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02-09-2023 Legislative Committee Meeting Agenda Packet LEGISLATIVE COMMITTEE Thursday, February 9, 2023 – 1:00 PM Board Meeting Room 39 Bank Street, SE, Chatham, Virginia 24531 AGENDA 1. CALL TO ORDER 2. ROLL CALL 3. REVISIONS/ADDITIONS TO AGENDA 4. APPROVAL OF AGENDA 5. NEW BUSINESS a. PCC Chapter 43 (Disclosure of Personal Business Interests by County Officials and Employees) Revisions Review (Staff Contact: Kaylyn M. McCluster) b. Short-Term Rentals Ordinance Preliminary Discussion (Staff Contact: Emily S. Ragsdale) c. Solar Ordinance Revisions Review (Staff Contact: Emily S. Ragsdale) d. Temporary Residential Occupancy of Campers Ordinance Review (Staff Contact: Emily S. Ragsdale) 6. MATTERS FROM COMMITTEE MEMBERS 7. ADJOURNMENT Legislative Committee EXECUTIVE SUMMARY ACTION ITEM Agenda Title: PCC Chapter 43 (Disclosure of Personal Business Interests by County Officials and Employees) Revisions Review (Staff Contact: Kaylyn M. McCluster) Staff Contact(s): Kaylyn M. McCluster Agenda Date: February 09, 2023 Item Number: 5.a Attachment(s): PCC Chapter 43 Revisions Reviewed By: SUMMARY: Chapter 31 of the Code of Virginia outlines the Conflict of Interest Act for State and Local Government, which includes annual disclosure statements that are required to be filed. Virginia § 2.2-3115 was recently updated and now requires Industrial Development Authority Members to file the Statement of Economic Interest Form, instead of the Financial Disclosure Statement. County Staff was also contacted by the Office of Children’s Services stating that all CPMT and FAPT Members who are Parent Representatives and/or Private Providers, need to complete the Statement of Economic Interest form as well. For the above reasons, Pittsylvania County Code (“PCC”), Chapter 43, Disclosure of Personal Business Interests by County Officials and Employees, needs to be updated to reflect said Virginia Code changes, and to bring all other Boards and Commissions up to date with current filing requirements. There are Boards that have been eliminated and created since the last update to PCC Chapter 43. Finally, this year, the Virginia Conflict of Interest Advisory Council sent communication that localities can determine if they will allow electronic signature and acceptance of all annual filing forms. If so, localities are required to adopt a written policy stating the same. County Staff believes including this addition to PCC Chapter 43 will make the collection of filing forms more efficient. For the Legislative Committee’s (“LC”) review and consideration, a revised copy of PCC Chapter 43 is attached. FINANCIAL IMPACT: Not applicable. RECOMMENDATION: County Staff recommends the LC recommend the Board to adopt the attached PCC Chapter 43 5.a Packet Pg. 2 revisions as presented at the Board’s February Business Meeting, following the conducting of the legally required Public Hearing. MOTION: “I make a Motion recommending the full Board adopt the attached PCC Chapter 43 revisions as presented at the Board’s February Business Meeting, following the conducting of the legally required Public Hearing. 5.a Packet Pg. 3 PITTSYLVANIA COUNTY CODE CHAPTER 43 DISCLOSURE OF PERSONAL INTERESTS BY COUNTY OFFICIALS AND EMPLOYEES § 43-1. Purpose. § 43-2. When and by Whom Required. § 43-3. Additional Disclosure. 5.a.a Packet Pg. 4 Attachment: PCC Chapter 43 Revisions (3581 : PCC Chapter 43 (Disclosure of Personal Business Interests by County Officials and Employees) CHAPTER 43 DISCLOSURE OF PERSONAL INTERESTS BY COUNTY OFFICIALS AND EMPLOYEES SEC. 43-1. PURPOSE. To enhance citizen confidence in local government, the disclosure statement of personal interests of certain county officers and employees is required in accordance with the Virginia State and Local Government Conflict of Interests Act (the “Act’). This Chapter does not apply to County Constitutional Officers or the School Board. Said entities are responsible for their own disclosure filings under the Act. SEC. 43-2. WHEN AND BY WHOM REQUIRED. At the time(s) prescribed by the Act, the following individuals shall be required to file the following form(s): A. Disclosure of Real Estate Holdings (Virginia Code § 2.2-3115(G)): 1. Planning Commission Members; 2. Board of Zoning Appeals Members; 3. Board of Assessors Members; 4. Real Estate Assessor(s); and 5.3. County Administrator. B. Statement of Economic Interests (Virginia Code § 2.2-3115): 1. Board of Supervisor Members; 2. Industrial Development Authority Members; 3. CPMT and FAPT Members who are Parent Representatives or Private Providers. C. Financial Disclosure Statement (Virginia Code § 2.2-3115): 1. CPMT Members; 2. FAPT Members; 3. Library Board Members; and 3.4. Staunton River Regional Industrial Facility Authority Members. ***We also need to include a section regarding the submission of the forms. Just stating that the BOS allows electronic submission via email or fax, and will also accept electronic signatures. 5.a.a Packet Pg. 5 Attachment: PCC Chapter 43 Revisions (3581 : PCC Chapter 43 (Disclosure of Personal Business Interests by County Officials and Employees) SEC. 43-3. ADDITIONAL DISCLOSURE. Nothing contained in this article shall be deemed to relieve any person subject to the Act from any requirement of disclosure of his or her personal interest in a transaction of specific application, not otherwise identified in the forms required hereby, or from the additional disclosures required by Virginia Code § 2.2-3115. Nothing contained herein also prevents the Pittsylvania County Board of Supervisors from requiring additional discretionary entities or individuals from making VA COIA disclosures via Resolution. (B.S.M. 6/6/16 ), (B.S.M. 4/18/17) SEC. 43-4. SUBMISSION OF FORMS Signature and submission of all forms are permitted electronically, via email, fax, or first-class mail. 5.a.a Packet Pg. 6 Attachment: PCC Chapter 43 Revisions (3581 : PCC Chapter 43 (Disclosure of Personal Business Interests by County Officials and Employees) Legislative Committee EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Short-Term Rentals Ordinance Preliminary Discussion (Staff Contact: Emily S. Ragsdale) Staff Contact(s): Emily S. Ragsdale Agenda Date: February 09, 2023 Item Number: 5.b Attachment(s): HB 2271 STR v 2 by Erin Kormann and Chip Dicks January 16 2023 (1) Reviewed By: SUMMARY: Currently, the Virginia General Assembly is considering House Bill No. 2271, attached, which would amend and reenact Virginia Code § 15.2-983 relating to short-term rental property. If adopted, this Bill will restrict a locality’s ability to restrict or govern short-term rental property managed by a Virginia realtor. This Bill defines “short-term rentals” as “the provision of a room or space that is suitable or intended for occupancy for dwelling, sleeping, or lodging purposes, for a period of fewer than 30 consecutive days, in exchange for a charge for the occupancy. The term “short-term rentals” includes homestays, whole home rentals, bed and breakfasts, hotels/motels, and boarding houses. Currently, the County only regulates hotels/motels. With the increased popularity in short-term rentals across the country due to the prevalent use of online rental platforms and the potential for increased traffic to the area soon, the lack of regulations of short-term rental uses could begin to create adverse effects on County properties near short-term rentals. If HB 2271 is adopted prior to the County adopting short-term rental regulations, the County would lose the ability to regulate short-term rentals managed by a Virginia realtor in the future. Emily S. Ragsdale, Community Development Director, will lead the Legislative Committee (“LC”) in short-term rental regulation discussion. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: For the LC’s review and consideration. MOTION: For the LC’s review and consideration. 5.b Packet Pg. 7 2023 SESSION INTRODUCED 23104168D Proposed substitute by Erin Kormann and Chip Dicks January 23, 2023 1 HOUSE BILL NO. 2271 2 Offered January 11, 2023 3 Prefiled January 11, 2023 4 A BILL to amend and reenact § 15.2-983 of the Code of Virginia, relating to short-term rental property; 5 locality's ability to restrict property managed by a Virginia realtor. 6 –––––––––– Patron––Marshall 7 –––––––––– 8 Committee Referral Pending 9 –––––––––– 10 Be it enacted by the General Assembly of Virginia: 11 1. That § 15.2-983 of the Code of Virginia is amended and reenacted as follows: 12 § 15.2-983. Regulation of short-term rental property. 13 A. As used in this section: 14 "Operator" means the proprietor of any dwelling, lodging, or sleeping accommodations offered as a 15 short-term rental, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee 16 other than a Virginia realtor, or any other possessory capacity. 17 "Short-term rental" means the provision of a room or space that is suitable or intended for occupancy 18 for dwelling, sleeping, or lodging purposes, for a period of fewer than 30 consecutive days, in exchange 19 for a charge for the occupancy. 20 "Virginia realtor" means a real estate salesperson or broker licensed by the Virginia Real Estate 21 Board who is also a member of the National Association of Realtors. 22 B. 1. Notwithstanding any other provision of law, general or special, any locality may, by ordinance, 23 establish a short-term rental registry and require operators within the locality to register annually. The 24 registration shall be ministerial in nature and shall require the operator to provide (i) the complete name 25 of the operator and; (ii) the address and tax id entification number of each property in the 26 locality offered for short-term rental by the operator; and (iii) the name and phone number of any 27 Virginia realtor contracted to manage such property, if applicable. A locality may charge a reasonable 28 fee for such registration related to the actual costs of establishing and maintaining the registry. 29 2. No ordinance shall require a person to register pursuant to this section if such person is (i) 30 licensed by the Real Estate Board or is a property owner who is represented by a real estate licensee; 31 (ii) registered pursuant to the Virginia Real Estate Time-Share Act (§ 55.1-2200 et seq.); (iii) (ii) 32 licensed or registered with the Department of Health, related to the provision of room or space for 33 lodging; or (iv) (iii) licensed or registered with the locality, related to the rental or management of real 34 property, including licensed real estate professionals, hotels, motels, campgrounds, and bed and breakfast 35 establishments. 36 C. 1. If a locality adopts a registry ordinance pursuant to this section, such ordinance may include a 37 penalty not to exceed $500 per violation for an operator required to register who offers for short-term 38 rental a property that is not registered with the locality. Such ordinance may provide that unless and 39 until an operator pays the penalty and registers such property, the operator may not continue to offer 40 such property for short-term rental. Upon repeated violations of a registry ordinance as it relates to a 41 specific property, an operator may be prohibited from registering and offering that property for 42 short-term rental. 43 2. Such ordinance may further provide that an operator required to register may be prohibited from 44 offering a specific property for short-term rental in the locality upon multiple violations on more than 45 three occasions of applicable state and local laws, ordinances, and regulations, as they relate to the 46 short-term rental. 47 D. Notwithstanding any other provision of law, general or special, no locality may enforce any of 48 the following provisions in an ordinance related to a short-term rental property managed by a Virginia 49 Realtor: that (i) prohibits a prohibition on short-term rentals; (ii) limits a limitation on occupancy in a 50 short-term rental property to less than what is allowed under the building code or local zoning 51 regulations for similar-type residential property; (iii) limits a limitation on the number of days in a calendar 52 year for which a short-term rental property can be rented, without a written process whereby an owner of a 53 INTRODUCED HB2271 1/11/23 11:2 5.b.a Packet Pg. 8 Attachment: HB 2271 STR v 2 by Erin Kormann and Chip Dicks January 16 2023 (1) (3582 : Short-Term Rentals Ordinance Preliminary 54 short-term rental managed by a Virginia realtor can apply to rent for more days; (iv) requires a requirement 55 that an owner to shall occupy the short-term rental property as his primary residence for any number of 56 days in a calendar year without a written process whereby an owner of a short-term rental managed by a 57 Virginia realtor can apply to rent for more days without satisfying the residency requirement; (v) requires a 58 requirement for the installation of any type of remote monitoring device to be installed on the short-term 59 rental property, including decibel, audio, or video; (vi) requires a requirement for exterior or interior 60 inspections of the short-term rental property pertaining to any items defined under the building code more 61 frequently than every five three years, unless a complaint has been filed with the locality or building 62 authority; (vii) requires required repairs, renovations, or updates to the structure of the short-term rental 63 property that are greater than those required under the applicable building code; or (viii) requires a 64 requirement for an owner to add additional or otherwise alter existing parking spaces for the short-term 65 rental property that is different than what is required under the applicable building code or local zoning 66 regulations for similar-type residential property. 67 D. E. Except as provided in this section, nothing herein shall be construed to prohibit, limit, or 68 otherwise supersede existing local authority to regulate the short-term rental of property through general 69 land use and zoning authority. Nothing in this section shall be construed to supersede or limit contracts 70 or agreements between or among individuals or private entities related to the use of real property, 71 including recorded declarations and covenants, the provisions of condominium instruments of a 72 condominium created pursuant to the Virginia Condominium Act (§ 55.1-1900 et seq.), the declaration 73 of a common interest community as defined in § 54.1-2345, the cooperative instruments of a cooperative 74 created pursuant to the Virginia Real Estate Cooperative Act (§ 55.1-2100 et seq.), or any declaration of 75 a property owners' association created pursuant to the Property Owners' Association Act (§ 55.1-1800 et 76 seq.). 77 2. That the provisions of this act shall apply to any short-term rental property managed by a 78 Virginia realtor and operating as such on or after January 1, 2023. 79 3. That any provision in an ordinance related to a short-term rental property that restricts the number of days a short-term rental property can be rented or requires the owner to occupy the short-term rental property as his primary residence for any number of days not passed on or before January 1, 2023 cannot be enforced against a short -term rental property managed by a Virginia realtor. 5.b.a Packet Pg. 9 Attachment: HB 2271 STR v 2 by Erin Kormann and Chip Dicks January 16 2023 (1) (3582 : Short-Term Rentals Ordinance Preliminary Legislative Committee EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Solar Ordinance Revisions Review (Staff Contact: Emily S. Ragsdale) Staff Contact(s): Emily S. Ragsdale Agenda Date: February 09, 2023 Item Number: 5.c Attachment(s): Solar County Text Amendment Reviewed By: SUMMARY: In 2021, Pittsylvania County Code (“PCC”) § 35-141(C), Utility Scale Solar Energy Facility, was amended increasing regulations for Utility Scale Solar Energy Facilities. Specifically, said PCC section was revised to increase buffering requirements and provide additional controls to ensure all conditions and regulations are met prior to producing power , while reducing the required distance between approved projects to allow the County to capitalize on the ability to enter into Siting Agreements as allowed by the Code of Virginia. In October 2022, the Board instructed County Community Development Staff to propose further amendments to PCC § 35- 141 to further restrict the development of Utility Scale Solar Energy Facilities. On January 3, 2022, the Planning Commission recommended, by an 8-0 vote, with no opposition, that the proposed amendments be adopted. For the Legislative Committee’s (“LC”) review and consideration, said proposed PCC revisions are attached. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the LC recommend the full Board adopt, following the conducting of the legally required Public Hearing at the February Business Meeting, the attached revisions to PCC § 35-141 as presented. MOTION: “I recommend the full Board adopt, following the conducting of the legally required Public Hearing at the February Business Meeting, the attached revisions to PCC § 35-141 as presented.” 5.c Packet Pg. 10 PROPOSED AMENDMENTS TO PCC § 35-141(C), UTILITY SCALE SOLAR ENERGY FACILITY, AND PCC § 35-141(D), PERMITTING REQUIREMENTS FOR LARGE SCALE AND UTILITY SCALE SOLAR ENERGY FACILITIES SEC. 35-141(C). UTILITY SCALE SOLAR ENERGY FACILITY 1. Utility-Scale Solar Energy Facilities shall not be located less than one five (5) miles from any other Utility Scale Solar Energy Facility. 1.2. 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. 2.3. No rezoning or Special Use Permit Application for a Utility Scale Solar Energy Facility shall be initiated until the Applicant has first initiated negotiations with the County for a Siting Agreement as authorized by the Code of Virginia. SEC. 35-141(D). PERMITTING REQUIREMENTS FOR LARGE SCALE AND UTILITY SCALE SOLAR ENERGY FACILITIES In addition to the requirements of Article V, Division 4 (Site Development Plans) and, where applicable, Article V, Division 3 (Special Use Permits) of Chapter 35, Pittsylvania County Zoning Ordinance, the following documents, and information must be provided for review and approval of large- and utility-scale solar energy facilities: 1. A narrative identifying the applicant, owner, and operator, and describing the proposed solar energy project, including: an overview of the project and its location, approximate rated capacity of the solar energy project, the approximate number, representative types and expected footprint of solar equipment to be constructed, and a description of ancillary facilities, if applicable. 2. Project site development and landscape plans demonstrating that the solar project minimizes impacts on the visual character of an existing public right-of-way (ROW) or historic properties listed on the Virginia Landmarks Register, or the National Register of Historic Places. 3. A site plan meeting the requirements of Chapter 35, Article V, Division 4 Pittsylvania County Code, including the following additional information and details: a) Property lines and setbacks as set out below, unless required setbacks are increased by the Board of Zoning Appeals as a condition of approval for a Special Use Permit. • All aspects and components associated with a solar energy facility shall be no less than one hundred fifty (150) feet from any property line. No setbacks are required between the property lines of parcels that are adjacent to each other and within the project area of a single project. 5.c.a Packet Pg. 11 Attachment: Solar County Text Amendment (3583 : Solar Ordinance Revisions Review (Staff Contact: Emily S. Ragsdale)) • The project area shall be no less than two hundred (200) feet from the property line of any residential use located outside of the project area. b) Existing and proposed buildings and structures, including preliminary location(s) of the proposed solar equipment. c) Existing and proposed access roads, drives, turnout locations, and parking; however, this requirement shall not exceed VDOT requirements for other types of projects in the underlying zoning district. d) Location of substations, electrical cabling from the solar systems to the substations, ancillary equipment, buildings, and structures (including those within any applicable setbacks). e) Fencing, or other methods of ensuring public safety, in accordance with Section 35-121. f) Buffering as required based on the visual impacts of the project or as required by the Board of Zoning Appeals as a condition of approval for a Special Use Permit. Required buffers shall be placed or preserved between any required fencing and adjoining properties and/or adjacent rights-of-way. Buffering or vegetative screening shall include a minimum 100- foot-wide landscaped area comprised of any existing vegetation supplemented as needed with a staggered row of planted trees and large shrubs. All rows of planted vegetation shall be evergreen plantings of varieties native or adaptable to the region, with one (1) row consisting of a variety expected to reach a minimum height of twenty-five (25) feet and the remaining rows of varieties designed to reach at least fifteen (15) feet in height at maturity. All evergreens shall be a minimum of six (6) feet in height at time of planting. g) Additional information may be required, as determined by the Community Development Director, 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 Community Development Director 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. Landscape renderings or simulations shall be sealed by a registered landscape architect. 4. Documentation shall include proof of control over the land or possession of the right to use the land in the manner requested. The applicant may redact sensitive financial or confidential information. 5. Document that the panels are located and installed so that the sum of the glare is directed away from an adjoining property or public rights of way. 6. The applicant shall provide proof of adequate liability insurance for a large and utility- scale solar facility prior to issuance of a zoning or building permit. 5.c.a Packet Pg. 12 Attachment: Solar County Text Amendment (3583 : Solar Ordinance Revisions Review (Staff Contact: Emily S. Ragsdale)) 7. Power cannot be sold until a final inspection has been conducted to determine if all requirements of this Ordinance, the Special Use Permit, and any Siting Agreement have been met, or a schedule of completion, with appropriate surety as requested, has been approved by the Community Development Director. 8. The facility operator shall provide the name and contact information of a person with authority over the facility who can provide access for any requested inspections. 9. The facility shall be opened upon three (3) days’ notice for compliance inspections. 10. Prior to generation of power, a Fire Suppression Plan shall be approved by the Public Safety Director. 11. All inspections required under the Uniform Statewide Building Code shall be conducted by a third-party inspector in accordance with the Virginia Construction Code and the County’s Third- party Inspection Policy. All associated inspection costs shall be borne by the facility operator. 12.A Viewshed Protection Plan shall be submitted to and approved by the Director of Community Development prior to the issuance of permits, identifying appropriate measures that will be taken throughout the viewshed surrounding the project. Sec. 35-141(E) Decommissioning Requirements for Large and Utility Scale Solar Energy Facilities The owner or operator of a large or utility scale solar energy facility shall completely decommission a facility within 12 months if the facility ceases to generate electricity for a continuous period of 12 months This period may be extended by the Board of Zoning Appeals if the owner or operator provides evidence that the failure to generate electricity is due to circumstances beyond their control and the facility has not been abandoned. Decommissioning shall include the removal of all solar collectors, cabling, electrical components, fencing and any other associated equipment, facilities, and structures to a depth of at least 36 inches and stabilization of the site, returning the property to a condition that is conducive to its prior use. A decommissioning plan shall be submitted, which shall include the following: (1) the anticipated life of the project; (2) the estimated decommissioning cost in current dollars, not including a salvage or recyclable material value used to offset the decommissioning cost, provided in an itemized format by a Virginia Licensed Professional Engineer (PE); (3) how said estimate was determined; and (4) the manner in which the project will be decommissioned. As allowed by Section 35-714 of the Pittsylvania County Zoning Ordinance, the Board of Zoning Appeals shall require a bond with surety or other approved security to ensure compliance with conditions imposed in a Special Use Permit. The plan shall acknowledge that if at any time the project is declared to be an unsafe structure by the Pittsylvania County Building Code Official, the terms of the “unsafe structure” code shall apply. Sec. 35-141(F) General Requirements for Large and Utility Scale Solar Energy Facilities 1. The height of roof mounted large and utility-scale solar energy facilities shall not exceed the maximum height of other structures as permitted in the zoning district, and the maximum 5.c.a Packet Pg. 13 Attachment: Solar County Text Amendment (3583 : Solar Ordinance Revisions Review (Staff Contact: Emily S. Ragsdale)) height of ground mounted facilities shall be 15 feet, as measured from the grade or base of the facility to its highest point, 2. Warning signage shall be placed on solar equipment and facilities to the extent appropriate. Solar equipment shall not be used for the display of advertising, except for reasonable identification of the photovoltaic equipment manufacturer or operator of the solar energy facility. All signs, flags, streamers, or similar items, both temporary and permanent, are prohibited on solar equipment except as follows: (a) manufacturer's or installer's identification; (b) 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. Educational signs providing information about the project and the benefits of renewable energy may be allowed as provided in Article II, Division 3 of the Pittsylvania County Zoning Ordinance. 3. All large and utility 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. 4. All large and utility scale solar energy facilities shall comply with all applicable state and federal permitting and regulatory requirements. 5. All large and utility scale solar energy facilities must comply with the Pittsylvania County Noise Ordinance, but the requirements shall be no more stringent than for other development in the underlying zoning district. 5.c.a Packet Pg. 14 Attachment: Solar County Text Amendment (3583 : Solar Ordinance Revisions Review (Staff Contact: Emily S. Ragsdale)) Legislative Committee EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Temporary Residential Occupancy of Campers Ordinance Review (Staff Contact: Emily S. Ragsdale) Staff Contact(s): Emily S. Ragsdale Agenda Date: February 09, 2023 Item Number: 5.d Attachment(s): Temporary Camping Amendment Reviewed By: SUMMARY: To ensure that the County’s Zoning Ordinance can promote the general welfare of County citizens, County Community Development Staff was instructed to draft proposed Ordinance revisions to potentially allow recreational vehicles to be used as a temporary dwellings in specific situations that result in the primary dwelling being rendered uninhabitable by the County Code Official, if certain conditions are met. For the Legislative Committee’s review and consideration, attached are proposed additions to Pittsylvania County Code (“PCC”) § 35-87, TEMPORARY CAMPING. FINANCIAL IMPACT AND FUNDING SOURCE: Not applicable. RECOMMENDATION: County Staff recommends the LC recommend the full Board authorize it to advertise the legally required Public Hearing to potentially amend PCC § 35-87, Temporary Camping, at the Board’s March Business Meeting. MOTION: “I make a Motion recommending the full Board authorize County Staff to advertise the legally required Public Hearing to potentially amend PCC § 35-87, Temporary Camping, at the Board’s March Business Meeting.” 5.d Packet Pg. 15 SEC. 35-86. PARKING AND STORAGE OF CERTAIN VEHICLES Major recreational equipment as defined for purposes of these regulations includes travel trailers, pickup campers, motorized dwellings, tent trailers, beats and boat trailers, house boats and the like, and cases or boxes used for transposing such recreational equipment, whether occupied by such equipment or not. No major recreational equipment shall be used for living, sleeping or other occupancy when parked or stored on a residential lot or in any other location not approved for such use. No buses or renovated buses shall be used for living, sleeping or other occupancy when parked or stored on a residential lot or in any other location not approved for such use. SEC. 35-87. TEMPORARY CAMPING A. Major recreational equipment as defined by Sec. 35-86 may be used for living, sleeping or other occupancy when such a use is in conjunction with an event held on property zoned for such an event and a Temporary Camping Permit has been issued by the Zoning Administrator. Fees for Temporary Camping Permits shall be set by the Board of Supervisors. Major recreational equipment shall be located on the same property as the event and may be permitted for a period that shall not exceed 24 hours prior to the start of the event and 24 hours after the conclusion of the event. A Temporary Camping Permit shall be issued by the Zoning Administrator prior to any event for a period not to exceed twenty-one (21) consecutive days or one hundred-eighty (180) days per calendar year. Prior to the issuance of a Temporary Camping Permit, the following shall be reviewed and approved by the Zoning Administrator: 1) Site plans shall be submitted to the Zoning Administrator identifying major recreational equipment parking locations, utility hookups and/or dump stations, bathhouses, and any other amenities that will be offered as an incidental use. 2) A plan for adequate sanitation facilities and garbage, trash, and sewage disposals shall be approved by the Zoning Administrator prior to a permit being issued. This plan shall meet the requirements of all state and local statutes, ordinances, and regulations. 3) A plan for adequate fire protection shall be reviewed and approved by the Director of Public Safety. This plan shall meet the requirements of all state and local statutes, ordinances, and regulations. No such permit shall be issued for events held within residential zoning districts. B. Notwithstanding other provisions of this Ordinance, one recreational vehicle, as defined in Sec. 35-86 may be used as a temporary residence in _______________ zoning districts in the event that the permanent dwelling on the property is damaged or destroyed by events beyond the control of the property owner and/or occupant, resulting in the structure being deemed uninhabitable by the Pittsylvania County, subject to the following conditions: 1) The recreational vehicle shall be located on the same lot on which the primary residence is/was located; 5.d.a Packet Pg. 16 Attachment: Temporary Camping Amendment (3584 : Temporary Residential Occupancy of Campers Ordinance Review (Staff Contact: Emily 2) Such temporary residential use shall be allowed for a period not to exceed six (6) months with an active building permit issued to make the necessary repairs to the permanent residential structure. 3) The recreational vehicle must be operable and have a current state inspection sticker and licenses or be marked as a rental unit from a rental agency, insurance company or governmental entity; 4) There shall be no delinquent personal property taxes owed on the recreational vehicle, and no delinquent property taxes on the subject property, and it shall be registered in Pittsylvania County unless it is marked as a rental unit from a rental agency, insurance company or governmental entity. 5) The recreational vehicle shall have available onboard electrical service, plumbing, and waste management facilities; 6) Proper building, well, and septic permits have been issued for the property; 7) The appropriate paperwork shall be completed, required inspections performed, and fee paid for a Safe, Adequate, and Proper (“SAP”) to be obtained from the Virginia Department of Health prior to any connections to the existing septic system being made; and 8) The recreational vehicle shall be hooked up to a permanent permitted water supply, a permanent permitted waste disposal system, and a permitted temporary electrical power source for the duration of the time it is used as a temporary residence. This shall not apply to situations where the primary residence was substantially damaged or destroyed as a result of any act or neglect within the control of the owner. Furthermore, this shall not apply to new construction or renovations that are not a direct result of damage beyond the property owner/occupant’s control. SEC. 35-138. CAMPGROUNDS AND RECREATIONAL VEHICLE/CAMPER AREAS 1. Definitions These developments should be established to provide locations for campgrounds or travel trailer parks which shall be used only by travel trailers, pick-up coaches, motor homes, recreational vans, camping trailers, and other vehicular accommodations all suitable for temporary habitation. Campground includes but is not limited to a travel camp, recreation camp, family campground, camping resort, recreational vehicle park and camping community. The definition does not include a summer camp for children, migrant labor camp, or park or subdivision for mobile homes as defined in the Code of Virginia and this Ordinance. 5.d.a Packet Pg. 17 Attachment: Temporary Camping Amendment (3584 : Temporary Residential Occupancy of Campers Ordinance Review (Staff Contact: Emily