-2(A) is proposed to replace Section 35-806 of the existing Ordinance. Text has been
updated and reorganized for clarity.
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(i) A certified plat of the subject property showing metes and bounds of all property lines,
existing streets, easements, and subdivisions – with reference to a record subdivision plat
or the County’s tax map.8
(ii) The names and addresses, as shown on the current real estate tax assessment books, of
property owners abutting the property or owners located across the road/street.
(iii) Topography as shown by contour lines with a contour interval not more than five feet.
(iv) Proposed land uses to be developed.
(v) The general layout, orientation, and information describing buildings and improvements,
including but not limited to parking, landscaping, fencing, signs, and trash enclosures,
height, setbacks, and restriction lines.
(vi) If any, the approximate total number, density, type, and price range of dwelling units and
the range of lot sizes for the various dwelling types.
(vii) If any, the general location of proposed open space and recreational areas.
(viii) If any, the general location and type of commercial uses to be developed.
(ix) The general location and character of the proposed roads, pedestrian circulation, trails,
public utility, and storm drainage systems.
(2) A statement on the proposed development schedule.
(3) A written analysis of the public facilities, roadway improvements, and public utilities that will
be required to serve the development.
(4) A written description of the nature and extent of the amendment desired together with an
explanation of the reasons for seeking a change.
(5) Concept Plans shall be drawn to scale and include a scale bar.9
(6) Additional studies, including but not limited to traffic impact analyses and environmental
studies, prepared at the applicant’s expense, as identified during the preapplication meeting
or as identified during the review of the application, to appropriately evaluate the proposal
and required public improvements.
(7) Any additional information as deemed reasonably necessary by the Administrator.
(8) The Administrator may require a full Site Development Plan in lieu of a Concept Plan if the
project is deemed complex and requiring additional detail for review.10
8 Editor’s Note: The existing Ordinance requires only a freehand sketch; proposed to require a certified plat for
accuracy and to ensure the County has accurate and correct information regarding dimensional standards and
locations of property lines.
9 Editor’s Note: This item was added based on staff comments after the December 20, 2022 worksession. Concept
Plans are currently being required to be scaled in practice; text therefore should be added to the Ordinance
reflecting this requirement.
10 Editor’s Note: This gives the County flexibility to require a full Site Development Plan if the application is too complex
to be reviewed appropriately based off a concept plan alone.
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(C) Zoning Text Amendments. The application for a text amendment to the Ordinance shall be filed
with the Administrator. If the application proposes a change in a zoning classification or map
boundaries, there shall be attached to the application:
(1) Items required in Section 3-2-2 (B), as shown above.
(2) A written description of the nature and extent of the amendment desired together with an
explanation of the reasons for seeking a change.
(D) Standards for Review.
(1) Once the application is submitted in accordance with Division 1 of this Article and has been
determined to be complete, the County shall evaluate the application and may request that
the applicant make revisions, as necessary.
(2) The application for a rezoning or zoning text amendment, once complete, shall be referred to
the Planning Commission for public hearing and recommendation. The Planning Commission
shall present their recommendation on the proposed ordinance or amendment, including the
district maps, to the Board of Supervisors for public hearing and action. No recommendation
or action shall be rendered until public notifications and hearings have been conducted in
accordance with Division 11 of this Article and the Code of Virginia.
(3) The Planning Commission shall advise the Board of Supervisors of their recommendation
within 100 days from its first meeting following referral. If after 100 days no recommendation
has been made, the governing body shall assume that the Planning Commission concurs with
the applicant and supports the amendment. The Board of Supervisors shall thereafter take
any action it deems appropriate, unless the applicant requests an extension11 for a defined
period not to exceed a total of 90 calendar days from the date of the public hearing.
(4) All motions, resolutions, or applications for amendment to the Ordinance and/or Zoning Map
shall be acted upon, and a decision made within such reasonable time as may be necessary,
which shall not exceed 12 months unless the applicant requests or consents to action beyond
such period or unless the applicant withdraws his motion, resolution, or application for
amendment to the Ordinance or map, or both; otherwise, the amendment shall be deemed
approved.12 In the event of a withdrawal by the applicant, processing of the motion,
resolution, or petition shall cease without further action as otherwise would be required for
the initial request.
(5) In determining what, if any, amendments to this Ordinance or the Zoning Map are to be
adopted, the governing body is not limited to, but may:
(i) Consider the proper relationship of such amendment to the entire zoning plan.
(ii) Consider the integrity and validity of the zoning districts described in this Ordinance.
11 Editor’s Note: This provision is a recommended best practice to allow more time if a complex case would benefit
from additional time. The County can extend the applicant-requested extension period if desired.
12 Editor’s Note: Section 35-807 of the existing Ordinance states that the Board of Supervisors has 60 days from the
time of public hearing to decide on the proposed zoning amendment. The Code of Virginia permits up to 12 months
to decide a proposed zoning amendment.
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(iii) Avoid isolated, unplanned spot-zoning changes in the Zoning Map.
(iv) Recognize that a certain element of stability is desirable in land use controls, but
conditions and standards will change.
(v) Consider the right of all citizens to be treated reasonably.
(vi) Evaluate all changes based on the Comprehensive Plan and a comprehensive analysis of
community conditions.
(E) The Administrator shall cause the Zoning Map to be updated as frequently as necessary to ensure
that zoning data shown thereon are both accurate and current. Accordingly, all changes affecting
the Zoning Map that are approved by the Board of Supervisors shall be entered onto the official
Zoning Map within 60 days13 following the approval of such changes. After updating sections of the
Zoning Map, working prints of any updated section thereof upon which modifications have been
made shall be inserted into all sets of the Zoning Maps that are used for public viewing and
administration.
Section 3-2-3. Reconsiderations.
(A) If denied by the Board of Supervisors, then such application, or one substantially similar, shall not
be reconsidered sooner than 12 months after the previous denial.
(B) If withdrawn by the applicant, such application, or one substantially the same, shall not be
reconsidered within 6 months from the date the original application has been withdrawn.
(C) The limits on reconsideration shall not impair the right of either the Planning Commission or the
Board of Supervisors to propose any amendment to this Ordinance on their motion at any time.
Division 3. Conditional Zoning and Proffers.
Section 3-3-1. Purpose and Intent.
Conditional zoning provides a method for permitting the reasonable and orderly development of land
through zoning map amendment with reasonable conditions governing the use and development of
such property. As authorized under the Code of Virginia §§ 15.2-2296 through 15.2-2303.4, as
amended, reasonable conditions may be voluntarily proffered for the protection of the community
when combined with existing Zoning Ordinance district regulations. The exercise of authority shall not
be construed to limit or restrict powers otherwise granted nor to affect the validity of any Ordinance
adopted by the locality which would be valid without regard to this Division. In addition, the provisions
of this Article shall not be used for the purpose of discrimination in housing.
13 Editor’s Note: This timeframe is a recommended best practice and adds clarity to this provision included in the
existing Ordinance.
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Section 3-3-2. Standards and Procedures.
(A) Proffer of Conditions; Standards of Consideration.14
(1) Any owner of property or their agent making an application for a change in zoning or zoning
map amendment may, as part of the application (outlined in Division 2 of this Article),
voluntarily proffer in writing reasonable conditions which shall apply to the subject property
in addition to the regulations provided by the zoning district sought in the rezoning
application. Any such proffered conditions must:
(i) Be made prior to any public hearing before the Board of Supervisors (including joint
public hearings with the Planning Commission);
(ii) Be in accordance with the procedures and standards contained in the Code of Virginia §
15.2-2297, as amended.
(2) Proffered conditions shall be subject to the following limitations:
(i) The rezoning itself must give rise to the need for the conditions.
(ii) The conditions shall have a reasonable relation to the rezoning.
(iii) The conditions shall not include a cash contribution to the County.15
(iv) The conditions shall conform to the Pittsylvania County Comprehensive Plan.
(v) The conditions must not include payment for, or construction of, off-site improvements
except those provided for in the Code of Virginia § 15.2-2241 and § 15.2-2303.4;
(vi) The conditions shall not include a requirement that the applicant create a property
owners’ association under the Property Owners’ Association Act (§ 55.1-1800 et seq.)
that includes an express further condition that members of a property owners’
association pay an assessment for the maintenance of public facilities owned in fee by a
public entity, including open space, parks, schools, fire departments and other public
facilities not otherwise provided for in the Code of Virginia § 15.2-2241; however, such
facilities shall not include sidewalks, special street signs or markers, or special street
lighting in public rights-of-way not maintained by the Department of Transportation; and,
(vii) The condition shall relate to the physical development or physical operation of the
property.
(3) At the time each proffer is submitted to the County, it shall be accompanied by a statement
signed by the applicant and the owner or their agents which states:16
14 Editor’s Note: Text from Sections 35-808 and 35-809 of the existing Ordinance is included in this subsection.
However, amendments have been made for clarity and organization, as well as to include correct reference to
applicable Code of Virginia sections.
15 Editor’s Note: The Code of Virginia does allow the acceptance of cash proffers. The County should consider if they
want to utilize this type of proffer.
16 Editor’s Note: This provision is not included in the current Ordinance but is being proposed for inclusion as a best
practice.
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(i) “Each proffer made in connection with this application for rezoning was made voluntarily
and complies with applicable law. No agent of the County has suggested or demanded a
proffer that is unreasonable under applicable law.”
(ii) “I hereby proffer that the development of the subject property of this application shall
be in strict accordance with the conditions set forth in this submission.”
(4) Each application for rezoning which proposes proffered conditions to be applied to the
property shall be accompanied by the following items beyond those required by conventional
rezoning requests:17
(i) An application for rezoning meeting the requirements of Section 3-2-2 (B) and listing and
detailing the nature and location of any proffered conditions and those proposed
circumstances that prompted the proffering of such conditions.
(ii) An impact analysis demonstrating justification of proposed proffers. The impact analysis
shall identify the impacts of the proposed activity or development, prepared at the
applicant’s expense, together with proposed conditions to mitigate those impacts. The
impact analysis must be based on current data and sound methodology and demonstrate
a nexus and rough proportionality between the condition and the impact.
(iii) A statement describing the nature of the proposed development and explaining the
relationship of the development to the Comprehensive Plan.
(iv) A statement setting forth a maximum number of dwelling units or lots proposed,
including density and open space calculations where applicable to any residential
development, or a statement describing the types of uses proposed and the approximate
square footage for each nonresidential development.
(v) A statement detailing any special amenities that are proposed.
(vi) A statement identifying any surrounding areas that have scenic assets or natural features
deserving of protection and preservation, with a statement of how protection and
maintenance will be accomplished.
(vii) A statement or visual presentation of how adjacent and neighboring properties shall be
protected from any adverse effects prompted by the proposed development. This
includes vehicular access plans, proposed screening and buffering, and any additional
setbacks for the periphery of the development.
(viii) A statement of the public improvements, both on and off site, that are proposed for
dedication and/or construction and an estimated schedule and responsibility for
providing such improvements.
(ix) A statement setting forth the proposed approximate development schedule.
17 Editor’s Note: This is being proposed as new text.
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Section 3-3-3. Amendments and Variations Prior to Final Decision.18
(A) The Board of Supervisors may accept amended proffers if they:
(1) Do not materially affect the overall proposal and are made voluntarily, and in writing, prior to
the deadline for preparation of the advertisement of the public hearing by the Board of
Supervisors on the rezoning request.
(2) If the Board of Supervisors determines that the amendment materially affects the overall
proposal, the application with the amended proffers shall be remanded back to the Planning
Commission for a public hearing and recommendation.
Section 3-3-4. Effect of Condition; Period of Validity.19
(A) All such conditions shall be in addition to the regulations provided for the underlying zoning district
by this Ordinance.
(B) Upon the approval of any such rezoning, all conditions so proffered and accepted by the Board of
Supervisors shall remain in full force and effect until amended or varied by the Board of
Supervisors.
(1) If the Board of Supervisors rezones the land as part of a new or substantially revised Zoning
Ordinance, such conditions shall continue in full force and effect automatically without notice
or filing.
Section 3-3-5. Record of Conditional Zoning.20
Each conditional rezoning shall be designated on the Zoning Map by an appropriate symbol designed
by the Administrator. In addition, the Administrator shall keep and maintain a conditional zoning index
which shall provide ready access to the ordinance creating such conditions, in addition to the
regulations provided for in the particular zoning district and which shall be available for public
inspection. The Administrator shall update the Index annually and no later than November 30 of each
year.
Section 3-3-6. Reconsiderations.21
(A) Applications requesting an amendment or change to the Zoning Map that includes proffered
conditions:
(1) If denied by the Board of Supervisors, then such application, or one substantially similar, shall
not be reconsidered sooner than 12 months after the previous denial.
(2) If withdrawn by the applicant, such application, or one substantially the same, shall not be
reconsidered within 6 months from the date the original application has been withdrawn.
18 Editor’s Note: Section 3-3-3 is proposed as a new section with new text.
19 Editor’s Note: This section integrates text from Section 35-309 of the existing Ordinance, modified slightly for clarity.
20 Editor’s Note: Section 3-3-5 is proposed to replace Section 35-810 of the existing Ordinance and incorporates new
text to add specificity to provide language from § 15.2-2300 of the Code of Virginia. The keeping of a zoning index is
also mentioned in Article I of the Ordinance.
21 Editor’s Note: Proposed as a new section with new text.
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(B) The limits on reconsideration shall not impair the right of either the Planning Commission or the
Board of Supervisors to propose any amendment to this Ordinance on their motion at any time.
Division 4. Special Use Permits.
Section 3-4-1. Purpose and Intent.22
(A) A use requiring a Special Use Permit is a use that may be appropriate in a zoning district, but
because of its nature, extent, or external effects, requires special consideration of its location,
design, and methods of operation before it can be deemed appropriate in the district and
compatible with its surroundings. The purpose of this division is to establish procedures and
standards for review and approval of Special Use Permits that provide for such special
consideration.
(B) The following will be met either by the proposal made in the application or by the proposal as
modified and amended and made part of the Special Use Permit:
(1) Conformity with Comprehensive Plan and policies. The proposal as submitted or as modified
shall conform to the Comprehensive Plan of the County or to specific elements of such plan
and to official policies adopted in relation thereto, including the purposes of this Ordinance.
(2) Impact on neighborhood or abutting properties. The proposal as submitted or as modified
shall not have undue adverse impact on abutting properties or the surrounding neighborhood.
Among matters to be considered in this connection are traffic congestion, noise, lights, dust,
odor, fumes, and vibration with due regard for timing of operation, screening, or other
matters that may be regulated to mitigate adverse impact.
Section 3-4-2. Applicability.23
In accordance with Code of Virginia § 15.2-2286, as amended, a Special Use Permit is required for the
development of any use designated in Article VI, Use Matrix, of this Ordinance, as a use requiring a
Special Use Permit in accordance with this section.
Section 3-4-3. Standards and Procedures.24
(A) In addition to the general application requirements supplied in Division 1 of this Article, the
applicant must provide information and data to:
(1) Demonstrate that the proposed use, when complemented with additional measures, if any,
will be in harmony with this Ordinance and with the purposes of the specific district in which
it will be placed;
22 Editor’s Note: Proposed as a new section with new text to explain the purpose of the Division’s regulations.
23 Editor’s Note: This is proposed as a new section to reference the Code of Virginia and the proposed Use Matrix in
Article VI.
24 Editor’s Note: The text proposed in this section is similar to the text found in Section 35-712 of the existing
Ordinance but is intended to more clearly reflect the Code of Virginia and holistically address applicant requirements.
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(2) Demonstrate that there will be no undue adverse impact on the surrounding neighborhood in
terms of public health, safety, or general welfare and show measures to be taken to achieve
such goals;
(3) Demonstrate that the use will not tend to create congestion in streets, roads, alleys, and other
areas; and
(4) Show that the proposal meets the applicable specific and general standards required by this
Ordinance.
(B) An application for a Special Use Permit filed on forms provided by the County must be submitted
to the Administrator and must be accompanied by:
(1) Concept Plan. One original copy of an acceptable Concept Plan, printed on 11" x 17" paper, or
larger as may be required by the Administrator to evaluate the proposal, and one digital PDF
copy. The purpose of the concept plan is to depict graphically the concept or reasons for the
requested action relative to the Zoning Ordinance and its provisions. The Concept Plan may
be general and schematic and shall show:25
(i) A certified plat of the subject property showing metes and bounds of all property lines,
existing streets, and subdivisions – with reference to a record subdivision plat or the
County’s tax map.26
(ii) The names and addresses, as shown on the current real estate tax assessment books, or
property owners abutting the property or owners located across the road/street.
(iii) Topography as shown by contour lines with a contour interval not more than five feet.
(iv) Proposed land uses to be developed.
(v) The general layout, orientation, and information describing buildings and improvements,
including but not limited to parking, landscaping, fencing, signs, and trash enclosures,
height, setbacks, and restriction lines.
(vi) If any, the approximate total number, density, type, and price range of dwelling units and
the range of lot sizes for the various dwelling types.
(vii) If any, the general location of proposed open space and recreational areas.
(viii) If any, the general location and type of commercial uses to be developed.
(ix) The general location and character of the proposed roads, pedestrian circulation, trails,
public utility, and storm drainage systems.
(2) A statement on the proposed development schedule.
25 Editor’s Note: Currently, a site development plan is required for both Special Use Permits and rezonings. Concept
Plans are allowed as an option the Administrator may grant. The removal of the Site Plan requirement at this phase
in the development process makes the process more business friendly, which was a desire raised in the community
engagement phase.
26 Editor’s Note: The existing Ordinance allowed a freehand sketch to be submitted; proposed to require a certified
plat to ensure the County has accurate and correct information regarding dimensional standards and locations of
property lines.
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(3) A written analysis of the public facilities, roadway improvements, and public utilities that will
be required to serve the development.
(4) Additional studies, including but not limited to traffic impact analyses and environmental
studies, prepared at the applicant’s expense, as identified during the preapplication meeting
or as identified during the review of the application, to appropriately evaluate the proposal
and required public improvements.
(5) Any additional information as deemed reasonably necessary by the Administrator.
(C) The Administrator may require a full site development plan in lieu of a concept plan if the project
is deemed complex and requiring additional detail for permit review.27
(D) Standards for Review.
(1) The Administrator shall review any application requesting a Special Use Permit for its
compliance with the provisions of this Ordinance.
(2) When it has been determined that the application is complete, the Administrator shall submit
the application to the Planning Commission, which shall hold a public hearing after notice as
outlined in Division 11 of this Article and make a recommendation to the Board of Zoning
Appeals (BZA) or appear at the hearing. Failure of the Planning Commission to report its
recommendation to the BZA within sixty (60) days after the first meeting of the Planning
Commission, after the application has been referred to the Planning Commission shall be
deemed recommendation of approval.28
(3) The application for Special Use Permit shall be referred to the BZA for public hearing and
action. No recommendation or action shall be rendered until public notifications and hearing
have been conducted in accordance with Division 11 of this Article and the Code of Virginia.
(4) The BZA may attach such conditions to its approval as it deems necessary to bring the plan of
development and operation into conformance with the purposes and standards of this
Ordinance.29
(i) Such conditions shall relate to the purposes of this Ordinance, including, but not limited
to:
1. The prevention of smoke, dust, noise, traffic congestion, flood and/or other hazardous
otherwise undesirable substance or condition;
2. The provisions of adequate police and fire protection;
3. Transportation, water, sewerage, drainage, recreation;
27 Editor’s Note: This gives the County flexibility to require a full site development plan if the application is too
complex to be reviewed appropriately based off a concept plan alone.
28 Editor’s Note: The current Ordinance includes language that states the Planning Commission may hold a public
hearing on Special Use Permits in accordance with the Code of Virginia. While permissible by state code, this
language has been removed to streamline the review and public hearing process for Special Use Permit applications.
29 Editor’s Note: This text is supplied from Section 35-714 of the existing Ordinance and has been reorganized and
edited for clarity and readability.
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4. Community design including lighting, landscaping and/or screening, buffering, parking,
and sign requirements;
5. The establishment of special requirements relating to front, side, and rear setbacks;
6. Property ingress and egress;
7. Construction materials and design;
8. Hours of operation; and
9. Outside storage of materials.
(ii) Any condition imposed under the authority of this Ordinance shall be deemed to be
essential to and not severable from the Special Use Permit itself.
(iii) Pursuant to Code of Virginia § 15.2-2309, as amended, the BZA may require a guarantee
or bond to ensure that the conditions imposed are being and will continue to be followed.
(5) If an applicant seeks both an amendment to the Ordinance and a Special Use Permit for the
same property, both applications may be made jointly and processed at the same time.
(E) Procedures for Approvals and Denials.30
(1) If the BZA approves the application for a Special Use Permit, the Administrator shall issue a
Special Use Permit indicating the special nature of the use and required conditions.
(2) If the BZA disapproves the application for a Special Use Permit, the BZA shall inform the
applicant of the decision in writing within sixty (60) days from the date of the public hearing,
stating the reasons for disapproval. The Administrator shall retain one (1) copy each of the
original application, any plans, and the refusal and keep them as a public record.
Section 3-4-4. Effect of Decision; Period of Validity.31
(A) A Special Use Permit authorizes only the particular use(s) and associated development that is
approved and shall not ensure approval for any other permit or development approval.
(B) A Special Use Permit, including any approved plans and conditions, shall run with the land, and
shall not be affected by a change in ownership, but shall expire as provided in (D) below.
(C) Unless otherwise specified in this Ordinance or specified as a condition of approval, the height
limits, yard spaces, lot area, sign requirements, and other specified standards shall be the same as
for other uses in the district in which the special use is located.
(D) A Special Use Permit shall expire upon the first to occur of the following:
(1) If the applicant does not obtain Site Development Plan approval or commence the use granted
by the Special Use Permit within eighteen months (or such longer time as the governing body
may approve) from the date of the approval;
30 Editor’s Note: This section incorporates existing language from Section 35-714 of the existing Ordinance, edited and
reorganized for clarity.
31 Editor’s Note: Section 3-4-4 incorporates some language from Sections 35-715 and 35-717 of the existing
Ordinance; this text has been edited and reorganized for clarity.
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(2) If an activity operating under an approved Special Use Permit ceases for a period greater than
two years; or
(3) Upon expiration of a Site Development Plan for the use granted by the Special Use Permit.
Section 3-4-5. Revocations.32
Any Special Use Permit previously issued pursuant to this Ordinance may be revoked by the
Administrator, after notice and hearing as provided in Division 11 of this Article and in accordance with
the Code of Virginia § 15.2-2204, as amended, if it is determined there has not been compliance with
the conditions of the Permit.
Section 3-4-6. Reconsiderations.33
(A) If the BZA denies the application for a zoning permit for a proposed Special Use Permit, then such
application, or one substantially similar, shall not be reconsidered sooner than 12 months after the
previous denial.
(B) If withdrawn by the applicant, such application, or one substantially the same, shall not be
reconsidered within 6 months from the date the original application has been withdrawn.34
Division 5. Variances.
Section 3-5-1. Purpose and Intent.35
Pursuant to the Code of Virginia § 15.2-2309, as amended, the purpose of a variance is to allow for a
reasonable deviation from the provisions of this Ordinance regulating the shape, size, or area of a lot
or parcel of land or the size, height, area, bulk, or location of a building or structure when the strict
application of the Ordinance would unreasonably restrict the utilization of the property, other relief or
remedy is not available, such need for a variance would not be shared generally by other properties,
and provided such variance is not contrary to the purpose of the Ordinance.
Section 3-5-2. Standards and Procedures.36
(A) Authority.37
32 Editor’s Note: This section is proposed to replace Section 35-717 of the existing Ordinance. Existing text has been
simplified and edited to include correct reference to the Code of Virginia.
33 Editor’s Note: This section is proposed as a new section but incorporates text from Section 35-714 of the existing
Ordinance.
34 Editor’s Note: Proposed text that provides a timeframe for applicant withdrawal of a Special Use Permit; the existing
Ordinance provides for no similar petitions within a 12-month period. The timeframes provided are consistent with
those for other applications.
35 Editor’s Note: Section 3-5-1 is proposed as a new section to explain the purpose of the Division’s regulations.
36 Editor’s Note: Section 3-5-2(4) and Section 3-5-2(5) have been proposed as new sections to reflect Code of Virginia
requirements regarding variances that pertain to individuals with a disability.
37 Editor’s Note: The text in this section is similar to text included in Section 35-849(2) of the existing Ordinance.
However, it has been rewritten for clarity, reorganized for readability, and updated to include correct reference to
the Code of Virginia.
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(1) Pursuant to the Code or Virginia § 15.2-2309 (2) and (6), as amended, the BZA is authorized
to review applications for a variance, if the applicant proves the burden and provides evidence
that the application meets the standard for a variance and the criteria set out in this
Ordinance.
(2) The BZA may approve, approve with conditions deemed necessary in the public interest,
including limiting the duration of a permit and requiring a guarantee or bond to ensure the
conditions will be complied with, or deny an application for a variance in accordance with the
procedures and standards of this Article.
(B) Standards for Review.38
(1) After application is made as required in Division 1 of this Article, the Zoning Administrator shall
review the application for compliance with this Ordinance.
(2) When it has been determined that the application is in proper form, the Administrator shall
submit the application to the BZA for a public hearing. No recommendation or action shall be
rendered until public notifications and hearing have been conducted in accordance with this
Division 11 of this Article and the Code of Virginia. The Administrator shall also transmit a copy
of the application to the local Planning Commission, which may send a recommendation to
the BZA or appear as a party at the hearing.
(3) Pursuant to the Code of Virginia §15.2-2309 (2), as amended, a variance shall be granted if
the evidence shows that the strict application of the terms of the Ordinance would
unreasonably restrict the utilization of the property or that the granting of the variance would
alleviate a hardship due to a physical condition relating to the property or its improvements
at the time of the effective date of the Ordinance, and:
(i) The property interest for which the variance is being requested was acquired in good
faith and any hardship was not created by the applicant for the variance;
(ii) The granting of the variance will not be of substantial detriment to adjacent property and
nearby properties in the proximity of that geographical area;
(iii) That such hardship is not shared generally by other properties and could be resolved with
an amendment to this Ordinance;
(iv) The granting of the variance does not result in a use that is not otherwise permitted on
such property or a change in the zoning classification of the property; and
(v) The relief or remedy sought by the variance application is not available through the
process for a special use permit that is authorized in the Ordinance pursuant to Code of
Virginia § 15.2-2309(6), as amended, at the time of the filing of the variance application.
(4) Any variance granted to provide a reasonable modification to a property or its improvements
requested by, or on behalf of, a person with a disability may expire when the person benefited
by it is no longer in need of the modification to such property or improvements provided by
38 Editor’s The text in this section is similar to text included in Section 35-849(2) of the existing Ordinance. However,
it has been rewritten for clarity, reorganized for readability, and updated to include correct reference to the Code of
Virginia, as well as Code of Virginia regulations requiring compliance with the Americans with Disabilities Act.
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the variance, subject to the provisions of state and federal fair housing laws, or the Americans
with Disabilities Act of 1990 (42 U.S.C. § 12131 et seq.), as applicable.
(5) If a request for a reasonable modification is made to a locality and is appropriate under the
provisions of state and federal fair housing laws, or the Americans with Disabilities Act of 1990
(42 U.S.C. § 12131 et seq.), as applicable, such request shall be granted by the locality unless
a variance from the BZA under this section is required in order for such request to be granted.
Section 3-5-3. Effect of Decision; Period of Validity.39
(A) Issuance of a variance shall authorize only the particular variance that is approved. A variance,
including any conditions, shall run with the land, and not be affected by a change in ownership.
(B) Use or development authorized by the variance shall not be carried out until the applicant has
secured all other permits required by this Ordinance or any other applicable Ordinances and
regulations of the County. A variance, in itself, shall not ensure that the development approved
through said permit shall receive subsequent approval for any other necessary applications for
permit or development approval.
(C) After the BZA has granted a variance, it shall become void after 12 months if no substantial
construction or change of use has taken place in accordance with the plans for which such variance
was granted, or if the BZA does not specify some longer period than one year for good cause shown.
Section 3-5-4. Reconsiderations40.
(A) Applications for a variance:
(1) If denied by the BZA, then such application, or one substantially similar, shall not be
reconsidered sooner than 12 months after the previous denial.
(2) If withdrawn by the applicant, such application, or one substantially the same, shall not be
reconsidered within 6 months from the date the original application has been withdrawn.
Division 6. Site Development Plans41.
Section 3-6-1. Purpose and Intent.42
(A) The purpose of this section is to encourage innovative and creative design; to facilitate the orderly
development of land in Pittsylvania County and to ensure that land be used in a manner which is
efficient and harmonious with surrounding property; in accordance with the provisions of this
Ordinance and with the Pittsylvania County Comprehensive Plan; and in the interest of the general
39 Editor’s Note: Section 3-5-3 is proposed as a new section to establish validity and expiration for issued variances.
40 Editor’s Note: Section 3-5-4 is proposed to replace Section 35-852 of the existing Ordinance. Text has been revised
and simplified for clarity.
41 Editor’s Note: Division 6 is proposed to replace Article 5, Division 4, “Site Development Plan” of the existing
Ordinance. The existing Ordinance’s various provisions for Site Development Plans have been incorporated in this
Division to reduce redundancy. Additional text is added and the process for review of site plans has been streamlined
and reorganized.
42 Editor’s Note: Section 3-6-1 is proposed to replace Section 35-741 of the existing Ordinance. Text has been reduced,
edited, and reorganized for clarity. Items (1) through (4) are proposed as new content.
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public health, safety, and welfare. More specifically, a Site Development Plan shall be used to
review:
(1) The project's compatibility with its environment and with other land uses and buildings
existing in the area;
(2) The ability of the project's traffic circulation system to provide for the convenient and safe
internal and external movement of vehicles and pedestrians;
(3) The quantity, quality, utility, and type of the project's required community facilities; and
(4) The location and adequacy of the project's landscape improvements and provision for
drainage and utilities.
Section 3-6-2. Applicability.
(A) General.43
(1) Pursuant to Code of Virginia, § 15.2-2286. A.8, as amended, all development in the County
requires approval of a Site Development Plan in accordance with the procedures and
standards in this Division prior to the issuance of a Building Permit or a Certificate of
Occupancy, or any land disturbance, with the following exceptions:44 45
(i) The construction or change in occupancy of any single-family dwelling on a tract or parcel
with no existing dwellings;
(ii) The construction or change in occupancy of a single-family dwelling on a tract or parcel
with one (1) existing dwelling;
(iii) The construction of a two-family dwelling on any tract or parcel with no existing
dwellings;
(iv) Any accessory structure or improvement to a single-family dwelling or two-family
dwelling;
(v) Subdivisions exempted by the county Subdivision Ordinance;
(vi) Off-street parking with less than 10 spaces;
(vii) Bona fide agricultural operations and the customary accessory uses and/or structures
associated with bona fide agricultural operations; and
(viii) Repairs of a general nature to existing buildings.
43 Editor’s Note: Text from Section 35-772 of the existing Ordinance is proposed for inclusion. However, text from
Section 35-742 has been omitted for streamlining purposes and to prevent conflicting text.
44 Editor’s Note: This section only includes exemptions from the Site Development Plan requirement for clarity. The
County should consider removing exemptions from this list, specifically (iii) and (iv) as a best practice.
45 Editor’s Note: Section 35-742 of the current Ordinance includes a list of uses required to submit a site development
plan and states that the Zoning Administrator has the discretion to require a site development plan for additional uses
not listed. As a best practice, the County should be requiring site development plans for all uses, with the exception
of uses exempt as included in Section 3-6-2(A). This eliminates questions of arbitrary or capricious decision making.
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(2) All previously approved Concept Plans must also submit a Site Development Plan for
administrative approval prior to any site development.
(3) When a change of use is proposed that requires additional off-street parking or changes to
exterior elements of a previously approved Site Development Plan, an amended Site
Development Plan shall be submitted for review to ensure that the change of use can be
accomplished within the regulations of this Ordinance.
(4) The Planning Commission, BZA, or the Administrator may waive the requirement for a Site
Development Plan in a particular case upon a finding that they have the authority to act and
after finding that the requirement of such plan would not forward the purposes of this
Ordinance or otherwise serve the public interest.
(5) Compliance with the provisions of this Article shall in no event be construed to relieve the
applicant of the duty of compliance with all other applicable provisions found elsewhere in
this Ordinance or in other County Ordinances.46
Section 3-6-3. Site Development Plan Specifications and Contents.47
(A) Site Development Plans, or any portion thereof, involving engineering, architecture, landscape
architecture, or land surveying, shall be prepared by persons professionally certified in the
Commonwealth of Virginia to do such work.
(B) Site Development Plans shall be prepared to the scale of 100 ft. per inch.
(C) Site Development Plans may be prepared on one or more sheets to clearly show the information
required by this Section and to facilitate the review and approval of the plan. If prepared on more
than one sheet, match lines shall clearly indicate where the several sheets join.
(D) When more than one sheet is required to cover the entire project, a cover sheet, general in nature,
shall be provided to identify all individual sheets of an application in proper relationship to each
other.
(E) Profiles must be submitted on plan sheets. Special studies as required may be submitted on
standard cross section paper and shall be an appropriate scale.
(F) All horizontal dimensions shown on Site Development Plans shall be in feet and decimals of a foot
to be closest to one tenth of a foot; and all bearings in degrees, minutes, and seconds to the nearest
ten seconds.
(G) When the development is to be constructed in stages or units, a final development schedule shall
be included with the Site Development Plan that shows the order of construction of such stages,
an approximate completion date for the construction of each stage, and a final cost estimate of all
improvements within each stage.
46 Editor’s Note: Items (4) and (5) are new and proposed to replace Section 35-772 of the existing Ordinance.
47 Editor’s Note: This section is proposed to replace Section 35-753 of the current Ordinance. New text has been
integrated for clarity and to ensure best practices are being met; current text has been edited and reorganized for
clarity.
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(H) The Site Development Plan shall show the following, unless the Administrator determines that
certain information is unnecessary due to the scope and nature of the development proposed:
(1) A title page containing the following:
(i) The project title, tax map reference, magisterial district, voting district, street address,
date of drawing, number of pages, and name of subdivision, if applicable;
(ii) The name, mailing address, and phone number of the applicant and property owner;
(iii) The name, mailing address, phone number, signature, seal, and registration number of
the plan preparer, and the preparation date of the plan;
(iv) A 3-inch by 5-inch area reserved for signatures and/or stamps of approving agencies
and/or authorities;
(v) The north point, scale, and a vicinity map showing adjacent roads, landmarks, streams,
bodies of water, railroads, subdivisions, to clearly identify the location;
(vi) A table (with computations) estimating the lot coverage ratio and impervious surface
ratio;
(vii) A table (with computations) stating the total number of dwelling, commercial, or
industrial units of various types in the project and the overall project density in dwelling,
commercial, or industrial units per gross acre; and
(viii) A table (with computations) to include the total site acreage included in the project, and
the amount and percentage of the site thereof proposed to be allocated to the several
dwelling types, any nonresidential uses, off-street parking, green areas, streets, parks,
schools, and other reservations.
(2) Plan sheets containing the following:
(i) A legend for all symbols shown on the plan;
(ii) Zoning, including overlay districts, of the parcels included within the project and of all
adjacent parcels;
(iii) The boundaries of the property or properties involved, all existing property lines, setback
lines, streets, buildings, easements, rights-of-way, watercourses, waterways, wetlands,
or lakes, and other existing physical features in or adjoining the project. If on an adjoining
property, physical features such as watercourses, waterways or lakes need only be shown
in approximate scale and proportion;
(iv) Any proposed parcel lines, easements, rights-of-way, and the locations, dimensions,
height, and setbacks for proposed buildings, structures, and other improvements;
(v) Proposed building use type, major excavations, and the total square footage of the floor
area by proposed use;
(vi) Topography of the project area with contour intervals of 2 ft. or less;
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(vii) The proposed traffic circulation pattern including the location and width of all access
points, roads, streets, alleys, driveways, pedestrian, cycling or bridle path systems, and
the relationship of internal traffic to external roads;
(viii) The estimated daily vehicular trips generated by the proposed development on each road
segment shown on the plan;
(ix) Typical roadway pavement and design section for all proposed streets, roads, and
driveways including curbs and gutters, and all curb cuts;
(x) The proposed and required off-street parking and loading areas, including parking and
access for the handicapped as specified in the Virginia Uniform Statewide Building Code,
as amended;
(xi) Proposed connections with existing sanitary sewers and existing water supply, or
locations of the alternate means of sewage disposal and water supply;
(xii) Detailed utility layout including water and sanitary sewer plan with profiles; locations of
electrical transmission lines, gas pipelines, street, lights, and fire hydrants; locations of
garbage and trash disposal facilities; location of standpipes for fire protection;
(xiii) A table estimating the daily public water usage and sewage flow attributable to the
proposed development in gallons per day, including the timing of any necessary
connections;
(xiv) Location and general design of outdoor lighting;
(xv) A landscape plan showing the location, dimensions, and material descriptions of all
existing and proposed screens, buffer yards, or landscaping. The plan shall include the
location, height, type, and material of all fences, walls, screen planting, and landscape
details of all buildings and grounds;
(xvi) The location of all trees existing on the site prior to construction with a caliper of 8 inches
or greater. The Site Development Plan shall show wooded areas which shall be
designated by symbols coincident with the area of trees and an indication of which trees
are to be retained and which are to be removed;
(xvii) Provisions for collecting and discharging surface drainage and other provisions for the
adequate control of storm water drainage and erosion and sedimentation, indicating all
proposed temporary and permanent control measures, and including drainage
calculations;
(xviii) The location and dimensions of proposed recreation areas, open spaces, recreation
facilities, and other amenities and improvements, including a statement of whether such
open areas are to be dedicated to the public;
(xix) The location of any grave, object, or structure marking a place of burial;
(xx) The location of any known historic building or feature;
(xxi) The approximate limit of any floodplain limits, any drainage district, or mapped dam
break inundation zone;
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(xxii) A plan or report indicating the extent, timing, and estimated cost of all off-site
improvements, such as roads, sewer, and drainage facilities deemed necessary to
construct the proposed development, and the extent, timing, and estimated cost of all
facilities deemed necessary to serve the development such as schools, libraries, and
police substations. This plan or report shall relate to the sequence of the development
schedule if the development is to be constructed in stages or units;
(xxiii) Documentation of all existing permits and applications relevant to the parcel, including,
but not limited to: Health Department permits for all wells and septic drain fields; all
existing Zoning Permits and zoning applications; applications for rezoning, Special Use
Permits, and zoning variances and evidence of all Wetlands Permits required by Federal,
State, and local laws and regulations applicable to the site, lot, or parcel;
(xxiv) A copy of all covenants, restrictions, and conditions pertaining to the use, maintenance,
and operation of all open space areas, and bylaws of a Homeowner’s Association if
applicable; and
(xxv) Any additional information as required by the Administrator necessary to evaluate the
character and impact of the proposed project.
Section 3-6-4. Standards and Improvements.48
(A) Improvements Required. All improvements required by this Ordinance shall be installed at the cost
of the developer and in accordance with design and construction standards of Pittsylvania County.
(B) Specifications. In cases where specifications have been established either by the Board of
Supervisors of Pittsylvania County, the Virginia Department of Transportation for construction of
streets, etc., or this Ordinance for related facilities and utilities, such specifications shall be
followed. The most restrictive specifications will prevail.
(C) Performance Bond. After a Site Development Plan has been approved, and before any construction
or land disturbance can occur, the developer shall furnish to the County an irrevocable letter of
credit, cash escrow, or bonds (collectively referred to as “performance bond”) from a certified
Virginia Lending Institution by corporate surety in a form and amount sufficient to guarantee the
completion of the construction of such facilities or all required improvements.
(1) The cost of required improvements shall be determined by a bona fide estimate of
construction cost prepared by a duly licensed engineer and such estimate shall be provided at
the expense of the developer.
(2) The amount of the performance bond or other guarantee shall be 110% of the estimated
construction cost.
(3) In the event the Administrator has rejected any such agreement or bond, the owners or
developer shall have the right to have such determination made by the Board of Supervisors.
48 Editor’s Note: This is a new section with new text.
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(4) If such performance bond contains an expiration date, provisions shall be made for the
extension thereof if all improvements have not been completed 30 days prior to the expiration
date.
(5) The performance bond or other appropriate security shall not be released until construction
has been inspected and accepted by the Administrator and by the Virginia Department of
Transportation or other local or state department, where appropriate.
(D) Standards and Improvements. In addition to those improvements and standards specified in other
sections of this Ordinance, the following minimum standards and improvements shall also be
required for all Site Development Plans:
(1) Adequate easements shall be provided for drainage and all utilities. Where easements do not
follow the established lot lines, the nearest edge of any easement shall be a minimum of 5
feet from any building.
(2) The developer shall provide for all utilities and services required, to include both on-site and
off-site improvements. The determination of the exact improvements required, i.e., size of
lines and capacities, is to be established by the developer in conference with the County agent
acting on the advice of appropriate officials, authorities, departments, and/or consultants
having expertise on the subject.
(3) Tests and/or other methods of soil evaluation deemed necessary by the Virginia Department
of Health wherever required shall be the responsibility of the developer.
(4) Utilities shall include but not be limited to electric, gas, water, sewer, storm drainage,
telephones, broadband, and/or cable television.
(5) Adequate fire hydrants, with assurance of adequate water supply and distribution systems,
will be provided by the developer. Fire hydrants will be provided in the total area to be planned
and in such locations as are approved by the Planning Commission or its designated agent.
(6) All landscaping, streets, parking, and other standards must be designed in compliance with
Article VIII, Community Design Standards, of this Ordinance.
(E) Supervision and Inspections. It shall be the responsibility of the developer to provide adequate
supervision and inspections on the site during the installation of all required improvements, and to
have a responsible supervisor together with one set of approved plans, profiles, and specifications
at the site at all times when work is being performed.
(F) Acceptance of Improvements. The approval of the Site Development Plan or the installation of the
improvements as required in this Ordinance shall in no case serve to bind the County to accept
such improvements for maintenance, repair, or operation thereof. Such acceptance of each type
of improvements shall be subject to the County and/or State regulations.
Section 3-6-5. Review.
(A) Administrative Review. Site Development Plans required under Section 3-6-2 are subject to
administrative approval by the Administrator.
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(1) The Administrator is responsible for the review, processing, and the requesting of additional
agency and consultant reports relative to a Site Development Plan which has been submitted.
(2) Developers are encouraged to discuss the proposals contained in the Site Development Plan
as submitted with the staff officials of Pittsylvania County prior to official request for approval
of that plan.
(B) Site Development Plan Review Process. Unless otherwise provided in another Article of this
Ordinance, 8 paper copies of the Site Development Plan shall be provided to the Administrator
who shall take the following actions:49
(1) Review the Site Development Plan for completeness. If deemed incomplete or having
insufficient information for review, the application will be refused and returned to the
applicant with a written list of deficiencies.
(2) Site Development Plans will be provided to other relevant County departments and reviewing
agencies for written comment.
(3) A Site Development Plan for a particular development stage or unit other than the first, shall
not be approved until the Site Development Plan has been approved for the immediately
preceding stage or unit.
(4) The Administrator shall notify the applicant of the action taken with respect to the Site
Development Plan, which may include approval or disapproval.
(C) Time Period for Approval.50
(1) Pursuant to Code of Virginia, § 15.2-2259, as amended, Site Development Plans shall be
approved or disapproved within 60 days after it has been officially submitted for approval or,
if state agency review is required, within 35 days of receipt of approvals from all reviewing
agencies. If disapproved, the reasons for disapproval shall be identified by reference to
specific duly adopted Ordinances, regulations, or policies and shall identify, to the greatest
extent practicable, modifications or corrections that will permit approval of the plan.
(2) Pursuant to Code of Virginia, § 15.2-2259, as amended, a Site Development Plan that has
previously been disapproved but has been modified, corrected, and resubmitted shall be
acted on within 45 days of resubmission.
49 Editor’s Note: Currently, the Planning Commission reviews and issues approval of a site development plan. This
process is proposed to be completely administrative in nature, as the Planning Commission and Board of Supervisors
review and approve the concept plan as part of zoning permit issuance.
50 Editor’s Note: Sections 35-751 and 35-854 give Planning Commission 45 days to review a site development plan.
This timeframe is more stringent than what is provided for in the Code of Virginia; text has been updated to include
reference to the Code of Virginia as well as allow for the full 60-day review period.
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Section 3-6-6. Amendment of Site Development Plans.51
(A) If it becomes necessary for an approved Site Development Plan to be changed, the Administrator
may, at the applicant’s request, administratively approve a minor amendment to the Site
Development Plan if the change or amendment does not:
(1) Alter a recorded plat.
(2) Conflict with the specific requirements of this Article.
(3) Change the general character or content of an approved development plan or use.
(4) Have an appreciable effect on adjoining or surrounding property.
(5) Result in any substantial change of major external access points.
(6) Increase the approved number of dwelling units or other buildings or height of buildings.
(7) Decrease the minimum specified yards and open spaces or minimum or maximum specified
parking and loading spaces required by Ordinance.
(8) Amendments not in accordance with (1) through (7) of this Section shall be considered as new
site development plans and submitted under Section 3-6-3 of this Article.
(B) All submittal procedures outlined in Section 3-6-3 (A) through (I) shall be met for submissions of
revised Site Development Plans.
(1) Insufficient submittals may be returned to the applicant with written notification of
deficiencies from the Administrator.
(C) The Administrator shall review the plans for compliance with applicable development regulations
and approved Concept Plans and issue final approval or denial within 45 days. The Administrator
shall provide a set of all submittals to relevant agencies or departments for their review and written
comments.
(D) If the Administrator fails to act on a request for a minor amendment to a Site Development Plan
within 45 calendar days, it shall be considered approved.
(E) Upon final approval of the revised site development plan by the Administrator, the Administrator
shall transmit an approved set of plans to the authorized project agent and retain one copy of any
correspondence and plans for County record.
Section 3-6-7. Compliance with Approved Site Development Plan Required.
(A) It shall be unlawful for any person to construct, erect, or substantially alter any building or
structure, or develop, change, or improve land for which a Site Development Plan is required,
except in accordance with an approved Site Development Plan. Deviation from an approved Site
Development Plan without the written approval of the Administrator shall void the Site
Development Plan and require submission of a new Site Development Plan for approval.
51 Editor’s Note: This Section is proposed to consolidate and replace Sections 35-766, 35-767, 35-768, 35-769, and 35-
770 from the existing Ordinance. Text has been refined and reorganized with some new text included for readability
and clarity.
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(B) No permit shall be issued for any structure in any area covered by the Site Development Plan that
is required under the provisions of this Article except in conformity with such Site Development
Plan which has been duly approved.
(C) The Building Official shall be responsible for enforcing the requirements as set forth in the final
approved Site Development Plan before issuing a certificate of occupancy and shall give written
notice to the Administrator that the Site Development Plan has been completed before issuing the
Certificate of Occupancy.
(D) Upon the satisfactory completion of the installation of all required improvements shown on the
approved Site Development Plan, the developer shall submit to the Building Official and
Administrator one copy each of the completed As-Built Plans, which shall include specifications for
all improvements, including roadways, utilities, permanent drainage and storm-water
management facilities, water and sewer facilities, and fire hydrants.52 The As-Built Plans shall be
submitted at least one week prior to the anticipated receipt of the certificate of occupancy for the
review and approval by the County agent for conformity with the approved Site Development Plan
and the ordinances and regulations of the County and State agencies.
(E) Where structures are completed and ready for occupancy prior to the completion of all
improvements required by the Site Development Plan, the owner may provide bond with surety
adequate to guarantee the completion of Site Development Plan, as outlined in Section 3-6-6
above, and upon providing of such bond with surety as agreed upon by the Administrator, a permit
may be issued for the occupancy of those structures already completed.
Section 3-6-8. Period of Validity.53
(A) In accordance with Code of Virginia, § 15.2-2261, as amended, approval of a Site Development Plan
submitted under the provisions of this Article shall expire 5 years after the date of such approval
unless building permits have been obtained for construction in accordance therewith.
(B) The application for and approval of minor modifications to an approved Site Development Plan
shall not extend the period of validity of such plan and the original approval date shall remain the
controlling date for purposes of determining validity.
52 Editor’s Note: Section 35-771 of the existing Ordinance.
53 Editor’s Note: This Section is proposed to replace Sections 35-765, 35-769, and 35-780 of the existing Ordinance.
The existing Ordinance currently states that approval of a site development plan expires after eighteen months of
approval unless actual construction has commenced; however, the time frame has been extended to five years to
comply with the Code of Virginia.
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Division 7. Zoning Permits.
Section 3-7-1. Applicability.54
(A) No buildings or other structures shall be started, reconstructed, enlarged, or altered without the
owner or owners first obtaining a permit issued by the Administrator verifying that the building,
structure, or use complies with the requirements of this Ordinance.55
(B) No such permit shall be issued for a building, structure, or use unless it complies with the provisions
of this Ordinance, or a Special Use Permit, variance, or written order from an appeal has been
approved as provided by this Ordinance.
Section 3-7-2. Standards and Procedures.56
(A) The Administrator shall review each application for a Zoning Permit to ensure that the building,
structure, or use proposed is in accordance with the terms of this Ordinance.
(B) The following shall be submitted to the Administrator for review:
(1) Site Development Plans shall be submitted as required in Division 6 of this Article.
(2) When Site Development Plans are not required, each Zoning Permit application shall be
accompanied by one copy of the most recent plat of record of the land to be built upon. If no
such plat exists, the applicant shall provide a copy of the most recent deed description thereof,
along with a survey when the property has not ever been surveyed, with dimensions, that
shows:
(i) Lot lines;
(ii) Location of buildings on the lot including setback measurements from each property
boundary;
(iii) Suitable notations indicating the proposed use of all land and buildings;
(iv) Points of connection to public water and sewer and/or location of wells and septic
systems and reserve drainfields;
(v) The proposed nature and manner of grading the site, including proposed treatment of
slopes more than 10% to prevent soil erosion and excessive runoff. In cases where an
erosion and sedimentation control permit is required, the necessary plans and data shall
be submitted as required in Chapter 4, Article 2 of the Pittsylvania County Code.
(vi) Delineation of all floodplain limits;
54 Editor’s Note: Section 35-51 of the current Ordinance includes a list of uses exempt from a zoning permit. This list
is proposed for inclusion in Article VI, Use Matrix.
55 Editor’s Note: This text is included in Section 35-700 of the current Ordinance. It has been proposed for inclusion in
this section and has been amended and revised for clarity.
56 Editor’s Note: The current Zoning Ordinance does not provide standards and procedures related to application for
Zoning Permits. The text proposed for incorporation is based on general best practice and intended to ensure that
other applicable standards, such as those included in Article 4, Buildings of the Pittsylvania County Code, are met as
necessary.
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(vii) Delineation of any overlay areas as defined in Article V, Overlay Districts;
(viii) Such other information as may be necessary to provide for the enforcement of these
regulations; and
(ix) A statement signed by the applicant which states:57
a. “The information given is correct to the best of my/our knowledge, including
any attached plans, drawings, or supplemental information; and I/we accept
liability for any land disturbance or construction that is in violation of the
Pittsylvania County Zoning Ordinance and the Pittsylvania County Subdivision
Ordinance.”
(C) If the proposed building or use is in conformity with the provisions of this Ordinance, a permit shall
be issued to the applicant by the Administrator.
(D) A Zoning Permit in itself shall not ensure that the development approved through said permit shall
receive subsequent approval for any other necessary permits or development approvals as
otherwise required.58
Division 8. Certificates of Occupancy.59
Section 3-8-1. Applicability.
It shall be unlawful to use or permit the use of any building or premises, or part thereof; hereafter
created, converted, enlarged, or otherwise altered; wholly or partly in its use or structure, until the
issuance of a Certificate of Occupancy by the Building Official.
Section 3-8-2. Standards and Procedures.
(A) Such certificate shall show that such building, premises, or part thereof, and the proposed use
thereof is in conformity with the provisions of this Ordinance, provided the following standards are
met in full:
(1) All structures are fully completed and ready for occupancy prior to the completion of any
improvements required by the original permits and any required Site Development Plan;
(2) The Building Official has determined that the site may be occupied consistently with the
overall public health, safety, and welfare; and
(3) Improvements deemed directly related to health and safety have been installed and are
operational.
(B) The owner or applicant may provide bond with surety adequate to guarantee the completion by
time certain of such Site Development Plan improvements as related to the building for which the
57 Editor’s Note: This is a recommended best practice that requires the applicant to state that any and all information
provided in the process of obtaining a Zoning Permit is accurate.
58 Editor’s Note: This text has been proposed for inclusion in order to better clarify that just because a zoning permit
has been issued does not guarantee subsequent or automatic approval for other necessary permits.
59 Editor’s Note: This section is proposed to replace Section 35-703 of the existing Ordinance. The text included from
existing Section 35-703 has been reorganized and lightly edited for readability.
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permit is sought, and upon the providing of such bond with surety and approval by the
Administrator, a permit may be issued for the occupancy of those structures already completed.
(1) Improvements deemed directly related to health and safety shall not be bonded.
(2) The County may accept a cashier’s check in lieu of a corporate surety. Such cashier’s check
shall be made payable to the Pittsylvania County Board of Supervisors and may be placed in
an escrow account whereby the developer may draw interest. If a cashier’s check is provided
as a performance bond, there shall be a reasonable fee paid by the developer for cost incurred
by the County to perform necessary work involved.
Division 9. Written Determinations.60
Section 3-9-1. Intent.
In administering, interpreting, and enforcing this Ordinance, the Administrator shall provide a written
response to persons who have filed a specific request in writing for a decision or determination on
zoning matters within the scope of the Administrator’s authority.
Section 3-9-2. Standards and Procedures.
(A) The Administrator’s response shall be provided within 90 days of the date of the request unless
the requestor agrees to a longer period.
(B) When the requestor is not the owner or the owner’s agent of the property subject to the request,
the Administrator in accordance with the Code of Virginia § 15.2-2204 (H), as amended, shall
provide written notice within 10 days of receipt of the request to the owner of the property at the
owner’s last known address as shown on the County’s real estate assessment records.
(C) The Administrator’s written decision or determination shall include a statement informing the
recipient of the right to appeal the decision as provided in Division 9 of this Article.
Division 10. Appeals.61
Section 3-10-1. Appeals of Zoning Administrator Determinations and Decisions.62
(A) Pursuant to the Code of Virginia § 15.2-2311, as amended, appeal to the BZA may be taken by any
person aggrieved or by any officer, department board or bureau of the County affected by any
decision of the Administrator or from any order, requirement, decision, or determination made by
any other administrative officer in the administration or enforcement of this Ordinance.
60 Editor’s Note: This Division proposes all new text; the existing ordinance mentions various determinations but does
not provide procedures or general standards for a written determination from the Zoning Administrator. This
proposed language conforms with the Code of Virginia.
61 Editor’s Note: The existing Ordinance provides for appeals and variances together. This Division is proposed to focus
solely on appeals, including their processes and procedures.
62 Editor’s Note: Section 3-10-1 is proposed to replace Section 35-850 of the current Ordinance. The text has been
reorganized for readability and edited to include reference to the pertinent Code of Virginia section.
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(B) Such appeal shall be taken within thirty (30) days after the decision appealed from by filing with
the Administrator and with the BZA, a notice of appeal specifying the grounds thereof. The
Administrator shall forthwith transmit to the BZA all the papers constituting the record upon which
the action appealed from was taken.
(C) A decision or interpretation of the Administrator shall be presumed correct and may not be
reversed or modified unless there is evidence in the record that the decision is not correct, based
on the relevant procedures and review standards of this Ordinance.
Section 3-10-2. Appeals to Board of Zoning Appeals Procedure.63
(A) Pursuant to the Code of Virginia § 15.2-2312, as amended, procedures for submitting an appeal
shall be as follows:
(1) Mailing Procedure. Appeals shall be mailed from the applicant seeking appeal to the BZA in
care of the Administrator, and a copy of the appeal shall be mailed to the secretary of the
Planning Commission. A third copy should be mailed to the individual, official, department, or
agency concerned, if any.
(2) Hearing. The BZA shall fix a reasonable time for the hearing of an application or appeal, give
public notice as outlined in Division 11 of this Article as well as due notice to the parties in
interest, and decide the same within ninety (90) days of filing of the appeal.64
(3) Decisions. In exercising its powers, the BZA may reverse or affirm, wholly or partly, or may
modify the order, requirement, decision, or determination appealed from. The concurring
vote of four (4) members shall be necessary to reverse any order, requirement, decision, or
determination of an administrative officer or to decide in favor of the applicant on any matter
upon which is being heard In any appeal, if a BZA’s attempt to reach a decision results in a tie
vote, the matter may be carried over until the next scheduled meeting at the request of the
person filing the appeal.65
Section 3-10-3. Appeals of Board of Zoning Appeals, Planning Commission, or
Board of Supervisors.66
(A) Pursuant to the Code of Virginia § 15.2-2314, and §15.2-2285, as amended, any person or persons
jointly or severally aggrieved by any decision of the BZA, Planning Commission, or Board of
Supervisors, or any taxpayer or any officer, department, board, or bureau of the County, may
appeal the decision to the Circuit Court of Pittsylvania County.
63 Editor’s Note: Section 3-10-2 is a new section, proposed to incorporate text from Section 35-852 from the current
Ordinance as relevant. However, new text has been proposed for addition to clarify mailing procedure, as well as to
reference the pertinent Code of Virginia section.
64 Editor’s Note: The existing Ordinance provides that the BZA has 60 days to reach its decision; the Code of Virginia
allows for 90 days, and the text has been updated to reflect that timeframe.
65 Editor’s Note: New text has been proposed to address procedures in the event of a tie vote among the BZA.
66 Editor’s Note: This section is proposed to replace Section 35-853 of the existing Ordinance. Existing text has been
reorganized and edited lightly for clarity, as well as amended to include correct reference to pertinent sections of the
Code of Virginia.
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(B) An application specifying the grounds on which the applicant is aggrieved must be submitted 30
days after the filing of the decision in the office of the BZA.
Section 3-10-4. Construction in Violation of Ordinance without Appeal to BZA.67
(A) Pursuant to the Code of Virginia § 15.2-2313, as amended, construction of a building with a valid
building permit deemed in violation of this Ordinance may be prevented, restrained, corrected, or
abated by suit filed within 15 days after the start of construction by a person who had no actual
notice of the issuance of the permit.
(B) The court may hear and determine the issues raised in the litigation even though no appeal was
taken from the decision of the Administrator to the BZA.
Section 3-10-5. Stay of Proceedings.68
An appeal shall stay all proceedings in furtherance of the action appealed from unless the Administrator
certifies to the BZA that by reason of facts stated in the certificate, a stay would, in their opinion, cause
imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a
restraining order granted by the BZA or by a court of record, on application and on notice to the
Administrator and for good cause shown.
Division 11. Public Hearings and Notifications.
Section 3-11-1. Public Hearing Required.69
(A) In accordance with the Code of Virginia § 15.2-2204, as amended, the Planning Commission shall
not recommend, nor shall the Board of Supervisors adopt or approve any plan, ordinance,
amendment, nor shall the BZA approve any variance or Special Use, until it has held a duly
advertised public hearing. Advertising and notice procedures shall be conducted according to the
procedures under the Code of Virginia § 15.2-2204, as amended, as outlined in this Division.
(B) The Planning Commission and Board of Supervisors may hold a joint public hearing after public
notice as set forth herein, and if such joint hearing is held, public notice as set forth below need be
given only by the Board of Supervisors.
(C) No land may be zoned to a more intensive use classification than was contained in the public notice
without an additional public hearing after notice pursuant to the Code of Virginia § 15.2-2204, as
amended.
67 Editor’s Note: New section proposed for inclusion in the Ordinance. The purpose of this section is to incorporate
the provisions of Code of Virginia § 15.2-2313. This addition is a recommendation from the Diagnostic Report.
68 Editor’s Note: New section proposed for inclusion in the Ordinance. It incorporates some text from Section 35-850
of the current Ordinance.
69 Editor’s Note: This proposed section intends to replace existing sections 35-807 and 35-812 and incorporate more
explicit language from the Code of Virginia for clarity. Additionally, (B) and (C) are not included in the current
Ordinance but are proposed for inclusion as they are permissible by § 15.2-2204.
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Section 3-11-2. Advertisement and Mailings.70
(A) The notice for each proposal shall provide:
(1) A descriptive summary of the application;71
(i) In the case of a proposed amendment to the Zoning Map (rezoning), the public notice
shall state the general usage and density range of the proposed amendment and the
general usage and density range, if any, set forth in the applicable part of the
Comprehensive Plan.
(2) The location of the property, if applicable;
(3) Where copies of the proposal may be examined; and
(4) The time and place of any hearing at which persons affected may appear and present their
views.
(B) Notice of public hearings shall also be published once a week for two successive weeks in some
newspaper published or having general circulation in the County.
(1) The term “two successive weeks" means that such notice shall be published at least twice in
such newspaper, with not less than six days elapsing between the first and second publication.
(2) The hearing shall be held not less than five days nor more than 21 days after the second
advertisement shall appear in such newspaper.
(C) In accordance with Code of Virginia § 15.2-2206, as amended, property owner notification shall be
sent by the Department of Community Development.
(1) The developer/applicant shall provide the Department of Community Development with a list
of tax map numbers, names, and mailing addresses including zip codes for all adjoining
property owners as part of the application submission, which the County shall confirm is
current at the time of public hearing.72
(2) Notifications must be mailed to:
(i) The owner, owners, or their agent of the subject property;
(ii) Persons owning any adjacent property, including property across any road, railroad right-
of-way or body of water;
70 Editor’s Note: This section is a new addition proposed for the Zoning Ordinance. The existing Ordinance complies
with notice requirements in Code of Virginia through incorporating reference to § 15.2-2204. However, as a best
practice and to increase clarity among the public, it is recommended to integrate some of the text from the Code of
Virginia § 15.2-2204 and § 15.2-2206.
71 Editor’s Note: While the Code of Virginia § 15.2-2204(A) does not explicitly detail what a descriptive summary shall
entail, the included text outlines what are generally accepted best practices to satisfy the requirement of a descriptive
summary.
72 Editor’s Note: This is currently being done in practice, but new text has been added to formalize the process and
aid in administration. The County should be confirming the accuracy of submitted adjoining property owner
information as a legal safeguard.
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(iii) A locality’s chief administrative officer or their designee when the subject property is
located within 0.5 mile of the boundary of the adjoining locality at least 10 days prior to
the hearing;
(iv) The commander of the applicable military operation when the subject property is located
within 3,000 feet of the boundary of a military base, installation or airport, excluding
armories operation by the Virginia National Guard, at least 30 days prior to the hearing;
(v) The owner of a public use airport when the subject property is located within 3,000 feet
of such airport at least 30 days prior to the hearing;
(vi) For rezonings, the incorporated property owners’ association within a planned
development where the subject property is located within the planned development and
the association’s members also own property in the planned development that is located
within 2,000 feet of any portion of the subject property; and
(vii) In lieu of each individual unit owner, the unit owners’ association or proprietary lessee’s
association when the property adjacent to the subject property is a condominium or
cooperative, respectively.
(D) The following exceptions shall apply to property owner notification requirements, as outlined in
this section:
(1) When a proposed amendment to the Ordinance involves a tract of land not less than 500 acres
owned by the Commonwealth of Virginia or by the federal government, and when the
proposed change affects only a portion of the larger tract, notice need be given only to the
owners of those properties that are adjacent to the affected area of the larger tract.
(2) For Zoning Map amendments impacting more than 25 parcels or Ordinance amendments that
decrease residential density:
(i) Adjacent property owner notification is not required.
(ii) Owner notification is not required for lots less than 11,500 square feet and shown on
approved and recorded subdivision plat.
(E) Notice, as required above, shall be sent by registered or certified mail to the last known address of
such property owner(s) as shown on the current real estate tax assessment records. Notice may be
sent by first class mail; however, a representative of the County shall sign an affidavit that such
mailings have been made and file such affidavit with the papers in the case.
(F) The cost of all notice requirements shall be paid by the developer/applicant in addition to any other
fees involved in the application. The County shall bill the applicant for such costs.73
73 Editor’s Note: This is currently being done in practice, but new text has been added to formalize the process and
aid in administration.
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Section 3-11-3. Posting Notice on Property.74
(A) Additional notice of all public hearings involving Special Use Permits and rezonings shall be
provided by means of a sign or signs posted on the subject property which indicates that Zoning
action is pending. The Administrator shall provide the sign, of which the applicant shall be
responsible for posting and maintaining on the subject property as required below.
(1) The notice must be posted by Pittsylvania County on the subject property at least fourteen
(14) days preceding the public hearing on the proposed Special Use Permit or rezoning.
(2) Notice shall be removed no later than fourteen (14) days after the public hearing.
(3) The notice shall specify the date, time, and location of the public hearing.
(4) If the application addresses more than one property, signage shall be placed on each parcel.
(5) The sign shall be erected within ten (10) feet of whatever boundary line of such land abuts a
road and shall be so placed as to be clearly visible from the road, with the bottom of the sign
not less than two and one-half (2 1/2) feet above the ground.
(6) If more than one (1) road abuts the property, then a sign shall be erected in the same manner
as above for each such abutting road.
(7) If no road abuts the property, then signs shall be erected in the same manner as above on at
least two (2) boundaries of the property abutting land not owned by the property owner.
(8) The notice shall be posted at reasonable intervals along roads abutting the subject property,
or if there is no abutting road, at the proposed road or entrance into the property, in locations
reasonably visible from existing roads.
(9) The holding of a public hearing or the validity of action on an application shall not be affected
by the unauthorized removal of a notice which has been posted in accordance with this
section.
(10) It shall be unlawful for any person, except the Administrator, to remove or tamper with any
sign furnished during the period it is required to be maintained under this Section.
(B) It shall be the duty of the property owner or applicant at the hearing to prove by affidavit to the
Department of Community Development that they have fully complied with the requirements of
this section and has continuously maintained the sign or signs, up to the time of the hearing.
Section 3-11-4. Waiver of Notice.75
Actual notice of, or active participation in, a public meeting for which written notice is required shall
waive the right of that party to challenge the validity of the proceedings based on failure of notice.
74 Editor’s Note: This Section combines, consolidates, refines, and reorganizes text from Sections 35-816, 35-817, 35-
818, and 35-819 of the current Ordinance.
75 Editor’s Note: Proposed new text as a best practice.
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ARTICLE IV. – District Standards.
Division 1. Establishment and Purpose.
Section 4-1-1. General.
(A) Zoning Districts Established. Land within the County, as it exists at the time of this Ordinance
being enacted, is hereby divided into classes of primary zoning districts to:
(1) Regulate and restrict the location and use of buildings and land for trade, industry,
residence, and other purposes in accordance with the objectives of the Pittsylvania County
Comprehensive Plan;
(2) Regulate and restrict the location, height, and size of buildings hereafter erected or
structurally altered; and
(3) Ensure adequate setbacks, open spaces, and public facilities to support the County’s
population.
(B) Primary Zoning Districts. To carry out the purpose stated in Article I, In General, of this Ordinance
and (A) above, Pittsylvania County is hereby divided into the following primary zoning districts:
Table IV-1. Primary Zoning Districts
Agricultural Districts
A-1 General Agriculture
Residential Districts
R-E Residential Estates
R-1 Residential Suburban Subdivision
RC-1 Residential Combined Subdivision
RMF Residential Multifamily
MHP Residential Manufactured Housing Park
Commercial Districts
B-1 Limited Business
B-2 General Business
Industrial Districts
M-1 Light Industry
M-2 Heavy Industry
Planned Development Districts
RPD Residential Planned Unit Development
Conservation Districts
C-1 Conservation District
(B) Overlay Districts are established in Article V, Overlay Zoning Districts, of this Ordinance.
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Section 4-1-2. References to District Names1.
For the purpose of reference throughout this Ordinance, unless specifically provided to the contrary,
the term “agricultural district” shall include the A-1 district; “residential district” shall include R-E, R-1,
RC-1, RMF, and MHP districts; “commercial district” shall include B-1 and B-2 districts; “industrial
district” shall include M-1 and M-2 districts; “planned development district” shall include the RPD
district; and “conservation district” shall include the C-1 district.
Section 4-1-3. Purpose and Intent of Primary Zoning Districts.2
(A) Agriculture.
(1) A-1, General Agriculture. This district includes areas of the County that are occupied by
various open uses of farming and forestry. This district is established for the purpose of
facilitating existing and future farming operations and preserving farm and forest lands.
Residential uses shall consist of sparse single-family dwellings, primarily located to serve
farm owners and their families. This is a rural area where widespread extension of public
utilities is not planned. It should also be presumed that agricultural and forestry activities
may produce some noise, odors, and other effects, and a certain level of tolerance for these
effects must be expected of those who dwell in this district.
(B) Residential.
(1) R-E, Residential Estates. The intent of this district is to protect persons occupying residential
properties in large lot developments with three (3) or more lots. This district's regulations are
designed to stabilize and protect the essential characteristics of large lot residential
development and to prohibit activities of a commercial nature3.
(2) R-1, Residential Suburban Subdivision. The intent of this district is to recognize single-family
residential areas within the County and to maintain separation of these residential uses from
commercial uses. This dwelling district allows for single-family dwellings, religious assembly
uses, public uses, and accessory uses that are compatible with residential surroundings. The
regulations for this district are designed to stabilize the residential nature, promote single-
family dwellings, and to prohibit high-impact commercial activity.
(3) RC-1, Residential Combined Subdivision. The intent of this district is to provide increased
opportunities for affordable housing and to promote cost-effective site development. This
combined district provides locations where manufactured housing communities may
harmoniously develop in a residential area in with a mix of other housing types4.
(4) RMF, Residential Multifamily. The intent of this district is to provide for locations of multi-
family residences and is used for construction of apartments, townhouse developments, or
other multi-unit residential developments in appropriate locations. Uses compatible with
residential neighborhoods, such as religious assembly uses, public uses, and accessory uses,
1 Editor’s Note: This is a new Section added for clarity.
2 Editor’s Note: Section 4-1-3 is a new Section, proposed to combine and streamline all sections in the current
Zoning Ordinance that address purpose for each primary zoning district.
3 Editor’s Note: Language from Section 35-191 of the existing Ordinance has been condensed for clarity.
4 Editor’s Note: Language from Section 35-266 of the existing Ordinance has been condensed for clarity.
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are also permitted. The regulations for this district are designed to provide a range of
residential dwellings, promote varied neighborhood types, and to prohibit high-impact
commercial activity. Certain commercial uses may be allowed through Special Use Permits5.
(5) MHP, Residential Manufactured Housing Park. The intent of this district is to accommodate
manufactured housing parks exclusively. The regulations are intended to ensure an
attractive and harmonious environment for manufactured home dwellings and their
residents6.
(C) Commercial.
(1) B-1, Limited Business. The intent of this district is to recognize existing light commercial uses
and to provide an opportunity to expand these and other retail opportunities. The district
should accommodate a range of retail, personal service, and office uses that are compatible
with adjacent residential areas and provide for the convenience and day-to-day needs of
residents of nearby neighborhoods. The intent of these regulations is not to limit business
development in the County, but rather to encourage it in appropriate locations where it will
not produce adverse impacts on residential uses.7
(2) B-2, General Business. The intent of this district is to recognize existing commercial and/or
service trade uses within the County and provide an opportunity to expand these and
related general commercial opportunities. This district should accommodate a range of
retail, wholesale, service, and office uses that cater to the traveling public and serve the
County and the surrounding region. The district is designed to provide attractive and
accessible shopping along principal highways. Examples of uses permitted in General
Business district include, but are not limited to, event venues, large retail stores, and
offices8.
(D) Industrial.
(1) M-1, Light Industry. The intent of this district is to encourage the development of
manufacturing and wholesale business establishments which do not create a danger to
health and safety in surrounding areas and that do not produce high levels of smoke, smell,
noise, light, dust, and other nuisances. Uses should operate primarily within enclosed
structures and should not deal with large volumes of customers on a regular basis. The
intent is also to make available more attractive locations for these businesses and industries.
Certain commercial uses are permitted, primarily for service to employees in the district and
as accessory uses to manufacturing conducted on site9.
5 Editor’s Note: Language from Section 35-279 of the existing Ordinance has been condensed for clarity. Some new
language has been added to clarify uses permitted.
6 Editor’s Note: Language from Section 35-315 of the existing Ordinance has been condensed for clarity.
7 Editor’s Note: This is new text proposed to replace Section 35-345 of the existing Ordinance for clarity and to
better capture the intent of the B-1 district.
8 Editor’s Note: This is new text proposed to replace Section 35-364 of the existing Ordinance for clarity and to
better capture the intent and uses permitted in the B-2 district.
9 Editor’s Note: Language from Section 35-382 of the existing Ordinance has been amended for clarity. Some new
language has been added to address intent and provide the example of industrial parks.
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(2) M-2, Heavy Industry. The intent of this district is to provide locations for larger scale
manufacturing, processing, and warehousing operations which may require public utilities
and access to transportation facilities, have open storage, large product display areas, and
service areas, and generate heavy truck traffic. The creation of any significant noise,
vibration, smoke, dust, lint, odor, heat, or glare shall be mitigated with industry best
practices for the compatibility of the surrounding uses and the preservation of the
environment10.
(E) Planned Development.
(1) RPD, Residential Planned Unit Development District. The purpose of this district is to
promote innovative and creative large-scale development as a means of creating a well-
planned living environment. The intent of district regulations is to encourage variety in
housing, to allow supporting community facilities, along with appropriate commercial uses
through Special Use Permits, and to protect the natural landscape using advantageous
construction techniques, the preservation of natural features, and the integration of open
space. Residential planned unit development districts should provide for increased
community amenities, safety and conveniences, and other public and private benefits11.
(F) Conservation Districts.
(1) C-1, Conservation District. The purpose of this district is to recognize portions of the County
which are occupied by unique natural features such as steep slopes, forest, parks, marshland,
lakes, or watersheds deserving of protection. This district is established for the specific
purpose of conserving water and other natural resources, reducing soil erosion, protecting
watersheds, reducing hazards from flood and fire, and preserving wildlife areas of the
County12.
10 Editor’s Note: Language from Section 35-401 of the existing Ordinance has been condensed for clarity. Some new
language related to mitigating adverse impacts has been included.
11 Editor’s Note: Language from Section 35-293 of the existing Ordinance has been amended for clarity.
12 Editor’s Note: Language from Section 35-329 of the existing Ordinance has been modified for clarity.
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Division 2. General District Standards.
Section 4-2-1. General.13
(A) The requirements specified in this Article shall be considered the minimum required to promote
public health, safety, and general welfare.
(B) Regulations shall apply uniformly to each use, structure, and lot within the zoning district.
(C) Except as provided in Article IX, Nonconforming Uses, Lots, and Structures, of this Ordinance,
every structure hereafter constructed shall be located on a lot meeting the minimum
requirements for the district in which it is located.14
(D) The State Health Official may require a larger minimum lot area for permitted uses, as needed, to
meet Department of Health requirements for use of individual wells and/or sewage disposal
systems.
(E) Photographs, graphics, and/or diagrams in this Article are included for illustrative purposes only.
If there is any inconsistency between them and the text of this Ordinance, including tables, the
text will govern.
Section 4-2-2. Additional Standards15.
In addition to the provided standards for each district, additional standards may apply, as listed
below:
(A) Use Performance Standards. Article VII, Use Performance Standards, of this Ordinance establishes
additional standards pertaining to specific uses.
(B) Community Design Standards. Article VIII, Community Design Standards, of this Ordinance
establishes additional standards for:
(1) Lighting;
(2) Landscaping and screening;
(3) Walls and fences;
(4) Parking and loading;
(5) Signs;
(6) Open space;
(7) Utilities; and
(8) Streets and Sidewalks.
(C) Drainage. Provisions shall be made for proper stormwater drainage from streets, parking, and
loading areas. Water shall not be permitted to drain from such areas onto adjacent property
13 Editor’s Note: This is a new Section, integrating both text from Sections 35-15 and 35-16 of the existing Ordinance
and new text.
14 Editor’s Note: Rather than repeat for each district, it is included here and applicable to all.
15 Editor’s Note: Added as new text.
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except into a natural watercourse or a drainage easement. Provisions shall be made for
protection against erosion and sedimentation in accordance with applicable County ordinances.
Section 4-2-3. Height Regulations.
(A) Purpose.
(1) It is the intent of the height regulations of this Ordinance to secure safety, to provide light
and air, and to protect the character of districts and the interests of the public. No building
shall be erected, constructed, or altered to exceed the height limitations specified in the
district regulations set in this Ordinance.
(B) Measuring Height.
(1) Building height is measured, in feet, from the average grade to the top of the highest point of
a roof. See Figure IV-116.
(2) Average grade is determined by calculating the average of the highest and lowest elevations
along natural or improved grade (whichever is more restrictive) along the wall17 of the
structure that is parallel to the front setback.
(C) Exceptions.
16 Editor’s Note: This figure is a new addition.
17 Editor’s Note: Replaced “front of the” with “wall” for clarification. The front of a structure may not be the side of
the structure that is parallel with the front setback, as specified, here.
Figure IV-1. Height Measurement in Primary Districts
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(1) For structures that are in V, VE, AE, AH, and A Flood Zones, as identified on the official Flood
Rate Insurance Map (FIRM) and further regulated in Chapter 23, Flood Plain Management, of
the Pittsylvania County Code, the following applies:
(i) Height is measured from 12 inches above the base flood elevation18 for the building
site. See Figure IV-219.
(ii) In cases where there is a ground floor enclosure below the base flood elevation, height
shall be measured from the average grade, as shown in Figure IV-1.
Section 4-2-4. Determination and Measurement of Lots.
(A) General.
(1) No lot(s) existing at the time of adoption of this Ordinance shall be reduced in area below the
minimum requirements established in this Article. Lot(s) created after the effective date of
this Ordinance shall meet at least the minimum requirements established by this
Ordinance20.
(2) Whenever there shall be plans in existence, approved by either the Virginia Department of
Transportation (VDOT) or by the Board of Supervisors for the widening of any street or
highway, the Administrator may require additional setbacks for any new construction or for
any structures altered or remodeled adjacent to the future planned right-of-way.
18 Editor’s Note: This is a new regulation to create consistency with Chapter 23 of the Pittsylvania County Code,
which recommends at least a 1 ft. freeboard. Having a freeboard helps to protect life and property, as well as lowers
flood insurance rates for property owners.
19 Editor’s Note: This figure is a new addition.
20 Editor’s Note: This is an adaptation of Section 35-65 of the existing Ordinance.
Figure IV-2. Height Measurement of Raised Structures in Floodplain Areas
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(i) Such additional setback shall be the minimum required in the underlying zoning district,
measured from the edge of the planned right-of-way (ROW) line.21
(B) Determination of Lot Front.
(1) Interior Lots. The front shall be construed to be the portion adjacent to the street.
(2) Corner Lots. The front shall be construed to be the shortest boundary fronting a street. If the
lot has equal frontage on two (2) or more streets, the front shall be construed in accordance
with the prevailing building pattern, or the prevailing lotting pattern if a building pattern is
not established.
(C) Required Setbacks.
(1) Interior Lots, Through Lots, and Stem Lots shall have the following setbacks:
(i) One front, two sides, and one rear.
(2) Corner Lots and Through Corner Lots shall have the following setbacks:
(i) One front, two sides, and one rear.
(D) Measurement Methods. The following methods shall be used for measuring setbacks:
(1) All Setback Types. Setbacks shall be measured in such a manner that the lot line and the
setback line are parallel to one another.
(i) Rounded lots shall be measured as follows:
(a) Where lots are convex or
concave, required setbacks
shall be measured radially
from the edge of the ROW.
See Figure IV-322.
(b) In accordance with Article II,
Administration, of this
Ordinance, the Administrator
shall determine the boundary
line(s) from which the
setback(s) shall be measured
for Irregular Lots.
(2) Front Setback. Except as otherwise
provided in this Article, every lot shall
21 Editor’s Note: This text is consistent with Section 35-70 of the current Ordinance, although the Administrator is
now given the authority to require additional setbacks, consistent with responsibilities granted in Articles II and III.
22 Editor’s Note: Text has been added to address how setbacks are measured for convex and concave lots. Figure IV-
3 is a new addition to help illustrate this regulation.
Figure IV-3. Setback Measurement for
Convex and Concave Lots
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Figure IV-4. Stem Lot Front Setback
front on an existing street; whether public or private. Front setbacks are determined as
follows23:
(i) A front setback shall be included for the full width of the lot frontage, measured between
the side lot lines.
(ii) Depth of the front setback shall be measured from the edge of the ROW, inward towards
the lot, until the distance required in the district standards is met.
(a) If the lot has frontage on a private road, the depth of the front setback shall be
measured from the centerline of the road, inward towards the lot, until the distance
required in the district standards is met.24
(b) Areas in parking bays shall not be considered as part of the street or access easement
for purposes of determining front setback depth.
(iii) Interior Lots shall have one front setback that is the portion along the street.
(iv) Through Lots shall have one front setback that is determined by the prevailing building
pattern or, if a prevailing building pattern has not been established, the prevailing lotting
pattern. If neither building nor lotting patterns exist, the lot front shall be along the lot
frontage that is the narrowest.
(v) Through Corner Lots25 shall have one front setback construed to be the shortest
boundary along a street.
(vi) Stem Lots shall have one front that is measured
from the boundary delineating the end of the
“stem” and then in towards the lot until the
distance required in the district standards is met.
See Figure IV-426.
(vii) The front setback required for nonconforming lots
may be the average of the front setbacks within
three hundred (300) feet on either side of the lot,
except that no front setback shall be required to
be greater than the minimum required for the
underlying zoning district.
(a) To maintain the pattern of the neighborhood,
if the adjacent lots are vacant, the average(s)
of the nearest developed lot(s) on the same
23 Editor’s Note: New language is included in this section for clarification. Some language from Section 35-62 of the
existing Ordinance has been retained.
24 Editor’s Note: The current Ordinance does not clearly specify how front setbacks are measured for lots that front
on a public road versus lots that front on a private road. Language has been added to clarify what is being done in
practice.
25 Editor’s Note: Localities do not typically include provisions for Through Corner Lots. This is included for
consideration, but can be removed, if desired.
26 Editor’s Note: Figure IV-4 is a new addition.
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side of the street shall be used.
(3) Side Setback.
(i) Side setbacks shall be measured from the front setback to the rear setback.
(ii) Depth of a side setback shall be measured from the lot line in towards the lot until the
distance required in the district standards is met.
(iii) On corner lots, the required side setback shall be construed to be the longest boundary
fronting a street. The distance required of the side setback fronting a street shall be the
same as the front setback27. The distance required of subsequent side setbacks shall be
the distance established in the underlying zoning district standards.
(4) Rear Setback.
(i) A rear setback shall be included for the full width of the rear of the lot, measured
between the side lot lines.
(ii) Depth of a rear setback shall be measured from the rear lot line in towards the lot until
the distance required in the district standards is met.
(5) Lot Width.
(i) Minimum lot width for all lots shall be measured at the front setback line.
Section 4-2-5. Lot Coverage and Siting.28
(A) Except as otherwise specifically provided in computations to determine lot coverage by buildings,
building coverage shall be construed as including all areas under roofs or projections from
buildings on the lot.
(B) All buildings and other structures shall be located and arranged on lots to provide safe and
convenient access for fire protection, servicing, and off-street parking located on the premises.
(C) No structure requiring a building permit shall be erected upon a lot which does not have
frontage on a public or private road, except as specifically provided in Chapter 18, Subdivision
Ordinance, of the Pittsylvania County Code.
Division 3. Exemptions and Encroachments.29
Section 4-3-1. Structures in Required Setbacks.
(A) General. The following uses and structures are permitted in required setbacks, subject to the
limitations provided:
(1) Fences, walls, and hedges, subject to visibility clearance requirements on corner lots as
outlined in Article VIII, Community Design Standards, of this Ordinance.
27 Editor’s Note: This text is consistent with Section 35-64 of the current Ordinance.
28 Editor’s Note: This is a new Section, integrating both new text and text from Sections 35-65 and 35-66 of the
existing Ordinance.
29 Editor’s Note: Proposed as a new section.
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(2) Covered porches (on any façade) may project not more than 4 ft. into any required setback
but shall not be closer to 10 ft. to any lot line.30
(i) Except for Residential Planned Unit Development (RPD) districts, where porches or
stoops must maintain a 10 ft. front setback.31
(3) Uncovered porches and decks may project not more than 4 ft. into a required rear or side
setback.32
(4) Architectural features, chimneys, eaves, and other similar building features may not project
more than 4 ft. into any required setback but shall not be closer than 10 ft. to any lot line.
(i) Except for Residential Planned Unit Development (RPD) districts, where architectural
features, chimneys, eaves, and other similar building features shall not be closer than 2
ft. to any lot line.33
(5) Balconies may not project more than 4 ft. into any required side or rear setback but shall not
be closer than 10 ft. to any lot line.34
(6) Accessory structures are subject to the requirements and regulations of Article VII, Use
Performance Standards, of this Ordinance.
Section 4-3-2. Reduction of Setbacks.
(A) No setback existing at the time of adoption of this Ordinance shall be reduced in dimension
below the minimum requirements established in this Article, unless such setback requirements
reduce the buildable area to unreasonable dimensions.
(1) Any person desiring to amend a setback to a distance not in accordance with the regulations
prescribed in this Article may apply for a variance from these regulations in accordance with
Article III, Permits and Applications, of this Ordinance.
(B) Every part of a required setback shall be open from its lowest point to the sky unobstructed,
except for the ordinary projections of balconies, sills, cornices, buttresses, ornamental features,
chimneys, flues, and eaves, provided such projections shall not extend into the required yard
areas for a distance exceeding two (2) feet, as provided for in Section 4-3-1 (A) (4).
30 Editor’s Note: The distance that covered porches may be from a lot line has been reduced from 15 ft. to 10 ft. to
be less restrictive and for better alignment with setbacks in primary zoning districts.
31 Editor’s Note: As a result of Ordinance amendments adopted by the Board on 8/15, an exception has been added
for RPD districts.
32 Editor’s Note: An encroachment distance for uncovered porches and decks has been added and is applicable to
both rear and side setbacks.
33 Editor’s Note: As a result of Ordinance amendments adopted by the Board on 8/15, an exception has been added
for RPD districts, and the encroachment distance for architectural features in all other zoning district has been
revised to match what is permitted for balconies.
34 Editor’s Note: The distance that architectural features may be from a lot line has been reduced from 15 ft. to 2 ft.
to eliminate conflicting requirements in the Ordinance.
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Section 4-3-3. Exemptions.
(A) All regulations. The following structures and uses shall be exempt from all regulations of this
Ordinance:
(1) Underground and above ground utility equipment, including but not limited to wires, cables,
conduits, pipes, mains, and valves.
(i) Such utility equipment must be located in a street right-of-way or in an easement less
than forty (40) feet in width.
(ii) Exemptions shall not apply to any substation located on or above the surface of the
ground.
(2) Railroad tracks, signals, bridges, and similar facilities and equipment located on a railroad
right-of-way, and maintenance and repair work on such facilities and equipment.
(3) Mailboxes.
(B) Height regulations. The following structures and uses shall be exempt from the height regulations
of this Ordinance:35
(1) Belfries;
(2) Cupolas;
(3) Chimneys;
(4) Flues;
(5) Flagpoles under 40 feet in height;
(6) Television antennas;
(7) Public monuments or memorials;
(8) Radio aerials;
(9) Silos and other farm buildings; and
(10) Water tanks.
35 Editor’s Note: The height limit for flagpoles has been introduced at 40 ft. Farm buildings have been added as a use
exempt from the height regulations of this Ordinance.
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Division 4. Agricultural Districts Dimensional Standards.36
Section 4-4-1. Agricultural District Regulations.
Table IV-2. Agriculture District Regulations.
A-1
Minimum Lot Area
All lots 1 acre37
Density
All lots 1 residential unit per 1
acre38
Minimum Required Setbacks
Front (includes all structures)
Lots fronting a public road (setback
measured from the edge of the ROW) 35 ft.
Lots fronting a private road (setback
measured from centerline) 60 ft.
Side39
Principal structures 35 ft.
Farm animal structures* 50 ft.
Accessory structures 10 ft.
Rear
Principal structures 20 ft.
Farm animal structures* 50 ft.
Accessory structures 10 ft.
Maximum Structure Height
Principal structures 40 ft.
Accessory structures 40 ft.
* Farm animal structures do not include intensive livestock structures, which are a
separate use and have use standards outlined in Article VII, Use Performance
Standards.
(A) General.40
36 Editor’s Note: This Division replaces Article III, Division 1 of the current Ordinance.
37 Editor’s Note: The minimum lot size has been proposed to increase from 20,000 square feet to 1 acre, in response
to requests for the protection of agriculture.
38 Editor’s Note: The density has been proposed to decrease from 2 units per acre to 1 unit per acre, in response to
requests for the protection of agriculture.
39 Editor’s Note: Side setbacks are currently determined to be 10% of the lot frontage with a minimum of 10 ft. To
ensure that standards are being uniformly applied within the A-1 district, a single distance for the side setback has
been proposed.
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(1) Number of Principal Structures Allowed.
(i) For lots 0.5 acres or less in area, no more than one (1) principal structure shall be
permitted.
(ii) For lots greater than 0.5 acres in area, no more than two (2) principal structures shall be
permitted.
40 Editor’s Note: This provision has been added based on discussion with staff.
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Division 5. Residential Districts Dimensional Standards.41
Section 4-5-1. Single Family Residential District Regulations.
Table IV-3. Single Family Residential District Regulations.
R-E R-1 RC-1
Minimum Lot Area
All lots 5 acres - -
Public Water AND Sewer - 10,000 sq. ft. 10,000 sq. ft.
Public Water OR Sewer - 15,000 sq. ft. 15,000 sq. ft
NO Public Utilities - 20,000 sq. ft. 20,000 sq. ft.
Minimum Lot Width42
Public Water AND Sewer 100 ft. 75 ft. 75 ft.
Public Water OR Sewer 100 ft. 75 ft. 75 ft.
NO Public Utilities 150 ft. 100 ft. 100 ft.
Density43
All lots 1 residential unit
per 5 acres
1 residential
unit per 0.25
acres*
1 residential
unit per 0.25
acres
Minimum Required Setbacks44
Front
Principal structures 35 ft. 35 ft. 35 ft.
Accessory structures Not permitted in front yard
Side
Principal structures 20 ft. 15 ft. 10 ft.
Accessory structures 10 ft. 10 ft. 10 ft.
Rear
Principal structures 30 ft. 30 ft. 25 ft.
Accessory structures 15 ft. 15 ft. 15 ft.
Maximum Structure Height
All structures 40 ft. 40 ft. 40 ft.
41 Editor’s Note: This Division replaces Article III, Division 2 of the current Ordinance.
42 Editor’s Note: Minimum lot width is a new dimensional standard for residential districts and is proposed to be tied
to the availability of public utilities to align with minimum lot area requirements.
43 Editor’s Note: Density is proposed to be determined by acreage, not by lot, for ease of administration.
44 Editor’s Note: Uniform front, side, and rear setbacks are proposed for all districts.
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Section 4-5-2. Multi-Family Residential District Regulations.
Table IV-3. Multi-Family Residential District Regulations.
R-MF
Minimum Lot Area
Single-Family Dwellings and Non-Residential Structures45
45 Editor’s Note: Minimum lot area has NOT changed, but rather been made more clear to reflect one unit per lot for
single-family residential dwellings.
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R-MF
Public Water AND Sewer 5,000 sq. ft.
Public Water OR Sewer 11,000 sq. ft.
NO Public Utilities 13,125 sq. ft.
Multi-Family, Two-Family, and Townhouses
Multi-Family and Two-Family
Dwellings
As above for the first two units, plus 2,100 sq. ft. for
each additional dwelling unit.
Townhouses 1,500 sq. ft. with public water AND sewer, otherwise as
above
Minimum Lot Width46
Single-Family Dwellings and Non-Residential Structures47
Public Water AND Sewer 75 ft.
Public Water OR Sewer 75 ft.
NO Public Utilities 100 ft.
Multi-Family, Two-Family, and Townhouses
Multi-Family and Two-Family
Dwellings As above
Townhouses 18 ft.
Maximum Density48
All lots 16 dwelling units per acre
Maximum Lot Coverage
Two-family Lots 35%
Townhouse and Multi-family
Lots 40%
Minimum Distance Between Principal Buildings
All lots 20 ft.
Minimum Required Setbacks49
Front
Principal structures 50 ft.
Accessory structures Not permitted in front yard
46 Editor’s Note: New standards for minimum lot width have been introduced to differentiate between single-family
and multi-family residential uses, and to tie dimensional standards to the availability of public utilities.
47 Editor’s Note: Minimum lot width for single-family dwellings and non-residential structures is consistent with
regulations in the R-1 district.
48 Editor’s Note: Maximum density has been increased from 13 to 16 dwellings per acre; recommended increase
based on community feedback expressing a need for housing. Increasing the density coupled with a decreased lot
area incentivizes building near public water and sewer, further protecting agricultural lands.
49 Editor’s Note: Setback requirements for accessory structures have been introduced.
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R-MF
Side50
Principal structures 10 ft.
Accessory structures 5 ft.
Rear
Principal structures 20 ft.
Accessory structures 10 ft.
Maximum Structure Height
All structures 80 ft.
50 Editor’s Note: Side setbacks are currently determined to be 10% of the lot frontage with a minimum of 10 ft. To
ensure that standards are being uniformly applied within the RMF district, a single distance for the side setback has
been proposed.
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Section 4-5-3. Manufactured Home Park District Regulations.
Table IV-4. Manufactured Home Park District Regulations.
MHP -
Individual Pad
Sites
MHP -
Total Park Area51
Minimum Lot Area
All lots 6,000 sq. ft. 3 acres
Minimum Lot Width
Public Water AND Sewer 50 ft.
Public Water OR Sewer 50 ft.
NO Public Utilities 100 ft.
Maximum Density
All lots 7 dwelling units per
acre
Minimum Number of Accesses to Public Road52
50 or fewer units 1
51 or more units 2
Minimum Required Setbacks53
Front
Lots fronting a public road (setback
measured from the edge of the ROW)
25 ft. from internal
roads and pad site
boundary
50 ft.
Lots fronting a private road (setback
measured from centerline)
25 ft. from internal
roads and pad site
boundary
60 ft.
Accessory structures, all lots Not permitted in front
yard
Not permitted in front
yard
Side
Principal structures 10 ft. 20 ft.
Accessory structures 10 ft. 10 ft.
Rear
Principal structures 10 ft. 20 ft.
Accessory structures
10 ft. 10 ft.
Minimum Distance Between Structures
51 Editor’s Note: The current Ordinance does not provide regulations for the total park area of an MHP district.
Regulations have been added as a best practice to ensure safe and attractive manufactured home parks.
52 Editor’s Note: This is a new addition to provide standards for safe ingress/egress in manufactured home parks.
53 Editor’s Note: The current Ordinance requires front setbacks to be 20 ft. from lot lines and 30 ft. for public roads.
These distances have been proposed to be edited slightly to streamline review, and to provide more distance from
the overall MHP area to a road.
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MHP -
Individual Pad
Sites
MHP -
Total Park Area51
All structures 20 ft. 20 ft.
Maximum Structure Height
All structures 35 ft. 35 ft.
(A) Development Standards.54
(1) Each manufactured home park shall have a sign at all entrances on a public road designating
the name of the manufactured home park. Signs shall be designed and erected in accordance
with the standards of Article VIII, Community Design Standards.
(2) All manufactured home parks must have at least 10% of their total area dedicated to
recreational use.
(i) 50% of the total recreational use area shall be outside of designated floodplain areas and
have a slope of not more than 5%.
(ii) Either active or passive recreation uses, as defined in Article X, Definitions, of this
Ordinance, shall be integrated into recreational use areas.
54 Editor’s Note: These are new requirements intended to ensure the development of safe and attractive
manufactured home parks.
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Division 6. Commercial Districts Dimensional Standards.
Section 4-6-1. Commercial District Regulations.
Table IV-6. Commercial District Regulations.
55 Editor’s Note: Minimum lot area requirements are new dimensional standards for commercial districts and are
tied to the availability of public utilities.
56 Editor’s Note: Minimum road frontage requirements are new dimensional standards for commercial districts.
57 Editor’s Note: Side and rear setbacks are new dimensional standards for commercial districts. Setback distances
are set to promote fire safety and to promote compatibility between differing uses.
58 Editor’s Note: As a result of comments from the 2/9/23 worksession, a standard has been added to allow
buildings over 60 feet in height in commercial districts, provided that all setback standards are adjusted accordingly.
B-1 B-2
Minimum Lot Area55
Public Water AND Sewer No required minimum No required minimum
Public Water OR Sewer 15,000 sq. ft. 15,000 sq. ft.
NO Public Water/Sewer 20,000 sq. ft. 20,000 sq. ft.
Minimum Road Frontage56
All Lots 50 ft. 50 ft.
Minimum Required Setbacks
Front
Principal structures 35 ft. 35 ft.
Accessory structures Not permitted in front yard
Side57
All
structures
Adjacent to agriculture,
residential, or conservation
district
20 ft. 20 ft.
Adjacent to all other districts 10 ft. 10 ft.
Rear
All
structures
Adjacent to agriculture,
residential, or conservation
district
40 ft.
40 ft.
Adjacent to all other districts 20 ft. 10 ft.
Maximum Structure Height
Principal structures* 60 ft. 60 ft.
Accessory structures No taller than principal
structure
No taller than principal
structure
*Buildings may be erected to a height of 70 ft.; provided that required front, side, and rear setback
minimum standards shall be increased 1 foot for each foot in height over 60 ft.58
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Division 7. Industrial Districts Dimensional Standards.
Section 4-7-1. Industrial District Regulations.
Table IV-7. Industrial District Regulations.
59 Editor’s Note: Minimum lot area is a new dimensional standard for industrial districts.
60 Editor’s Note: Front setback minimums have been increased to 50 ft. for all structures in both M-1 and M-2
districts.
61 Editor’s Note: Side and rear setbacks for industrial lots adjacent to other types of lots are new dimensional
standards.
62 Editor’s Note: Per direction from County staff, the maximum building height in an industrial park has been
increased to 150 ft.
63 Editor’s Note: Per direction from County staff, principal structures in industrial districts may be erected up to 120
ft. in height if all setbacks are increased 1 foot for each foot in height over 80 feet. This allows for increased
flexibility while mitigating impacts.
M-1 M-2
Minimum Lot Area59
Public Water AND Sewer 15,000 sq. ft. 20,000 sq. ft.
Public Water OR Sewer 15,000 sq. ft. 20,000 sq. ft.
NO Public Water/Sewer 1 acre 1 acre
Minimum Road Frontage
All lots 75 ft. 100 ft.
Minimum Required Setbacks
Front60
All structures 50 ft. 50 ft.
Side61
All
structures
Adjacent to M-1 or
M-2 districts None required None required
Adjacent to all other
zoning districts 50 ft. 50 ft.
Rear
All
structures
Adjacent to M-1 or
M-2 districts None required None required
Adjacent to all other
zoning districts 50 ft. 50 ft.
Maximum Structure Height*
Principal structures** 80 ft. 80 ft.
Accessory structures No taller than principal structure No taller than principal structure
*The maximum building height in both M-1 and M-2 may be increased to 150 ft. for principal structures within a recognized Industrial Park.62
**Buildings may be erected to a height of 120 ft.; provided that required front, side, and rear setback minimum standards shall be increased 1 foot for each foot in height
over 80 ft.63
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Division 8. Planned Development Dimensional Standards.
Section 4-8-1. Residential Planned Unit Development District.
Table IV-8. Residential Planned Unit Development District Regulations.
RPD
Minimum Lot Area
Entire RPD District 5 contiguous
acres*
Density1
Single-Family, Detached 3 units per acre
Two-Family 5 units per acre
Townhouses 10 units per acre
Multi-Family 15 units per acre
Minimum Required Setbacks64
Front
Principal
structures
If lot is
adjacent to
exterior
property line
of RPD:
35 ft.
All other lots 20 ft.
Accessory structures Not permitted in
front yard
Side
Principal
structures
If lot is
adjacent to
exterior
property line
of RPD:
10 ft.
All other lots 6 ft.
Accessory structures 10 ft.
Rear65
Principal
structures
If lot is
adjacent to
exterior
property line
30 ft.
64 Editor’s Note: As a result of Ordinance amendments approved by the Board on 8/15, minimum required setbacks
have been updated to include differentiation between the minimum required for lots adjacent to the exterior
property line of RPD and the minimum required for all other lots.
65 Editor’s Note: Rear and side setback standards are new additions for RPD districts.
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RPD
Principal
structures
of RPD:
All other lots 20 ft.
Accessory structures 20 ft.
Maximum Structure Height
All structures 80 ft.
Minimum Distance between Buildings66
All lots 15 ft.
*None of the 5 contiguous acres required for an RPD can
be under water or within a flowage easement.
(A) General.67
(1) Character of Development. Development within RPD districts should encourage development
form and character that is aesthetically pleasing and is different from conventional suburban
development, which typically includes the following:
(i) Neighborhood friendly streets and paths;
(ii) Interconnected streets and transportation networks;
(iii) Open space amenities;
(iv) Appropriately scaled buildings and spaces;
(v) Mixture of housing types and affordability; and
(vi) Environmentally sensitive design.
(B) Application and Procedures.68
(1) RPD districts shall be established by amendment to the Zoning Map in accordance with
Article III, Permits and Applications, of this Ordinance.
(2) Before filing the application, the applicant(s) shall meet with the Administrator for a pre-
application meeting to discuss the proposed RPD development and review applicable
requirements and approval procedures. The applicant(s) shall provide a concept plan of the
proposed RPD development for review and discussion during a pre-application meeting.
(i) Concept plans shall be developed in accordance with the standards of Article III, Permits
and Applications, of this Ordinance.
(3) No development within an RPD – including, but not limited to clearing, grading, excavating,
road building, site preparation, or structural improvements – shall occur prior to approval of
66 Editor’s Note: As a result of Ordinance amendments approved by the Board on 8/15, the minimum distance
between buildings has been decreased from 20 ft. to 15 ft.
67 Editor’s Note: This is new text proposed to provide clarity regarding the intended character of RPD development.
68 Editor’s Note: Section 4-8-1 (A) is new text included to establish procedures for establishing an RPD district within
the County.
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a Site Development Plan in accordance with Article III, Permits and Applications, of this
Ordinance.
(4) All development and subsequent operation within an RPD shall be undertaken in accordance
with the provisions of the approved RPD Application and Site Development Plan.
(i) Major modifications to the RPD Site Development Plan – including changes to housing
types, densities, permitted uses, architectural elevations, or general location of any
elements, or other aspects of the RPD Site Development Plan – where the change is not
in keeping with the concept of the approved RPD Site Development Plan shall require an
amendment to the RPD Site Development Plan in accordance with Article III, Permits and
Applications, of this Ordinance.69
(ii) Minor modifications to the RPD Site Development Plan, which clearly are in substantial
conformity with the approved RPD Site Development Plan, may be approved by the
Administrator without applying for an amendment to the Site Development Plan.
Substantial conformity shall mean that conformity which leaves a reasonable margin for
adjustment due to final engineering data, but conforms to the general nature of the
development, the specific uses, the general layout depicted by the plans, profiles,
elevations, and other demonstrative materials presented by the applicant.
(5) A proposed development may vary from the guidelines outlined in this Division, except for
uses subject to approval of a rezoning or Special Use Permit in accordance with Article III,
Permits and Applications, of this Ordinance. Any waiver from the standards and guidelines
shall be specifically acknowledged by means of a proffer or conditions. A request for waiver
must:
(i) Clearly outline the requested waiver(s), and
(ii) Justify the need or benefit to the public and community should the waiver be granted.
(C) Open Space Requirements
(1) Open space shall be defined for the purposes of this Section as that total land or water within
the boundaries of an RPD development, designed and intended for use and enjoyment, and
not improved with buildings, structures, streets, roads, parking areas, or utilities, except for
recreational structures.
(2) The required open space shall not be less than thirty (30) percent of the total gross area of
the RPD development.70
(i) Appropriate active and passive recreational uses as defined in Article X, Definitions, of
this Ordinance, shall be provided within the open space area to serve the development.
69 Editor’s Note: This provision covers and simplifies the language outlining procedures for amending RPD
development adopted by the Board on 8/15.
70 Editor’s Note: The required percentage of open space in an RPD district has been reduced from 50% to 30%, so as
not to pose unreasonable regulations on developers. However, 50% of the open space is required to be dedicated to
active recreation uses, ultimately creating more recreational opportunities than what is required under the current
Ordinance.
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(ii) Fifty (50) percent of all open space within an RPD development shall be dedicated to
active recreation uses.
(3) All open space, including developed open space, shall be specifically included in the
development schedule, and be constructed and fully improved by the developer at an
equivalent or greater rate than the construction of residential structures.
(4) There shall be established a non-profit association, a stock or membership corporation, trust,
or property owners’ association (POA) to ensure maintenance of open spaces.
(i) When the open space is to be maintained through a non-profit association, corporation,
trust, or POA, said organization shall conform to the following requirements:
(a) The developer must establish the organization prior to the sale of any lots.
(b) Membership in the organization shall be mandatory for all residential property
owners, present or future within the RPD development, and said organization shall
not discriminate in its members or shareholders.
(c) The organization shall manage all open space and recreational facilities and shall
provide for the maintenance, administration, and operation of said land and
improvements, and shall secure adequate liability insurance on the land.
(D) Development Standards71
(1) All fencing, lighting, signage, landscaping, streets, sidewalks, and parking and loading areas
within RPD developments shall be designed in accordance with the standards of Article VIII,
Community Design Standards, of this Ordinance.
(2) Areas between buildings used as service yards, storage of trash, or other utility purposes
should be designed to be compatible with adjoining buildings.
(3) Setbacks shall not interfere with public safety issues such as intersection sight distance or
utilities, including other public infrastructure such as sidewalks, open space, etc.
(4) Alleys should be avoided wherever possible except where approved as part of the Site
Development Plan process for the residential planned unit development as part of the
rezoning process.72
(5) Within RPD developments, all newly installed utilities shall be installed underground. Systems
which require above-ground installations shall be effectively screened.73
(i) Screening shall be designed and installed in accordance with the standards of Article VIII,
Community Design Standards, of this Ordinance.
(ii) RPD developments shall be served by centralized water and sewer utilities, whether
public or privately operated, and shall be designed and constructed to public standards
as approved by the Pittsylvania County Service Authority.
71 Editor’s Note: This is new text included to address design standards within RPD developments.
72 Editor’s Note: As a result of Ordinance amendments adopted by the Board on 8/15, added language to address
avoidance of alleys wherever possible.
73 Editor’s Note: Text is carried over from Section 35-306 of the current Ordinance.
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(iii) Unless otherwise operated by a public or private utility, private centralized utilities shall
be maintained by the POA.
(6) Residential Uses:
(i) Residential units should be designed in a logical and attractive manner to best fit the site.
(ii) All RPD districts shall contain at least two different types of residential uses.74
(iii) The gross and net residential densities shall be shown on the approved Site Development
Plan by area and for the overall development in dwelling units per acre (du/acre) and
shall be binding upon its approval.
Division 9. Conservation Districts Dimensional Standards.
Section 4-9-1. Conservation District Regulations.75
74 Editor’s Note: The requirement that RPD development shall have at least two types of residential units was based
on staff and community input desiring requirements that facilitated the provision of affordable housing options to
meet regional demand.
75 Editor’s Note: Dimensional standards for the C-1 district have been edited to be consistent with A-1 district
standards. The current Ordinance states that the requirements for the C-1 and A-1 districts shall be the same.
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Table IV-9. Conservation District Regulations
C-1
Minimum Lot Area
All lots 1 acre
Maximum Density
All lots 1 dwelling unit
per 1 acre
Minimum Required Setbacks76
Front
Lots fronting a public road
(setback measured from the
edge of the ROW)
35 ft.
Lots fronting a private road
(setback measured from
centerline)
60 ft.
Accessory structures, all lots Not permitted in
front yard
Side
Principal structures 35 ft.
Accessory structures 10 ft.
Rear
Principal structures 20 ft.
Accessory structures 10 ft.
Maximum Structure Height
Principal structures 40 ft.
Accessory structures 40 ft.
Section 4-9-2. Protection Measures.77
(A) All Concept Plans and Site Development Plans for any development in the conservation district
shall include specific and detailed plans and measures by the owner or agent addressing erosion
and sediment control in accordance with Chapter 4, Buildings, of the Pittsylvania County Code.
Such plans shall satisfy the Administrator that any possible authorized activities will not
contaminate or otherwise incapacitate the land and waters of the zone.
(1) Failure to properly document these plans to conserve and protect the water, the watershed,
the natural resources, and the land will result in denial of use.
(B) Commercial timber harvesting of more than five (5) acres in the Conservation Districts shall have
a written Preharvesting Plan (Forest Management Plan). The purpose of this plan is to reduce soil
erosion and subsequent stream sedimentation through the proper design, layout, construction,
76 Editor’s Note: Side and rear setbacks are new dimensional standards for the C-1 district.
77 Editor’s Note: Text is carried over from Section 35-532 of the current Ordinance. It has been reorganized and
lightly edited for readability.
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maintenance, and use of logging roads, skid roads, and loading decks used in conjunction with
timber harvesting operations.
(1) Such Preharvesting plan will be prepared by a professional forester and shall be submitted to
and approved by the Administrator prior to commencing operations.
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ARTICLE V. - Overlay Zoning Districts.
Division 1. Establishment.1
Section 5-1-1. General.
This article establishes overlay districts, which apply additional standards to the development and
design requirements of land in the County. These district standards exist as overlays to the existing
underlying zoning districts, and, as such, the provisions for the overlay districts do not replace, but shall
serve to supplement the underlying district provisions. Pittsylvania County is hereby divided into the
following overlay zoning districts:
Table V-1. Overlay Zoning Districts.
All Overlay Districts
LSOD Lake Surface Overlay District
FOD Floodplain Overlay District
AOD Airport Overlay District
Division 2. Lake Surface Overlay District (LSOD).2
Section 5-2-1. Purpose and Intent.
(A) Purpose. The purpose of the LSOD is to encourage public health, safety, and welfare with equitable
and enforceable conditions for waterfront development in Pittsylvania County.
(B) Intent. The intent of these regulations is to protect shoreland, enhance public recreation and water
safety, and advance the public’s general welfare and quality of life on the lakes within the
jurisdiction of Pittsylvania County.
(1) Where the LSOD exists, only the following primary zoning districts shall be permitted under the
LSOD to protect the health, safety, and welfare of water and lakes within the jurisdiction of
Pittsylvania County:3
(i) A-1, General Agriculture
(ii) R-E, Residential Estates
(iii) R-1, Residential Suburban Subdivision District
1 Editor’s Note: This is a new Division proposed for inclusion to establish all Overlay Zoning Districts and to establish
the relationship between these overlays and underlying primary zoning districts.
2 Editor’s Note: Most of this text is carried over directly from Article IV, Division 1 of the current Zoning Ordinance. It
has been reorganized and simplified where possible for readability.
3 Editor’s Note: This text is added for clarity and protection of the water. This may be occurring in practice based on
the districts with LSOD rear setbacks already designated in the current Ordinance.
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(iv) RC-1, Residential Combined Subdivision District
(v) RMF, Residential Multifamily District
(vi) RPD, Residential Planned Unit Development District
(vii) C-1, Conservation District
Section 5-2-2. Applicability.
(A) These provisions shall apply to the surface waters of Smith Mountain Lake, Leesville Lake, and other
lakes of one hundred (100) acres or greater in Pittsylvania County, and to all parcels immediately
adjacent to the same.4
(1) These provisions shall also apply to the flowage easement area of Smith Mountain Lake, as
established by the Appalachian Power Company.
(B) Peripheral boundaries of the LSOD may overlap district zones of the applicable primary district
zones as listed in Section 5-2-1 (B) (1), above.
Section 5-2-3. Development and Design Standards.5
(A) In addition to the development standards specified in this Ordinance for underlying primary
districts, the following additional standards shall apply in all LSOD overlays:
(1) Setbacks.6
(i) All front and side setbacks shall adhere to the standards of the underlying zoning district,
as outlined in Article IV, Primary Zoning Districts, of this Ordinance.
(a) Front yards for lots and lots in subdivisions that border Smith Mountain Lake shall be
assumed to be located between the principal building on the lot and the road fronting
the lot. Front yards shall not be the area between the principal building and the lake.
(ii) The rear setbacks for all structures within an LSOD shall be as follows:
Table VI-2. Lake Surface Overlay District Rear Setbacks. 7
4 Editor’s Note: Section 35-545 of the existing Ordinance includes text applying the provisions of the LSOD to lakes
with four or more shoreline landowners. This text has been removed due to conflict with other provisions of the LSOD
and due to its restrictive nature.
5 Editor’s Note: This is a new Section proposed for inclusion to address development and design standards for the
LSOD.
6 Editor’s Note: Rear setbacks for parcels within the LSOD are currently included in each zoning district’s regulations.
They are proposed for inclusion in this Division for greater clarification and to streamline all dimensional standards
for parcels in the LSOD.
7 Editor’s Note: The current Ordinance establishes these setbacks within the primary district dimensional standards;
they have been moved to this Article for clarity.
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Primary Zoning
District
Smith Mountain
Lake
Leesville Lake; all
other lakes 100
acres or greater
Agricultural Districts
A-1 40 ft. 40 ft.
Residential Districts
RE 40 ft. 40 ft.
RC-1 20 ft. 30 ft.
R-1 20 ft. 40 ft.
R-MF 30 ft. 30 ft.
RPD 30 ft.
20 ft. for single-
family detached
dwellings only
Conservation Districts
C-1 40 ft. 40 ft.
(2) Fencing. All fences erected in LSOD districts shall comply with the standards of Article VIII,
Community Design Standards, of this Ordinance.
(3) Lighting. All lighting installed in LSOD districts shall comply with the standards of Article VIII,
Community Design Standards, of this Ordinance.
(4) Signs. All signs erected in LSOD districts shall comply with the standards of Article VIII,
Community Design Standards, of this Ordinance.
(5) Parking and Loading Areas. All parking and loading areas in LSOD districts shall comply with the
standards of Article VIII, Community Design Standards, of this Ordinance.
(6) Landscaping. All landscaping in LSOD districts shall comply with the standards of Article VIII,
Community Design Standards, of this Ordinance.
(7) Erosion and Sediment Control. All development in LSOD districts shall adhere to the standards
required in Chapter 4, Buildings, of the Pittsylvania County Code.
Section 5-2-4. Piers, Docks, and Boathouses.
(A) Piers and Docks. The following regulations shall apply to all piers and docks located within the LSOD:
(1) All piers and docks may extend over the water for a maximum distance of eighty (80) feet from
the shoreline regardless of water depth at full pond height.
(i) If the lake depth at full pond height is ten (10) feet or greater, piers and docks may extend
to a maximum distance of one hundred and twenty (120) feet from the shoreline.
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(ii) If the pier or dock is in a cove, it shall not extend more than one-third of the width of the
cove, measured from the shore at the point of the proposed construction to the nearest
point on the opposite shoreline.
(2) All piers and docks shall extend into the water to remain confined within a projection of the
side or rear lot lines of the parcel on which the pier is located.
(3) Construction of all piers and docks shall conform to the provisions of this Ordinance and all
other applicable local, state, and U.S. Army Corps of Engineers regulations.
(B) Boathouses and Similar Structures. The following regulations shall apply to all boathouses and
similar structures located within the LSOD:8
(1) All boathouses and similar structures shall be required to conform to the length requirements
as stated in (A), above.
(2) No boathouse or similar structure shall exceed a height greater than twenty (20) feet from full
pond level if it has a flat roof, or twenty-eight (28) feet from full pond level if it has a pitched
roof.
(3) Boathouses or similar structures shall not have septic hookups or be used as living quarters of
any kind.
(4) No boathouse or similar structure shall have more than two (2) stories.
(i) Second stories of boathouses or similar structures shall not be enclosed.
(5) Screened areas of all boathouses or other similar structures are not considered enclosed areas.
Construction of all boathouses shall conform to the provisions of this Ordinance and all other
applicable local, state, and U.S. Army Corps of Engineers regulations.
(C) There shall be no more than three separate, freestanding piers, docks, or boathouses on any one
residential lot.9
Section 5-2-5. Moorings and Floats.
(A) Moorings and floats shall be placed in lakes for navigational purposes only with the expressed
written approval of the Administrator.10
(B) The following regulations shall apply to all moorings and floats located within the LSOD:
(1) Moorings and floats shall be located to permit unobstructed passage of boats.
(2) Moorings and floats shall not be anchored in any manner to deny or obstruct access to lakes
from boathouses, piers, docks, or boat launch ramps.
8 Editor’s Note: (2), (3), and (4) are new standards introduced to ensure that boathouses are constructed and used
only as defined in Article X, Definitions.
9 Editor’s Note: This is a new regulation intended to limit the number of structures and associated land disturbance
on residential lots in the LSOD.
10 Editor’s Note: The current Ordinance gives the Board of Supervisors the authority to review and approve all
moorings and floats; however, this is proposed to be an administrative process to streamline application review.
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(3) Moorings and floats shall be separated on every side from any other mooring or float by a
minimum distance of fifty (50) feet.
Section 5-2-6. Variances.
Any person desiring to erect or increase the height or size of any structure not in accordance with the
regulations prescribed in this Article may apply for a variance from these regulations in accordance
with Article III, Permits and Applications, of this Ordinance.11
Division 3. Floodplain Overlay District (FOD).12
Section 5-3-1. Purpose and Intent.
The purpose of the FOD is to prevent the loss of life and property, the creation of health and safety
hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary
expenditure of public funds for flood protection and relief, and the impairment of the tax base.
Section 5-3-2. Regulations.
Regulations for all use, activities and development in floodplain areas as designated on the official
Flood Insurance Rate Map (FIRM) shall be controlled by Chapter 23, Flood Plain Management, of the
Pittsylvania County Code.
Division 4. Airport Overlay District (AOD).13
Section 5-4-1. Purpose and Intent.
(A) Purpose. The purpose of this section is to regulate and restrict land development and the use of
property in the vicinity of the Danville Regional Airport through the establishment of the Airport
Overlay District.
(1) Land development which constitutes an airport hazard endangers the lives and property of the
users of the airport and of the occupants of land in its vicinity.
(2) Airport hazards in effect reduce the size of the area available for landing, take-off, and
maneuvering of aircraft, therefore tending to destroy or impair the utility of and public
investment in the Danville Regional Airport.
(3) Accordingly, it is declared necessary in the interest of the public health, safety, and general
welfare of the citizens of Pittsylvania County, that the prevention of hazards shall be
accomplished by the application and enforcement of special regulations relative to hazards
referred to in this Division.
11 Editor’s Note: This is a new regulation to address applications for variances for all structures within an LSOD.
12 Editor’s Note: This Division is proposed to replace Article IV, Division 2 of the current Ordinance.
13 Editor’s Note: Most of Division 4 is text is directly from Article IV, Division 4 of the current Ordinance. It has been
reorganized and simplified where possible for readability.
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(B) Intent. It is the intent of the AOD to regulate vertical encroachment obstructions within the airport
safety zone area and to regulate land uses within designated existing or projected airport noise
impact areas.
Section 5-4-2. Applicability.
These provisions shall apply to all parcels within the AOD, the boundaries of which are established on the
Pittsylvania County Zoning Map.
Section 5-4-3. General Regulations.
(A) Airport Safety Zones. Title 14 of the Code of Federal Regulation, Subchapter E (Airspace), Part 77.25
et seq., or in successor federal regulations, shall delineate the locations of airport safety zones
within the AOD. 14
(B) Permits. All Site Development Plans and applications for building permits, rezonings, variances, and
Special Use Permits within the AOD shall be reviewed by the Administrator to ensure compliance
with this Division and with applicable regulations enforced by the Federal Aviation Administration
(FAA) and the Virginia Department of Aviation.
(1) It shall be unlawful to construct, alter, repair, remove, or demolish, or to commence the
construction, alteration, removal, or demolition of a building or structure within the AOD
without first filing a Zoning Permit application in writing with the Administrator, as provided
for in Article III, Permits and Applications, of this Ordinance.15
(2) Any such application shall be so conditioned as to require the owner of the property or
structure in question, at their expense, to install, operate, and maintain such markings and
lights as may be deemed necessary by the Administrator, acting with the advice and
recommendation of the FAA and the manager of the Danville Regional Airport.
(3) Nothing in this Division shall prohibit the filing of an amendment or change to an application.
Any amendments shall be filed and processed in the manner of a new application.
(C) Nonconforming Uses, Lots, and Structures. Nothing in this Ordinance shall require changes in the
plans, construction, or designated use for a legally nonconforming use, lot, or structure, as
provided for in Article IX, Nonconforming Uses, Lots, and Structures, of this Ordinance.
(1) Notwithstanding the provisions of this Section, the owner of any existing valid nonconforming
use, lot, or structure shall permit the installation, operation, and maintenance thereon of
whatever markers and lights deemed necessary by the FAA, the Virginia Department of
Aviation, or the Administrator to indicate to operators of aircraft the presence of that airport
obstruction.
14 Editor’s Note: This is new text added to include reference to the federal regulations for airport safety zones.
15 Editor’s Note: The current Ordinance refers to a “zoning clearance” for new structures within an AOD. This is
outdated language; text has been updated to reflect what is occurring in practice.
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(i) Markers and lights shall be installed, operated, and maintained at the expense of the
owner of the nonconforming use, lot, or structure.16
Section 5-4-4. Development and Design Standards.17
(A) Where there is any conflict between the provisions or requirements of any of the AOD and those
of any underlying district, the more restrictive provisions shall apply. In addition to the
development standards specified in this Ordinance for underlying primary zoning districts, the
following additional standards shall apply in all AOD areas:
(1) Setbacks. All setbacks shall comply with the standards of the underlying zoning district, as
outlined in Article IV, Primary Zoning Districts, of this Ordinance.
(2) Height.
(i) No structure or building within an AOD shall exceed 40 feet in height.
(ii) No structure, building, tower, antenna, smokestack, chimney, overhead transmission line,
or any other object shall be erected, constructed, altered, or enlarged in such a manner as
to create a hazard or obstruction in the AOD.
(3) Fencing. All fences erected in the AOD shall comply with the standards of Article VIII,
Community Design Standards, of this Ordinance.
(4) Lighting. All lighting installed in the AOD shall comply with the standards of Article VIII,
Community Design Standards, of this Ordinance, in addition to applicable regulations of the
FAA.
(5) Signs. All signs erected in AOD districts shall comply with the standards of Article VIII,
Community Design Standards, of this Ordinance, in addition to applicable regulations of the
FAA.
(6) Parking and Loading Areas. All parking and loading areas in the AOD shall comply with the
standards of Article VIII, Community Design Standards, of this Ordinance.
(7) Landscaping. No landscaping in the AOD shall exceed 40 feet in height. All landscaping in the
AOD shall comply with the standards of Article VIII, Community Design Standards, of this
Ordinance.
(8) Erosion and Sediment Control. All development in the AOD shall adhere to the standards
required in Chapter 4, Buildings, of the Pittsylvania County Code.
Section 5-4-5. Use Regulations.
(A) Use Restrictions. No use is allowed within the AOD which:
(1) Creates electrical interference with radio communications between aircraft and the airport;
16 Editor’s Note: This is new text, included to clarify that property owners of nonconforming uses, lots, and structures
within an AOD are still required to comply with any local, state, or federal requirements for safety markers and lighting.
17 Editor’s Note: This is a new Section proposed for inclusion to address development and design standards for the
AOD.
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(2) Increases the difficulty of flyers to distinguish between airport lights and other lights;
(3) Results in glare in the eyes of pilots using the airport;
(4) Emits smoke which impairs visibility of the airport; or
(5) Otherwise endangers the landing, take-off, or maneuvering of aircraft.
(B) The following uses as established in Article VI, Use Matrix, of this Ordinance shall not be erected or
otherwise located in the AOD to protect the health, safety, and welfare of the public:18
(1) Commercial Indoor Recreation
(2) Dwelling, Multi-Family
(3) Education Facilities
(4) Group Home
(5) Hospitals
(6) Hotels
(7) Nursing Homes
(8) Park, Manufactured Home
(9) Recreation facilities
(10) Religious Assembly
(11) Store, Large, exceeding 150,000 gross square feet.
Section 5-4-6. Variances.
Any person desiring to erect or increase the height or size of any structure or vegetation not in
accordance with the regulations prescribed in this Article may apply for a variance from these
regulations in accordance with Article III, Permits and Applications, of this Ordinance.19
18 Editor’s Note: The uses prohibited within an AOD have not changed from the current Ordinance; however, the
names of the uses have been altered to match the new use names in Article VI.
19 Editor’s Note: This is a new regulation to address applications for variances within an AOD.
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ARTICLE VI. – Use Matrix.
Division 1. Uses Provided.
Section 6-1-1. Organization.
The Use Matrix organizes permitted uses by use zoning district, use categories, and use types. The Use
Matrix, Article VII, Use Performance Standards, and Article X, Definitions, of this Ordinance, together
provide a systematic basis for identifying and organizing uses and distinguishing unidentified uses to
determine whether a particular use is allowable in a particular zoning district.
(1) Use classifications. Use classifications identify broad general classifications of land use and
include agricultural uses; residential uses; public, civic, and recreational uses; commercial uses;
industrial uses; and miscellaneous uses.
(2) Use types. The specific use types identify the specific principal uses that fall within each use
classification.
(B) If a use’s definition states that the particular use is permitted as ancillary or accessory to another
use, a second Zoning Permit is not required for that ancillary or accessory use.
Section 6-1-2. Abbreviations in Use Matrix.
(A) Permitted Uses. “P” in a Use Matrix cell indicates that the use type in that row is allowed by-right
in the zoning district at the head of that column, subject to any Use Performance Standards of
Article VII of this Ordinance.
(B) Special Uses. “SUP” in a Use Matrix cell indicates that the use type in that row is allowed in the
zoning district at the head of that column only upon approval of a Special Use Permit, in accordance
with Article III, Permits and Applications, and subject to any Use Performance Standards of Article
VII of this Ordinance.
(C) Prohibited Uses. Blank cells in the Use Matrix indicate that the use type in that row is prohibited in
the zoning district at the head of that column.
Division 2. Uses Not Provided.
Section 6-2-1. Uses Not Provided.
(A) Any use that is not specifically listed as a permitted use or a Special Use is prohibited.
(B) The Administrator will determine whether an unlisted use is part of an existing use category or use
type as defined in Article X, Definitions, of this Ordinance. Upon determining the most similar use
type, the Administrator will treat the proposed use the same as the most similar use.
(C) If the Administrator determines that the proposed use is not similar to any listed use type, that use
is prohibited.
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Use
Primary Zoning Districts
Use Performance Standards A-1 R-E R-1 RC-1 RMF MHP B-1 B-2 M-1 M-2 RPD C-1
B = By-Right SUP = Special Use Permit Blank = Not Permitted
Agricultural
Agriculture B B
Agriculture, Intensive B 7-2-1
Agriculture, Residential B B B B B 7-2-2
Agritourism B B 7-2-3
Anaerobic Digester SUP
Greenhouse B B B B B
Processing Facility,
Small-Scale SUP B B SUP 7-2-4
Slaughterhouse SUP SUP
Stable, Commercial B SUP 7-2-5
Stable, Private B SUP B 7-2-6
Wayside Stand B B B 7-2-7
Residential
Bed and Breakfast SUP SUP B SUP 7-3-1
Day Care, Family Home
(1-4 Children) B B B B B B B
Day Care, Family Home
(5-12 Children) B B SUP SUP SUP
Dwelling, Accessory B B B B B B 7-3-2
Dwelling, Manufactured
Home B B B 7-3-3
Dwelling, Multi-Family B B 7-3-4
Dwelling, Single-Family B B B B B B B
Dwelling, Two-Family B B B
Table VI-1. Use Matrix.
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Use
Primary Zoning Districts
Use Performance Standards A-1 R-E R-1 RC-1 RMF MHP B-1 B-2 M-1 M-2 RPD C-1
B = By-Right SUP = Special Use Permit Blank = Not Permitted
Dwelling, Townhouse B B B 7-3-5
Family Health Care
Structure, Temporary B B B B B B B 7-3-6
Group Home B B B B B B B
Halfway House SUP SUP
Home Occupation, Class
A B B B B B B B B 7-3-7
Home Occupation, Class
B B SUP SUP SUP B 7-3-8
Life Care Facility SUP SUP SUP B B SUP1
Manufactured Home
Park B
Shelter, Residential SUP SUP
Short-Term Rental B B B/SUP B B 7-3-9
Public, Civic, and Recreational
Airport, Public SUP SUP SUP
Amateur Radio Tower B B B B B
Camp SUP SUP 7-4-1
Campground SUP SUP 7-4-2
Campground, Primitive SUP SUP 7-4-3
Cemetery B B B B
Club B SUP SUP B B B B 7-4-4
Community Center SUP SUP SUP SUP SUP B B SUP SUP
Conservation Area B B B B
1 Editor’s Note: As a result of Ordinance amendments adopted by the Board on 8/15, updated to allow Life Care Facilities through SUP in RPD.
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Use
Primary Zoning Districts
Use Performance Standards A-1 R-E R-1 RC-1 RMF MHP B-1 B-2 M-1 M-2 RPD C-1
B = By-Right SUP = Special Use Permit Blank = Not Permitted
Educational Facility,
College, University,
Business, or Trade
SUP B SUP
Educational Facility,
Primary or Secondary SUP SUP SUP B B SUP
Park B B B B B B B B B B
Public Use B B B B B B B B B B B B
Recreational Facility,
Private SUP B B B
Recreational Facility,
Public B B B B
Religious Assembly B B B B B B B B B B
Shelter, Animal B B B
Telecommunications
Facility SUP SUP SUP SUP 7-4-5
Telecommunications
Facility, Small-Cell B B B B B B B B B B B B 7-4-6
Utility Service, Major SUP SUP SUP SUP SUP SUP 7-4-7
Utility Service, Minor B B B B B B B B B B B B 7-4-8
Wildlife Preserve B B
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Use
Primary Zoning Districts
Use Performance Standards A-1 R-E R-1 RC-1 RMF MHP B-1 B-2 M-1 M-2 RPD C-1
B = By-Right SUP = Special Use Permit Blank = Not Permitted
Commercial
Adult Use SUP 7-5-1
Auction House SUP SUP B
Brewery or Distillery,
Micro- B B B B
Car Wash B B B 7-5-2
Catering Services B B
Construction Material
Sales B B
Crematories B B
Day Care Center SUP SUP SUP SUP B B B
Event Venue SUP SUP B 7-5-3
Farmer's Market B B B B B
Funeral Home SUP B B
Gasoline Stations SUP B B B B 7-5-4
Hospitals B B
Hotel or Motel B B SUP2
Kennel, Commercial SUP SUP B 7-5-5
Manufactured/Mobile
Home Sales B B
Marina SUP B B SUP SUP 7-5-6
Mini Warehouse SUP B B
Office, General B B B
Office, Medical/Clinic B B
Outdoor Sales, Seasonal B B 7-5-7
2 Editor’s Note: As a result of Ordinance amendments adopted by the Board on 8/15, updated to allow Hotel or Motel through SUP in RPD.
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Use
Primary Zoning Districts
Use Performance Standards A-1 R-E R-1 RC-1 RMF MHP B-1 B-2 M-1 M-2 RPD C-1
B = By-Right SUP = Special Use Permit Blank = Not Permitted
Personal Services B B B SUP
Raceway SUP SUP SUP
Recreation/Amusement,
Indoor B B
Recreation, Outdoor SUP B B B 7-5-8
Recreational
Entertainment, Outdoor SUP SUP SUP
Recreational Vehicle
Storage Facility SUP B B 7-5-9
Restaurant, General B B B
Restaurants, Mobile B B B B B B B B B B B B 7-5-10
Shooting Range,
Outdoor SUP SUP
Special Event SUP SUP SUP 7-5-11
Store, Convenience SUP B B B SUP 7-5-12
Store, Large B B B SUP3
Store, Small B B B SUP4
Tradesperson Service B B B 7-5-13
Truck Stop SUP SUP B 7-5-14
Vehicle Repair Service SUP SUP B B 7-5-15
Veterinary Hospital SUP B B 7-5-16
Winery, Micro- B B
3 Editor’s Note: As a result of Ordinance amendments adopted by the Board on 8/15, updated to allow Store, Large through SUP in RPD.
4 Editor’s Note: As a result of Ordinance amendments adopted by the Board on 8/15, updated to allow Life Care Facilities through SUP in RPD.
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Use
Primary Zoning Districts
Use Performance Standards A-1 R-E R-1 RC-1 RMF MHP B-1 B-2 M-1 M-2 RPD C-1
B = By-Right SUP = Special Use Permit Blank = Not Permitted
Industrial
Battery Storage Facility SUP SUP SUP 7-6-1
Brewery or Distillery B B
Construction Yard B B B
Data Center SUP SUP 7-6-2
Hazardous Materials,
Manufacturing, Storage,
and Distribution
SUP
Junkyard/Salvage Yard SUP 7-6-3
Laboratory, Research,
and Development SUP B B
Laundry Service,
Commercial B
Manufacturing, Heavy B
Manufacturing, Light B B
Manufacturing, Small-
Scale B B B
Mining; Minerals
Extraction & Processing SUP SUP SUP 7-6-4
Oil/Gas Exploration SUP SUP 7-6-5
Power Station SUP 7-6-6
Recycling Facility SUP SUP B
Sawmill or Planing Mill,
Permanent SUP B B
Sawmill, Temporary B B B B 7-6-7
Truck/Freight Terminal B B
Warehousing and
Distribution SUP B B
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Use
Primary Zoning Districts
Use Performance Standards A-1 R-E R-1 RC-1 RMF MHP B-1 B-2 M-1 M-2 RPD C-1
B = By-Right SUP = Special Use Permit Blank = Not Permitted
Miscellaneous
Accessory Structure B B B B B B B B B B B B 7-7-1
Boathouse B B B B B B B B 7-7-2
Construction Building or
Yard, Temporary B B B B B B B B B B B B 7-7-3
Kennel, Private B B B B 7-7-4
Mixed-Use Structure B B B 7-7-5
Outdoor Display B B SUP SUP 7-7-6
Outdoor Storage B SUP SUP B B 7-7-7
Parking, Off-Site B B B B
Piers, Private B B B B B B B B 7-7-8
Residential Yard Sale B B B B B B B B 7-7-9
Solar Energy Facility,
Large-Scale SUP SUP SUP B B 7-7-10
Solar Energy Facility,
Small-Scale B B B B B B B B B B B B 7-7-11
Solar Energy Facility,
Utility-Scale SUP SUP SUP 7-7-12
Transportation Services SUP B B B SUP
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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) 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.
(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.
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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(2) 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.
(3) 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
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.
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(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;
(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.
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Section 7-2-2. Agriculture, Residential.5
(A) Applicability.6
(1) The following standards apply, with exception of (B), below:
(i) The keeping of livestock animals as a residential agriculture use on lots of less than 5 acres,
as permitted in Article VI, Use Matrix, of this Ordinance, shall comply with (C), (D), and (E)
of this Section.
(ii) The keeping of livestock animals as a residential agriculture use on 5or more acres in the
R-E, R-1, and MHP districts shall only be permitted through administrative approval, in
accordance with Article III, Permits and Applications, of this Ordinance.
(B) Exception.
(1) The keeping of livestock animals on 5 or more acres in the A-1 and C-1 districts 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.
(C) 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 be an animal of any size, except nursing
juveniles, and shall consist of domestic or domesticated animals/fowl based on the following:7
(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) caprinae animals (goats, sheep);
(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).
(D) Lot Area.8 There shall be a minimum of 1 acre per animal unit.
5 Editor’s Note: The threshold for residential agriculture has been reduced from 10 acres to 5 acres based on County
staff feedback.
6 Editor’s Note: Changes have been made to reflect feedback from County staff and the local office of the Virginia
Cooperative Extension. See Attachment F, Topic Memos, for additional information.
7 Editor’s Note: Animal unit equivalents are based on best practice.
8 Editor’s Note: Recommended minimum to ensure animal safety and welfare.
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(E) General Standards. 9 10
(1) Different combinations of domesticated animals/fowl may be kept on the same property, so
as long as the total number of animal units does not exceed the maximum permitted.
(2) Animal units may be halved but shall not be further divided.
(3) In calculating the maximum number of animal units permitted on a lot, if the maximum number
is a fraction, the maximum number permitted shall be rounded down to the nearest whole
number.
Figure VII-1. Residential Agriculture Standards.11 12
Table VII-1. Example of Determining Residential Agriculture Permissions.13
District Acres Animals Desired Number of Animals that Meet
Maximum Permitted
9 Editor’s Note: As a result of staff feedback, (3), (4), and (5) have been added to provide greater clarity for
maximum permissions and for determining the number of animal units that may be kept on a property.
10 Editor’s Note: Changes have been made to reflect feedback from County staff and the local office of the Virginia
Cooperative Extension.
11 Editor’s Note: As a result of feedback during the 6/8 worksession, this figure has been added to help explain
residential agriculture standards.
12 Editor’s Note: This graphic, along with Table VII-1, has been updated for the final draft Ordinance based on final
approval of updated chapter regulations.
13 Editor’s Note: As a result of feedback during the 6/8 worksession, this table has been added to help explain
residential agriculture standards.
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Information
from Property
Owner
Primary
residence is in
R-1
5 acres for
animal keeping
Would like to have
chickens and pigs
One acre required per animal
unit = maximum of five (5) animal
units permitted
Permitted by
Ordinance
Permitted
administratively
in R-1
1 acre required
for each animal
unit
One acre required per
animal unit
1 animal unit = 16
chickens
1 animal unit = 2 pigs
30 chickens maximum,
per 7-2-2(F)(2)
Examples of Possible
Combinations:
30 chickens & 2 pigs
16 chickens & 8 pigs
30 chickens & 6 pigs
Note: The information in this table is an example reflecting a hypothetical situation and should not be interpreted to apply to all
instances of residential agriculture.
(F) 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.
(G) Bees.
(1) Lot Area.
(i) 2 hives permitted with a minimum 15,000 sq. ft. of lot area.
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(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.
(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 5 acres of land in active agricultural production on-site, or on any abutting
lot under the same ownership.14
(ii) At least 1 growing season per calendar year.
(B) Trip Generation.15 The event or activity shall generate no more than 250 visitor vehicle trips per day
and each event or activity shall have 500 or fewer attendees at any single time.
14 Editor’s Note: Minimum acreage for agritourism reduced from 10 acres to 5 acres based on County staff feedback.
15 Editor’s Note: Based on feedback from the 6/8 worksession, the number of visitor vehicle trips per day and the
number of attendees at any point in time have been increased to 250 and 500, respectively.
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(1) Events or activities that generate more than 250 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.
(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.
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(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.
(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.16
(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.17
16 Editor’s Note: This requirement is included in Section 35-114 of the current Ordinance.
17 Editor’s Note: This requirement is included in Section 35-114 of the current Ordinance.
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(3) Pens, stalls, and grazing areas shall be maintained in a sanitary manner.
Section 7-2-7. Wayside Stands.18
(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.
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 record of all patrons, including their name,
address, and their length of stay. The record shall be kept for twelve months after conclusion
of the patron’s stay and made available to law enforcement or the Administrator 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.
18 Editor’s Note: Proposed to replace Section 35-130 of the current Ordinance.
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(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 20 ft.19
(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.
19 Editor’s Note: This distance has been increased to 20 ft. per County staff direction.
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(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.20
(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.
(ii) No detached accessory dwelling shall be located in a front setback or within the front yard
of a lot.
(E) Design Standards.21
(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.22
(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.
20 Editor’s Note: These regulations are included in Section 35-74.2 of the current Ordinance.
21 Editor’s Note: (1), (2), and (3) are included in Section 35-74.2 of the current Ordinance; they have been amended
for clarity.
22 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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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.
(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.23 Each townhouse unit shall have unencumbered access from a dedicated public
street that is built to Virginia Department of Transportation standards.
23 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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(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.
(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.
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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.
(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.24
(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.
24 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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(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.
(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 9225 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 property used as a short-term rental, or lessee of
the property used as short-term rental unit with a lease agreement that is one year or greater
in length, who occupies the property as their principal place of residence and domicile. In
determining compliance with these regulations, the host has the burden of demonstrating
ownership of the dwelling unit; if the host is a lessee, the lessee shall then provide proof of
residence, as deemed necessary by the County Commissioner of the Revenue.
(4) Residential dwelling unit. A residence where one or more persons maintain a household.
(B) Registration and record keeping.
(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:
25 Editor’s Note: The day-limit aligns with that which is provided in Code of Virginia § 58.1-3510.4.
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(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.
(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.
(5) The host of a short-term rental shall maintain a record of all patrons, including their name,
contact information, and their length of stay. The record shall be kept for twelve months after
conclusion of the patron’s stay and made available to law enforcement or the Administrator
upon request.
(C) Permits. A Special Use Permit, in accordance with Article III, Permits and Applications of this
Ordinance, shall only be required for a short-term rental in the R-1 district if the dwelling unit is
not legally occupied by the property owner as their primary residence, in accordance with Code of
Virginia § 15.2-983, as amended.26
(D) 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 9227 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.
(8) The following shall apply for short-term rentals that do not have access to public sewer:28
26 Editor’s Note: This language has been updated to align with new revisions to Code of Virginia § 15.2-983 that will
take effect on July 1, 2024.
27 Editor’s Note: This timeframe aligns with what is permissible under Code of Virginia § 58.1-3510.4.
28 Editor’s Note: Per County staff request, (8) has been added to ensure occupancy of a short-term rental does not
overwhelm septic tanks and drainfields. This is a best practice and similar to requirements used in other Virginia
localities.
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(i) Prior to commencement of operations, the host shall obtain permits from the health
department specifying the number of bedrooms for which the supporting septic system
was designed.
(ii) Occupancy of the short-term rental shall not exceed two persons over the age of five (5)
per bedroom.
(iii) Maximum occupancy shall be determined by the number of bedrooms specified on health
department permits.
(E) 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
(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.
(F) 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.
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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.
(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.29
(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.
29 Editor’s Note: The minimum lot area is the same as that included in Section 35-138(2) of the current Ordinance.
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(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.30
(1) The campground operator shall maintain a record of all patrons, including their name, address,
license plate number and state, and their length of stay. The record shall be kept for twelve
months after conclusion of the patron’s stay and made available to law enforcement or the
Administrator upon request.
(2) Patrons in campgrounds may stay no longer than 180 nights in any one calendar year.31
(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.32
(F) Water Supply. An adequate supply of water shall be furnished in accordance with Virginia
Department of Health standards.33
(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.34
(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.35
30 Editor’s Note: Changes have been made to reflect community feedback received during the public open house on
December 14, 2023. See Attachment F, Topic Memos, for additional information.
31 Editor’s Note: Based on research of campground regulations from other Virginia localities, Berkley Group and
County staff recommend a 180-night stay maximum.
32 Editor’s Note: Included in Section 35-138(4) of the existing Ordinance but modified for clarity.
33 Editor’s Note: Included in Section 35-138(4)(b) of the existing Ordinance but modified for clarity.
34 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.
35 Editor’s Note: Changes have been made to reflect community feedback received during the public open house on
December 14, 2023. See Attachment F, Topic Memos, for additional information.
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(1) Interior campground roads and access to individual sites shall consist at a minimum of an all-
weather gravel surface.
(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.36
(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.
(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 once weekly and transported from the
campground. The owner of the campground shall be responsible for providing trash collection
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.
36 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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(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.37
(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.
(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.
37 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) 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.
(C) Location Preference38. 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.
38 Editor’s Note: This list can be amended and rearranged to the preference of the County, or altogether removed.
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(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.
(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.
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(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.
(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.
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(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.
(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.
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(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
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.
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(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.
(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.
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(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
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.
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(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
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.
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(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.
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
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general public health, safety, and welfare, shall be required by the Administrator to be removed
within a reasonable time period.39
(F) Landfills.40
(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.
(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.
39 Editor’s Note: Standard included in Section 35-123 of the current Ordinance.
40 Editor’s Note: Standards for landfills included in Section 35-125 of the current Ordinance.
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(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.
(D) Measurements of Distance41. 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.
41 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.
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(F) Signs42.
(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.
(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.
42 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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Section 7-5-3. 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.
(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.
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Section 7-5-4. 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.
(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.
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(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 7-5-5. 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 7-5-6. 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.
(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 7-5-7. Outdoor Sales, Seasonal.
(A) Permits.
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(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 7-5-8. 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.43
(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.
(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.
43 Editor’s Note: Standards included in Section 35-118 of the current Ordinance.
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(E) Swimming Pools.44
(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 7-5-9. 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.
Section 7-5-10. 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 maintain a valid health permit issued by the Virginia Department of
Health.
(2) Mobile restaurants shall comply with all applicable requirements of the Pittsylvania County Fire
Marshal’s Office.
(3) 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.
44 Editor’s Note: Standards included in Section 35-127 of the current Ordinance.
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(4) 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.
(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.
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(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 7-5-11. 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) Hours of Operation. All special events shall be limited to 8:00 a.m. and 11:59 p.m., seven days a
week.45
(D) 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.
(E) 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) Travel lanes and parking areas shall be sufficient width to accommodate emergency
services vehicles.
(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.
(G) Occupancy Limitations. Occupancy limits shall comply with all local and state laws.
Section 7-5-12. 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.
45 Editor’s Note: As a result of feedback from the 6/8 worksession, requirements for hours of operation have been
added to prevent adverse impacts of noise and parties on nearby properties.
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(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 7-5-13. 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 7-5-14. Truck Stop.
(A) Minimum Lot Area
(1) All truck stop sites shall be a minimum of ten acres.
(B) Location and Dimensional Requirements.
(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.
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(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.
(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 7-5-15. Vehicle Repair Service.
(A) Development Standards.
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(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.
(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.
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(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 7-5-16. 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.
(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”).
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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
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.
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(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.46 All applications and site development plans 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;
(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.
46 Editor’s Note: Per County staff, language has been added to clarify that a decommissioning plan is required both as
part of the initial application and as part of final site plan review and approval.
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(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
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.
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(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.
(H) Noise Testing.47 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
47 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.
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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.48
(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.49
(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.50
(A) Setbacks.
(1) No mining or minerals extraction operation shall be conducted within 200 ft. of a property line.
48 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.
49 Editor’s Note: This standard is included in Section 35-120 of the current Ordinance.
50 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) 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.
(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.
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(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.
(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:
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(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.
(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:
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(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.
(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.
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(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.
(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.
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(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. Power Station.51
(A) Purpose and Intent.
(1) The purpose of this Section is to outline the process and requirements for the construction,
installation, and operation of power stations that ensures the protection of health, safety, and
welfare, while also avoiding adverse impacts on County resources.
(2) The intent of this Section is to allow power stations in a manner that promotes the generation
of electric power for offsite consumption while limiting and mitigating impacts on natural
resources and existing residential, commercial, historical, cultural, and recreational uses of
property, or the future development of such uses of property within Pittsylvania County.
(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 power
stations.
(B) Compliance. All power stations shall fully comply with all applicable local, state, and federal
regulations.
(C) 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.
(D) Height Limits. The maximum height for the facility, including combustion turbine stacks, shall be up
to 170 feet, as measured from grade.
(1) 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.
(E) Base Setbacks.
(1) All fences and ancillary equipment/buildings, including storage tanks, shall be at least 250 ft.
from any property line.
(2) All principal structures shall be at least 500 ft. from any property line.
(i) No principal structure shall be located within 1,000 ft. of any existing residential structure.
(3) Power stations that are located on contiguous lots, shall not have minimum setbacks for
interior, or abutting, lot lines.
51 Editor’s Note: The introduction of “power station” as a use with performance standards was requested by County
staff and is new as of June 2024. The performance standards listed here are based on best practices, as guided by
similar conditions for other facilities in Virginia, performance standards for utility-scale solar energy facilities, and
guidance from the Federal Energy Regulatory Commission (FERC). The County may add additional conditions as
deemed appropriate through the Special Use Permit process.
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(F) Location Standards.
(1) Wetlands, waterways, and floodplains shall be avoided.
(2) Power station facilities shall not be located on non-contiguous lots.
(G) Buffer.
(1) A buffer shall be located within the setbacks required under this Section and shall run the
entirety of property lines that are:
(i) Adjacent to a public road; and
(ii) Adjacent to any parcels not industrially zoned.
(2) Existing forest resources shall be preserved by maintaining natural buffers whenever possible.
(3) Power station buffers 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.
(H) Coordination of Local Public Safety Services.
(1) 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.
(i) All access roads shall be wide enough to accommodate safe ingress and egress of
emergency vehicles.
(2) At time of Site Development Plan submission, applicant shall provide a security plan to the
Pittsylvania County Sheriff’s Office that details any measures utilized in the security of the
facility, such as security personnel staffing, vehicular site access controls, building access
controls and security alarms, video surveillance system specifications, fencing details, and/or a
photometric plan.
(I) Maintenance. The owner or operator shall maintain the power station 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 power station and access roads, and the cost of repairing damage to
private roads occurring as a result of construction and operation.
(J) Noise. During operation, a power station shall not produce a noise level that exceeds 55 dBA as
measured from the exterior of the nearest existing school, hospital, or residential dwelling unit.
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(K) Lighting. All lighting used for the facility, including security lighting, shall comply with Article VIII,
Community Design Standards, of this Ordinance.
(L) 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 constructed so as to substantially lessen the likelihood of entry by
unauthorized individuals.
(5) A performance bond reflecting the costs of anticipated security fence maintenance shall be
posted and maintained.
(6) The location of security fencing shall be shown on the Site Development Plan submitted.
(M) Additional Standards.
(1) Signage. No signage of any type may be placed on the facility other than notices, warnings, and
identification information required by law.
(i) Signage shall not exceed 40 sq. ft. displaying the facility name, address, and emergency
contact information, unless additional signage is required by state or federal law.
(ii) Warning signage shall be placed to the extent appropriate or legally required.
(iii) Signage on the property shall not be used for displaying any advertising except for
reasonable identification of the manufacturer or operator of the power station.
(2) Transmission Lines. 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.
(3) Design. 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.
(4) Siting. Due to the high-water demand, power stations shall be connected to public water if a
water-based cooling system is utilized.
(N) Inspection.
(1) Power generated by the power station 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.
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(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.
(O) Application Requirements. In addition to all applicable requirements of Article III, Permits and
Applications, of this Ordinance, applications for power stations 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 and what will be expected during
the construction and initial operation processes.
(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.
(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) Project Narrative. 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; and
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(f) How and where the electricity will be transmitted, including the location of the
proposed electrical grid interconnection.
(4) 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 power stations 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 power station 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.
(6) Community Impact Assessment. An assessment of the impact on the immediate vicinity of the
proposed power station 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.
(iv) The community impact assessment shall be in addition to any analyses or reports
required by state or federal law.
(7) Environmental Impact Assessment. A statement regarding any site and viewshed impacts,
including direct and indirect impacts to national or state forests and grasslands, national or
state parks, County parks, wildlife management areas, conservation easements, or recreational
areas, on or within 3 miles of the proposed facility.
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(i) 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.
(ii) The inventory and mapping of floodplain shall not be construed to allow development
within regulatory flood plain areas.
(8) Traffic Study.
(a) Information about the proposed facility’s traffic impacts, modeling both the
construction and operations processes, to include:
(b) The time of day that transport will occur;
(c) Characteristics of the loaded vehicles, including:
(d) Length, height, width, curb weight;
(e) Maximum load capacity;
(f) Number of axles, including trailers; and
(g) Distance between axles.
(h) The number of vehicles transporting goods;
(i) The frequency of vehicle arrival at the site; and
(j) The number of drivers the project will employ.
(k) The haul route(s) shall be provided and approved for construction impacts.
(ii) 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.
(9) 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:
(i) Existing and proposed contours;
(ii) Locations and amount of topsoil to be stripped and stockpiled onsite (if any);
(iii) Percent of the site to be graded;
(iv) An earthwork balance achieved on-site with no import or export of soil; and
(v) Indication of natural flow patterns in drainage design and amount of impervious surface.
(10) Landscaping Plan.
(i) The Landscape Plan shall be prepared by a certified landscape architect or other qualified,
licensed person.
(ii) The Landscaping Plan shall indicate:
(a) All ground cover, screening and buffering materials, landscaping, and elevations.
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(b) 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.
(c) Ground cover shall be native vegetation where compatible with site conditions.
(d) Maintenance requirements.
(P) Decommissioning.
(1) All applications and Site Development Plans for a power station shall require a
decommissioning plan, as provided in (Q), below.
(2) Power stations 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 power station fails to decommission the facility in accordance with the
requirements of the decommissioning 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 decommission the facility.
(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
power station in accordance with the decommissioning plan or resume regular operation
within 30 days.
(Q) Decommissioning Plan.
(1) All decommissioning plans shall be certified by an engineer or contractor with demonstrated
expertise in power station decommissioning, and shall include the following:
(i) The anticipated life of the facility;
(ii) An estimated decommissioning 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.
(vi) The owner shall deposit the required amount into the approved escrow account before
any building permit is issued to allow construction of the power station.
(vii) 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 decommissioning plan. The County may approve
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the partial release of the bond as portions of the approved decommissioning plan are
performed.
(viii) The dollar amount of the bond shall be the full amount of the estimated
decommissioning cost without regard to the possibility of salvage value.
(ix) 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) Hazardous material from the property shall be disposed of in accordance with federal and state
law.
Section 7-6-7. Sawmill, Temporary.
(A) Setbacks.52
(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.
(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.
52 Editor’s Note: 7-6-8(A) is included in Section 35-126 of the existing Ordinance.
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(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.
(4) Accessory structures shall be setback at least 15 ft. from the principal structure.53
(C) Permanent Portable Storage Containers.
(1) Where Permitted. Permitted in agricultural districts only. Prohibited in residential, commercial,
industrial, and planned development districts.
(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.
53 Editor’s Note: This provision has been added as a result of discussion with staff. This provision is included in
Section 35-74 of the current Ordinance.
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(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.
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.54
(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.
54 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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(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.
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.55
(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.
55 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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(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.
(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.
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(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.
(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.56
(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,
56 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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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.
(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.
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(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
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. All ingress and egress roads shall be constructed and
maintained wide enough to accommodate safe ingress and egress of emergency vehicles.
(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 roads, 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.
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(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.
(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.
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(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.
(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.
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(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;
(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.
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(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.
(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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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.
(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.57
57 Editor’s Note: Standards included in 35-141(A) of the existing Ordinance; they have been reworded for clarity.
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(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.58 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:
(i) The lowest surface of any panel shall be a maximum of 3 ft. above the finished grade on
which the panel is located.59
(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.60
(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
58 Editor’s Note: Standard included in 35-141(A) of the existing Ordinance; reworded for clarity.
59 See above.
60 See above.
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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.
(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.61 62
(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.
61 Editor’s Note: All amendments to the solar ordinance adopted by the Board of Supervisors in March 2023 have
been included in this Section.
62 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.
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(B) Compliance.63
(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. 64
(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.65
(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.
63 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.
64 Editor’s Note: Standard included in Section 35-141(C) of the current Ordinance.
65 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.
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(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.66
(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.67
(1) Any tie lines shall be located and buffered to block visibility from public roads or other right-
of-way.
(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.68 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
66 Editor’s Note: Setbacks for both fences/ancillary structures and panels have been increased by 50 ft. each.
67 Editor’s Note: (4) is an existing standard in Section 35-141(C) of the current Ordinance; (1), (2), and (3) are proposed
additions.
68 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.
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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.
(2) All access roads to the utility-scale solar facility shall be wide enough to accommodate safe
ingress and egress of emergency vehicles.69
(K) Noise.70 During operation, a utility-scale solar facility shall not produce noise levels that exceed the
following dBA measurements:
(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.
69 Editor’s Note: Based on feedback from the 6/8 worksession, language has been added to require safe access for
emergency vehicles. Additional conditions for access can be added on a case-by-case basis, if deemed necessary by
the County.
70 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
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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(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.
(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.71 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;
71 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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(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.
(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.72 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.
72 Editor’s Note: Regulation is currently included in Section 35-141(D) of the current Ordinance.
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(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.
(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.73 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 Narrative74. 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;
73 Editor’s Note: Standard included in Section 35-141(C) of the current Ordinance; the Code of Virginia reference has
been added for clarity.
74 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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(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.
(6) Visual Impact Analysis.75 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;
75 Editor’s Note: Replaces the viewshed protection plan currently required in Section 35-141(D).12, adding additional
requirements for impact analysis.
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(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.76 A statement regarding any site and viewshed impacts,
including direct and indirect impacts to national or state forests and grasslands, national or state
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.
76 Editor’s Note: Required in Section 35-141(D) of the current Ordinance; text has been amended for clarity.
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(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:
(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.77
77 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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(1) All applications and site development plans for a utility-scale solar energy facility shall require
a Decommission and Reclamation plan, as provided in Section 7-7-12(BB), below.78
(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.
(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.
78 Editor’s Note: Per County staff, language has been added to clarify that a decommissioning plan is required for both
initial applications and site development plans.
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(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.
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ARTICLE VIII. Community Design Standards.1
Division 1. Visibility Clearance.
Section 8-1-1. General.2
(A) For protection against traffic hazards, no planting,
sign, structure, or other impediment to visibility
greater than 3 ft. in height shall be erected,
placed, allowed to grow, or maintained within a
visibility triangle on any corner lot.
(B) The apex of the triangle shall be at the
intersection of the Virginia Department of
Transportation (VDOT) or other designated right-
of-way lines (extended in the case of rounded
corners), the sides being 20 ft. in length along the
right-of-way lines, and the base of the triangle
running through the lot.
(C) Exemptions. Where terrain features present
substantial obstacles to provision and
maintenance of such sight distance, the
Administrator may, subject to the final approval
of VDOT, permit the provision of maintenance of
lesser visibility clearance.
(1) Such clearance approved shall be the maximum allowable to reasonably maintain and ensure
the safety of road users.
Division 2. Lighting.
Section 8-2-1. Purpose and Intent.
(A) The purpose of this Division is to:
(1) Permit the use of exterior lighting at the minimum level necessary for nighttime safety, utility,
security, productivity, enjoyment, and commerce;
(2) Ensure exterior lighting does not adversely impact land uses on adjacent land by minimizing
light trespass, obtrusive light, and glare;
1 Editor’s Note: Unless otherwise noted, the community design standards proposed in this Article are new additions
and not included in the current Zoning Ordinance.
2 Editor’s Note: Section 8-1-1 is proposed to replace Section 35-52 of the existing Ordinance. Language has been
modified, with the illustration and additional language added, for complete clarity.
Figure VIII-1. Visibility Clearance.
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(3) Curtail light pollution, reduce sky glow, and preserve the nighttime environment for
astronomy, wildlife, and enjoyment of residents and visitors; and
(4) Ensure security for persons and property.
Section 8-2-2. Applicability.
(A) General. Unless exempted by (B), below, the standards of this Division shall apply to:
(1) All commercial zoning districts, industrial zoning districts, the RMF Residential Multifamily
District, the RPD Residential Planned Development District, and any property located within
any zoning district that is used for non-residential purposes through a permitted use or a
Special Use Permit, and
(2) To the maximum extent practicable, redevelopment of an existing structure, building, parking
lot, or use when it is expanded, enlarged, or otherwise increased in intensity equivalent to or
beyond 50% of its existing state.
(B) Exemptions. The following are exempted from the exterior lighting standards of this Article:
(1) Lighting within a public right-of-way or easement that is used principally for illuminating a
roadway;
(2) Lighting for single- and two-family residential development;
(3) Lighting for agricultural uses;
(4) Lighting exempt under State or Federal law;
(5) Lighting for public monuments and statuary;
(6) Lighting that is required under the Uniform Statewide Building Code;
(7) Construction lighting, provided the lighting is temporary and discontinued upon completion of
the construction activity each day;
(8) Emergency, or holiday decorative lighting, provided such lighting does not create unsafe glare
on street rights-of-way;
(9) Temporary lighting for circuses, fairs, carnivals, theatrical, and other performance areas,
provided such lighting is turned off not more than 1 hour after the last performance/event of
the day and discontinued upon completion of the final performance/event;
(10) Security lighting, provided it is directed downward, does not glare onto adjacent property, and
is controlled and activated by motion sensor devices for a duration of 15 minutes or less, unless
it can be demonstrated otherwise that there is a need for constant security lighting;
(11) Lighting for flags of the United States of America or the Commonwealth of Virginia, or any
department, division, agency or instrumentality thereof, and other noncommercial flags
expressing constitutionally protected speech;
(12) Architectural lighting of 40 watts incandescent or less;
(13) Field lighting for an outdoor athletic facility, provided such lighting is directed and falls within
the primary playing area and is turned off at the end of the sports event;
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(14) FAA-mandated lighting associated with a utility tower or airport; and
(15) The replacement of a failed or damaged luminaire that is one of a matching group serving a
common purpose installed prior to the adoption of this Division.
(C) Conformance with All Applicable Codes. All outdoor lighting shall be installed in accordance with
the provisions of this Ordinance, applicable Electrical and Energy Codes, and applicable sections of
the Building Code.
(D) Time of Review. Review for compliance with the standards of this Division shall occur as part of the
review of an application for a Site Development Plan, Residential Planned Development, Zoning
Permit, Special Use Permit, or Variance.
(E) Signs. Lighting for signage shall be governed by the standards set forth in Division 6, Signs, of this
Article.
Section 8-2-3. Standards.
(A) Hours of Illumination. Public/civic/recreational uses, commercial uses, and industrial uses (as
identified in Article VI, Use Matrix, of this Ordinance) that are adjacent to existing residential
development or residential zoning districts shall extinguish all exterior lighting, except lighting
necessary for security or emergency purposes, within 1 hour after closing and shall not turn on
such lights until within 1 hour of opening.
(1) For the purposes of this subsection, lighting necessary for security or emergency purposes shall
be construed to mean the minimum amount of exterior lighting necessary to illuminate
possible points of entry or exit into a structure, to illuminate exterior walkways and parking
areas, or to illuminate outdoor storage areas. Lighting activated by motion sensor devices is
encouraged for these purposes.
(B) Uniformity. Outdoor luminaires shall be of uniform style for each project site and conform to the
design of the project.
(C) Shielding. Each outdoor luminaire subject to these outdoor lighting requirements shall be dark sky
compliant with a full cutoff luminaire and aimed and controlled such that light is directed inward
to the property and confined to the object intended to be illuminated. Directional control shields
shall be used when necessary to limit stray light and prevent glare to adjacent properties and
vehicular public rights-of-way.
(D) Color Temperature. All exterior lights shall be 3,000 Kelvin light color temperature or less.
(E) Type. Low-pressure sodium vapor (LPS), high-pressure sodium vapor (HPS), or light emitting diode
(LED) lights shall be the preferred type of exterior site lighting.
(F) Maximum Illumination Levels. All lighting visible from outside, except for street lighting and
pedestrian area lighting, must be designed and located so that the maximum illumination at any
lot line abutting an agricultural district, residential district, dwelling, or any public right-of-way,
does not exceed 0.5 footcandles.
(G) Canopy Lighting. Light fixtures under any gasoline canopy or other structural canopy shall be
recessed into the canopy ceiling with a flat lens to prevent glare.
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(H) Window and Decorative Lighting.
(1) Window and decorative lighting as defined in Article X, Definitions, of this Ordinance:
(i) Shall not exceed the Kelvin light color temperature provided in (D), above.
(ii) Shall not flash, strobe, blink, or change color.
(I) Height. Any pole-mounted exterior lighting shall not exceed a height of 30 ft. in industrial districts
and 20 ft. in all other districts.
Section 8-2-4. Modifications and Compliance.
(A) Modifications of the lighting standards contained herein may be approved by the Administrator
upon a determination that the lighting is necessary for nighttime safety, utility, security,
productivity, and commerce and does not adversely impact pedestrians, traffic, or adjacent
properties.
(B) Modifications shall only be approved by the Administrator if the applicant proves the burden and
provides evidence to the above.
Figure VIII-1. Lighting Examples
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Division 3. Landscaping and Screening.
Section 8-3-1. Purpose and Intent.
(A) The purpose of this Division is to establish standards for landscape architecture, site design, site
buffering, and landscape screening. With the intent of preserving and promoting the health, safety,
and general welfare of the County, this Division is intended to:
(1) Preserve and enhance the aesthetic character and visual harmony of the County;
(2) Protect the quality of the County’s natural rivers, streams, lakes, and wetlands;
(3) Enhance erosion control;
(4) Improve the relationship between adjacent properties through screening, buffering, and
proper placement and design of landscaping and screening;
(5) Promote economic development in the County’s commercial districts and main thoroughfares;
and
(6) Ensure the safety, security, and privacy of properties.
Section 8-3-2. Application of Landscaping and Screening Requirements.
(A) General. The requirements of this Division shall apply to new construction, developments, or
redevelopments in all zoning districts requiring an approved Site Development Plan, Special Use
Permit, or Zoning Permit specified by this Ordinance.
(B) Exemptions. The following are exempted from the landscaping and screening standards of this
Article:
(1) Agricultural uses as identified in Article VI, Use Matrix, of this Ordinance; and
(2) Single- and two-family development on individual lots (not part of a Major Subdivision or
Residential Planned Development)
(C) Timing of Review. Review for compliance with the standards of this Division shall occur as part of
the review of an application for a Site Development Plan, Residential Planned Development, Zoning
Permit, Special Exception, or Variance.
Section 8-3-3. Landscape Plan Requirements.
(A) Landscape Plan Required. A Landscaping Plan shall be required for all new construction,
developments, or redevelopments in all zoning districts requiring an approved Site Development
Plan, Special Use Permit, or Zoning Permit specified by the Ordinance. The Landscaping Plan shall:
(1) Be prepared and/or certified by a certified professional or firm qualified to create such a plan;
provided, however, that in the case of a single lot disturbing less than 2,500 sq. ft., the
landscaping plan may be prepared by the property owner.
(2) Cover the entire project area included in the overall Site Development Plan or development
plan for which approval is sought.
(B) Landscape Plan Contents. The landscape plan shall include:
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(1) Location, species, size, height, and number of proposed plantings;
(2) Planting specifications or installation details with consideration of the appropriateness of
plants and locations for the specific characteristics of the site and the purpose for installation;
(3) Information about the general location, composition, and extent of existing vegetation (plants,
trees, shrubs, etc.) to be retained during construction, as well as protection measures to be
implemented during construction;
(i) The information shall include the successional stage of the vegetation, a list of the primary
tree species, a list of the prominent non-native invasive species, and a statement regarding
the general age, health, and condition of the vegetation.
(4) Location, size, and other related design details for all hardscape improvements, ground-
mounted signage, recreational improvements, open space areas, fences, walls, barriers, and
other related elements;
(5) Designation of required setbacks, yards, and screening areas;
(6) Location of other man-made site features, parking lots, overhead structures, and underground
utilities to ensure that landscape materials will not be in conflict with the placement and
operation of these improvements; and
(7) A preference to design and plant materials which are native and with reduced water needs.
(C) Landscape Plan Bond. After a Landscape Plan has been approved, and before any planting or
disturbance can occur, the developer shall furnish to the County an irrevocable letter of credit,
cash escrow, or bonds (collectively referred to as “performance bond”) from a certified Virginia
Lending Institution by corporate surety in a form and amount sufficient to guarantee the
completion of all required improvements.
(1) The cost of required landscaping shall be determined by a bona fide estimate of cost prepared
by a duly licensed landscape architect, engineer, or other licensed professional, and such
estimate shall be provided at the expense of the developer.
Section 8-3-4. General Standards.
(A) Tree and Plant Standards.
(1) Existing trees and vegetation shall be preserved to the greatest extent possible.
(i) Existing, healthy trees and shrubs shall be credited toward any minimum landscaping
required by this Division, provided they meet minimum size standards of (B), below, and
are protected before and during construction and maintained thereafter in a healthy
growing condition.
(ii) Where existing vegetation is not adequate to achieve the required landscaping or
screening, additional plants shall be installed as necessary to meet the objective, and in
accordance with the standards of this Division.
(2) Any required landscaping shall be installed prior to the issuance of a Certificate of Occupancy.
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(i) When the planting of required landscaping conflicts with the planting season, a Certificate
of Occupancy may be issued subject to approval by the Administrator that a sufficient
surety is in place.
(ii) The owner or developer shall provide a development agreement which sets a deadline by
which the plantings will be installed to be approved by the Administrator.
(3) The owner of the property upon which the required landscaping or buffering is installed shall
be responsible for maintenance and replacement.
(4) All plantings shall be maintained in perpetuity in such a way to ensure that the requirements
of this Ordinance continue to be met.
(i) Any dead or dying plants shall be removed within 30 days of notification by the
Administrator. If notified during winter, such plants may be replaced by the property
owner during the next viable planting season.
(5) Landscaping materials should generally be sustainable and biologically diverse with emphasis
on trees and plants native to Virginia and the Pittsylvania County region.
(6) Plants shall be nursery grown and materials shall conform to the requirements described in the
latest edition of American Standard for Nursery Stock, as published by the American
Association of Nurserymen, as amended.
(7) Landscaping shall not obstruct the view of motorists using any street, driveway, parking isles,
or the approach to any street intersection so as to constitute a traffic hazard or a condition
dangerous to public safety.
(8) Plant materials shall be installed via dig, ball, burlap, and transplant. Bare-root planting is not
permitted for any tree.
(9) For buffers in which more than 20 trees are required, no individual species shall comprise more
than 30% of the total number of plants required within the buffer.
(B) Tree Measurement Standards.
(1) Caliper measurements shall be taken 6 inches above grade for trees under 4 inches in diameter.
Caliper measurements shall be taken 12 inches above grade for trees 4 inches in diameter and
larger.
(2) All required landscaping materials shall conform to the following minimum size or height
standards provided in Table VIII-1, Minimum Plant Measurements.
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Table VIII-1. Minimum Plant Measurements.
Plant Type Minimum at Planting Minimum at Maturity
Deciduous trees 2-inch caliper; no height minimum 50 ft. height Evergreen trees 6 ft. height
Ornamental and understory trees 4 ft. height 20 ft. height
Shrubs 18-inch spread or height 3 ft. spread or height
(C) Tree Protection Standards.3
(1) Trees which are to be preserved on site shall be protected before, during, and after the
development process utilizing accepted practices. At a minimum, the tree protection practices
set out in the Virginia Erosion and Sediment Control Handbook, as amended, shall be utilized.
(2) Trees selected for preservation in order to obtain landscaping credits shall be shown on the
landscape plan and clearly marked. In wooded areas, groups of trees shall be selected for
preservation rather than single trees wherever possible.
(3) Trees and groups of trees which are to be preserved shall be enclosed by a temporary fence or
barrier to be located and maintained 5 ft. outside of their dripline during construction.
(i) Such a fence or barrier shall be installed prior to clearing or construction, shall be sufficient
to prevent intrusion into the fenced area during construction, and in no case shall
materials, vehicles, or equipment be stored or stockpiled within the enclosure.
(ii) Within the fenced area, the topsoil layer shall not be disturbed except in accordance with
accepted tree protection practices.
(4) No healthy deciduous tree(s) with a caliper of 15 inches or greater shall be removed from the
site unless such trees are replaced.
(i) Such trees shall be shown on the Landscaping Plan.
(ii) These replacement trees shall be in addition to landscaping required by this Division.
(iii) No replacement tree shall have a caliper of less than 3 inches, measured 6 inches from the
ground, at the time of planting.
(iv) The total caliper of replacement trees shall equal or exceed the total caliper of trees 15
inches or greater removed from the site.
(5) The developer shall be responsible for notifying all construction personnel of the presence and
purpose of clearing limits and protective fences or barriers, and for ensuring that they are
preserved.
(6) Where grade changes are necessary in excess of 6 inches from the existing natural grade level,
permanent protective structures such as tree wells or walls shall be installed as recommended
3 Editor’s Note: Code of Virginia § 15.2-961 allows for localities to require minimum tree canopy percentages based
on the type of development (residential, commercial, etc.) These provisions can be included, if desired.
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by the tree preservation and protection standards outlined in the Virginia Erosion and
Sediment Control Handbook, as amended.
(7) In determining which trees shall be preserved, consideration shall be given to preserving trees
which:
(i) Are of 15-inch caliper or larger;
(ii) Are ornamental trees of any size;
(iii) Are within required setbacks or along boundaries unless necessary to remove for access,
grading, circulation, utilities, or drainage;
(iv) Are heritage, memorial, significant, and specimen trees;
(v) Complement the project design including the enhancement of the architecture and
streetscape appearance;
(vi) Can tolerate environmental changes to be caused by development (i.e., increased sunlight,
heat, wind, and alteration of water regime);
(vii) Have strong branching and rooting patterns;
(viii) Are disease and insect resistant;
(ix) Exist in natural groupings, including islands of trees;
(x) Are located within required buffer areas;
(xi) Do not conflict with necessary utility; and,
(xii) Have been recommended by the Commonwealth Department of Forestry, the County
cooperative extension service, or a certified arborist or urban forester for preservation.
Section 8-3-5. Transitional Buffers.4
(A) Applicability. The standards of this Section apply to:
(1) All new development; except as provided in (B), below;
(2) Major Subdivisions; and
(3) A proposed change of use of an existing structure that requires a Zoning Map Amendment
(rezoning).
(B) Exceptions. A transitional buffer is not required:
(1) For any single- or two-family dwelling not part of a larger development;
(2) Between uses, buildings, or lots developed under a common plan or operated under common
management; or
(3) As exempt in Table VIII-2, Transitional Buffer Type Required, below.
4 Editor’s Note: The purpose of this Section is to address the use of buffer yards as a transitional tool between
conflicting uses and districts.
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(C) Screening Alternative. The applicant may propose, and the Administrator may approve, a screening
alternative where a building or screening has been specifically designed to minimize adverse effects
through a combination of architectural and landscaping techniques, and the Administrator
determines the building or screening is consistent with the purposes of this Section. See Table VIII-
4, Alternative Transitional Buffer, below.
(D) Transitional Buffer Types Required. Table VIII-2, Transitional Buffer Type Required, identifies the
type of transitional buffer, if any, required between a proposed use and adjacent
property/development. Table VIII-3, Minimum Plantings, provide the minimum width and planting
standards for each transitional buffer type.
(1) “Adjacent” includes land closer to the proposed use than the required buffer width, even if
they are separated by a narrow strip of land with different zoning districts.
(2) Transitional buffers for Residential Planned Developments will be determined as part of the
rezoning process.
(E) Location and Design.
(1) Transitional buffers must be located along any lot lines abutting adjacent zoning districts,
including those separated by any public road, except where driveways or other openings are
permitted.
(2) Transitional buffers may be located in required minimum front, side, or rear setbacks.
(3) Transitional buffers may be as follows:
(i) Types A and B shall fill the required minimum buffer width, as provided in Table VIII-3, and
plantings should be dispersed to create a natural setting.
(ii) Type C shall be provided in a minimum of two staggered rows, with each row containing
the plantings provided in Table VIII-3.
(iii) Type D shall be provided in staggered rows which at maturity will fill the required buffer
width and with each row containing the plantings provided in Table VIII-3.
(4) Development within a transitional buffer is limited to the following:
(i) Fences and walls, including retaining walls, in accordance with Division 4 of this Article;
(ii) Sidewalks, trails, and other pedestrian/bicycle paths that intersect the transitional buffer
yard at or near a 90-degree angle;
(iii) Areas of ingress and egress, fire hydrants, utilities, and other public infrastructure; and
(iv) Flag poles and permitted signs.
(5) Development within a transitional buffer must not reduce the separation of land uses or
interfere with the required plantings.
(6) A continuous 10 ft. deep landscape strip, exclusive of easements, shall be located adjacent to
any stormwater management facility or Best Management Practice(s) (BMP) when it:
(i) Is located in any residential or commercial district; or
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(ii) Encroaches into a required side or rear setback.
Table VIII-2. Transitional Buffer Type Required.
District of Proposed Development1
Adjacent Property/Development/District
A-1, C-1,
RE
R-1
RC-1
RMF
MHP
B-1
B-2
M-1
M-2
Major Subdivisions Type B Type A Type A
n/a
A-1, C-1, RE,
R-1, RC-1
non-residential uses Type B Type B Type B
all other uses n/a
MHP Type B Type B Type A n/a n/a
RMF Type A Type A n/a n/a n/a
B-1, B-2 Type B Type B Type B n/a n/a
M-1 Type C Type C Type C Type C n/a
M-2 Type D Type D Type D Type C n/a
n/a = transitional buffer not required
1Transitional buffers for Residential Planned Developments will be determined during the rezoning process; see Section 8-3-5(D).
Table VIII-3. Minimum Plantings.
Buffer
Type
Minimum Buffer
Width (in feet)
Number of Required
Large Deciduous or
Evergreen Trees
(per 100 linear feet)1
Number of Required
Ornamental or
Understory Trees
(per 100 linear feet)1
Required Shrubs
(per 100 linear feet)1
A 10 2 1 3
B 20 3 5 5
C 30 8 8 10
D2 100 10 0 20
1 Where fractional numbers result, the required number of plantings shall be rounded up to the nearest whole
number.
2 Evergreen plugs are permitted beyond the first 50 ft. of a Type D buffer. The first 50 ft. of a Type D buffer
would be measured starting at the edge of the public right-of-way and moving inward to the starting point of
the use. Only the minimum plantings required in this Table are permitted within the first 50 ft. of a Type D
buffer, and the minimum buffer width regardless of the type of plantings used shall be 100 ft.
Figure VIII-3. Example of Transitional Buffer Type A.
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Figure VIII-4. Example of Transitional Buffer Type B.
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Figure VIII-5. Example of Transitional Buffer Type C.
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Figure VIII-6. Example of Transitional Buffer Type D.
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Table VIII-4. Alternative Transitional Buffer.
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Buffer Alternative
Minimum Height of
Screening Alternative
(in feet)
Reduction2 in Minimum
Buffer Width
(in feet)
Reduction in
Required Plantings
(percentage)
Solid wall/fence1 6
15
25
Evergreen plantings in an
unbroken strip (at maturity)
6 (planted)
50 (maturity) 50
Berm3 6 ft., with a maximum
slope of 2:1 No decrease 25
1 Walls and fences must comply with the standards in Division 4 of this Article.
2 The minimum width of a transitional buffer must not be reduced below 10 ft.
3 Required plantings shall be located on the berm.
Section 8-3-6. Parking Lot Landscaping.
(A) General.
(1) To provide shade, screen views, and mitigate stormwater runoff, all vehicle parking areas shall
include landscaping as required in this Section.
(2) Parking lot landscaping for all developed, vacant, and abandoned commercial, industrial, or
mixed-use development shall be installed and continuously maintained by the owner according
to the requirements contained in this Article.
(i) Grass and groundcover (not including shrubs, bushes, etc.) shall be maintained to grass
height of no more than 12 in. from grade.
(ii) Grass areas shall be maintained in good condition with uniform grass coverage and free
from rill or gully erosion.
(iii) Any dead or dying plants shall be removed within 30 days of notification by the
Administrator. If notified during winter, such plants may be replaced by the property
owner during the next viable planting season.
(B) Exemptions.
(1) The landscape provisions of this Division shall not apply to off-street parking for individual
single- or two-family residential dwellings or for parking garages or similar multi-level parking
structures.
(2) In the case of redevelopment proposals, parking lot landscape requirements do not apply to
those proposals that are not required to add parking spaces over those that are currently
provided.
(C) Parking Lot Landscape Buffers.
(1) Where a parking lot (or a private driveway providing access to a parking lot or building entry)
abuts a residential district, agricultural district, or a public right-of-way, a landscaping strip of
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at least 10 ft. in width shall be located between the parking lot and the abutting property line.
See Figure VIII-7, Example of Parking Lot Landscape Buffers, below.
(i) A minimum of 1 deciduous shade tree for each 50 ft. of contiguous property line shall be
placed in the landscape strip.
(ii) A minimum of 5 shrubs for each 40 ft. of contiguous property line shall be planted in the
landscape strip.
(iii) The landscape strip may include a sidewalk or trail. The remainder of the landscape strip
must contain groundwater, turf, trees, shrubs, or be mulched.
(iv) The landscape strip shall maintain a visibility clearance of at least 4 ft. at all ingresses and
egresses for vehicular traffic.
Figure VIII-7. Example of Parking Lot Landscape Buffers.
(D) Parking Lot Landscape Islands.
(1) Landscaped planting islands shall be provided in the interior of the following types of parking
lots:
(i) The total size of the parking lot exceeds 75 total parking spaces.
(2) Minimum standards for landscape parking islands:
(i) If the total size of the parking lot exceeds 125 total parking spaces, there shall be one island
for every other double-row of parking. See Figure VIII-9, Example of Parking Lot Landscape
Island, below.
(ii) Landscape parking islands shall be at least 10% of the parking area.
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(iii) A minimum of 1 tree shall be provided for every 10 spaces of required parking in parking
lots with at least 100 spaces.5 The remaining area of the island(s) shall be landscaped with
shrubs, ground cover, lawn, or additional trees.6
(iv) Planting islands shall have a minimum width of 8 ft. to allow for bumper overhang and shall
otherwise provide adequate width for the growth and maintenance of the intended
landscape materials to be planted therein. See Figure VIII-8, Example of Parking Lot
Landscape Islands, below.
(v) Planting islands shall maintain a visibility clearance of at least 4 ft. at both ends of the island
to ensure vehicular traffic and pedestrian safety.
(vi) The landscaping islands shall be dispersed throughout the parking lot, with interior
dimensions of any planting area (i.e. interior parking median or island) sufficient to protect
and maintain all landscaping materials planted therein.
Figure VIII-8. Example of Parking Lot Landscape Islands.7
5 Editor’s Note: Based on Board of Supervisors feedback from the January 2024 worksession, this provision has been
updated to clarify that this requirement would only apply to parking lots with at least 100 spaces.
6 Editor’s Note: This change has been proposed based on feedback from the 10/11 worksession.
7 Editor’s Note: This graphic will be updated for the final draft Ordinance upon receiving final confirmation of
Ordinance edits during the 1/23 worksession.
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Figure VIII-9. Example of Parking Lot Landscape Islands.
Section 8-3-7. Screening and Enclosures.8
(A) Except on lots where the principal use is a single- or two-family dwelling, manufactured home, or
any agricultural use, the following objects and areas must be screened from public view at ground
level, both on and off the premises, in accordance with this Section:
(1) Large waste receptables (dumpsters) and refuse and recycling collection points (including
containers);
(2) Loading and service areas;
(3) Outdoor storage areas;
(4) Utility and mechanical equipment, such as generators, HVAC units, utility meters, junction and
accessory boxes, and transformers;
(5) Stormwater management facilities, when not developed as a site amenity in accordance with
Division 7, Open Space, of this Article; and
8 Editor’s Note: Rather than specifying uses that may need screening, this Section provides general screening
requirements for “unsightly” elements.
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(6) All other uses or elements where screening is required as identified in Article VII, Use
Performance Standards, of this Ordinance.
(B) Screening/enclosures shall be comprised singularly, or of a combination of:
(1) A solid masonry wall or opaque fence, in accordance with Division 4, Walls and Fences, of this
Article.
(2) A double, unbroken row of evergreens that, at maturity, blocks visibility of the object being
screened.
(3) A planted berm.
(C) Access to all grease containers, recycling and trash containers, and other outside storage shall be
through gates capable of closure when not in use. All gates shall be closed and secured when not
in use.
Section 8-3-8. Modifications.
(A) Modifications to the layout and design standards contained herein may be approved through a
waiver by the Administrator upon a determination that the following conditions exist:
(1) The proposed layout and design provide landscaping which will have the same or increased
screening impact, intensity, or variation throughout the year when viewed from adjacent
properties or rights-of-way as that which would be required by strict interpretation of the
standards contained in this Division.
(2) The proposed layout and design fully integrate and complement the existing trees to be
preserved on the site.
(3) Any trees or shrubs installed or preserved on the site which exceed the minimum numerical
requirements of this Division shall not be subject to the species mixture, locational,
maintenance, or replacement requirements contained herein.
Division 4. Walls and Fences.
Section 8-4-1. Purpose and Intent.
The purpose of this Division is to provide standards to ensure that walls and/or fences used to provide
buffering, privacy, separation, security, or for aesthetic reasons, will not create an unsightly or unsafe
condition on or off the public or private property on which the fence or wall is proposed.
Section 8-4-2. Application of Walls and Fences Requirements.
(A) The provisions of this Division shall apply to all construction, reconstruction, or replacement of
walls and/or fences within the R-1, RC-1, MHP, RMF, commercial, industrial, and residential
planned development districts, except:
(1) Walls and/or fences required for the physical support of a principal or accessory structure;
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(2) Walls and/or fences erected temporarily for construction sites or a similar purpose, provided
that they comply with all relevant requirements of the Uniform Statewide Building Code and
do not block sight distance;
(3) Landscaping berms without fences;
(4) Walls and/or fences necessary for soil erosion control;
(5) Walls and/or fences at government facilities;
(6) Customary fencing provided as part of a permitted tennis court, athletic field, and similar
recreational facility will be exempt from the height standards;
(7) Fences for protecting livestock or for other similar agricultural functions, if part of a use in the
agricultural use classification; and
(8) Fences for tree protection (temporary and permanent).
Section 8-4-3. Location.
(A) Walls and/or fences shall not:
(1) Be located within the public right-of-way;
(2) Be installed in a manner, or in a location, so as to block or divert a natural drainage flow on to
or off of any other land, unless the fence or wall has specifically been approved as part of an
approved stormwater management plan;
(3) Be constructed in a manner or in a location that impairs safety or sight lines for pedestrians
and vehicles traveling on public rights of way; or
(4) Prevent immediate view of, or access to, fire hydrants or other fire-fighting water supply
devices.
(B) Walls and/or fences may be located within any required setback or yard.
(C) Walls and/or fences located within an easement shall receive written authorization from the
easement holder or the County, as appropriate.
(1) The County shall not be responsible for damage to, or the repair or replacement of, fences that
must be removed to access such easements or facilities.
(2) Walls and/or fences within required transitional buffers shall be installed so as to not disturb
or damage existing vegetation or installed plant material.
Section 8-4-4. Height.9
(A) Maximum Height. Walls and/or fences shall be permitted in accordance with the following
standards:
9 Editor’s Note: Section 35-121 of the current Ordinance establishes a minimum fence height of 6 ft. This requirement
has been retained for commercial and industrial districts but removed for residential districts. Maximum fence heights
have been proposed and are based on the underlying zoning district.
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(1) No wall and/or fence between a street and a front building line shall be more than 4 ft. in
height.
(2) And not forgoing Section 8-4-4(A), above:
(i) Walls and/or fences in any R-1, RC-1, RMF, or residential planned development district
shall not exceed 7 ft. in height above the existing grade without approval of a Special Use
Permit;
(ii) Walls and/or fences in any commercial zoning district shall be at least 6 ft. in height but
shall not exceed 8 ft. in height above the existing grade without approval of a Special Use
Permit; and
(iii) Walls and/or fences in any industrial zoning district shall be at least 6 ft. in height but shall
not exceed 10 ft. in height above the existing grade without approval of a Special Use
Permit.
(B) Measuring Height. Wall and/or fence height will be measured parallel along the side of the fence
from the highest point above grade to where the grade is lowest but excluding the height of any
retaining wall directly beneath the fence or wall. Supporting columns or posts may extend up to 18
inches above the maximum allowed height for the wall and/or fence. See Figure VIII-10, Measuring
Fence Height and Figure VIII-11, Supporting Column Height, below.
Figure VIII-10. Measuring Fence Height.
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Figure VIII-11. Supporting Column Height.
Section 8-4-5. Materials.
(A) Permitted Materials.
(1) Walls and/or fences shall be constructed of any combination of:
(i) Treated or rot-resistant wood or similar composite wood material;
(ii) Wrought iron;
(iii) Decorative metal materials; or
(iv) Brick, stone, masonry materials, or products designed to resemble these materials.
(v) Where wood, masonry, or other opaque materials are specified for particular types of
screening or buffering fences or walls, all other fence materials are prohibited.
(2) All wall and/or fence segments located along a single lot side shall be composed of a uniform
style, materials, and color compatible with other parts of the wall and/or fence.
(B) Prohibited Materials.10 Walls and/or fences made of debris, junk, rolled plastic, sheet metal,
plywood, or waste materials are prohibited unless such materials have been recycled and
reprocessed into new building materials that resemble the customary materials listed in Section 8-
4-5(A), above.
(1) Barbed wire fences are prohibited in the RC-1, MHP, RMF, RPD, B-1, and B-2 districts.
(i) Except barbed wire fences may be approved administratively in the B-2 district for Vehicle
Repair Service uses, as defined in Article X, Definitions, of this Ordinance.
(C) Chain Link Fencing.11 Chain link fencing shall be allowed, subject to the following requirements:
10 Editor’s Note: As a result of staff feedback from 8/10, revisions made to prevent conflicting language related to
application of the Ordinance and to allow barbed wire fences to be approved administratively for certain uses in the
B-2 district.
11 Editor’s Note: Section 35-121 of the current Ordinances states that fencing shall be opaque unless otherwise
approved. Chain link fencing is proposed to be permitted, but subject to additional design standards in certain zoning
districts.
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(1) Permitted in agricultural, conservation, R-1, RE, RC-1, and MHP districts.
(2) Permitted in RMF, RPD, commercial, and industrial districts , subject to the following:
(i) The chain link fencing shall be coated with black or dark green vinyl.
(ii) Where opaque fencing is required, the chain link fencing may include black or dark green
opaque slats.
(D) Finished Side to Outside. Wherever walls and/or fences are installed, if one side of the wall and/or
fence appears more “finished” than the other (e.g., one side has visible support framing and the
other does not), then the more “finished” side of the fence shall face the perimeter of the lot,
rather than the interior of the lot.
Section 8-4-6. Maintenance.
(A) All walls and/or fences shall be maintained in good repair and in a safe and attractive condition.
(B) The owner of the property on which walls and/or fences are located shall be responsible for
maintenance, including but not limited to, the replacement of missing, decayed, or broken
structural and decorative elements.
Division 5. Parking and Loading.
Section 8-5-1. Purpose and Intent.
(A) The purpose of this Division is to ensure efficient traffic flow and to reduce hazards to public safety
by establishing standards for off-street parking and off-street loading areas. This Division is
intended to:
(1) Ensure adequate parking is designed and constructed during the erection of all new structures
and the modifications to existing structures;
(2) Provide safe and convenient traffic flow and add to the beautification of the County;
(3) Provide for adequate but not excessive off-street parking and loading while accommodating
alternative parking solutions for permanent, temporary, and seasonal demands; and
(4) Minimize the environmental impact of vehicular parking by avoiding excessive paved surface
areas, applying appropriate minimum parking requirements, and encouraging the use of
permeable parking surfacing.
Section 8-5-2. General.
(A) Off-street parking and loading shall be provided in all zoning districts in accordance with the
requirements of this Division.
(B) For the purposes of this Division, off-street parking shall mean an improved surface not located in
a street or alley.
(C) Parking shall be provided at the time of the erection of any building or structure, not less than the
amount of parking space(s) given in Section 8-5-8, below.
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(D) Parking space(s) shall be maintained and shall not be encroached upon unless in conformance with
Section 8-5-4 and Section 8-5-5, below.
(E) Off-street loading space(s), as required in Section 8-5-11, below, shall not be construed as
supplying off-street parking.
Section 8-5-3. Obligations of Owner.
(A) The requirements for off-street parking space(s) and off-street loading space(s) shall be a
continuing obligation of the owner of the real estate on which any structure or use is located as
long as such structure or use is in existence, and the use requiring off-street parking or loading
facilities continues.
(B) It shall be unlawful for the owner of any structure or use affected by this Division to discontinue,
change, dispense with, or cause the discontinuance or change of the required off-street parking or
loading space, apart from the alternate off-street parking or loading space which meets with the
requirements of, and complies with, this Division.
(C) It shall be unlawful for any firm or corporation to use such structure without acquiring such land
or other suitable land for off-street parking or loading space(s) which meets the requirements of,
and complies with, this Division.
Section 8-5-4. Location to Use.
(A) All parking spaces required herein shall be located on the same lot with the building or principal
use served; except that:
(1) A remote parking lot may be approved by the Administrator in accordance with Article III,
Permits and Applications, of this Ordinance and shall:12
(i) Be located and maintained not to exceed 600 ft. from the principal building or use it serves;
(ii) Be established by a recorded covenant or agreement as parking space(s) to be used in
conjunction with the principal building or use and shall be reserved as such through an
encumbrance on the title of the property; and
(iii) Have an existing sidewalk or improved pathway and permanent access easement.
(a) If none exists, the developer shall establish a sidewalk or improved pathway and a
permanent access easement that connects the parking to the use.
Section 8-5-5. Joint/Shared Parking.
(A) Required parking spaces can be used jointly by two (2) or more buildings, uses, or establishments,
as provided below:
(1) The shared parking space(s) may be used to meet no more than 75% of the required off-street
parking requirement.
12 Editor’s Note: Section 35-80 (3) of the existing Ordinance permits administrative approval of off-street parking on
another property.
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(2) The shared parking space(s) must be for those uses that the normal periods of peak use are
different from the shared use.
(3) The use(s) for which parking is being shared shall be within 600 ft., as measured along lines of
public access.
(B) In the case of mixed or joint uses of a building or premises having different peak parking demands,
the parking spaces required may be reduced up to 75% if approved by the Administrator, in
conjunction with Site Development Plan approval.
(1) In such instances, the applicants shall demonstrate that the periods of peak use are separated
sufficiently, and shared parking spaces are available to all uses sharing them, to not cause a
parking demand problem.
(C) In the case of joint use of a building or premises by more than one use having the same peak parking
demand, the parking spaces required shall equal the sum of the requirements of the various uses
computed separately.
Section 8-5-6. Reduction and/or Increase.13
(A) Reduction in Required Spaces. Off-street parking space(s) required under this Division may be
reduced at a time when the capacity or use of a building is changed in such a manner that the new
use or capacity would require less space than before the change.
(B) Increase in Required Parking. Whenever a building or use is changed or enlarged in floor area,
number of employees, number of dwelling units, seating capacity or otherwise, to create a need
under the requirements of this Division for an increase in parking spaces of 10% or more, such
additional spaces shall be provided on a basis of the change or enlargement.
(1) Parking increases shall not be circumvented by a series of changes that together would meet,
or exceed, the 10% requirement.
Section 8-5-7. Parking Design Standards.
(A) Surfacing.
(1) All parking areas consisting of 10 or more parking spaces shall have an improved surface to
prevent soil erosion, abate dust, and provide an adequate driving surface.14
(i) Improved surface shall mean concrete, asphalt, bituminous pavement, brick or stone
pavers, or other hard, all-weather, dustless, permeable pavement system.
(B) Marking. For parking areas consisting of 10 or more parking spaces, each parking space shall be
striped and maintained. Parking spaces shall be marked by painted lines, curbs, or other means to
13 Editor’s Note: Section 35-22 of the existing Ordinance states that no existing or future off-street parking or loading
area shall be reduced below what is required unless spaces are no longer required by the regulations or alternative
spaces meeting requirements are provided. Proposed to remove this text and replace it with Section 8-5-6, providing
more clear language for when reductions – and increases – in required off-street parking areas would be acceptable.
14 Editor’s Note: Part of this requirement was retained from Section 35-81 of the current Ordinance; however, it has
been expanded to clarify what is meant by “improved surface”. Propose to require markings and improved surfaces
for parking areas consisting of 10 or more spaces.
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indicate individual spaces. Signs or markers shall be used to ensure efficient traffic operation on
the lot.
(C) Location. Off-street parking areas shall be located to the side or rear of the structure it is associated
with; if it can be demonstrated that the lot could not accommodate parking area(s) to the side or
rear of the lot, the Administrator may waive this provision.
(D) Parking Space Dimensions.15
(1) Off-street parking spaces shall be a minimum width of 10 ft. and a minimum length of 20 ft.
with a minimum net area of 200 sq. ft., excluding area for egress and ingress and maneuvering
vehicles.
(E) Arrangement of Interior Aisles. All aisles within parking areas shall have the following minimum
widths:
(1) Parking spaces at a 90-degree angle: 22 ft.
(2) Parking spaces at a 60-degree angle: 18 ft.
(3) Parallel parking spaces: 12 ft.
(F) Handicap Accessible Parking. Every land use shall include the number of handicap accessible off-
street parking spaces in accordance with the requirements of the Virginia Uniform Statewide
Building Code. These parking spaces shall be included within the required amount of parking
spaces, as provided in Table VIII-5, Minimum Off-Street Parking Requirements, below.
(G) Entrances and Exits.16 The location and design of entrances and exits shall meet the VDOT traffic
safety and design requirements.
(H) Separation from Walkways and Streets.
(1) Off-street parking spaces shall be separated from walkways, sidewalks, streets, or alleys by the
required landscape buffer, a wall or fence, or curbing.
(2) Off-street parking shall not be located within 5 ft. of any commercial building.
(I) Drainage and Maintenance.17 Off-street parking areas shall be adequately drained to eliminate
standing water and prevent damage to abutting properties and/or public streets and alleys.
(J) Lighting. Adequate lighting for parking areas with 10 or more spaces shall be provided in
accordance with Division 2, Lighting, of this Article.
(1) Lighting facilities shall be arranged so that light is reflected away from adjacent properties and
streets.18
15 Editor’s Note: Dimensions retained from Section 35-80 of the existing Ordinance.
16 Editor’s Note: This statement conveys the same principle as Section 35-84 (4) of the existing Ordinance and has
been amended for clarity.
17 Editor’s Note: Requirement for adequate drainage retained from Section 35-81 of the existing Ordinance; However,
language has been added to further clarify what this requirement prevents.
18 Editor’s Note: Retained from Section 35-81 of the existing Ordinance.
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(K) Screening. Whenever a parking area is located in or adjacent to a residential district, it shall be
effectively screened in accordance with Division 3, Landscaping and Screening, of this Article.
However, areas requiring natural air circulation, unobstructed view, or other technical
considerations necessary for proper operation, may submit an alternative screening plan to be
approved by the Administrator.
(L) Fleet Vehicles. Whenever daily or overnight storage of fleet vehicles is proposed, these vehicles
shall be screened or parked to block visibility from streets or adjacent properties; screening shall
be in accordance with the requirements of Division 3, Landscaping and Screening, of this Article.
These off-street parking spaces shall be identified on an approved Site Development Plan.
Section 8-5-8. Parking Requirements.19
(A) Except as otherwise provided in this Ordinance, when any building or structure is hereafter erected
or structurally altered, or any building or structure hereafter erected is converted, off-street
parking space(s) shall be provided according to the requirements for individual uses in the following
table.20
(B) Where fractional spaces result, the parking spaces required shall be increased to be the next
highest whole number.
(C) Exemptions to off-street parking requirements are contained in Section 8-6-5 and Section 8-6-6,
above.
(D) The parking requirements in this Division are in addition to space for storage of trucks, campers,
recreational vehicles, boats, or other similar vehicles used in connection with the use.
(E) The parking requirements in this Division are in addition to any other parking requirements
contained in the district or use standards of this Ordinance.
(F) The parking requirements in this Division do not limit additional requirements that may be imposed
for approval of a Special Use Permit.
(G) Except as otherwise provided, the number of employees shall be compiled based on the maximum
number of persons employed on the premises at one time, on an average day or average night,
whichever is greater. Seasonal variations in employment may be recognized in determining an
average day.
(H) The parking space requirements for a use not specifically listed in the chart shall be the same as for
a listed use of similar characteristics of parking demand generation, as determined by the
Administrator.21
19 Editor’s Note: The existing Ordinance includes minimum off-street parking spaces as determined by zoning district;
recommend removal of regulations tied to the underlying zoning district and have parking requirements tied to
individual uses for ease of administration and to eliminate inconsistency.
20 Editor’s Note: This statement conveys the same principle as Section 35-80 of the existing Ordinance and has been
amended for clarity.
21 Editor’s Note: The current Ordinance requires the Planning Commission to determine the parking requirements in
this scenario; However, to reduce the time and cost burden to the applicant, it is recommended to make this
determination administratively.
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(I) In order to minimize the adverse impacts caused by improving large areas with impervious
surfaces, including increased storm water run-off, urban heat island effects, and nonpoint source
pollution, the total number of parking spaces serving a use may not exceed the minimum parking
standards in Table VIII-5 by more than 20%, unless one of the following apply:22
(1) Any spaces in excess of 20% of the minimum number required are located in a structured
parking facility; or
(2) A Landscape Plan that provides additional pervious landscape surfaces and increases
stormwater filtration has been reviewed and approved by the Administrator; or
(3) The applicant for the project shall apply and receive approval through a Special Use Permit.
Table VIII-4. Minimum Off-Street Parking Requirements.23
Use(s) Minimum Number of Required Spaces
Residential Uses
Bed and Breakfast; Short-Term Rental 1 per bedroom, plus 1 per owner/operator
Dwelling, Accessory 1 per accessory dwelling unit
Dwelling, Manufactured;
Dwelling, Single-, Two-Family; 2 per dwelling unit
Dwelling, Townhouse 2 per dwelling unit, plus 1 guest space per unit
Dwelling, Multi-Family 2 per unit, plus 1 guest space per 5 units
Family Home Day Care (1-4 children) 1, plus residential requirement
Family Home Day Care (5-12 children) 3, plus residential requirement
Group Home
Life Care Facility 1 per 4 residents, plus 1 per 2 employees
Home Occupation, Class A Residential requirement based on dwelling type
Home Occupation, Class B 3, in addition to residential requirement
Residential Shelter 1 per 500 sq. ft.
Manufactured Home Park24 2 per dwelling unit, plus 1 per owner/operator
Public/Civic/Recreational Uses
Campground 2 per campsite
Club 1 per every 5 members
Community Center 1 per 500 sq. ft. of floor area, plus 1 per employee on largest
shift
22 Editor’s Note: New provision of maximum parking limits to control amount of land used for parking.
23 Editor’s Note: Unless otherwise noted, parking requirements have been retained from Section 35-82 of the existing
Ordinance. Some names of uses may be amended, or uses consolidated, to align with uses listed in Article VI, Use
Matrix.
24 Editor’s Note: Requirement per dwelling unit retained from Section 35-82 of the current Ordinance, with the
addition of 1 space per owner/operator.
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Use(s) Minimum Number of Required Spaces
Education Facility, College, University, Business or
Trade
1 per employee on largest shift, plus 1 per 10 full-time
students
Education Facility, Primary/Secondary 1 per each employee on largest shift, plus 1 for each 4 seats
in the largest assembly room
Park 1 per 4 visitors at peak service
Public Use 1 per 200 sq. ft. of gross floor area
Recreational Facility, Private;
Recreational Facility, Public 1 per 5 members, based on the design capacity of the facility
Religious Assembly25
1 per 4 fixed seats in main assembly area, or
10 per 500 sq. ft. of assembly floor space without fixed
seating
Commercial Uses
Brewery or Distillery;
Micro- Brewery, Distillery, or Winery
1 per 150 sq. ft. of food beverage preparation and
consumption area, plus 1 per 800 sq. ft. of operations
Personal Services 1 per 500 sq. ft. of floor area
Car Wash;
Gas Station;
Vehicle Service/Repair
3 per bay, stall, rack, or pit, plus 1 per gasoline pump;
minimum 5 spaces
Construction Material Sales;
Manufactured Home Sales 1 per 500 sq. ft.
Day Care Center
1 per employee on largest shift, plus 1 per 10 children; plus
an unobstructed pick-up space with a stacking area for 8
vehicles
Equipment Sales, Rental, and Repair (Heavy) 1 per 1,500 sq. ft. of display area, plus 3 per bay/stall
Event Venue 10 per 1,000 sq. ft. of floor
Funeral Home26 1 per 100 sq. ft. of main assembly area; 30 spaces minimum
Hospital27 1 per patient bed
Hotel/Motel28 1.5 per bedroom or unit, plus required parking for any
additional uses on site (restaurant, event venue, etc.)
Kennel, Commercial;
Veterinary Hospital29 1 per 400 sq. ft. of floor area
Marina 1 per 150 sq. ft. of floor space, plus 1 per 2 boat slips
25 Editor’s Note: Included differentiation of requirements for fixed seating and non-fixed seating. The requirement
used here for fixed seating was retained from Section 35-82 of the current Ordinance.
26 Editor’s Note: Streamlined existing parking requirement to not be based on chapel or parlor seating, as many
services are standing services.
27 Editor’s Note: Reduced parking to not include a standard based on employees, as hospital employee numbers can
fluctuate with temporary staff. Additionally, all patients will likely not have their own vehicle parked and/or a visitor –
at the same time as all other patients – thus, designated spaces may remain empty majority of the time.
28 Editor’s Note: Existing requirement amended in order to ensure that adequate parking is available for accessory
uses.
29 Editor’s Note: Proposed new requirement to be based on total floor area.
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Use(s) Minimum Number of Required Spaces
Office, General 1 per 400 sq. ft. of floor area
Offices, Medical/Clinic30 1 per 200 sq. ft. of floor area; 10 spaces minimum for a clinic
Recreation/Entertainment, Indoor 1 per 3 persons based on maximum occupancy, plus 1 per
employee on largest shift
Recreation/Entertainment, Outdoor
If a facility with fixed seating:
1 per 3 seats, plus 1 per employee on maximum working shift
If a facility without fixed seating:
1 space per 300 sq. ft. of floor area of enclosed buildings, plus
1 space for every 3 persons that the outdoor facilities are
designed to accommodate when used to the maximum
capacity
Restaurant, General 1 per 150 sq. ft. of floor space, including outside seating
Store, All Types 1 per 250 sq. ft. of floor area
Tradesperson Service;
Catering Services 2, plus 1 per employee on maximum working shift
Industrial Uses
Junkyard/Salvage Yard;
Construction Yard 1 per employee on maximum working shift
Manufacturing, Heavy;
Manufacturing, Light;
Laboratory, Research, and Development
1 per employee on maximum working shift
Manufacturing, Small-Scale 1 per employee on maximum working shift
Warehousing and Distribution;
Data Centers 5, plus 1 per employee on maximum working shift
Miscellaneous Uses
Mixed Use structure 1 per 250 sq. ft. of sales floor area, plus 1 space per dwelling
unit
Section 8-5-9. Recreational Vehicle and Boat Parking.31
(A) Occupied Lots.32 On lots with a principal structure, no more than one of each of the following
vehicles may be parked externally: recreational vehicles, boats, or trailers.
(1) Recreational vehicles or trailers parked on a lot with a principal structure may not be occupied
more than 10 nights in any 60-day period or 15 nights in any one calendar year.33
(i) This standard shall not apply to Campgrounds or Primitive Campgrounds as defined in
Article X, Definitions, where permitted in Article VI, Use Matrix, and in compliance with this
Ordinance.
30 Editor’s Note: Existing requirement amended to include a 10 space minimum for a clinic.
31 Editor’s Note: New Section to address parking requirements for recreational vehicles and boats. These standards
can be amended, and additional standards added, if desired by the County.
32 Editor’s Note: As a result of staff feedback from 8/10, this requirement has been changed to allow no more than
one of each type of vehicle to park on a property with a principal structure.
33 Editor’s Note: As a result of community feedback, this requirement has been added to clarify an appropriate length
of stay in a recreational vehicle when parked on an occupied lot.
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(B) Vacant Lots. On lots without a principal structure:
(1) The parking of recreational vehicles, boats, and/or trailers on vacant lots is prohibited.
(C) Location on Lots. All parked recreational vehicles and boats must meet the minimum side and rear
setbacks required for an accessory structure and the front setback of the district in which it is
placed.
(D) Exceptions. These standards shall not apply to Recreational Vehicle Storage or Outdoor Storage as
defined in Article X, Definitions, where permitted in Article VI, Use Matrix, and in compliance with
this Ordinance.
Section 8-5-10. Off-Street Loading Design Standards.
(A) Minimum Size.34 For the purpose of the regulations of this Division, a loading space is a space within
the main building or on the same lot providing for the standing, loading, or unloading of trucks, and
having a minimum width of 12ft., a minimum length of 50 ft., and a vertical clearance of at least 14
ft.
(B) Location. All required off-street loading areas shall be located on the same lot as the building which
they are intended to serve, or on an adjacent lot when shared with the use occupying an adjacent
lot
(1) No part of a yard, open space, area, or off-street parking or loading space required by this
Ordinance for any use shall be included as a yard, open space, area, or off-street parking or
loading space similarly required for any other use.35
(C) Surfacing. All loading areas shall have an improved surface to prevent soil erosion, abate dust, and
provide an adequate driving surface.
(D) Screening. Whenever an off-street loading area is located in or adjacent to a residential district, it
shall be effectively screened in accordance with Division 3, Landscaping and Screening, of this
Article. However, areas requiring natural air circulation, unobstructed view, or other technical
considerations necessary for proper operation, may submit a screening plan to be approved by the
Administrator.
(E) Entrances and Exits.36 Location and design of entrances and exits shall be in accordance with VDOT
traffic safety and design standards.
(1) Where the entrance or exit of a building is designed for truck loading and unloading, such
entrance or exit shall be designed to provide at least 1 off-street loading space.
(2) Where an off-street loading space is to be approached directly from a major thoroughfare,
necessary maneuvering space shall be provided on the lot without impeding the public-right-
of-way or any parking space or parking lot aisle.
34 Editor’s Note: Dimensions retained from Section 35-85 of the existing Ordinance.
35 Editor’s Note: Text is from Section 35-19 of the existing Ordinance and has been amended for clarity.
36 Editor’s Note: This statement conveys the same principle as Section 35-85 (2) of the existing Ordinance and has
been amended for clarity.
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(F) Bus and Truck Terminals.37 Terminals shall provide sufficient space to accommodate the maximum
number of buses and trucks to be stored or loaded at the terminal at any one time.
Section 8-5-11. Off-Street Loading Requirements.
(A) Off-street loading shall be provided at the time of the erection of any building or structure or at
the time any building or structure is altered, enlarged, or increased in capacity by adding dwelling
units, guest rooms, floor area, or seats, or a change of use, not less than the amount of loading
space required by this Division.
(B) Space allocated for any off-street loading use shall not be used to satisfy the space requirements
for any off-street parking area or portion thereof.
(C) Except as otherwise provided in this Ordinance, when any building or structure is hereafter
erected, or structurally altered to the extent of increasing the floor area by 25% or more, or any
building is hereafter converted, for the uses and floor areas listed below, accessory off-street
loading spaces shall be provided as required in Table VIII-6, Minimum Off-Street Loading
Requirements38 below.
(D) The loading space requirements in this Division do not limit other loading requirements contained
in the district or use standards of this Ordinance.
(E) The loading space requirements in this Division do not limit additional requirements that may be
imposed in connection with uses permitted by approval of a Special Use Permit.
Table VIII-5. Minimum Off-Street Loading Requirements.39
37 Editor’s Note: Retained from Section 35-85 (5) of the existing Ordinance.
38 Editor’s Note: Section 35-85 of the existing Ordinance provides off-street loading requirements for hospitals, hotels,
commercial, or industrial buildings with either more or less than 10,000 sq. ft. of floor area.
39 Editor’s Note: This table introduces detailed minimums for additional uses, based on floor area, that typically utilize
loading spaces.
Use(s) Floor Area (in sq. ft.) Loading Space(s) Required
Commercial and Industrial Uses
(except those listed below)
0-2,999 0
3,000-10,000 1
10,001-100,000 1 space, plus 1 space for each 10,000 sq. ft.
each 40,000 over 100,000 1 additional for each
Dwelling, Multi-family;
Funeral Home; Hotel; Office;
Hospital or similar institutions
0-2,999 0
3,000-10,000 1
10,001-100,000 2
100,001-200,000 3
each 100,000 over 200,000 1 additional for each
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Division 6. Signs.
Section 8-6-1. Purpose and Intent.40
(A) The purpose of these sign regulations is to define, permit, and control the size, material, location,
and condition of signs in a manner that, as its first priority, protects those who travel in and through
the County. These sign regulations are intended to achieve the following community goals and
objectives:
(1) Protect the health, safety, and welfare of the public;
(2) Equitably distribute the privilege of using the public environs to communicate private
information;
(3) Safeguard the public use and nature of the streets and sidewalks;
(4) Protect and enhance the visual environment of the County;
(5) Discourage the diminishing of property values in the County;
(6) Minimize visual distractions to motorists using the public streets;
(7) Promote the economic growth of the County by creating a community image that is conducive
to attracting new business and industrial development;
(8) Permit reasonable effectiveness of signs and to prevent their over-concentration, improper
placement and excessive height, bulk, density, and area;
(9) Promote the safety of persons and property by requiring that signs not create a hazard due to
collapse, fire, decay, or abandonment;
(10) Ensure that signs do not obstruct fire-fighting efforts or create traffic hazards by confusing or
distracting motorists or by impairing drivers' ability to see pedestrians, obstacles, other
vehicles, or traffic signs;
(11) Provide more open space and curb the deterioration of the natural environment;
(12) Promote commerce and trade, with recognition of the effects of signage on the character of
the community; and
(13) The Board of Supervisors finds that the regulations in this Division advance the significant
government interests identified herein and are the minimum amount of regulation necessary
to achieve those interests.
Section 8-6-2. Administration.
(A) Interpretation.
(1) The regulations of this Division shall apply to all new signs, replacement signs, and their
modification(s) established after the effective date of this Ordinance.
40 Editor’s Note: Text in this Section has been adapted from Section 35-95 of the existing Ordinance and modified and
reorganized for clarity. New text has been added throughout to fully explain the purpose and intent of signage
regulations.
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(2) Signs not expressly permitted are prohibited.
(3) Murals as defined in Article X, Definitions, of this Ordinance are not considered signs and shall
be exempt from the provisions of this Division.
(4) Signs containing noncommercial speech are permitted anywhere that advertising or
commercial signs are permitted, subject to the same regulations of such signs.
(5) This Division shall be interpreted in a manner consistent with the First Amendment guarantee
of free speech.
(B) Application and Permit.
(1) Sign Permit Required.41
(i) No sign shall be erected, installed, altered, modified, refaced, re-hung, or replaced, without
obtaining a permit pursuant to this Division, except as otherwise provided in Section 8-7-
3, below.
(ii) No permit shall be issued by the Administrator except upon a determination that a
proposed sign is in conformity with the requirements of this Division and, where applicable,
in conformity with the requirements of an approved Site Development Plan for the
property upon which the sign is to be placed.
(iii) More than one sign on one building or group of buildings located on the same parcel of
land may be included on one application provided that all such signs are applied for at one
time.
(iv) After the issuance of an approved sign permit, the applicant may install and display the
approved sign(s). Once installed, the Administrator may inspect the sign(s) for
conformance with the approved sign permit and this Ordinance.
(2) Application. An application for a sign permit shall:42
(i) Specify the type of sign to be constructed and the zoning district in which this sign is to be
located;
(ii) Be accompanied with plans including a survey of the property, including measurements of
the lot frontage;
(iii) Indicate the square footage and location of all existing signs on the property;
(iv) The area, size, structure, design, location, lighting, and materials for the sign; and
(v) Contain written consent of the owner or lessee of the land or building upon which the sign
is to be erected, if not owned by the applicant.
41 Editor’s Note: Section 35-100 of the existing Ordinance requires that all off-site advertising signs, all signs exceeding
the maximum requirements, and signs not specifically stated to be exempt to obtain a Sign Permit. Proposed to
separate exemptions into a new section and clarify permit requirements to apply content neutrality and to establish
clear guidelines for an applicant.
42 Editor’s Note: The current Ordinance does not establish application procedures for a sign permit.
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(3) Duration and Revocation of Permit.
(i) Any sign permit shall be null and void if any sign for which the permit was issued is not
installed in accordance with the permit within 6 months of the date of approval.
(ii) A sign permit shall become null and void if the use to which it pertains is not commenced
within 6 months after the date the sign permit is issued.
(a) Upon written request and for good cause shown, the Administrator may grant one 6-
month extension.
(iii) Whenever the use of a building or land is discontinued by the specific business, the sign
permit shall expire and all signs pertaining to that business shall be removed by the
property owner within 30 calendar days of the discontinuance.
(iv) The Administrator shall revoke a sign permit if the sign does not comply with applicable
regulations of this Division, building code, or other applicable law, regulation, or
Ordinance.
Section 8-6-3. Exemptions.43
(A) The following signs are exempt from the provisions of this Division and may be erected or
constructed without a permit but shall be in accordance with the structural and safety
requirements of the Pittsylvania County Building Code.
(1) Governmental Body or Required by Law. Signs erected by a governmental body or required by
law, including official traffic signs or sign structures and provisional warning signs or sign
structures, and temporary signs indicating danger.
(2) Message Content. The changing of message content, including message content on a
changeable message sign if permitted in the district.
(3) Portable Signs. One portable sign per street frontage/business, not to exceed 6 sq. ft. in area.
(a) Portable signs shall in no way obstruct vehicular travel, public parking, and/or
pedestrian movement along sidewalks and are removed when the establishment is
closed for business.
(4) Minor Signs. Two minor signs per street frontage, each minor sign not to exceed 3 sq. ft. in
area.
(i) A minor sign is any wall or freestanding sign not exceeding 3 sq. ft. in area, not exceeding
4 ft. in height, and not illuminated. Examples include no trespassing signs, displays of
building address, security warning signs, parking signs, entrance/exit signs, and on-site
directional signs.
43 Editor’s Note: Sections 35-97 and 35-98 of the existing Ordinance include exemptions; however, most of these
exemptions are not content neutral in nature. Any exemptions that are based on sign content have been removed;
any exemptions that are not based on content have been retained.
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(5) Temporary Signs.44
(i) Temporary signs for events/non-recurring activities erected for not more than 60
consecutive days, and for property under construction or renovation, for sale, or for rent.
(a) No more than 4 temporary signs shall be placed on a single lot.
(b) The total aggregate sign area of all temporary signs on a single lot shall not exceed 32
sq. ft.
(6) Recreation/Sports Facility Fence Signs. Signs affixed to the interior of a permanent fence of a
recreational or sports facility.
(7) Memorial Plaques and Building Cornerstones.45 Memorial plaques and building cornerstones
not exceeding 6 sq. ft. in area and cut or carved into a masonry surface or other
noncombustible material and made an integral part of the building or structure.
(8) Flag Signs. All flag signs, provided that the minimum setback for a flagpole is the longest
dimension of the pole, in order to prevent the flag or pole falling into the property of another
or into a public street, trail, or sidewalk.46
(9) Window Signs. Window signs, provided that no more than 20% of the window is covered.
(10) Residential Entrance Signs. Signs at the main entrance or entrances to a subdivision or planned
unit development project provided that such sign shall not exceed one hundred (100) square
feet, shall not be illuminated, shall be so designated as to be in the public interest and shall
make no reference to the sale or lease of the lots or houses located within said identified
subdivision.
Section 8-6-4. Prohibited.47
(A) The following types of signs are prohibited in all zoning districts, unless otherwise specifically
permitted in this Ordinance:
(1) Any sign affixed to, hung, placed, or painted on any cliff, rock, tree, or other natural feature;
public utility pole or structure supporting wire, cable, or pipe; or radio, television, or similar
tower;
(i) This prohibition shall not affect official traffic, parking, or informational signs placed on
utility poles by the County.
44 Editor’s Note: Several different types of temporary signs (i.e., yard signs, political signs, for sale signs, construction
signs) are combined and regulated together as a best practice to ensure content neutrality. Propose to add a total
aggregate square footage cap for temporary signs to allow flexibility in individual sign size while preventing sign
clutter.
45 Editor’s Note: The Ordinance does not include materiality requirements or area maximums for memorial plaques
or tables; this is proposed as a new requirement.
46 Editor’s Note: Based on feedback received during the January 2024 worksession, flag size requirements have been
removed. All flags will be exempt from Zoning Ordinance requirements.
47 Editor’s Note: The existing Ordinance does not address prohibited sign types; new language proposed for addition.
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(2) Any sign or banner within or across a public right-of-way, unless specifically approved by VDOT
and the Pittsylvania County Board of Supervisors;
(3) Any sign that, due to its size, illumination, location, or height, obstructs the vision of motorists
or pedestrians at any intersection, or similarly obstructs the vision of motorists entering a
public right-of-way from private property;
(4) Signs simulating, or which are likely to be confused with, a traffic control sign or any other sign
displayed by a public authority. Any such sign is subject to immediate removal and disposal by
an authorized County official as a nuisance;
(5) Signs which obstruct any window or door opening used as a means of egress, prevents free
passage from one part of a roof to any other part thereof, or interferes with an opening
required for ventilation;
(6) Signs attached, painted, or mounted to unlicensed, inoperative, or generally stationary vehicles
and/or trailers. Vehicles and/or trailers shall not be used primarily as static displays, advertising
a business, product, or service, nor utilized as storage, shelter, or distribution points for
commercial products or services for the general public;
(7) Signs extending above the roofline of a structure, building, or parapet wall;
(8) Any flashing sign or signs with intermittent lights or lights of changing degrees of intensity or
color, except those officially erected for safety purposes;
(i) This prohibition shall not apply to electronic or digital displays that display messages in
intervals of at least 10 seconds.
(9) Any strings of lights, either outlining any part of a building or affixed to any ornamental feature
thereof, except for seasonal holiday displays which are limited to 45 days.
(10) Any sign of which all or any part is in motion by any means, including fluttering, rotating or
other means of movement.
(11) Signs that emit sound, smoke, flame, scent, mist, aerosol, liquid, or gas;
(12) Signs that violate any provision of any Federal or State law relative to outdoor advertising;
(13) Any sign representing or depicting specified sexual activities or specified anatomical areas or
sexually oriented goods; and
(14) Any signs greater in size, quantity, or window coverage than provided for in Section 8-6-5,
below.
Section 8-6-5. Measurement and General Sign Standards.48
(A) General Requirements.
(1) All signs shall comply with the applicable requirements of the Pittsylvania County Building
Code, the Code of Virginia, and any regulations promulgated by the Virginia Department of
48 Editor’s Note: This Section is proposed to replace Section 35-96 of the existing Ordinance. Existing text has been
integrated and reorganized with some new requirements.
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Transportation pursuant thereto. In the event of conflicting laws or regulations, the most
restrictive shall govern.
(B) Sign Area Calculation.
(1) The sign area permitted under this
Division is determined by
measuring the entire face of the
sign, including any background
incidental to its decoration, but
excluding support elements for
the sole purpose of supporting the
sign.
(2) The sign area shall be calculated
using the smallest rectangle,
circle, or triangle that can enclose
the sign face.
(i) Rectangle formula: sign area =
length (L) x width (W)
(ii) Circle formula: sign area = πr²
(iii) Triangle formula: sign area =
1/2 × base (B) × height (H)
(3) The surface area of any sign made
up only of individual letters or
figures shall include the space
between such letters or figures.
(4) Whenever one sign contains information on both sides, sign area shall be calculated based on
the largest sign face. Faces are not totaled.49
(C) Sign Height.50
(1) The maximum height for signs shall be as provided in Table VIII-7, provided in Section 8-7-6,
below.
(2) The height of a sign shall be computed as the distance from the base of the sign at average
grade to the top of the highest attached component of the sign.
49 Editor’s Note: Section 35-96 of the current Ordinance states that only one side of a V-type or double-faced sign
shall be considered in area calculations; proposed to base sign calculations on the largest sign face.
50 Editor’s Note: Section 35-96 of the current Ordinance states that the maximum height for signs is tied to maximum
building height for structures in the underlying zoning district; proposed to have clear and separate maximum height
for signs to protect safety and aesthetics.
Figure VIII-2. Sign Area Measurement.
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(D) Sign Setbacks.51
(1) Signs less than 10 ft. in height: minimum of 5 ft. from the street right-of-way.
(2) Signs 10 ft. or greater in height: minimum of 15 ft. from the street right-of-way.
(E) Illumination.52
(1) All permitted signs may be internally or externally lit.
(2) No sign shall be illuminated in such a way that light may shine into on-coming traffic, affect
highway safety, or shine directly into a residential dwelling.
(3) Any electrical sign shall display the required UL, ETL, CSA, or ULC label.
(4) Illumination shall be no greater than 700 nits53 from sunrise to sunset, or 500 nits from sunset
to sunrise and be equipped with automatic brightness control which can dim the display
brightness when ambient conditions exist.
(5) Electronic service lines shall be underground.
Section 8-6-6. Special Sign Standards.
(A) Off-Site Signs. All off-site signs shall comply with the following:54
(1) Off-site signs shall be permitted, only if provided with written permission is provided by the
owner of property where the off-site sign is to be located as part of the sign permit application.
(2) Off-site signs shall only be permitted in commercial and industrial districts.
(3) All off-site signs shall comply with the provisions of the underlying zoning district and all other
provisions of this Division, as applicable.
(4) Any off-site sign shall count towards the maximum sign limit for that lot which the sign is
located on.
(5) Any off-site sign may only be placed on property adjacent to the property for which the sign is
for.
(6) A maximum of 1 off-site sign is permitted per establishment.
(7) All off-site signs shall meet VDOT standards.
51 Editor’s Note: Section 35-96 of the current Ordinance states that front yard setbacks shall not apply to signs apart
from off-site outdoor advertising signs, and that side yard setbacks for signs shall be the same as those of the
underlying zoning district. Propose to apply uniform front setbacks to all signs based on size.
52 Editor’s Note: Section 35-96 of the current Ordinance states that signs in all conservation, agricultural, and
residential districts shall only be illuminated indirectly; proposed to remove due to vague language.
53 Editor’s Note: The United States Sign Council’s Best Practice Recommendations & Standards for On-Premise Sign
Lighting provides that for LED lighting, 10,000 nits is a common maximum reached, with a recommendation that
standards provide a maximum of 700 nits prior to sunset.
54 Editor’s Note: Section 8-7-6(A)(2) is a requirement included in Section 35-99 of the current Ordinance; all other
provisions of this Section are proposed as new additions.
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(8) The Administrator may waive or modify these standards if a hardship or other necessary
circumstance warrants.
(9) Off-site sign permissions do not run with land. Pittsylvania County bears no responsibility for
any off-site sign that is located on property that is sold, of which the new property owner does
not give their permission for the off-site sign. In this scenario, the off-site sign shall be removed
at the cost and burden of the owner of the sign.
(B) Changeable Signs. Within any commercial or industrial district, 1 changeable sign per lot shall be
permitted, subject to the following requirements:
(1) The changeable sign may be an existing or proposed freestanding, wall, or projected sign.
(2) The message shall not be changed more than once every 10 seconds, move, flash, or display
animation, as prohibited in this article.
(3) Any changeable message sign that malfunctions, fails, or ceases to operate in its usual or
normal programmed manner, thereby causing motion, movement, flashing or any other similar
effects, shall be repaired, covered, or disconnected by the owner or operator of such sign
within 24 hours of Notice of Violation.
(C) Projecting Signs.
(1) Signs projecting over public walkways, including doors and entryways, shall be a minimum
height of 8 ft. from average grade to the bottom of the sign.
(2) Projecting signs shall not extend more than 4 ft. beyond the face of the building or greater than
2 ft. from the curb line towards the building the sign is attached to.
(3) Signs, architectural projections, or sign structures projecting over vehicular access areas shall
have a minimum vertical clearance of 14 ft.
(D) Temporary Signs.55
(1) Each temporary sign shall be maintained in good, safe condition, securely affixed to a building
or the ground.
(2) Any temporary sign pertaining to an event must be removed within 30 days after the event.56
(3) No temporary sign shall be illuminated.
55 Editor’s Note: Proposed to eliminate non-content neutral language for temporary signs and include basic standards
under Special Sign Standards.
56 Editor’s Note: The current Ordinance allows temporary signs to remain for up to 60 days after the conclusion of an
event; propose to reduce allowable time to 30 days.
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Section 8-6-7. Permitted Signs by District.57
(A) The following standards, shown in Table VIII-7, Maximum Sign Dimensions, show the maximum
sign dimensions, per type of sign, permitted in each district for all by-right and Special Use Permit
uses, subject to all other requirements of this Ordinance.58 59
(1) Signs requiring a sign permit within the RPD Residential Planned Development district will be
determined as part of the rezoning process.
(B) Sign area square footage limits are provided per sign, unless specified as a total.
(1) Total area is calculated as an aggregate of all signs of that type.
(i) Signs exempted under Section 8-6-3 of this Division are permitted and not included in the
aggregate total area.
(C) See Article X, Definitions, of this Ordinance, for the definitions of the sign types provided in the
Tables of this Division.
(D) For the purposes of Table VIII-7, the Residential Uses shall be those under the Residential category
in Table VI-1, Use Matrix, and Non-Residential Uses shall be those under the Agriculture,
Public/Civic/Recreation, Commercial, Industrial, and Miscellaneous category of Table VI-1, Use
Matrix.
57 Editor’s Note: All standards in Tables VIII-7 for agricultural, conservation, and residential districts are new additions
and can be further amended by the County as desired.
58 Editor’s Note: Propose to introduce maximum height requirements for signs in commercial and industrial districts
and reduce the number of total freestanding signs allowed per lot to 1.
59 Editor’s Note: Propose to introduce a total aggregate sign cap of 300 sq. ft. per lot in commercial and industrial to
prevent sign clutter.
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Table VIII-6. Maximum Sign Standards.
Agricultural and Conservation Districts
Sign Type
Residential Uses Non-Residential Uses
Number Area
(square feet)
Height
(feet) Number Area
(square feet)
Height
(feet)
Freestanding
1 per street
frontage; 2
permitted if for
subdivision entrance
16 3 2 per street
frontage 32 6
Wall 1 per street frontage 16 N/A 2 per street
frontage 16 N/A
Residential Districts
Sign Type
Residential Uses Non-Residential Uses
Number Area
(square feet) Height
(feet) Number Area
(square feet)
Height
(feet)
Freestanding
1 per street frontage;
2 permitted if for
subdivision entrance
6 3 1 per street
frontage 32 3
Wall 1 per street frontage 12 N/A 1 per street
frontage 16 N/A
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Commercial Districts*
Sign Type Number Area
(square feet)
LF = Linear Foot
Height
(in feet)
Freestanding
(1 business)
1 per street
frontage 32 8
Freestanding
(2+ businesses with
coordinated access point(s))
1 per street
frontage, per
access point
1501 20
Projecting 1 per street
frontage 12 N/A
Wall Unlimited 1.5 sq. ft. for every 1 LF of building face
occupied by the tenant; 200 sq. ft. maximum N/A
Canopy 1 per street
frontage
0.5 sq. ft. of canopy fascia on which the sign is
mounted N/A
Industrial Districts*
Sign Type Number
Area
(square feet)
LF = Linear Foot
Height
(in feet)
Freestanding
(1 business)
1 per street
frontage 75 10
Freestanding
(2+ businesses with
coordinated access point(s))
1 per street
frontage, per
access point
1501 20
Projecting 1 per street
frontage 12 N/A
Wall Unlimited 1.5 sq. ft. for every 1 LF of building face
occupied by the tenant; 200 sq. ft. maximum N/A
Canopy 1 per street
frontage
0.5 sq. ft. of canopy fascia on which the sign is
mounted N/A
1Provided that any 2 signs on the same public street are at least 75 ft. apart.
* The total aggregate sign area on a single lot shall not exceed 300 sq. ft.
Section 8-6-8. Nonconforming Signs.
(A) Nonconforming Signs.
(1) Any sign legally existing at the time of the effective date of this Ordinance that does not
conform in use, location, height, or size with the regulations of the district in which such sign
is located, shall be considered legally nonconforming and shall be permitted to continue in
such status until such time as it is either abandoned or removed by its owner, subject to the
following limitations60:
(i) A nonconforming sign shall not be enlarged, nor shall any feature of a nonconforming sign,
such as illumination, be increased.
60 Editor’s Note: Text from Section 35-101(C) of the existing Ordinance has been integrated.
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(ii) A nonconforming sign shall not be moved for any distance on the same lot or to any other
lot unless:
(a) Such change in location will make the sign meet all current requirements of this
Division; or
(b) Such change in location is to conform to required setbacks of this Ordinance.
(iii) A nonconforming sign that is destroyed or damaged by any casualty to an extent not
exceeding 50% of its sign area, may be restored within 2 years after such destruction or
damage but shall not be enlarged in any manner.
(2) If such a sign is destroyed or damaged to an extent exceeding 50%, it shall not be reconstructed
but may be replaced with a sign that meets all current requirements of this Division.
(3) Notwithstanding any contrary provision in this Ordinance, no nonconforming sign is required
to be removed solely by the passage of time.
Section 8-6-9. Maintenance and Enforcement.
(A) Maintenance, Repair, and Removal
(1) Every sign permitted by this Division shall be maintained in good condition and repair.
(2) If a sign is in violation of the provisions of this Ordinance, the owner shall correct such violations
and make the sign conform with the provisions of this Division, within 10 days of a Notice of
Violation from the Administrator. Signs in violation may include:
(i) Any that becomes insecure, in danger of falling, or is otherwise deemed unsafe by the
Administrator; or
(ii) Any sign that is unlawfully installed, erected, or maintained in violation of any of the
provisions of this Ordinance.
(3) If within 10 days the Notice of Violation is not complied with, the Administrator shall be
permitted to remove or cause such sign to be removed at the expense of the owner of the sign.
(4) If a sign presents an imminent and immediate threat to life or property, then the Administrator
may abate, raze, or remove it, and may bring an action against the responsible party to recover
the necessary costs incurred for abating, razing, or removing the sign61.
(B) Removal of Abandoned Signs.
(1) A sign shall be removed by the owner or lessee62 of the premises upon which the sign is located
when the business which it advertises is no longer conducted on the premises.
(2) If the owner or lessee fails to remove such sign, the Administrator shall give the owner 30 days’
written notice to remove it.
61 Editor’s Note: Adapted from Section 35-101(A) of the existing Ordinance.
62 Editor’s Note: Section 35-101(B) of the existing Ordinance specifies this must be done at the owner’s expense, but
language to include the lessee has been added as it is often more appropriate in residential or commercial settings.
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(3) Upon failure to comply with this notice, the Administrator may remove the sign at cost to the
property owner63.
Division 7. Open Space.64
Section 8-7-1. Purpose and Intent.
(A) The standards in this Division are intended to ensure that a minimum amount of required open
space is provided in new development for the use and enjoyment of the development’s residents,
employees, and users in a manner that:
(1) Preserves the County’s natural resources;
(2) Provides open areas for use as active and passive recreation;
(3) Reduces the heat island effect of developed areas;
(4) Provides civic and meeting spaces for use by the public;
(5) Preserves trees and strands of older growth;
(6) Enhances stormwater management; and
(7) Provides other public health benefits.
Section 8-7-2. Applicability.
(A) General. All new development within the MHP Manufactured Home Park District, the RMF
Residential Multi-Family District, and the RPD Residential Planned Development District must
comply with the standards in this Division.
(B) Timing of Review. Review for compliance with the standards of this Division will occur during review
of an application for a residential planned development, Zoning Permit, Special Use Permit,
Building Permit, Certificate of Occupancy, Site Development Plan, or Subdivision Plat, as
appropriate.
(C) Open Space Plan Required. All development applications subject to review for compliance with the
standards of this Division must include an Open Space Plan, which shall designate all open-space
areas, including the amount of each type of open space provided, and the relation of each open
space area to the constructed areas of the site, including all buildings and circulation systems.
Section 8-7-3. Amount of Open Space Required.
(A) Development subject to these standards must provide open space in an amount that meets or
exceeds the minimum provided in Table VIII-10, Minimum Required Open Space, based on the
district where the development is proposed.
63 Editor’s Note: Text is adapted from 35-101(B) of the existing Ordinance.
64 Editor’s Note: This Division is new and includes Sections pertaining to what counts and does not count as open
space, general design standards; and ownership and maintenance of open space.
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Table VIII-10. Minimum Required Open Space.65
District Standard Development
MHP
30%
Includes requirement of 10% of the total park area required to be
dedicated to recreational use. See Section 4-5-3 of this Ordinance.
RMF
25%;
of that 25%, a minimum of 5,000 sq. ft per 2 acres shall be for
active or passive recreation
RPD 30%
See Section 4-8-1 of this Ordinance.
Section 8-7-4. Areas Counted as Open Space.
(A) The features and areas identified below shall count toward required open space as required by this
Division.
(1) Natural Features.
(i) Description. Naturally sensitive areas, such as floodplains, wetlands, and steep slopes,
native mixed forests, streams, ponds, rivers, existing and healthy wooded areas, and
natural vegetation.
(ii) Limitation.
(a) 50% of the required open space in all districts shall be comprised of natural features.
(2) Passive Recreation Areas.
(i) Description. Planned and regularly maintained open areas that provide passive recreation
opportunities, including arranged plantings, gardens, community gardens, picnic shelters,
gazebos, and similar structures.
(ii) Design Requirements. Passive recreation areas must have at least 1 direct access to a
building or to a street or walkway accessible to the development’s residents and users.
(3) Active Recreation Areas.
(i) Description. Land occupied by areas and facilities used for active recreational purposes,
such as ballfields, playgrounds, tennis courts, pools, jogging trails, and community
buildings and clubhouses.
(ii) Design Requirements. Land must be compact and contiguous unless used to link or
continue an existing or planned open space resource. Areas must have at least 1 direct
65 Editor’s Note: Open space requirements are new additions. These minimum percentages can be further amended,
if desired. Propose to remove the current 10% minimum open space requirement for B-1, B-2, M-1, and M-2 districts.
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access to a building or to a street or walkway accessible to the public or the development’s
residents and users.
(4) Required Landscaping and Buffers.
(i) Description. All areas occupied by required landscape areas and transitional buffers, except
for parking lot landscaping.
(ii) Design Requirements. As provided in Division 3, Landscaping and Screening, of this Article.
(5) Stormwater Management Areas/Facilities Treated as Site Amenities.
(i) Description. Stormwater management features that are incorporated into a site amenity
(e.g., with low fencing, vegetative landscaping, gentle slopes, fountain or other visible
water circulation device, and pedestrian access or seating).
(ii) Limitation. A maximum of 75% of the land area occupied by stormwater management
facilities (including retention and detention ponds and other bioretention devices) may be
included as open space.
(iii) Design Requirements. To qualify, stormwater management facilities must support passive
recreation uses by providing access, pedestrian elements such as paths and benches,
gentle slopes (less than 3:1), and vegetative landscaping.
(6) Public Access Easements.
(i) Description. Public access easements that include paths or trails that are available for
activities such as walking, hiking, running, and/or biking.
(ii) Design Requirements. Such access easements must include at least 1 improved access
from a public street, sidewalk, or trail that includes signage designating the access point.
Section 8-7-5. Areas Not Counted as Open Space.
(A) The following features and areas will not be counted as required open space for the purposes of
this Division:
(1) More than 50% of open space comprised of natural features, for residential and planned
development districts, as provided in Section 8-7-4 (A)(1), above.
(2) Yards on lots containing a single- or two-family dwelling, or manufactured home;
(3) Street rights-of-way, private access easements, or utility easements, including sidewalks
located within those rights-of-way or easements;
(4) Parking areas and driveways, including parking lot landscaping and walkways;
(5) Land covered by structures, unless designed for active or passive recreational uses;
(6) Designated outdoor storage areas and mechanical yards; and
(7) Stormwater management facilities not located and designed as a site amenity, as described in
Section 8-7-4 (A)(5), above.
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Section 8-7-6. Design and Development Standards.
(A) Location.
(1) Required open space must be readily accessible by residents and users of the development to
the maximum extent practicable.
(2) To the extent practicable, a portion of the open space should provide focal points for the
development through prominent placement or direct visibility from streets.
(B) Configuration.
(1) Required open space must be compact with a minimum of 40% of the required open space
contiguous, unless:
(i) A linear configuration is needed to continue an existing trail or accommodate preservation
of natural features; or
(ii) It can be demonstrated that a different configuration provides better access to usable
open space for intended users of the open space.
(2) If the development site is adjacent to existing or planned public trails, parks, or other public
open space area, the required open space must, to the maximum extent practicable, be located
to adjoin, extend, and enlarge the trail, park, or other public open space area.
(3) Pedestrian access to required open space must be provided from sidewalks or other pedestrian
ways within or adjacent to the development.
(C) Limitations.
(1) Development within required open space shall be appropriate to the purposes of the type of
required open space.
(2) All structures within required open space shall comply with setback and other dimensional
requirements of the district for which the development is located.
Section 8-7-7. Ownership and Maintenance.
(A) All required open space must include deed restrictions, covenants, or other legal instruments that
ensure continued use of the land for its intended open space purposes and provide for the
continued and effective management, operation, and maintenance of the land and facilities.
(1) Stormwater management facilities treated as site amenities must be maintained to provide for
the effective management of stormwater and as a passive recreation.
(B) Required open space must be maintained by the developer or owner of the project or by a property
owners’ association comprising owners of the property in the project.
(1) If property is conveyed to the property owners’ association, deed restrictions and covenants,
in form satisfactory to the County Attorney, must provide that any assessments, charges, or
costs of maintenance of required open space constitute a pro rata lien upon the individual
properties inferior in lien and dignity only to taxes and bona fide duly recorded first deeds of
trust on each property or lot.
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(C) Required open space may be dedicated to the County for public use only in a manner and form
approved by the County.
(D) Maintenance of natural features is limited to the minimum removal and avoidance of hazards,
nuisances, and unhealthy conditions, and the clearing of debris from trails.
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ARTICLE IX. – Nonconforming Uses, Lots, and Structures.
Division 1. General.
Section 9-1-1. Intent.1
With the adoption of this Ordinance or subsequent amendments, there exists lots, structures, and uses
of land and structures in combination which were lawful before this Ordinance was adopted or
amended, but which would be prohibited, regulated, or restricted under the terms of this Ordinance
or future amendments. It is the intent of this Ordinance to permit these nonconformities to continue
as established prior to Ordinance adoption and in accordance with the Code of Virginia § 15.2-2307, as
amended.
Section 9-1-2. General.2
Except as otherwise provided in this Ordinance, any lawful use, building, or structure existing at the
time of an amendment to this Ordinance may be continued even though such use, building, or structure
may not conform to this Ordinance’s provisions and shall be deemed nonconforming. Whenever the
boundaries of a zoning district are changed, any uses of land or buildings which become nonconforming
shall become subject to the provisions of this Article. A change in occupancy or ownership shall not
affect the right for the nonconforming use to continue or the nonconforming building or structure to
remain.
Division 2. Standards for Nonconformities.
Section 9-2-1. Nonconforming Uses.3
(A) A legal nonconforming use may continue as it existed when it became nonconforming. A
nonconforming use shall not be reconstructed, relocated, altered, or expanded in any manner,
including the addition of new accessory uses, except as provided for in this Section.
(B) A nonconforming use may change to a conforming use.
(C) The nonconforming use may be extended throughout those parts of a building which are lawfully
and manifestly arranged or designed for such use at the time of enactment of this Ordinance
provided there are no structural alterations, expansion, or enlargement except those required by
law or lawful order.
(D) A nonconforming use may be changed to another nonconforming use of the same or of a more
restricted classification. Whenever a nonconforming use of land or buildings has been changed
1 Editor’s Note: Addition of a new intent statement to introduce this Article.
2 Editor’s Note: These provisions can be found in Sections 35-161 and 35-163 of the existing Ordinance. However, new
text has been proposed for clarity.
3 Editor’s Note: This is a new section proposed for introduction to provide thorough regulations for nonconforming
uses.
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to a more restricted use or to a conforming use, such use shall not thereafter be changed to a
less restricted use.
(E) A nonconforming dwelling unit may have a home occupation subject to the requirements of
Article VI, Use Matrix, and Article VII, Use Performance Standards, of this Ordinance.
(F) A nonconforming use shall lose its nonconforming status and any further use shall conform to the
requirements of this Ordinance when:
(1) The nonconforming use is discontinued for a period of two (2) years and shall be deemed
abandoned.
(2) The nonconforming use is intentionally abandoned, regardless of the length of time that has
passed.
(3) The removal of a structure that had a nonconforming use carried out inside; removal of the
structure shall eliminate the nonconforming status of the land, and the nonconforming use
may not continue in a new structure.
(G) The casual, intermittent, temporary, or illegal use of land or buildings shall not be sufficient to
establish the existence of a nonconforming use, and the existence of a nonconforming use on a
part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or
tract.
(H) When evidence available to the Administrator is deemed to be inconclusive, whether a
nonconforming use exists shall be a question of fact and shall be decided by the BZA after public
notice and hearing as provided in Article III, Division 11 of this Ordinance, and in accordance with
the rules of the BZA as provided in Article II, Division 3 of this Ordinance.
Section 9-2-2. Nonconforming Lots of Record.4
(A) Any lot of record at the time of the adoption or amendment of this Ordinance which is less in
area and/or width than the minimum required by the zoning district may be used or built upon
in a manner consistent with the zoning district, provided that if minimum yard and/or setback
requirements of the zoning district cannot be met:
(1) The side yard requirements for existing nonconforming lots which are under 60 feet in width
may be reduced to 10% of the lot width. However, in no case shall the side yard requirement
be reduced to less than 10 feet; or
(2) A variance shall be obtained through the variance processes outlined in Article III, Permits
and Applications, of this Ordinance.
(B) A developed nonconforming lot may continue in existence but may not be altered except in
accordance with this Article.
(C) Any lot which is reduced in size and becomes less in area or width than the minimum required by
the zoning district, as the result of the widening or realignment of any State or Federal highway
4 Editor’s Note: This section is proposed to replace Section 35-165 of the existing Ordinance. New text is integrated
into existing text, which has been amended and reorganized for clarity and readability. New provisions include
provisions of (A)(2), (B), (C), and (D).
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or by voluntary or required dedication of right-of-way along an existing State or Federal highway
by reason of any condemnation proceedings, shall be considered a nonconforming lot of record.
(D) A nonconforming lot may become a conforming lot by meeting the current minimum lot size, lot
width, and lot frontage requirements of the zoning district in which the lot is located through the
following actions:
(1) A consolidation of the nonconforming lot with an adjacent lot;
(2) A boundary adjustment between two contiguous lots, one being nonconforming and the
other being conforming, provided such adjustment does not make the conforming lot
nonconforming, does not create an additional lot, and does not increase the nonconforming
lot’s nonconformity; or
(3) Rezoning to a different zoning district to meet the lot size, lot width, and lot frontage
requirements of that district.
Section 9-2-3. Nonconforming Structures, Buildings, and Improvements.5
(A) The construction of a nonconforming building for which a permit was issued legally prior to the
adoption of this Ordinance may proceed in accordance with Article I, Division 4, of this Ordinance.
(B) A nonconforming structure or nonconforming improvement may continue as it existed when it
became nonconforming. A nonconforming structure or nonconforming improvement shall not
be reconstructed, altered, or expanded in any manner, except as provided in this Section.
(C) A nonconforming building or structure shall include those circumstances where the County has:
(1) Issued a building permit or other permit authorizing construction and the building or
structure was constructed in accordance with the building permit, and upon completion, the
County issued a certificate of occupancy; or
(2) The owner of the building or structure has paid real estate taxes to the County for such
building or structure for a period of more than the previous 15 years.
(3) In no instances shall the nonconforming circumstance of the structure relate, or provide
nonconforming status, to a use. Nonconforming uses are established as outlined in Section
9-2-1, above.
(D) Additionally, a nonconforming building or structure shall include those circumstances where:
(1) A permit was not required, and an authorized governmental official informed the property
owner that the structure would comply with the Zoning Ordinance; and
(2) The improvements were then constructed accordingly.
5 Editor’s Note: Most of the proposed text within Section 9-2-3 is new, as the current Ordinance only has minimal
provisions related to nonconforming structures, buildings, and improvements. Adding this section helps clarify
nuances between nonconforming structures versus uses. The County should consider whether it would like to include
any additional regulations or amend the regulations proposed here.
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(3) However, in any proceeding when the authorized County official is deceased or unavailable
to testify, uncorroborated testimony of the oral statement of such official shall not be
sufficient evidence to prove that the authorized County official made such statement.
(E) A nonconforming structure may be changed to make it a conforming structure.
(F) A building or structure nonconforming only as to height, area, or bulk requirements may be
altered or extended, provided such alteration or extension does not increase the degree of
nonconformity in any respect.
(G) Any nonconforming building or structure may be brought into compliance with the Uniform
Statewide Building Code without affecting the nonconforming status of the building or structure.
(H) If a nonconforming structure is demolished or removed, no nonconforming structure shall be
reestablished, except as provided under Section 9-2-4, below.
(I) If a nonconforming structure is removed for any reason to another parcel of land, regardless of
distance, or the lot lines of the parcel on which it is located change, the structure shall thereafter
conform to the requirements of the district in which it is located.
Section 9-2-4. Repairs and Maintenance.6
(A) On any nonconforming structure or portion of a structure containing a nonconforming use, work
may be commenced in any period of 12 consecutive months if:
(1) Such repair constitutes routine maintenance necessary to keep the structure or improvement
in the same general condition it was in when it originally became nonconforming; or
(2) Such repairs constitute minor alterations, cosmetic modifications, interior renovations, and
similar changes.
(3) The cubic area of the structure, as it existed at the time of passage or amendment of this
Ordinance, shall not be increased.
(B) Nothing in this Ordinance shall permit a complete rebuild of a nonconforming structure, nor serve
to circumvent the requirements of this Article.
(C) Nothing in this Ordinance shall be deemed to prevent the strengthening or restoring to a safe
condition of any structure or part thereof declared to be unsafe by any official charged with
protecting the public safety, on order of such official.
(D) If a nonconforming building or structure is damaged or destroyed, in part or in full, by fire, natural
disaster or other act of God, such building or structure may be repaired, rebuilt, or replaced
provided that:
(1) The nonconforming features are eliminated or reduced to the extent possible, without the
need to obtain a variance;
6 Editor’s Note: This Section integrates text from Section 35-166 of the existing Ordinance; however, text has been
amended for clarity and reorganized for readability. Any new text is considered best practice, such as interior
renovations, or is added to meet the Code of Virginia requirements.
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(2) The owner shall apply for a building permit and any work done to repair, rebuild, or replace
such building shall be in compliance with the provisions of the Uniform Statewide Building
Code;
(3) The requirements of the Floodplain Overlay district regulations of this Ordinance are met, if
applicable; and
(4) The work is done within two years of the date of such damage, unless the building is in an area
under a federal disaster declaration and was damaged or destroyed as a direct result of the
disaster, in which case the time period shall be extended to four years.
(E) Owners of property damaged by an accidental fire have the same rights to rebuild such property
as if it were damaged by an act of God. Nothing herein shall be construed to enable the property
owner to commit an arson and obtain vested rights under this Section.
(F) If a nonconforming mobile home is removed other than by natural disaster, an act of God, or public
action, it may not be replaced except as provided for below unless it complies with regulations
within the Ordinance. Any such replacement home shall retain the valid nonconforming status of
the prior home.
(1) Nothing in this Section shall be construed to prevent the landowner or homeowner from
removing a valid nonconforming manufactured home from a mobile or manufactured home
park and replacing that home with another comparable manufactured home that meets the
current HUD manufactured housing code. In such mobile or manufactured home park, a single-
section home may replace a single-section home and a multi-section home may replace a
multi-section home.
(2) The owner of a valid nonconforming mobile or manufactured home not located in a mobile or
manufactured home park may replace that home with a newer manufactured home, either
single- or multi-section, that meets the current HUD manufactured housing code.
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ARTICLE X. – Definitions.
Division 1. Word Usage.
Section 10-1-1. General.
(A) For the purposes of this Ordinance, certain words or terms shall be defined as follows:
(1) Words used in the present tense include the future. Words in the singular include the plural,
and the plural includes the singular.
(2) The word "shall" or "must" is always mandatory; the word "may" is permissive.
(3) The words "used for" include "designed for," "arranged for," “occupied for,” “placed for,” or
“erected for”.
(4) The word "building" includes "structures" and shall be construed as if followed by the phrase
"or part thereof."
(5) The word "person" includes “firm,” "individual," "partnership," "company," "profit or nonprofit
corporation," "organization,” “trust,” or other similar entities.
(6) The word "erected" shall be deemed also to include "constructed, reconstructed, altered,
placed, or moved".
(7) The word “State” shall mean the Commonwealth of Virginia. The word “County” shall mean
Pittsylvania County, Virginia.
(8) The terms "land use" and "use of land" shall be deemed also to include "building use" and "use
of building".
(9) Unless otherwise specified, the term "day” means a calendar day.
(10) Unless otherwise specified, all distance shall be measured horizontally and at right angles to
the line in relation to which the distance is tied.
(11) The terms “architect,” “engineer,” “landscape architect,” and “surveyor,” or other profession
listed, refer to those professionals who are registered with the Virginia Department of
Professional and Occupational Regulation to practice those professions.
(12) The words, terms, and phrases, when used in this Ordinance, shall have the meanings ascribed
to them in this Article, except where the context clearly indicates a different meaning.
Section 10-1-2. List of Abbreviations.
Abbreviations used in this Ordinance are listed below with the term they abbreviate.
(A) BZA: Board of Zoning Appeals
(B) DEQ: Department of Environmental Quality
(C) DU: dwelling unit
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(1) du/acre: dwelling unit per acre
(D) FT: feet
(E) HUD: U.S. Department of Housing and Urban Development
(F) LF: linear foot
(G) N/A: not applicable
(H) PC: Planning Commission
(I) SF: square feet
(J) VDH: Virginia Department of Health
(K) VDOT: Virginia Department of Transportation
(L) USBC: Uniform Statewide Building Code
(M) ZA: Zoning Administrator
Division 2. General Terms.
Section 10-2-1. General.
Act of God. Any natural disaster or phenomena including, but not limited to, a hurricane, tornado, storm,
flood, high water, wind-driven water, tidal wave, earthquake, or fire caused by lightning or wildfire.
Adjacent. To be separated by common property lines, lot lines, streets, or roads; also known as: abutting,
adjoining, contiguous, or touching.
Administrator. The official of the County, or an authorized agent thereof, charged with the administration
and enforcement of the Zoning Ordinance, also referred to in this Ordinance as the Zoning Administrator.
Amendment. A change in the text or in the official Zoning Map which is a part of this Ordinance.
Animal Unit. For the purpose of determining the number of livestock animals permitted to be kept as
residential agriculture, one (1) animal unit shall be an animal of any size, except nursing juveniles, and 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) caprinae animals (goats, sheep);
two (2) porcine animals (pigs);
sixteen (16) small poultry (chickens, ducks);
eight (8) medium poultry (turkeys, geese); or
three (3) large poultry (ostriches, emus).
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Application. A request completed on a form or forms with all accompanying documents, exhibits, and fees
required, indicating a desire to be granted a permit, amendment, or other action under the provisions of
this Ordinance.
Area, buildable. The portion of a lot or site, exclusive of required setbacks, landscaping, parking, loading
and access areas, or open space within which a structure may be built.
Area, gross. The total area within a lot before dedication for roads, open spaces, or other public uses – but
not including rights-of-way, easements owned by others, or marshlands/wetlands within a development.
Bare-root planting. Planting of perennial plants whose roots are not wrapped via balling and burlap, and
whose roots are exposed when planted.
Board of Supervisors (BOS). The County’s governing body. Board of Supervisors members are elected by
popular vote and are responsible for enacting ordinances, imposing taxes, making appropriations, and
establishing County policy. The Board of Supervisors adopts the Comprehensive Plan, zoning, and
subdivision regulations.
Board of Zoning Appeals (BZA). A quasi-judicial board appointed to review Special Use Permits, Variances,
and requests for appeals made by individuals with regard to decisions of the Zoning Administrator in the
interpretation of this Ordinance and to authorize, upon appeal, variances from the terms of this ordinance
when justified by special conditions.
Boundary. A line, which may or may not follow a visible feature, that defines the limits of a geographic
entity such as a zoning district, block, census tract, county, or place.
Buffer, transitional. A strip of land, with plantings, designed to set apart and protect one space or activity
from an adjacent space or activity.
Building. Any structure having a roof supported by columns, walls, or other means.
Building height. The vertical distance from the average grade to the highest point of the roof surface.
Building Official. An appointed official of Pittsylvania County who is responsible for certifying building
inspections, and who administers and enforces the provisions of the Pittsylvania County Building Code.
Caliper. A measure of tree size, determined by measuring the diameter of the tree at breast height.
Canopy (attached). An architectural projection or shelter projecting from and supported by the exterior
wall of a building and composed of a covering of rigid or non-rigid materials and/or fabric on a supporting
framework that may be either permanent or retractable.
Canopy (freestanding). A freestanding structure composed of a covering of rigid or non-rigid materials
and/or fabric on a supporting framework that may be either permanent or retractable.
Certificate of Occupancy. The certificate issued by the Building Official that is required under the Uniform
Statewide Building Code prior to the use or occupancy of certain buildings and structures.
Code of Virginia. The laws which govern the territory and political subdivisions of the Commonwealth of
Virginia. The term "Code of Virginia" shall include "as amended."
Comprehensive Plan. A general document designating the general or approximate location, character, and
extent of each feature; appliable to all physical development of the territory within the jurisdiction of
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Pittsylvania County. The Comprehensive Plan shall be made with the purpose of guiding and accomplishing
a coordinated, adjusted, and harmonious development of the territory which will, in accordance with
present and probable future needs and resources, best promote the health, safety, morals, order,
convenience, prosperity, and general welfare of the inhabitants, including the elderly and persons with
disabilities.
Concept Plan. A generalized plan indicating the boundaries of a tract or tracts of land, and presenting the
general arrangement of proposed facilities, uses, structures, and improvements.
Conditional Zoning. A method for rezoning that permits the reasonable and orderly development and use
of land in specific, unique circumstances through the allowance of reasonable conditions governing the use
of the property, when the existing zoning district regulations are not adequate.
Density. The number of dwelling units that are allowed on a given unit of land, which shall be permitted to
include dedicated streets contained within the development. Density is determined by dividing the total
number of residential units or lots to be located on the parcel by the area of the base parcel.
District. See Zoning District.
Frontage, building. The length of an exterior building wall or structure of a single premise oriented to the
public way or other properties that it faces.
Fence. A barrier of man-made construction preventing movement across a boundary, including walls that
do not support a roof, but not retaining walls.
Fence, Ornamental. A fence other than a chain link or barbed wire fence intended to decorate, accent,
or frame a feature of the landscape. Ornamental fences are often used to identify a lot corner, or frame
a driveway, walkway, or planting bed.
Fleet vehicle. A vehicle that is owned or leased by a business, government agency, or other organization
rather than by an individual.
Footcandle. A measure of light falling on a surface. One footcandle equals the amount of light generated
by one candle shining on one square foot surface located 1 ft. away. Footcandle measurements must be
made with a photometric light meter.
Glare. The sensation produced by a bright light source within the visual field that is sufficiently brighter
than the level to which the eyes are adapted, which causes annoyance, discomfort, or loss in visual
performance. Disability glare is the effect of stray light in the eye where visibility and visual performance
are reduced.
Grade. The average of the highest and lowest elevations along natural or improved grade (whichever is
more restrictive) along the wall of the structure that is parallel to the front setback.
Governing Body (also referred to as Legislative Body). The Pittsylvania County Board of Supervisors.
Improved surface. A surface made of concrete, asphalt, bituminous pavement, brick or stone pavers, or
another hard, all-weather, dustless, permeable pavement system.
Interior aisle. A portion of a parking area which abuts, on one or more sides, parking spaces to which it
provides access, and which is not used for the parking of vehicles.
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Inoperable vehicle. 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.
Jurisdiction. The area or territory subject to the legislative control of the Governing Body.
Kelvin light color temperature. A light bulb color temperature’s unit of absolute temperature, noted by the
symbol K. The higher the Kelvin rating, the whiter the light will be. The Kelvin scale is generally as follows:
2700K (warm incandescent), 3000K (warm white halogen) and 3500K (household fluorescent).
Lamp. The component of a luminaire that produces light. A lamp is also commonly referred to as a bulb.
Lamp, mercury vapor. A gas discharge lamp that uses an electric arc through vaporized mercury to produce
light.
Landscaping. The finishing and adornment of unpaved yard areas. Materials and treatment include
naturally growing elements such as grass, trees, shrubs, and flowers. This treatment shall be permitted also
to include the use of logs, rocks, fountains, water features, and contouring of the earth.
Light emitting diode. A semiconductor light source that emits light when current flows through it. Also
referred to as an LED.
Lighting, decorative. Ambient or accent lighting intended to enhance the appearance of a use or structure.
The term does not include emergency or holiday decorative lighting.
Lighting, window. Rope-style lighting generally placed around the perimeter of window and/or door
openings.
Loading space. A space within the main structure or on the same lot therewith, providing for the standing,
loading, or unloading of trucks and other vehicles.
Lot. A parcel of land intended to be separately owned, developed, or otherwise used as a unit, established
by plat, subdivisions, or as otherwise permitted by law. May also be referred to in this Ordinance as a
“parcel”.
Lot, corner. A lot abutting on two or more streets at their intersection.
Lot, interior. Any lot other than a corner lot but including a through lot.
Lot, regular. A lot that has direct access to a public or approved private road. They are located,
shaped, and oriented to adjacent lots in such a way that the application of general measurements
can be reasonably applied, and the location of front, side, and rear setbacks is logically determined
by, and related to, adjacent streets and setback patterns.
Lot, stem. A lot approved in accordance with the provisions of Chapter 18 of the Pittsylvania County
Code and which does not abut a public street other than by its driveway which affords access to
the lot.
Lot, through. An interior lot, fronting on two parallel or approximately parallel streets.
Lot area. The total horizontal area included within the rear, side, and front lot lines, or proposed street lines
of the lot, excluding easements for streets or highways, whether dedicated or not dedicated to public use.
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Lot area for the purpose of satisfying minimum area requirements shall not include portions under water
except where the total area of a body of water is within the lot and/or constitutes less than 20% of the lot
area.
Lot depth. The distance between the front lot line and rear lot line of a lot, measured along a straight line.
Lot frontage. The distance from which the front boundary line of the lot coincides with the abutting street
or road.
Lot line, front. A lot line connecting the foremost points of the side lot lines and delineating the lot from
the abutting street or road.
Lot line, rear. A lot line which is opposite and most distant from the front lot line and connecting the
rearmost points of the side lot lines.
Lot line, side. Any lot line not considered a front or rear lot line.
Lot of record. A lot which has been recorded in the Clerk's Office of the Circuit Court of Pittsylvania County.
Lot width. The horizontal distance between the side lot lines of a lot, measured at the front setback.
Lumen. A standard unit of measurement of luminous flux.
Luminaire. A complete electric light unit.
Luminaire, full cut-off. An outdoor light fixture shielded in such a manner that all light emitted by the
fixture, either directly from the lamp or indirectly from the fixture, is projected down below the fixture.
Luminaire, directionally shielded. An outdoor light fixture that contains visors, louvers, and other types
of shields or lenses designed to direct light onto a targeted area and to minimize stray light.
Luminaire, outdoor. A luminaire which is permanently installed outdoors including, but not limited to,
devices used to illuminate any site, structure, or sign, except that it does not include an internally
illuminated sign.
Luminance. A photometric measure of the luminous intensity per unit area of light travelling in a given
direction.
Mural. An inscription, drawing, mark, or design that is etched, painted, or drawn directly upon the exterior
of any building or other structure and is visible from the public right-of-way.
Nit. A measurement of candelas per square meter (cd/m2) and used frequently to describe sign luminance
and to measure sign brightness.
Nonconforming lot. An otherwise legally platted lot that does not conform to the minimum area and width
requirements of this Ordinance for the district in which it is located either at the effective date of this
Ordinance or as a result of subsequent amendments to the Ordinance.
Nonconforming structure. An otherwise legal building or structure that does not conform with the lot area,
yard, height, lot coverage, or other area regulations of this Ordinance, or is designed or intended for a use
that does not conform to the use regulations of this Ordinance, for the district in which it is located, either
at the effective date of this Ordinance or as a result of subsequent amendments of the Ordinance.
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Nonconforming use. The otherwise legal use of a building or of a tract of land that does not conform to the
use regulations of this Ordinance for the district in which it is located, either at the effective date of this
Ordinance or as a result of subsequent amendments to this Ordinance. Any use that was unlawful on the
Date of Adoption of this Ordinance shall remain unlawful and shall not be a nonconforming use.
Non-residential structure. A building or structure, or part of a building or structure, not occupied in whole
or in part for the purpose of human habitation. Examples include warehouse and industrial buildings,
commercial buildings, buildings for public entertainment, hotels, restaurants, educational buildings, health
buildings, etc.
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.
Off-street parking. Space provided for vehicular parking outside the dedicated street right-of-way.
On-site sewerage system, individual. A wastewater treatment system included on an individual lot on which
the Health Department has approved an individual septic tank and drain field or similar wastewater
treatment system to serve a single-family or two-family dwelling. Such wastewater treatment system
design shall not result in a point source discharge.
On-site sewerage system, mass drainfield. A wastewater treatment system approved by the Health
Department on a lot that is normally separated from residential lots. Both a septic tank and a drainfield
serve multiple residential or other units. Such wastewater treatment system design shall not result in a
point source discharge.
Open space. Land area not covered by buildings, roads, driveway and parking areas, or outdoor storage
areas, including, but not limited to, landscape areas, gardens, woodlands, walkways, courtyards or lawns,
outdoor recreation areas, and those elements provided in Article VIII, Community Design Standards, of this
Ordinance.
Parking lot. An off-street, ground level area that is used to provide for the required parking spaces, and
associated aisles, as provided in Article VIII, Community Design Standards, of this Ordinance.
Parking space. A designated space designed to park a vehicle; such space being exclusive of necessary
drives, aisles, entrances and exits and being fully accessible for the parking or storage of permitted vehicles.
Planning Commission. A board of the local government consisting of such appointed members whose
functions include advisory or nontechnical aspects of planning and may also include such other powers and
duties as may be assigned to it by the Board of Supervisors.
Proffer. A voluntary offer that addresses an impact or impacts from use of property or development,
tendered by an applicant for conditional rezoning.
Public hearing. A meeting announced and advertised for soliciting formal public comment on matters under
consideration.
Public sewer system. A sewer system owned and operated by a sanitary district, public service authority,
locality, or owned and operated by a corporation and properly chartered and certified by the State
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Corporation Commission that operates or will operate in the County. These systems result in a point
discharge and must be approved by the State Health Department and the State Water Control Board.
Public water system. A water system owned and operated by a sanitary district, public service authority,
locality, or owned and operated by a corporation and properly chartered and certified by the State
Corporation Commission providing drinking and/or domestic water use services to multiple users. These
systems are approved by the State Health Department and generally have at least fifteen (15) connections
or an average of twenty-five (25) individuals for at least sixty (60) days out of the year.
Recreation, active. Recreation which requires physical alteration to the area in which they are performed.
This generally includes recreation or recreation areas such as playgrounds, ball courts, golf courses, and
swimming pools.
Recreation, passive. Recreation that involves existing natural resources and/or minimal development and
has a minimal impact. This generally includes walking, hiking, picnicking, birdwatching, and enjoyment of
open areas such as parks.
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.
Recreational vehicle and boat parking. A designated parking lot for recreational vehicles and boats that are
not currently being used; may be accessory to a residential use.
Retaining wall. A manmade barrier constructed for the purpose of stabilizing soil, retarding erosion, or
terracing a slope.
Rezoning. A request to change the zoning classification of a particular lot of land.
Right-of-Way (ROW). An area of land not on a lot that is dedicated to public use for pedestrian and vehicular
movement, which may also accommodate public utilities infrastructure (including but not limited to water
lines, sewer lines, power lines, and gas lines.)
Screening. Landscaping, solid fencing, or masonry walls, or combination thereof, that physically and visually
shields uses or their appurtenances, such as dumpsters and mechanical equipment, from adjacent property
or uses.
Setback. The minimum distance by which any building or structure must be separated from a street right-
of-way or lot line.
Setback, front. The minimum distance from the front lot line(s) to the nearest point of the allowable
structure(s), measured perpendicular to the front lot line. For Stem Lots, the front setback is the
minimum distance from the edge of the right of way or “end” of the stem portion.
Setback, rear. The minimum distance from the rear lot line to the nearest point of the allowable
structure(s), measured perpendicular to the rear lot line.
Setback, side. The minimum distance from the side lot line(s) to the nearest point of the allowable
structure(s), measured perpendicular to the side lot line(s).
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Sign. Any object, device, display, or structure, or part thereof, visible from a public place, a public right-of-
way, any parking area, or right-of-way open to use by the general public, or any navigable body of water
that is designed and used to attract attention to an institution, organization, business, product, service,
event, or location by any means involving words, letters, figures, designs, symbols, fixtures, logos, colors,
illumination, or projected images.
Sign, abandoned. A sign structure that has ceased to be used, and the owner intends no longer to have
used, for the display of sign copy, or as otherwise defined by State law.
Sign, animated. A sign employing actual motion or the illusion of motion. Animated signs, which are
differentiated from changeable signs, as defined and regulated by this Ordinance, include the following
types:
• Electrically Activated. Animated signs producing the illusion of movement by means of
electronic, electrical, or electro-mechanical input and/or illumination capable of simulating
movement through employment of the characteristics of one or both of the classifications
noted below:
o Flashing. Animated signs or animated portions of signs whose illumination is
characterized by a repetitive cycle in which the period of illumination is either the same
as or less than the period of non-illumination. For the purposes of this Ordinance,
flashing will not be defined as occurring if the cyclical period between on-off phases of
illumination exceeds ten seconds.
o Patterned Illusionary Movement. Animated signs or animated portions of signs whose
illumination is characterized by simulated movement through alternate or sequential
activation of various illuminated elements for the purpose of producing repetitive light
patterns designed to appear in some form of constant motion.
Sign area. The entire area enclosing the extreme limits of writing, representation, pictorial elements,
emblems, or a figure of similar character, together with all material, color, or lighting forming an integral
part of the display or used to differentiate the Sign from the background against which it is placed.
Sign, awning. See “Sign, canopy.”
Sign, banner. A sign utilizing a banner or flexible substrate as its display surface for copy or graphics.
Sign, canopy. A sign displayed on or attached flat against the surface or surfaces of a canopy. Illuminated
canopies, if translucent, are considered part of the total canopy sign area.
Sign, changeable. A sign that includes any changing of the message either electronically or manually in
which the message is stationary and does not fluctuate in size or brightness.
Sign copy. Those letters, numerals, figures, symbols, logos, and graphic elements comprising the content
or message of a sign, exclusive of numerals identifying a street address only.
Sign, double-faced. A sign with two faces, back-to-back.
Sign, exterior. Any sign placed outside a building.
Sign face. The particular area of the sign structure upon which a message, copy, or advertisement is
displayed for viewing.
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Sign, fascia. See "Wall Sign."
Sign, flag. Non-governmental flags are deemed to be signs and shall be subject to the provisions of this
Ordinance. The official flags of the federal, state, county, or municipal governments are not deemed to be
signs.
Sign, flashing. See "Sign, animated, electrically activated."
Sign, freestanding. A sign principally supported by a structure affixed to the ground, and not supported by
a building, including signs supported by one or more (structures) columns, poles, or braces placed in or
upon the ground.
Sign, height. The entire height of the structure from the ground to the top of the structure regardless of
wording or decorative nature.
Sign, illuminated. A sign characterized by the use of artificial light, either projecting through its surface(s)
(internally illuminated); or reflecting off its surface(s) (externally illuminated).
Sign, interior. Any sign placed within a building, but not including "signs, window" as defined by this
Ordinance. Interior signs, except for window signs as defined, are not regulated by this Ordinance.
Sign maintenance. To prevent through preservation, repair, or restoration, the development of any rust,
corrosion, rot, chipping, peeling, or other deterioration in either the physical appearance or the safety of
every sign.
Sign, marquee. See “Sign, canopy.”
Sign, minor. A wall or freestanding sign not exceeding 3 sq. ft. in area, not exceeding 4 ft. in height, and not
illuminated. Examples include no trespassing signs, displays of building address, security warning signs,
parking signs, entrance/exit signs, and on-site directional signs.
Sign, monument. A “sign, freestanding” having the appearance of a solid, rectangular, or cylindrical base.
Sign, multiple-faced. A sign containing 3 or more faces.
Sign, nonconforming. A sign lawfully existing as of the effective date of this Ordinance, and which do not
conform to the provisions of this Ordinance.
Sign, off-site. A sign which directs attention to a business, commodity, service, activity, or entertainment
conducted, sold, or offered on a parcel of land other than the one on which the sign is located.
Sign, on-site. A sign erected, maintained, or used in the outdoor environment for the purpose of the display
of messages appurtenant to the use of, products sold on, or the sale or lease of the property on which it is
displayed.
Sign, pennant. A sign made with flexible material, with or without lettering for design, usually suspended
from one or two corners, and manufactured and placed for the purpose of attracting attention. Also
referred to as a streamer.
Sign, pole. See “sign, freestanding.”
Sign, portable. Any sign not permanently attached to the ground or to a building or building surface. For
example, an A-frame sign.
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Sign, projecting. A sign that is attached to, or projects from, a building face or wall, and whose faces are not
parallel to the building face or wall.
Sign, roof. A sign mounted on, and supported by, the main roof portion of a building, or above the
uppermost edge of a parapet wall of a building and which is wholly or partially supported by such a building.
Signs mounted on mansard facades, pent eaves, and architectural projections such as canopies or
marquees shall not be considered to be roof signs.
Sign structure. Any structure supporting a sign.
Sign, temporary. A sign designed or intended, based on materials and structural components, to be
displayed for a specified or limited period of time, regardless of type or style of sign. Examples include real
estate signs, yard sale signs, contractor’s signs, and special or one-time event signs per year.
Sign, vehicle. Any sign that is painted, mounted, adhered, magnetically attached, or otherwise permanently
affixed to or incorporated into a vehicle or trailer, except those unlicensed, inoperative, or generally
stationary vehicles and/or trailers.
Sign, wall. A sign that is in any manner affixed to any exterior wall of a building or structure and that projects
not more than 15 inches from the building or structure wall, including signs affixed to architectural
projections from a building provided the copy area of such signs remains on a parallel plane to the face of
the building or to the face or faces of the architectural projection to which it is affixed and exteriors of
windows.
Sign, window. A sign affixed to the interior surface of a window with its message intended to be visible to
and readable from the public way or from adjacent property. Signs affixed to the exterior of the surface of
a window are considered wall signs.
Site Development Plan. A plan prepared by a professional engineer or land surveyor licensed by the state
and illustrating a proposed development or a subdivision including all covenants, grants, or easements and
other conditions relating to use, location, and bulk of buildings, density of development, common open
space, public facilities, and such other information as required by the Zoning Ordinance, Subdivision
Ordinance, or other applicable ordinances.
Special Use Permit. An approval for a use that may be appropriate in a zoning district, but because of its
nature, extent, and external effects, requires special consideration and restrictions relating to its location,
design, and methods of operation before it can be deemed appropriate in the district and compatible with
its surroundings.
Steep slope. The portion of a lot with a grade of more than 15%, grade being the vertical elevation of land
area divided by the horizontal distance.
Stormwater management facility. A control measure that controls stormwater runoff and changes the
characteristics of that runoff including the quantity and quality, the period of release or the velocity of flow.
Structure, accessory. A subordinate structure, use of land, building, or a portion of a main building or use
which is clearly incidental to or customarily found in connection with and located on the same lot as the
principal structure or use.
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Structure, principal. A building in which is conducted the primary use of the lot on which it is situated, or
where a lot contains residential uses, the principal structure on the lot shall mean the largest building that
contains any dwelling unit.
Tree canopy or tree cover. All areas of coverage by plant material exceeding 5 ft. in height, and the extent
of planted tree canopy at 10- or 20-years maturity, as applicable. Planted tree canopy at maturity shall be
based on published reference texts generally accepted by landscape architects, nurserymen, and arborists,
i.e., in The Manual of Woody Landscape Plants by Michael A. Dirr (4th edition, 1990).
Tree, deciduous. A tree that loses its leaves at the end of its growing season and becomes dormant during
the winter.
Tree, evergreen. A tree that does not shed its leaves in the winter but stays green all year.
Tree, ornamental. A tree that is typically a deciduous tree possessing qualities such as flowers or fruit,
attractive foliage, bark, or shape.
Tree, protected. Any healthy tree to be preserved on site shall be protected before, during, and after the
development process utilizing accepted practices; see Article VIII for the preference for which trees are to
be protected on a given site.
Tree, understory. A tree that is small enough, and sufficiently shade tolerant, to thrive under the canopies
of other, taller trees.
Use, principal. The principal purpose for which a lot or the main building thereon is designed, arranged, or
intended and for which it is used, occupied, or maintained.
Use, accessory. Uses of land and buildings that are found on the same parcel as the principal use but are
subordinate and incidental. Examples of accessory uses include parking, storage sheds, and garages.
Variance. A reasonable deviation from those provisions regulating the size or area of a lot or parcel of land,
or the size, area, bulk or location of a building or structure when the strict application of the Ordinance
would result in unnecessary or unreasonable hardship to the property owner which is not created by the
owner, relief or remedy is not available through this ordinance, and such need for a variance would not be
shared generally by other properties, and provided such variance is not contrary to the purpose of the
Ordinance.
Vegetation. Any object of natural floral growth.
Vested Right. Any written order, requirement, decision, or determination regarding the permissibility of a
specific use, structure, or density of a landowner's property that constitutes a significant affirmative
governmental act pursuant to Code of Virginia § 15.2-2307 and is issued in strict accordance with the
requirements of this Ordinance.
Visibility Triangle. A triangular area that is included between the lines of an intersecting public street or
private driveway, extended to the point where the lines intersect, and, at points on each line 20 ft. distant
from that point, a straight line connecting them.
Yard. An open space between building or use and the adjoining lot lines, unoccupied or unobstructed by
any portion of a structure or use.
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Yard, front. An open space on the same lot as a building between the front line of the building
(excluding steps) and the front lot or street line and extending across the full width of the lot.
Yard, rear. An open, unoccupied space extending across the full width of the lot, the depth of which
is the distance between the rear lot line and the rear line of the building, excluding open steps and
stoops, on the lot.
Yard, side. An open, unoccupied space extending from the front setback line to the rear setback
line, along the side of a lot, the depth of which is the distance between the side lot line and the
side line of the building, excluding open steps and stoops.
Zoning Administrator. See Administrator.
Zoning approval. Includes Special Use Permit, conditional zoning, variance, administrative modifications,
substantial accord, rezoning, and zoning permit approvals.
Zoning district, primary. A specifically delineated section of the County in which the regulations are uniform
and so designated on the Zoning Map.
Zoning district, overlay. A district which addresses special land use circumstances or environmental
safeguards by superimposing additional standards and regulations over the underlying Primary Zoning
District. Permitted uses in the underlying Primary Zoning District shall continue subject to compliance with
the regulations of the Overlay Zoning District.
Zoning Permit. A permit issued by the Zoning Administrator on an appropriate form or certificate which
certifies that a building or use of property complies with the regulations of the Zoning District in which the
building or use is located.
Zoning Map. A legally adopted map depicting the location of each zoning district of the county and all
amendments thereto.
Division 3. Overlay District Terms.
Section 10-3-1. Lake Surface Overlay District.
Boathouse. A structure designed and used for the storage of boats owned and used by the occupants or
owners of the residence or residential lot on which the structure is located.
Cove. A lake inlet of at least one hundred (100) feet as measured from the closed end of the inlet to a line
linking the two (2) sides of the open end. The width of the open end must be at least fifty (50) feet wide.
Dock. A piling-mounted stationary or floating platform extending into the water and used as a landing place
for boats or to protect or form a cove. May also be referred to in this Ordinance as a “pier”.
Float. See “Mooring”.
Flowage Easement. Easement rights retained by Appalachian Power Company on certain parcels of land at
Smith Mountain Lake to allow for the rise and fall of the lake pool height during daily operations, with
allowance for flood induced variations.
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Full Pond Height. The maximum lake level established for management. For Smith Mountain Lake, the full
pond height is established to be 795 feet. For Leesville Lake, the full pond height is established to be 613
feet.
Mooring. A structure designated to rest on or be buried in the bed of a navigable water body to aid
navigation. The structure is attached by a chain, cable, rope, or other mechanism, and is designed to be left
in position permanently or on a seasonal basis. May also be referred to in this Ordinance as a “float”.
Pier. See “Dock”.
Shoreline. The boundary line, at normal pool, between the land and water.
Section 10-3-2. Floodplain Overlay District.
Flood Insurance Rate Map (FIRM). An official map of a community, on which the Federal Emergency
Management Agency (FEMA) has delineated both the areas of special flood hazard and the risk premium
zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood
Insurance Rate Map (DFIRM).
Floodplain. Those areas adjoining a river, stream, watercourse, or lake, which have been, or hereafter are
likely to be covered by floodwaters.
Section 10-3-3. Airport Overlay District.
Airport. The term “airport” shall refer to Danville Regional Airport.
Airport hazard. An obstruction determined by the Virginia Department of Aviation or the Federal Aviation
Administration to have a substantial adverse effect on the safe and efficient utilization of navigable airspace
in the Commonwealth.
Airport safety zones. Zones which include all the area and airspace of Pittsylvania County lying equal to and
above the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as applicable
to an airport. Such zones shall be established and regulated by Part 77.25, 77.28, and 77.29, Sub E
(Airspace), of Title 14 of the Code of Federal Regulations, or in successor federal regulations.
Division 4. Use Terms.
Section 10-4-1. Agricultural.
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.
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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, as amended, 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 herein.
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.
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.
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Section 10-4-2. Residential.
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,
as amended, 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, as amended, 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 Unit. One or more rooms arranged, designed, used, or intended for use as a residence containing
living space and kitchen and bathroom facilities.1
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 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.).
1 Editor’s Note: This definition has been added and consolidates the definitions of “dwelling” and “dwelling unit” that
were approved by the Board of Supervisors on 8/15.
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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. 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. 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.
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.
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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 property used as a short-term rental, or lessee of the
property used as short-term rental unit with a lease agreement that is one year or greater in
length, who occupies the property as their principal place of residence and domicile. In
determining compliance with these regulations, the host has the burden of demonstrating
ownership of the dwelling unit; if the host is a lessee, the lessee shall then provide proof of
residence, as deemed necessary by the County Commissioner of the Revenue.
Residential dwelling unit. A residence where one or more persons maintain a household.
Section 10-4-3. Public, Civic, and Recreational.
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 mobile homes) for recreational or
educational purposes.
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.
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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.
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.
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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. For purposes of this Ordinance, the term does not include “power station” as
defined herein.
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.
Section 10-4-4. Commercial.
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.
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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 educational facilities,
family home day care, or any facility offering care to individuals for a full twenty-four-hour period.
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.
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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.
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.
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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.
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, house parties, 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.
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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 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.
Section 10-4-5. Industrial.
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.
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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,
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 electronics, food products, non-alcoholic beverages, prints, household appliances,
leather products, jewelry and clothing/apparel, metal work, furniture, glass, ceramic or paper, 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.
Power Station. An industrial facility whose primary purpose is the generation of electric power for offsite
consumption, fueled by natural gas or another form of nonrenewable energy. Power stations may be
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owned and operated by a public utility, but for purposes of this Ordinance, are not considered a “Major
Utility” as defined herein.2
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.
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.
Section 10-4-6. Miscellaneous.
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.
2 Editor’s Note: Term and definition added in June 2024 per County staff request.
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Pittsylvania County Zoning Ordinance Update
Draft Article X – Definitions
Draft Article X – Definitions | X-27
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.
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. 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.
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8.a.
BOARD OF SUPERVISORS
EXECUTIVE SUMMARY
Closed Session
Agenda Title: Closed Session (Legal)
Staff Contact(s): Vaden Hunt
Agenda Date: June 18, 2024 Item Number: 8.a.
Attachment(s): None
Reviewed By:
Consultation with legal counsel employed or retained by a public body
regarding specific legal matters requiring the provision of legal advice by such
counsel. Nothing in this subdivision shall be construed to permit the closure of a
meeting merely because an attorney representing the public body is in
attendance or is consulted on a matter.
(1) Legal Authority: Virginia Code § 2.2-3711(A)(8)
Subject Matter: Employment Matter Regarding Former Sheriff's
Employee
Purpose: Consultation with Legal Counsel/Legal Advice
and Discussion Regarding the Same
297
8.b.
BOARD OF SUPERVISORS
EXECUTIVE SUMMARY
Closed Session
Agenda Title: Closed Session (Economic Development)
Staff Contact(s): Matthew Rowe
Agenda Date: June 18, 2024 Item Number: 8.b.
Attachment(s): None
Reviewed By:
Discussion concerning a prospective business or industry or the expansion of an
existing business or industry where no previous announcement has been made
of the business' or industry's interest in locating or expanding its facilities in the
community.
(1) Legal Authority: Virginia Code § 2.2-3711(A)(5)
Subject Matters: Projects Rain, Big Dipper, Toy Story, Thunder, and
Ballyhoo
Purpose: Economic Development Projects Update/Discussion on
Unannounced Prospective Businesses/Industries
298
8.c.
BOARD OF SUPERVISORS
EXECUTIVE SUMMARY
Closed Session
Agenda Title: Closed Session (Personnel)
Staff Contact(s): Board of Supervisors
Agenda Date: June 18, 2024 Item Number: 8.c.
Attachment(s): None
Reviewed By:
Discussion, consideration, or interviews of prospective candidates for
employment; assignment, appointment, promotion, performance, demotion,
salaries, disciplining, or resignation of specific public officers, appointees, or
employees of any public body. (Contact: Board of Supervisors)
(1) Legal Authority: Virginia Code § 2.2-3711(A)(1)
Subject Matter: County Administrator Hiring/Search
Purpose: Review/Discussion of Related Next Steps
299
9.a.
BOARD OF SUPERVISORS
EXECUTIVE SUMMARY
Action Item
Agenda Title: Closed Session Certification
Staff Contact(s): Kaylyn McCluster
Agenda Date: June 18, 2024 Item Number: 9.a.
Attachment(s): None
Reviewed By:
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS’
CLOSED MEETING CERTIFICATION
BE IT RESOLVED that at the Pittsylvania County Board of Supervisors’
(“Board”) Work Session on June 18, 2024, the Board hereby certifies by a recorded
vote that to the best of each Board Member’s knowledge, only public business
matters lawfully exempted from the Open Meeting requirements of the Virginia
Freedom of Information Act (“Act”) and identified in the Motion authorizing the
Closed Meeting were heard, discussed, or considered in the Closed Meeting. If
any Board Member believes that there was a departure from the requirements of
the Act, he shall so state prior to the vote indicating the substance of the
departure. The Statement shall be recorded in the Board's Minutes.
Vote
Kenneth L. Bowman Yes/No
Timothy W. Dudley Yes/No
Eddie L. Hite, Jr. Yes/No
William V. ("Vic") Ingram Yes/No
Murray W. Whittle Yes/No
Robert M. Tucker, Jr. Yes/No
Darrell W. Dalton Yes/No
300