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06-08-2023 Joint Meeting with Planning Commission and BZA Agenda Packet - resized (2) 1. 2. 3. 4. 5. 6. BOARD OF SUPERVISORS JOINT MEETING WITH BZA AND PLANNING COMMISSION Thursday, June 8, 2023 - 5:30 PM Board Meeting Room 39 Bank Street, SE, Chatham, Virginia 24531 AGENDA CALL TO ORDER ROLL CALL AGENDA ITEMS TO BE ADDED APPROVAL OF AGENDA PRESENTATIONS a.Zoning Ordinance Update Presentation (Presenter: The Berkley Group); (Staff Contact: Emily Ragsdale) ADJOURNMENT 5.a. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Information Only Agenda Title: Zoning Ordinance Update Presentation (Presenter: The Berkley Group); Staff Contact(s): Emily Ragsdale Agenda Date: June 8, 2023 Item Number: 5.a. Attachment(s): 1. Work Session # 5 Agenda 2. Attachment A - Project Schedule and Progress 3. Attachment B - Article 7, Use Performance Standards 4. Attachment C - Pertinent Definitions for Review 5. Attachment D - Use Performance Standards Guide Reviewed By: Berkley Group representatives will review the attached items with the Board of Zoning Appeals, Planning Commission, and Board of Supervisors regarding the ongoing mass County Zoning Ordinance revision. 1 Pittsylvania County Zoning Ordinance Update Joint Worksession #5 June 8, 2022 1 Agenda •Schedule and Progress to Date •Article Review •Article 7, Use Performance Standards •Next Steps 2 Project Progress Investigation and Public Engagement Kick-off with Staff Document Review Joint PC and BOS Work Session Public Outreach: Stakeholder Sessions Public Workshops Public Survey Content Development General & Administrative Provisions Permits & Applications District Standards Overlay Districts Use Matrix Use Performance Standards Community Design Standards Nonconformities Adoption Public Open House Pre-Adoption PC and BOS Work Session(s) Incorporate Final Revisions Public Hearings and Adoption COMPLETE 3 Worksession #5: Use Performance Standards Article 7 – Use Performance Standards •General Provisions •Purpose and Intent •Other Requirements •Agricultural Standards •Residential Standards •Public, Civic, and Recreational Standards •Commercial Standards •Industrial Standards •Miscellaneous Standards Article Content: 4 5 What are Use Performance Standards? •Regulate the location, design, and intensity of a use based on the characteristics of an area and potential impacts of the activity •Apply in addition to the underlying zoning district regulations 6 What are Use Performance Standards? Area-based standards regulate how a use looks. Activity-based standards regulate the output of a use. •Height •Setbacks •Buffering and Screening •Hours of Operation •Daily Vehicle Visitor Trips •Restrictions on Noise, Odor, Lighting, Smoke, etc. 7 Article 7 –Use Performance Standards Drafting Considered needs based on new uses –Drafted to reflect concerns of new uses –Included standards that are considered a best practice General Organization, Streamlining, and Best Practices –Restructured and/or simplified existing standards –Drafted to update existing standards based on Use Matrix changes Based on Public Engagement and Staff Direction –Updates to reflect needs and desires of community and staff Article 7 –Use Performance Standards 8 •Agritourism (Section 7-2-3) •Required by Code of Virginia to be permitted in agricultural districts •Must be on agricultural land with bona fide agricultural operations •10 acre minimum •Limit to 200 visitor vehicle trips/150 or fewer attendees per day Liberty Mills Farm Corn Maze SOURCE: Virginia is for Lovers Article 7 –Use Performance Standards 9 •Residential Agriculture (Section 7-2-2) •Permitted by-right in A-1, R-E, R-1, RMF, MHP •10 acre maximum •1 acre per animal unit •2 animal unit maximum in R-1, RMF, MHP •4 animal unit maximum in A-1, R-E Animal Type Equivalent of 1 Animal Unit Cattle, buffalo 1 Cattle or buffalo less than 1 year old 2 Horses, donkeys, mules 1 Llamas, alpacas 5 Goats 5 Pigs 2 Chicken, ducks 16 Turkeys, geese 8 Ostriches, emus 3 Article 7 –Use Performance Standards 10 •Residential Agriculture (Section 7-2-2) R-1, RMF, MHP Minimum of 1 acre per animal unit 2 animal units maximum Maximum total of 10 acres A-1, R-E Minimum of 1 acre per animal unit 4 animal units maximum Maximum total of 10 acres Article 7 –Use Performance Standards 11 •Residential Agriculture SCENARIO #1 •Property Owner A lives in the R-1 district on a 0.5 acre parcel. They want to raise 4 goats. •Under maximum acreage of 10 acres? Yes •How many animal units can they have?0.5 acre = 0.5 animal unit = Up to 2.5 (2) goats •Residential Agriculture SCENARIO #2 •Property Owner B lives in the A-1 district on a 2 acre parcel. They want to raise 3 goats and 16 chickens. •Under maximum acreage of 10 acres? Yes •How many animal units can they have?2 acres = 2 animal units = Up to 5 goats and 16 chickens Article 7 –Use Performance Standards 12 •Intensive Agriculture (Section 7-2-1) •Standards from existing Ordinance retained and rewritten for clarity •Removal of text requiring adjacent property owners constructing new dwellings to adhere to certain setback and buffering requirements Article 7 –Use Performance Standards 13 •Home Occupation, Class A (Section 7-3-7) •Permitted by-right in all residential districts, B-1, and C-1 •Only family members residing in the home are allowed to be employees, and customers cannot come to the site •Addition of standard to address traffic; other general standards from current Ordinance retained Article 7 –Use Performance Standards 14 •Home Occupation, Class B (Section 7-3-8) •Permitted by-right in A-1 and C-1; SUP required in R- E, R-1, RC-1 •Standards from existing Ordinance retained and rewritten for clarity •No more than 2 employees, other than family members residing in the dwelling unit, shall be permitted on-site for business purposes •No more than 5 customers may be on the property at any one time, and must make an appointment to visit •General standards added for hours of operation, exterior storage, and traffic Article 7 –Use Performance Standards 15 •Short-Term Rentals (Section 7- 3-9) •Permitted by-right in A-1, RE, B- 1, and C-1, and SUP in R-1 •Requires operators of short- term rentals to register and pay applicable taxes to the County •Use regulations to address building code, noise, trash, and occupancy requirements •After 3 substantiated violations, the Administrator can revoke the permit Article 7 –Use Performance Standards 16 •Campground (Section 7-4-2) •Prohibiting more than 1 permanent residence for the campground owner/operator at a campground •Requirements for noise, lighting, signage, and trash have been added •Individual campsite setbacks increased to 25 ft. from all property lines to reduce adverse impacts on adjacent residential properties •Prohibits the parking, sale, and storage of RVs •Requires a minimum of 5% open space 17 Article 7 –Use Performance Standards •Mobile Restaurant (Section 7-5-11) •Permitted by-right in all districts •All noise cannot exceed 50 dBA from 100 ft. away •Operating hours limited to: •6 am –9 pm Sun. through Thurs. •6 am –11 pm Fri. and Sat. •Setbacks and Location: •100 ft. from established restaurants (unless permission otherwise given) •50 ft. from single-family or two-family dwellings 18 Article 7 –Use Performance Standards •Mobile Restaurant •Required to be a licensed, movable vehicle or enclosed trailer Permitted Not permitted 19 Article 7 –Use Performance Standards •Special Event (Section 7-5-12) •Allowed through SUP in A-1, B-1, B-2 •Requires Building Permits to be obtained for temporary structures, and for structures to be removed within 24 hours of the event’s conclusion •General standards for noise, trash, lighting, and parking •Requires occupancy to comply with all local and state laws •Requires the provision of adequate sanitary facilities in accordance with the Virginia Administrative Code 20 Article 7 –Use Performance Standards •Battery Energy Storage Facility (Section 7-6-1) •Allowed through SUP in A-1, M-1, and M-2 •Minimum 100 ft. setback from all property lines •Required to adhere to all local, state, and federal building codes and standards •Required to have public water or an existing commercial well, and fire hydrants, available to service the property BESS in California SOURCE: Wikipedia 21 Article 7 –Use Performance Standards •Battery Energy Storage Facility (Section 7-6-1) •Screening shall be provided, with areas within 20 ft. of the facility cleared of combustible vegetation •Decommissioning plan required •Requires the creation of an Emergency Plan, which must be provided to local first responders/public safety officials 22 Article 7 –Use Performance Standards •Data Center (Section 7-6-2) •Allowed through SUP in M-1 & M-2 •Required to connect to a public water system; no commercial wells allowed •Requires screening and containment of mechanical infrastructure in enclosed structures •Minimum setback of 75 ft. from all property lines •Maximum noise level of 65 dBA from the property line •Annual noise testing required Data Center in Loudoun County SOURCE: Piedmont Environmental Council 23 Article 7 –Use Performance Standards •Solar Energy Facility, Large-Scale (Section 7-7-12) •Permitted through SUP in A-1, B-1, and B-2 ; by-right in M-1 and M-2 •Intended to be accessory to an existing industrial or commercial use •Existing Ordinance standards retained and reorganized •New application requirements added to ensure high-quality applications that limit adverse impacts on surrounding neighbors Large Facility at Carilion New River Valley Medical Center 24 Article 7 –Use Performance Standards •Solar Energy Facility, Large-Scale Application Requirements: •Pre-application meeting with County •Project narrative •Site Development Plan •Wildlife corridors •Construction Schedule •Grading plan •Herbicide land application plan •Decommission and Reclamation Plan (same as large-scale) 25 Article 7 –Use Performance Standards •Solar Energy Facility, Utility-Scale (Section 7-7-12) •Permitted only through SUP in A-1, M-1, M-2 •Existing Ordinance standards retained and reorganized •New application requirements added to ensure high-quality applications that limit adverse impacts on surrounding neighbors 26 Article 7 –Use Performance Standards •Solar Energy Facility, Utility-Scale Application Requirements: •Pre-application meeting with County •Neighborhood meeting •Siting Agreement •Project narrative •Site Development Plan •Construction Schedule •Visual impact analysis (photo simulations) •Community impact assessment (employment, revenues, etc.) •Environmental impact assessment •Traffic Study •Grading plan •Landscaping plan •Herbicide land application plan •Decommission and Reclamation Plan (same as large-scale) Article 7 DISCUSSION AND QUESTIONS 27 -What uses need use performance standards? (i.e., additional setbacks, hours of operation) -Should any use performance standards be changed? Next Steps Joint Kickoff Work Session Public Survey Public Workshop Stakeholder Listening Sessions Draft Worksessions Next Worksession: August 10, 2023 Public Open House and Review –December 2023 Pre-Adoption Worksession –February 2024 Final Revisions Public Hearings & Adoption –Spring 2024    Community Design Standards (Article 8) 28 Pittsylvania County Zoning Ordinance Update Worksession #5 Memo June 8, 2023 Worksession #5 Memo | Page 1 of 3 Project Overview Pittsylvania County has enlisted the support of the Berkley Group to update, modernize, and restructure the Zoning Ordinance. The revised Zoning Ordinance will: - Provide streamlined and user-friendly regulations; - Incorporate best planning practices and current Code of Virginia requirements; - Address the goals and strategies identified in the Comprehensive Plan; and - Consider citizen needs and issues identified through the public engagement process. This process will be guided by County staff, the Planning Commission, the Board of Zoning Appeals, and the Board of Supervisors and includes opportunities for input from stakeholders and County residents. Agenda The June 8th meeting will focus on reviewing draft Article VII, Use Performance Standards. The following agenda is provided as an outline for discussion: 1. Schedule & Progress to Date – 5 minutes 2. Proposed Article Review – 90-100 minutes a. Article VII, Use Performance Standards 3. Next Steps – 5 minutes Schedule & Progress to Date See Attachment A for the project schedule. Progress to date includes: • Staff Kickoff – Held on June 8, 2022. The Berkley Group conducted a kickoff meeting with Pittsylvania County staff to review the scope of work and deliverable items. • Joint Kickoff – Held on July 19, 2022. During this meeting, the Berkley Group presented the scope of work and schedule for the Zoning Ordinance update process. • Public Engagement – Public engagement offered opportunities to collect community feedback on priorities for the Ordinance update. An online public survey was conducted from August 1-31. A public workshop and stakeholder interviews were held on August 18th. • Worksession #1 – The first worksession between the Board of Supervisors, Planning Commission, and Board of Zoning Appeals was held on October 18, 2022. The results of the public engagement 2 Pittsylvania County Zoning Ordinance Update Worksession #5 Memo June 8, 2023 Worksession #5 Memo | Page 2 of 3 phase, the results of the Zoning Diagnostic Report, and the proposed Ordinance structure were discussed during this worksession. • Worksession #2 – The second worksession between the Board of Supervisors, Planning Commission, and Board of Zoning Appeals was held on December 20, 2022. Articles I, II, III, and IX were discussed during this worksession. Edits were provided and have been incorporated into the draft articles. • Worksession #3 – The third worksession between the Board of Supervisors, Planning Commission, and Board of Zoning Appeals was held on February 9, 2023. Articles IV and V were discussed during this worksession. Edits were provided and have been incorporated into the draft articles. • Worksession #4 – The fourth worksession between the Board of Supervisors, Planning Commission, and Board of Zoning Appeals was held on April 12, 2023. Article VI was discussed during this worksession. Edits were provided and have been incorporated into the draft article. Proposed Article Review See Attachment B for the proposed article for review. During review, consider the editor’s footnotes. The provided footnotes explain inclusions, omissions, modifications, etc. See Attachment C for definitions pertinent to Articles VI and VII of the draft Ordinance. See Attachment D, Guide to Use Performance Standards, for an explanation of what use performance standards are and why they are important for inclusion in a Zoning Ordinance. Attachment B: Article VII – Use Performance Standards Berkley Group staff reviewed the County’s existing use performance standards and made proposed changes and additions, as seen in Attachment B. The proposed use performance standards are suggested to limit the impact of specific uses on surrounding property and the County at large. In some cases, the existing use standards were kept, while reorganizing content for increased readability and adding new standards as appropriate (e.g., Intensive Agriculture, Wayside Stands). In other cases, use performance standards have been introduced for entirely new uses (e.g., Agritourism, Mobile Restaurant, Battery Storage Facility, Data Center). At a minimum, the following uses will be discussed during the worksession: • Intensive Agriculture • Residential Agriculture • Agritourism • Short-Term Rentals • Home Occupations • Campground 3 Pittsylvania County Zoning Ordinance Update Worksession #5 Memo June 8, 2023 Worksession #5 Memo | Page 3 of 3 • Restaurant, Mobile • Special Event • Battery Energy Storage Facility • Data Center • Large- and Utility- Scale Solar Facilities In addition, the Board of Supervisors, Planning Commission, and Board of Zoning Appeals are encouraged to consider and recommend uses that may require additional use performance standards, such as noise, placement (setbacks and proximity to other uses), number of allowed instances on a property, and others. Next Steps The Berkley Group will review any recommendations and comments for incorporation and continue drafting ordinance articles. Topics to be discussed at the next meeting include: • Article VIII, Community Design Standards 4 Pittsylvania County Zoning Ordinance Update Attachment A: Project Schedule and Progress Project Schedule and Progress | Page 1 of 1 The project schedule below indicates major tasks and the target month of completion. 5 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 1 of 82 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. 6 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 2 of 82 Division 2. Agricultural Use Standards. Section 7-2-1. Agriculture, Intensive.3 (A) Acreage. (1) Beef or Dairy Cattle. (i) Animal Units. Intensive beef or dairy cattle facilities shall be considered any confined and fed agricultural operation with a minimum of 300 cattle. (ii) Lot Area. Minimum lot area of 100 acres. (2) Poultry. (i) Animal Units. Intensive poultry facilities shall be considered any confided and fed agricultural operation with a minimum of 16,500 turkeys or 30,000 laying hens or broilers. (ii) Lot Area. Minimum lot area of 20 acres. (3) Swine. (i) Animal Units. Intensive swine facilities shall be considered any confined and fed agricultural operation with at least 750 swine weighing 55 pounds or more. (ii) Lot Area. Minimum lot area of 100 acres. (4) Acreage for intensive agriculture uses is permitted to be non-contiguous if common ownership can be proved. (B) Setbacks.4 (1) Reductions. The setback requirements may be reduced by mutual consent of the owner of an intensive poultry, livestock, or dairy operation and the owner of an existing dwelling. (i) Consent shall be evidenced by a notarized affidavit stating the agreed upon setback reduction and any proposed intensive agriculture structures intended to be subject to the setback reduction. (ii) The notarized affidavit shall be filed with the Administrator. (2) Large swine operations. (i) Swine operations of 7,400 to 9,400 hogs or 1,200 to 2,400 sows shall comply with the following minimum setbacks: (a) 500 ft. from any existing dwelling unit in the A-1 zoning district. 3 Editor’s Note: Standards for intensive agriculture uses are included in Section 35-189 of the existing Ordinance; they have been reorganized and rewritten for clarity. 4 Editor’s Note: Section 35-189.3.3 of the existing Ordinance includes requirements for setbacks and buffering for individuals constructing a new residential dwelling on property adjacent to an intensive agriculture use; these requirements have been removed due to unreasonable burden on adjacent property owners. 7 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 3 of 82 (b) 800 ft. from any existing dwelling unit in any other zoning district. (ii) Swine operations of more than 9,400 hogs or 2,400 sows shall be located at least 1,800 ft. from any existing dwelling unit, regardless of the primary underlying zoning district. (a) Setbacks may be reduced from 1,800 ft. to 1,500 ft. if a 10 ft. wide vegetative buffer at least 6 ft. in height is planted. (b) Setbacks may be reduced from 1,800 ft. to 1,000 ft. if a 10 ft. wide vegetative buffer at least 6 ft. in height is planted, and mutual consent from the owner of an adjacent dwelling is obtained as outlined in Section 7-2-1(B)(1), above. (3) Operations other than large swine as noted above. (i) All structures associated with intensive agriculture uses shall be located at least 250 ft. from any property line. (ii) All structures associated with intensive agriculture uses shall be located at least 250 ft. from any private or public roadway. (iii) All structures associated with intensive agriculture uses shall be located at least 300 ft. from any existing dwelling unit in the A-1 zoning district, and at least 600 ft. from any existing dwelling unit in all other zoning districts. (a) Setbacks from existing dwelling units not in the A-1 zoning district may be reduced to 400 ft. if a Type D buffer is planted in accordance with Article VIII, Community Design Standards, of this Ordinance. (4) Lagoons and land application of manure. Any land application of manure, wastewater or nutrient of any nature from a lagoon type treatment facility shall comply with those setback requirements as outlined in Section 62.1- 44.17.1 of the State Water Control Law, 1994 and the General Permit Regulation VR 680-14-01, regulatory citation 9 VAC 25-192. (C) Permits and Plans. (1) Site Development Plans. Prior to issuance of a building permit, all intensive agriculture uses shall submit a Site Development Plan in accordance with Article III, Permits and Applications, of this Ordinance. (2) Nutrient Management Plans. All intensive agriculture uses shall submit an approved Nutrient Management Plan and any required federal and state permits prior to the issuance of any building or Zoning Permits for the use. (i) After the effective date of this Ordinance, no intensive agriculture facility shall commence operation until a Nutrient Management Plan has been reviewed and approved by the Virginia Department of Conservation and Recreation or by the Virginia Cooperative Extension Service or by a person certified or employed by the Commonwealth as a nutrient management planner. (ii) If off-site disposal is part of the Nutrient Management Plan, the operator shall provide, as part of that Nutrient Management Plan, written documentation of an agreement with the 8 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 4 of 82 receiver of the wastes produced at the operator's facility or a notarized affidavit, that states the operator’s intention to dispose of the waste through sale in retail establishments or otherwise marketing to consumers. (a) Documentation shall specify the duration of the agreement and the nature of the application or use of the wastes. (b) A Nutrient Management Plan containing such an agreement shall be valid only as long as the agreement remains in force and shall be reviewed whenever such an agreement expires or is terminated by either party. (c) The operator shall notify the Administrator whenever such an agreement is terminated before its stated expiration date within 15 days of such termination. (iii) The facility shall also provide for a site, with or without a permanent structure, for the storage of animal waste if required by the Commonwealth of Virginia and meet all applicable standards. (a) Notwithstanding the above, if an operator is unable to locate a storage site on the same parcel of land because of insufficient acreage or topographical hardship, then the Administrator, after consultation with the operator's engineer, may permit the storage site to be located on adjacent land owned by the operator; or, if there is a valid agreement for off-site disposal as provided in this Section, the Administrator may permit the storage site be located on a parcel specified in the agreement for off-site disposal. (iv) The Nutrient Management Plan shall be reviewed and updated every 5 years by an agent of the Virginia Department of Conservation and Recreation, the Virginia Cooperative Extension Service, or by a person certified or employed by the Commonwealth as a nutrient management planner. (3) Certified Plat. The owner or operator of an intensive agriculture use constructed or completed after the effective date of this Ordinance shall file with the Administrator a certified plat, which shall include the following: (i) The entire parcels on which the intensive agriculture facility is located; and (ii) The location of the intensive agriculture facility within the parcel or parcels. (iii) The owner or operator shall also include a written statement, sworn to and subscribed before a notary public, certifying to the Administrator that the intensive agriculture facility shown on the plat meets all applicable setback requirements of this Ordinance. (D) Disposal of Dead Animals. (1) The owner or operator, or any employee of an intensive agriculture use, shall only dispose of dead animals by the following methods: (i) An on-site composting facility; (ii) An off-site rendering facility; 9 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 5 of 82 (iii) An on-site incineration facility; or (iv) Disposal in an approved Subtitle D landfill. (v) Open pit disposal is expressly prohibited. (vi) No owner or operator, or any employee of an intensive agriculture use, shall dispose of dead animals in a public or private road, or knowingly leave a dead animal unburied upon the property. (E) Exemptions. The provisions of Chapter 29, Waste Ordinance, and Chapter 32, Solid Waste Siting, of the Pittsylvania County Code shall not apply to intensive agriculture facilities. Section 7-2-2. Agriculture, Residential. (A) Applicability. This Section applies to lots of 10 acres or less. (1) The keeping of livestock animals on 10 or more acres shall be considered an Agriculture use as permitted in Article VI, Use Matrix, of this Ordinance, and defined in Article X, Definitions, of this Ordinance. (B) Definitions. (1) Animal Unit: For the purpose of determining the number of livestock animals permitted to be kept as residential agriculture, one (1) animal unit shall consist of domestic or domesticated animals/fowl based on the following:5 (i) One (1) animal unit = one (1) adult bovine (cattle, buffalo); (ii) two (2) juvenile bovine animals less than one (1) year old; (iii) one (1) equine animal (horse, donkey, mule); (iv) five (5) camelid animals (llamas, alpacas); (v) five (5) capridae animals (goats); (vi) two (2) porcine animals (pigs); (vii) sixteen (16) small poultry (chickens, ducks); (viii) eight (8) medium poultry (turkeys, geese); or (ix) three (3) large poultry (ostriches, emus). (C) Lot Area.6 There shall be a minimum of 1 acre per animal unit. (D) Maximum Permitted. (1) Maximum of 2 animal units in the R-1, RMF, and MHP zoning districts. (2) Maximum of 4 animal units in the R-E and A-1 zoning districts. 5 Editor’s Note: Animal unit equivalents are based on best practice. 6 Editor’s Note: Recommended minimum to ensure animal safety and welfare. 10 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 6 of 82 (E) Chickens. (1) Lot Area. Minimum lot area of 20,000 sq. ft. per 8 chickens. (2) Maximum Units. Maximum of 30 chickens. (3) Setbacks. (i) All enclosures, runs, and coops shall be located at least 10 ft. from any property line and at least 30 ft. from any dwelling not owned by the applicant. (4) General Standards. (i) The keeping of chickens shall comply with all relevant state and federal laws. (ii) The keeping of roosters shall be prohibited in the R-1, RMF, and MHP districts. (iii) Chickens shall be used only for non-commercial domestic purposes. The harvesting of chickens for commercial purposes is prohibited. (iv) No enclosures, runs, or coops shall be located in a front setback or within the front yard of a lot. (a) The Administrator may grant an exception to this requirement in cases where due to unusual lot configuration, steep slopes, or proximity of neighbors, another area of the yard is more suitable for such an activity. (v) Chickens shall not roam beyond the property line of the owner. (a) In the R-1 and MHP districts, chickens shall always remain in a covered enclosure or coop. (vi) All coops shall provide at least 3 sq. ft. of area per chicken and all runs shall provide at least 10 sq. ft. per chicken. (F) Bees. (1) Lot Area. (i) 2 hives permitted with a minimum 15,000 sq. ft. of lot area. (ii) 3 hives permitted with a minimum 20,000 sq. ft. of lot area. (iii) 4 hives permitted with a minimum 25,000 sq. ft. of lot area. (iv) 5 or more hives permitted with a minimum 1 acre of lot area. (2) Setbacks. (i) Located a minimum of 10 ft. to any property line and at least 30 ft. from any dwelling not owned by the applicant. (3) General Standards. (i) Bees shall only include European Honeybees, otherwise known by the species name Apis Mellifera. 11 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 7 of 82 (ii) No hives shall be located in a front setback or within the front yard of a lot. (iii) A constant supply of fresh water shall be provided on the lot within 20 ft. of all hives. (iv) A fly away barrier of at least 6 ft. in height shall shield any part of a property line that is within 25 ft. of a hive. (a) Fly away barriers shall consist of dense vegetation, a wall, or a solid fence. Any wall or fence shall comply with Article VIII, Community Design Standards, of this Ordinance. (v) Any sale of bees on combs or hives, used beekeeping equipment, or appliances shall have a certificate of health as required by the Code of Virginia § 3.2-4407, as amended. (vi) A minor sign, in accordance with Article VIII, Community Design Standards, shall be provided for reasonable warning of the presence of beehives. (vii) Beekeepers shall abide by the Beekeeping Best Management Practices provided by the Virginia Department of Agriculture. Section 7-2-3. Agritourism. (A) Applicability. This section applies only to events and activities and does not apply to the agricultural operation itself. (1) Any agriculture operation event may be held only if the bona fide agricultural operation to which it is subordinate has: (i) A minimum of 10 acres of land in active agricultural production on-site, or on any abutting lot under the same ownership. (a) For lots smaller than 10 acres, applicants may seek a Special Use Permit, in accordance with Article III, Permits and Applications, of this Ordinance. (ii) At least 1 growing season per calendar year. (B) Trip Generation. The event or activity shall generate no more than 200 visitor vehicle trips per day and each event or activity shall have 150 or fewer attendees at any single time. (1) Events or activities that generate more than 200 visitor vehicle trips per day shall require a Special Use Permit, in accordance with Article III, Permits and Applications, of this Ordinance. (C) Noise. All noise shall comply with Chapter 41, Noise Control, of the Pittsylvania County Code. (1) There shall be no amplified music between 10:00 p.m. and 7:00 a.m., seven days a week. (D) Structures. Any structure intended for occupancy by members of the public shall provide emergency vehicle access and fire and safety measures to the extent permissible under the VA Administrative Code 13VAC5-63-20 and VA Administrative Code 13VAC5-63-200. (E) Sanitary facilities. Sanitary facilities used in conjunction with an agritourism event shall be provided in accordance with Virginia Department of Health standards set forth in the Virginia Administrative Code 12VAC5-610-980, as amended. 12 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 8 of 82 (F) Food and beverage items. All food and beverage items available for sale shall be prepared in accordance with applicable federal, state, and local regulations. (G) Parking. (1) Adequate parking shall be provided that prevents dust and mud from leaving the site to the extent possible. No parking shall be allowed on highway rights-of-way. (2) Grass parking area shall be maintained to grass height of no more than 6 in. from grade. (3) Grass parking areas shall be maintained in good condition with uniform grass coverage and free from rill or gully erosion. (H) Access. All agritourism operations shall have a minimum of one access point to a state-maintained road. Section 7-2-4. Processing Facility, Small-Scale. (A) Exempt. In accordance with the Code of Virginia, the slaughtering and processing of animals raised and/or kept on the associated parcel, and used for personal use by the owner, is exempt from these provisions. (B) Minimum Lot Area. (1) Minimum lot area of 5 acres. (C) Location. No portion of the use, excluding required screening and landscape buffers, shall be located within: (1) 200 ft. from any property lines; and (2) 500 ft. from any dwelling not on the associated parcel. (D) Customers. (1) No more than 5 customers daily. (E) Hours of Operation. (1) Hours of operation shall be limited to Monday through Saturday, 7:00 a.m. to 8:00 p.m. (F) Noise. All noise shall comply with Chapter 41, Noise Control, of the Pittsylvania County Code. (G) Compliance. All operations of the Small-Scale Processing Facility, including the handling and disposal of waste, shall operate in compliance with all applicable state, federal, and local regulations, including the Pittsylvania County Code, Virginia Department of Health regulations, U.S. Department of Agriculture regulations, and Virginia Department of Agriculture and Consumer Services regulations, as applicable. (H) General Standards. (1) All activity associated with the meat processing facility shall be performed within a completely enclosed building. 13 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 9 of 82 (2) Entrances shall be approved and in accordance with Virginia Department of Transportation (VDOT) standards for commercial entrances. (3) Exterior storage of meat processing related equipment, trailers, materials, or otherwise shall be screened from view using plantings, fences, walls, or other appropriate means so as to not be visible from any public right-of-way. If a fence or masonry wall is used, it shall be painted or stained and kept in a state of good repair. Section 7-2-5. Stable, Commercial. (A) Lot Area. Minimum of 2 acres for one horse, plus 1 additional acre for each additional horse. (B) Location. (1) Any buildings, barns, pens, and areas for the keeping of animals or animal waste storage shall be located at least 75 ft. from any lot line, highway, or other right-of-way for passage. (C) General Standards. (1) Riding surfaces shall be covered and maintained with a substance to minimize dust and erosion. (2) Fencing and other means of animal confinement shall be maintained at all times.7 (3) Pens, stalls, and grazing areas shall be maintained in a sanitary manner. Section 7-2-6. Stable, Private. (A) Lot Area. Minimum of 2 acres for one horse, plus 1 additional acre for each additional horse. (B) Location. (1) Any buildings, barns, pens, and areas for the keeping of animals or animal waste storage shall be located at least 75 ft. from any lot line, highway or other right-of-way for passage. (C) General Standards. (1) Riding surfaces shall be covered and maintained with a substance to minimize dust and erosion. (2) Fencing and other means of animal confinement shall be maintained at all times.8 (3) Pens, stalls, and grazing areas shall be maintained in a sanitary manner. Section 7-2-7. Wayside Stands.9 (A) Location. Wayside stands, including vehicles, shall be located at least 35 ft. from any highway or other right-of-way for passage. (B) General Standards. (1) Wayside stands shall not exceed 600 sq. ft. in aggregate floor area. 7 Editor’s Note: This requirement is included in Section 35-114 of the current Ordinance. 8 Editor’s Note: This requirement is included in Section 35-114 of the current Ordinance. 9 Editor’s Note: Proposed to replace Section 35-130 of the current Ordinance. 14 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 10 of 82 Division 3. Residential Use Standards. Section 7-3-1. Bed and Breakfast. (A) Owner/Operator Occupied. Bed and breakfasts may be allowed as accessory to a single-family detached dwelling and shall be occupied by the owner/operator during operation. (B) Licensure. The operator shall hold a valid business license from the County and, where applicable, a permit from the Virginia Department of Health. (C) Registration. (1) The operator of a bed and breakfast shall maintain a log of all patrons, including their name, address, and their length of stay. The log shall be made available to County staff upon request. (2) Guests may stay no longer than 30 consecutive days in any six-month period. (D) General Standards. (1) Signage and parking shall comply with the regulations of Article VIII, Community Design Standards, of this Ordinance. (2) Every room occupied for sleeping purposes shall comply with the Uniform Statewide Building Code. (3) Guest rooms shall not have cooking facilities. (4) Food services in connection with the use shall be limited to meals provided to guests taking lodging at the facility. Restaurant service open to the general public is a separate use, permitted according to the underlying district regulations. (5) Additional activities, including receptions, parties, and other events, are not permitted unless specifically authorized under a Special Use Permit. Section 7-3-2. Dwelling, Accessory. (A) Special Use Permit Required. A Special Use Permit in accordance with Article III, Permits and Applications, will be required if the provided standards in this Section cannot be met. (B) General Limitations. (1) An accessory dwelling is allowed only as accessory to a single-family detached dwelling. (2) An accessory dwelling may be within (e.g., a downstairs or upstairs apartment), or attached to the principal dwelling or exist as a detached building (e.g., an apartment above a detached garage or in a guesthouse). (i) If detached from the principal structure, the accessory dwelling shall be separated from the principal structure by a distance of at least 15 ft.10 10 Editor’s Note: This requirement is included in Section 35-74.2 of the current Ordinance. 15 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 11 of 82 (3) The accessory dwelling shall not be subdivided or otherwise segregated in ownership from the principal dwelling. (C) General Standards. (1) An accessory dwelling shall not be offered, leased, or rented for tenancies of less than 30 days; this would be considered a Short-Term Rental, as defined in Article X, Definitions, of this Ordinance and as permitted in Article VI, Use Matrix, of this Ordinance. (2) An accessory dwelling shall obtain all proper permits and comply with all applicable requirements of the Virginia Department of Health and the Virginia Uniform Statewide Building Code. (3) A recreational vehicle, travel trailer, camper, or similar vehicle, or manufactured home shall not be used as an accessory dwelling. (4) Maximum of one kitchen per accessory dwelling. (D) Development Standards. (1) Lot Area. (i) Agricultural and Conservation Districts: (a) All lots: 2 acres. (ii) Residential and Planned Development Districts: (a) With public water and sewer: 15,000 sq. ft. (b) With public water OR sewer: 1 acre. (c) No public water or sewer: 2 acres. (2) Limit. Maximum of 1 accessory dwelling per lot. (3) Maximum Size. (i) The floor area of a detached or attached accessory dwelling shall not exceed 800 sq. ft. or 40% of the finished floor area of the principal dwelling (excluding carports, garages, and unfinished basements), whichever is greater. (ii) An accessory dwelling that is contained within a single-family dwelling, such as a basement or attic, shall not exceed the existing finished square footage of the primary dwelling’s first floor footprint. (4) Setbacks.11 (i) A detached accessory dwelling shall not be closer than fifteen (15) feet to the rear or side lot line or a principal dwelling unit. 11 Editor’s Note: These regulations are included in Section 35-74.2 of the current Ordinance. 16 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 12 of 82 (ii) No detached accessory dwelling shall be located in a front setback or within the front yard of a lot. (E) Design Standards.12 (1) A detached accessory dwelling shall not cover more than 30% of the total yard area. (2) Where an accessory dwelling is attached to the principal structure, at least 50% of one wall of the accessory dwelling shall be an integral part of the principal structure. (3) A minimum of 1 off-street parking space shall be provided in addition to those required for the principal dwelling. (4) No additional driveways shall be created. (i) The Administrator may waive this requirement and allow an additional driveway if the applicant can demonstrate the need for an additional driveway. (5) Accessory dwellings should be architecturally compatible to the principal dwelling. Section 7-3-3. Dwelling, Manufactured Home.13 (A) The manufactured home shall comply with the Virginia Manufactured Housing Construction and Safety Standards Law. (B) The manufactured home dwelling shall be placed on a permanent foundation and shall comply with the requirements of the Virginia Uniform Statewide Building Code, including skirting requirements. (C) Manufactured home dwellings shall not be joined or connected as one dwelling, nor shall any accessory building, excluding decks or similar structures, be attached to a manufactured home dwelling. This does not prohibit manufactured home dwellings designed and manufactured as multi-section homes. Section 7-3-4. Dwelling, Multi-Family. (A) Spacing Between Buildings. Minimum distance between buildings shall be 15 ft. (B) Pedestrian Access. Pedestrian access shall be provided with a dustless surface to all common area elements, including mail kiosks, parking lots, refuse collection areas, recreational amenities, and to adjoining properties and along public roadways. (C) Roads and Private Pavement. All roads and private pavement shall have concrete curb and gutter. 12 Editor’s Note: (1), (2), and (3) are included in Section 35-74.2 of the current Ordinance; they have been amended for clarity. 13 Editor’s Note: Chapter 28 of the Pittsylvania County Code includes regulations for manufactured homes, manufactured home parks, and site development plans for manufactured homes and home parks. These regulations are largely consistent with those of Articles III, IV, and VII of the draft Zoning Ordinance. Recommend repealing Chapter 28 upon adoption of the updated Zoning Ordinance to allow the Zoning Ordinance to govern and eliminate any inconsistencies. 17 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 13 of 82 (D) Screening of Mechanical Equipment and Refuse Collection. Whether ground level or rooftop, any refuse collection or mechanical equipment visible from adjacent property or roads shall either be integrated into the architectural treatment of the building or screened from view in accordance with Article VIII, Community Design Standards, of this Ordinance. (E) General Design and Building Layout. The development shall be designed with special attention to compatibility of adjacent land uses, topography, existing vegetation, and orientation. The development shall incorporate an attractive building layout that relates to and enhances natural vegetation and terrain or incorporates natural design features, such as preservation of scenic vistas or other unique elements of the site. (F) Architecture Standards. (1) Buildings shall be designed to impart harmonious proportions and avoid monotonous facades and large masses. (2) Buildings shall maintain architectural variety, while at the same time maintaining an overall cohesive residential character. (i) Residential character shall be achieved through the creative use of design elements such as, but not limited to, balconies, terraces, articulation of doors and windows, sculptural or textural relief of facades, architectural ornamentation, or varied roof lines. (G) Guest Parking. Guest parking spaces/areas shall be provided at the minimum number of spaces provided in Article VIII, Community Design Standards, of this Ordinance. Guest parking areas shall be provided on the same lot as the multi-family dwelling, and to the extent possible, should be located in a way to be centrally accessible by all buildings/units. Section 7-3-5. Dwelling, Townhouse. (A) Placement. No more than 6 adjoined townhouses shall be constructed in a single row. (B) Architectural Treatment of Townhouses. The facades of each unit of a townhouse structure shall be varied by utilizing variations in materials or design. (C) Vehicular Access.14 Each townhouse unit shall have unencumbered access from a dedicated public street that is built to Virginia Department of Transportation standards. (D) Pedestrian Access. Pedestrian access shall be provided with a dustless surface to all common area elements, including mail kiosks, parking lots, refuse collection areas, recreational amenities, adjoining properties, and along public roadways. (E) Guest Parking. Parking for each townhouse’s guests shall be provided on the same lot, or within 25 ft. of the townhouse, and designed in accordance with Article VIII, Community Design Standards, of this Ordinance. (F) Roads and Private Pavement. All roads shall have concrete curb and gutter. 14 Editor’s Note: This standard can be changed to allow for private alleys that are not required to be built to VDOT standards, if desired. 18 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 14 of 82 (G) Landscaping and Buffers. Landscaping shall be installed as required in Article VIII, Community Design Standards, of this Ordinance. (H) Screening of Mechanical Equipment and Refuse Collection. Whether ground-level or rooftop, any refuse collection or mechanical equipment visible from adjacent property or roads shall either be integrated into the architectural treatment of the building or screened from view in accordance with Article VIII, Community Design Standards, of this Ordinance. (I) Stormwater. Any permanent wet pond stormwater best management practice (BMP) shall be designed and developed as a water feature amenity or designed and landscaped in a manner consistent with the surrounding development. Wet ponds shall include adequate aeration features for movement of water. (J) Open Space and Amenities. In any townhouse project resulting in the creation of any open space and amenities thereon, broadly defined, the maintenance and upkeep of such areas and elements shall be provided for by an arrangement acceptable to the County and in compliance with this Article or applicable state statutes. Section 7-3-6. Family Health Care Structure, Temporary. (A) Development Standards. (1) All temporary family health care structures shall comply with all setback requirements that apply to the primary structure. (2) Only 1 family health care structure shall be allowed on a lot or parcel of land. (3) The structure shall be no more than 300 gross sq. ft. and shall comply with all applicable provisions of the Industrialized Building Safety Law (§ 36-70 et seq.) and the Uniform Statewide Building Code (§ 36-97 et seq.). (B) General Standards. (1) Any family health care structure shall comply with all applicable requirements of the Virginia Department of Health. (2) No signage shall be permitted on the exterior of the structure or anywhere on the property. (3) Any temporary family health care structure shall be removed within 60 days of the date on which the temporary family health care structure was last occupied by a mentally or physically impaired family member receiving services or assistance. Section 7-3-7. Home Occupation, Class A. (A) Size of Use. The maximum area permitted in conjunction with a home occupation shall be as follows: (1) No more than 500 sq. ft. or 30% of the floor area of the dwelling, whichever is greater, or (2) Up to 100% of the floor area of an accessory structure. (B) Employees and Customers. 19 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 15 of 82 (1) There shall be no employees other than family members residing in the dwelling unit. (2) Customers shall be prohibited from coming to the site. (C) General Standards.15 (1) There shall be no change in the exterior of the structure and/or property to indicate the home occupation use. (i) Signage advertising the home occupation use shall be prohibited. (2) No equipment or process shall be used which creates noise, vibrations, glare, fumes, odors, or electrical interference detectable off the property. (3) Exterior storage of business-related equipment, trailers, materials, or merchandise is prohibited. (4) The type of traffic generated by the home occupation shall be consistent with the type of traffic of other dwellings in the area. Section 7-3-8. Home Occupation, Class B. (A) Size of Use. The maximum area permitted in conjunction with a home occupation shall be as follows: (1) No more than 500 sq. ft. or 40% of the floor area of the dwelling, whichever is greater, or (2) Up to 100% of the floor area of an accessory structure. (B) Employees and Customers. (1) No more than 2 full- or part-time employees, other than family members residing in the dwelling unit, shall be permitted at the dwelling unit for business purposes. (2) No more than 5 customers may be on the property at any one time. (i) Customers may come to the site by appointment only. (C) Hours of Operation. (1) Hours of operation shall be limited to Monday through Saturday, 8:00 a.m. to 8:00 p.m. (D) General Standards. (1) There shall be no change in the exterior of the structure and/or property to indicate the home occupation use. (2) One minor sign shall be permitted, in accordance with Article VIII, Community Design Standards, of this Ordinance. 15 Editor’s Note: (1), (2), and (3) are regulations included in Section 35-40 of the current Ordinance. They have been reworded for clarity. 20 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 16 of 82 (3) No equipment or process shall be used which creates noise, vibrations, glare, fumes, odors, or electrical interference detectable off the property. (4) Sufficient parking shall be provided for the allowed number of customers, and in accordance with Article VIII, Community Design Standards, of this Ordinance. (i) Parking area(s) shall be provided on the lot that the home occupation is associated with and shall not be on any streets or rights-of-way. (5) Exterior storage of business-related equipment, trailers, materials, or merchandise is prohibited. (6) The type of traffic generated by the home occupation shall be consistent with the type of traffic of other dwellings in the area. Section 7-3-9. Short-Term Rental. (A) Definitions. The following shall apply as used in this section: (1) Guest or transient. A person who occupies a short-term rental unit. (2) Short-term rental. A residential dwelling unit that is used or advertised for rent for transient occupancy in increments of fewer than 9216 consecutive days. This use type does not include bed-and-breakfast establishments and does not apply to month-to-month extensions following completion of a year’s lease. (3) Primary resident (or host). The owner of the short-term rental unit, or lessee of the short-term rental unit with a lease agreement that is one year or greater in length, who occupies the property as his or her principal place of residence and domicile. In determining compliance with these regulations, the host has the burden of demonstrating that the dwelling unit is his or her primary residence. (4) Residential dwelling unit. A residence where one or more persons maintain a household. (B) Registration and other requirements. (1) No host shall operate a short-term rental business without having registered with the Administrator as required by Virginia Code § 15.2-983, as amended. (2) The Administrator will report all registrations to the Pittsylvania County Commissioner of the Revenue for the collection of all appropriate tax, including transient lodging tax, and any required business licensure fees. (3) The registration form shall include the following information: (i) The name, telephone number, address, and email address of the host. (ii) A reminder about the importance of having appropriate levels of insurance that covers the short-term rental, the host, and the guests. 16 Editor’s Note: The day-limit aligns with that which is provided in Code of Virginia § 58.1-3510.4. 21 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 17 of 82 (4) The registration shall be valid January 1st (or from whatever date the registration first occurs) through December 31st of the calendar year and shall be renewed annually. (C) Use Regulations. (1) The unit shall meet all applicable building codes. (2) One minor sign shall be permitted, in accordance with Article VIII, Community Design Standards, of this Ordinance. (3) No recreational vehicles, buses, travel trailers, or manufactured homes shall be used in conjunction with the short-term rental use to increase the occupancy of the rental unit. (4) The host shall not permit occupancy of a short-term rental unit for a period of less than overnight, or more than 9217 consecutive days, including all extensions and renewals to the same person or a person affiliated with the lessee, in accordance with Code of Virginia § 58.1- 3510.4, as amended. (5) The physical and aesthetic impact of required off-street parking shall not be detrimental to the existing character of the house and lot or to the surrounding neighborhood. (6) All noise shall comply with Chapter 41, Noise Control, of the Pittsylvania County Code. (i) There shall be no amplified music between 10:00 p.m. and 7:00 a.m., seven days a week. (7) All trash shall be stored in closed containers and properly disposed of upon the conclusion of each rental period. (D) Registration Revocation, Suspension, or Cancellation. (1) A registration may be revoked, suspended, or cancelled for the following reasons: (i) Failure to collect and/or remit the transient occupancy tax or other business taxes required by Pittsylvania County. (ii) 3 or more substantiated complaints (including, but not limited to, noise and excess trash) within a rolling 12-month period. (2) A formal complaint shall be filed with the Administrator to be considered received. (i) If violations occur, as supplied in (D)(1), above, the Administrator may revoke, suspend, or cancel the registration. (3) Before any revocation, suspension, or cancellation can be effective, the Administrator shall give written notice to the short-term rental host. (i) The notice of revocation, suspension, or cancellation issued under the provisions of this Ordinance shall contain: (a) A description of the violation(s) constituting the basis of the suspension or cancellation; and 17 Editor’s Note: This timeframe aligns with what is permissible under Code of Virginia § 58.1-3510.4. 22 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 18 of 82 (b) If applicable, a statement of acts necessary to correct the violation. (4) In accordance with Article III, Permits and Applications, of this Ordinance, an applicant may appeal the Administrator’s decision for revocation, suspension, or cancellation of the registration. (E) Penalty. (1) Any short-term rental business in violation of zoning regulations, including operation without registering, is subject to all relevant penalties as set forth by Pittsylvania County. (2) It shall be unlawful to operate a short-term rental: (i) Without obtaining a business license and a registration as required by this Article; (ii) After a registration has been suspended or cancelled; or, (iii) In violation of any other requirement of this Article. Division 4. Public, Civic, and Recreational Use Standards. Section 7-4-1. Camp. (A) Lot Area. The minimum area for a camp shall be 5 contiguous acres. (B) Structures. (1) Multiple structures such as cabins, lodges, gyms, and dining facilities may be constructed on the property, provided that all structures comply with the setback requirements for a principal structure from adjoining property lines. (2) All structures shall comply with all applicable requirements of the Virginia Department of Health and the Virginia Uniform Statewide Building Code. (3) Any structure intended for occupancy shall provide emergency vehicle access and fire and safety measures to the extent permissible under the VA Administrative Code 13VAC5-63-20 and VA Administrative Code 13VAC5-63-200. (4) Recreational vehicles, travel trailers, and manufactured homes are prohibited. (C) Sanitary facilities. Sanitary facilities used at a camp shall be provided in accordance with Virginia Department of Health standards set forth in the Virginia Administrative Code 12VAC5-610-980, as amended. (D) Food Items. All food items shall be prepared in accordance with applicable federal, state, and local regulations. (E) Noise. All noise shall comply with Chapter 41, Noise Control, of the Pittsylvania County Code. (1) There shall be no amplified music between 10:00 p.m. and 7:00 a.m., seven days a week. (F) General Standards. 23 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 19 of 82 (1) Provisions for outdoor cooking, campfires, bonfires, and fire pits shall be subject to approval of the Pittsylvania County Fire Marshal. (2) Any camp shall comply with all applicable requirements of the State Board of Health. (3) Prior to operation, all camps shall obtain a license and other required documentation in accordance with Code of Virginia § 35.1-18, as amended. Section 7-4-2. Campground. (A) Lot Area. The minimum area for a campground shall be 3 contiguous acres.18 (B) Applications. (1) Prior to construction, the owner/operator of a campground shall submit a Site Development Plan to the Administrator in accordance with Article III, Permits and Applications, of this Ordinance. (C) Permanent Residences. No more than 1 permanent residence shall be allowed in a campground, which shall only be occupied by the owner or operator. (D) Registration. (1) The campground operator shall maintain a log of all patrons, including their name, address, license plate number and state, and their length of stay. The log shall be made available to County staff upon request. (2) Patrons in campgrounds may stay no longer than 14 nights in any 60-day period or 45 nights in any one calendar year. (E) Service Buildings. The campground’s service buildings, including restrooms and all sanitary facilities, shall be provided in accordance with all applicable Virginia Department of Health requirements.19 (F) Water Supply. An adequate supply of water shall be furnished in accordance with Virginia Department of Health standards.20 (G) Noise. All noise shall comply with Chapter 41, Noise Control, of the Pittsylvania County Code. (1) There shall be no amplified music between 10:00 p.m. and 7:00 a.m., seven days a week. (H) Lighting. Any lighting that is provided on the campground will be directed downwards, so as to not produce a glare on adjoining properties, and shall comply with all applicable standards of Article VIII, Community Design Standards, of this Ordinance. (I) Individual Site Standards.21 18 Editor’s Note: The minimum lot area is the same as that included in Section 35-138(2) of the current Ordinance. 19 Editor’s Note: Included in Section 35-138(4) of the existing Ordinance but modified for clarity. 20 Editor’s Note: Included in Section 35-138(4)(b) of the existing Ordinance but modified for clarity. 21 Editor’s Note: Individual site standards are included from Section 35-138(2) of the existing Ordinance. Individual campsite setbacks have been increased to 25 ft. from all property lines to reduce adverse impacts of campsites on adjacent residential properties. 24 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 20 of 82 (1) Individual sites shall be no less than 1,600 sq. ft. (2) Each site shall have a minimum width of 25 ft. (3) There shall be no more than 20 sites per acre. (4) All individual sites must be setback at least 25 ft. from all property lines. (5) Each individual site shall also have 1 parking space, with minimum dimensions of 10 ft. by 20 ft. (J) General Standards. (1) Main campground roads shall be paved or treated to prevent dust. (2) All campgrounds shall have a permanent sign at their entrance designating the name of the campground. Signage shall be designed in accordance with Article VIII, Community Design Standards, of this Ordinance.22 (3) The overall design shall evidence a reasonable effort to preserve the natural amenities of the site. (4) Retail sales for the convenience of campground tenants are permitted. Items are limited to food, concessions, recreational supplies, personal care items, and other items clearly supportive of campground tenants' needs. (5) Structures for ancillary retail sales shall be no more than 10% of the total campground, or 1 acre, whichever is lesser. (6) Accessory structures or recreation facilities, washrooms, swimming pools, game courts, and the like shall not be located closer than 100 ft. to any campground boundary or closer than 200 ft. to any lot in a residential district. (7) The parking, sale, and/or storage of recreational vehicles is strictly prohibited; nothing herein prohibits an applicant from seeking the permits for a Recreational Vehicle Storage Facility, as provided in Article VI, Use Matrix, of this Ordinance and Section 7-5-9 of this Article. (K) Open Space. No less than 5% of the total acreage shall be reserved as common open space, broadly defined, and recreation facilities. (1) Open space shall not include setback areas, pedestrian ways, parking areas, or streets. (L) Refuse. (1) General. All bulk solid waste receptacles shall be maintained in a clean condition. Such receptacles shall be enclosed on all four sides to shield them from public view or from unauthorized access. 22 Editor’s Note: This standard is included in Section 35-138(2) of the current Ordinance but has been amended slightly to allow Article VIII to govern design of signage, and to remove outdated requirements. 25 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 21 of 82 (2) Health and Safety. The storage, collection, and disposal of garbage in the campground shall not create health hazards, rodent harborages, insect breeding areas, accident or fire hazards, or air pollution. (3) Collection. All garbage shall be collected at least twice weekly and transported from the campground. The owner of the campground shall be responsible for providing this service. Section 7-4-3. Campground, Primitive. (A) General Standards. (1) Permanent occupancy shall be prohibited. No camping unit shall be used as a permanent place of abode, dwelling, or business or for indefinite periods of time. (i) Primitive campground users may stay no longer than 10 nights in any 60-day period or 45 nights in any one calendar year. (B) Occupancy. (1) Maximum of two sites with no more than six individuals per site. (C) Refuse. All waste and garbage shall be kept in sealed containers or bags and properly disposed of at a trash collection site upon conclusion of the visit. On-site dumping shall be prohibited. Section 7-4-4. Club.23 (A) Setbacks. All clubs shall have a minimum setback of 75 ft. from all property lines, and a minimum setback of 125 ft. from any existing residential dwelling unit. (1) Minimum setbacks may be reduced to 25 ft. if the adjacent property is commercially or industrially zoned. (B) Events. Subordinate events and fund-raising activities such as bingo, raffles, and auctions shall be conducted in enclosed buildings only. (1) No such activity shall be conducted between the hours of 11:00 p.m. and 8:00 a.m, seven days a week. Section 7-4-5. Telecommunications Facility. (A) Uses. (1) Principal or accessory use. For the purposes of determining compliance with the standards of this Ordinance, telecommunications facilities may be considered either principal or accessory uses. (i) An existing use or an existing structure on the same lot shall not preclude the installation of a telecommunications facility on such lot. 23 Editor’s Note: Standards for events at clubs have been retained from Section 35-113 of the existing Ordinance. Setbacks have been proposed as additional standards for compatibility with any adjacent agricultural or residential uses. 26 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 22 of 82 (ii) For purposes of determining whether the installation of a telecommunications facility complies with district regulations, the dimensions of the entire lot shall control, even though the facility may be located on leased area within such lots. (2) Nonconforming Uses. Telecommunications facilities that are constructed, and antennas that are installed, in accordance with the provisions of this Section shall not be deemed to constitute the expansion of a nonconforming use or structure. (3) Excluded Uses. The following uses are not subject to the requirements of this Section for telecommunications facilities: (i) Amateur radio operations as regulated by § 15.2-2293.1 of the Code of Virginia, as amended. (ii) Television reception antennas that are less than 35 ft. above ground level (AGL) and used exclusively for non-commercial purposes. (iii) Ground-mounted satellite earth station antennas that are less than or equal to 10 ft. AGL, less than or equal to 6 ft. in diameter, and used exclusively for non-commercial purposes. (iv) Micro-wireless facilities, provided that they are less than or equal to 80 ft. AGL. Co- location of additional antennae should be sought. The County reserves the right to require “stealth technology” to hide or camouflage wireless facilities for micro-wireless facilities. (v) Satellite earth station antennas. Ground-mounted satellite earth station antennas that are less than or equal to 10 ft. AGL, less than or equal to 6 ft. in diameter, and used exclusively for non-commercial purposes. (vi) County owned or operated wireless telecommunication facilities are exempt from the requirements of this Article, but are expected to adhere, to the extent reasonably possible, to the goals described herein. (vii) Any wireless communication antenna that meets the definition of an “Administrative review-eligible project” as defined in the Code of Virginia § 15.2-2316.6, as amended, is considered a “Utility Service, Minor” by this Article and is not subject to the provisions of this Section. (B) Local Government Access. Owners of all new telecommunication facilities shall provide, at no cost to the County, colocation opportunities as a community benefit to improve radio communication for County departments and emergency services (including both tower space and sheltered equipment space on the ground). All proposals for a telecommunication facility shall acknowledge the critical role of the County’s radio system for emergency services including fire, rescue, and law enforcement personnel and shall warrant that no interference with the County’s radio system shall result from such installation. 27 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 23 of 82 (C) Location Preference24. The following sites shall be considered by applicants as the preferred order of location of proposed telecommunications facilities, (1) being the most preferred, and (5) being the least preferred: (1) Existing telecommunication facilities (towers). (2) Co-locating on structures, such as water towers, utility structures, fire stations, bridges, steeples, and other buildings not utilized primarily for residential uses. (3) Property zoned agricultural. (4) Property zoned commercial or industrial. (5) Property zoned residential. (D) Co-Location Requirements. (1) Existing towers may be extended to allow for additional users provided that the overall height of the tower is not increased by more than 15 ft. for each new user and that the overall height of the structure does not exceed 199 ft. (2) No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of Pittsylvania County that no existing tower or structure can accommodate the applicant’s proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant’s proposed antenna shall consist of the following minimum information: (i) No existing towers or structures are located within the geographic area required to meet applicant’s engineering requirements; (ii) Existing towers or structures are not of sufficient height to meet applicant’s engineering requirements; (iii) Existing towers or structures do not have sufficient structural strength to support applicant’s proposed antenna and related equipment; (iv) The applicant’s proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant’s proposed antenna; (v) The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt to an existing tower or structure for sharing are unreasonable; and; (vi) The applicant demonstrates that there are other limiting factors that render the existing towers and structures unsuitable. (E) Design Standards. 24 Editor’s Note: This list can be amended and rearranged to the preference of the County, or altogether removed. 28 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 24 of 82 (1) Broadcasting or communication towers shall be of a monopole design unless the Board of Supervisors determines that an alternative design would better blend into the surrounding environment. (2) Towers shall be designed to collapse fully within the lot lines of the subject property in case of structural failure. (3) Unless utilizing camouflaging designs, towers shall either maintain a galvanized steel finish, or, subject to any applicable standards of the Federal Aviation Administration (FAA), be painted a neutral color, to reduce visual obtrusiveness. (4) Dish antennas will be of a neutral, non-reflective color with no logos. Towers that are painted shall be repainted if the original color has significantly degraded as the result of fading, peeling, flaking, or rust. (5) At a facility site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and surrounding structures. (6) If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment shall be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure to make the antenna and related equipment as visually unobtrusive as possible. (7) Towers shall be illuminated as required by the Federal Communications Commission (FCC), but no lighting shall be incorporated if not required by the FCC, other than essential security lighting. Site lighting shall be full cut-off and directed downward. When incorporated into the approved design of the tower, light fixtures shall be used to illuminate ball fields, parking lots, or other similar areas may be attached to the tower. (8) No advertising of any type shall be placed on the tower or accompanying facility. (9) All towers shall meet or exceed current standards and regulations of the FAA and the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. Towers that are painted, as required by the FAA, shall be repainted as necessary to maintain minimum visibility requirements as set forth by the FAA. (10) To ensure structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable federal, state, and local building codes and regulations. (11) The area immediately surrounding the tower and access road shall be kept free of trash and debris. (12) All electrical devices, fixtures, and wires, to include electric generators and fuel tanks, shall be maintained in compliance with the requirements of the National Electrical Safety Code. (13) Tower owners shall maintain towers, telecommunication facilities, and antenna support structures in safe condition so that the same shall not menace or endanger the life or property of any person. 29 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 25 of 82 (F) Setbacks. The following setback distances for towers shall be required and shall replace the setbacks otherwise required in the zoning district in which the facility is located. (1) The tower shall be set back from any off-site residential structure at least 400 ft. (2) Towers, guys, and accessory facilities shall be set back: (i) 100 ft. from any property line which abuts a residential or agricultural district; and (ii) 50 ft. from any property line which abuts a commercial or industrial district. (3) No habitable structures or places where people gather shall be located within any “fall zone” as certified by a registered professional engineer licensed in Virginia. (4) A tower’s setback may be reduced or its location in relation to a public street varied, at the sole discretion of the Board of Supervisors, to allow the integration of a tower into an existing or proposed structure such as a church steeple, light pole, utility pole, water tower, public facility, or similar structure. (G) Height Restrictions. Telecommunication facilities shall be designed not to exceed an overall height of 199 ft. except as otherwise approved in the conditions of the Special Use Permit. (H) Security Fencing. Ground-mounted towers and equipment shall be enclosed by security fencing to protect against unauthorized access. Unless otherwise specified, a minimum 6 ft. high chain link fence, incorporating an anti-climb device and locked access gate, shall be provided. (I) Landscaping. Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the support buildings from adjacent property. The standard buffer shall consist of a landscaped strip at least 4 ft. wide outside the perimeter of the facilities. (1) Natural vegetation sufficient to serve as a buffer may be used in lieu of planting a landscaped buffer. (2) Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. (3) All plant material, used as landscaping and/or buffering, shall be tended and maintained in a healthy growing condition. Dead plant material shall be replaced in-kind. (J) Signage. Signage on site shall be limited to no trespassing, safety, or FCC required signs to be positioned on the fence surrounding the facility. The use of any portion of a tower for signs other than warning or equipment information signs is prohibited. (1) The appropriate signage as required by FCC guidelines governing Electromagnetic Energy Fields (EMEF) shall be clearly posted. (2) A 24-hour emergency contact information shall be posted at the site by the owner and each co-locator. (3) FCC tower registration shall be clearly posted. (K) Required Application Information. 30 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 26 of 82 (1) Actual photographs of the site that include a simulated photographic image of the proposed tower. The photograph with the simulated image shall include foreground, the midground, and the background of the site. (i) County staff reserves the right to select the locations for the photographic images and require additional images. As photo simulations may be dependent upon a balloon test first being conducted, the applicant is not required to submit photo simulations with their initial application but shall provide them prior to the public hearing with the Planning Commission. (2) An engineering report, certifying that the proposed tower is structurally suitable and of adequate height for co-location with a minimum of 3 users including the primary user. (3) Copies of the co-location policy. The applicant shall provide copies of propagation maps demonstrating that antennas and sites for possible co-locator antennas are no higher in elevation than necessary. (4) A copy of the FAA airspace study shall be provided prior to the issuance of a building permit for the construction tower. The FAA airspace study shall provide confirmation that the tower will not pose any hazard to air navigation. (5) A commitment from a service provider to locate on the proposed tower. (6) An agreement allowing the County to collocate on the tower for the purpose of emergency service communications. (7) A proposed construction schedule. (8) Site Development Plans for telecommunications facilities shall include: (i) Radio frequency coverage and tower height requirements. (ii) All designated “fall zones” as certified by a registered professional engineer licensed in Virginia. (9) Any other information to assess compliance, deemed necessary by the Administrator. (L) Application Process. (1) Balloon Test. If determined to be necessary by the Administrator, a balloon test may be required for new towers prior to the public hearing. If required, the balloon test shall comply with the following: (i) The applicant shall arrange to raise a colored balloon (no less than 3 ft. in diameter) at the maximum height of the proposed tower and within 50 horizontal ft. of the center of the proposed tower. (ii) The applicant shall inform the Administrator and adjacent property owners in writing of the date and times of the test at least 7, but no more than 14 days in advance. The notice will direct readers to a new date if the test is postponed due to inclement weather. The applicant shall request in writing permission from the adjacent property owners to access 31 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 27 of 82 their property during the balloon test to take pictures of the balloon and to evaluate the visual impact of the proposed tower on their property. (iii) The date, time, and location of the balloon test shall be advertised in the County's newspaper of record by the applicant at least 7 but no more than 14 days in advance of the test date. The advertisement will direct readers to a new date if the test is postponed due to inclement weather. (iv) The balloon shall be flown for at least 4 consecutive hours during daylight hours on the date chosen. (v) Signage shall be posted on the property to identify the property where the balloon is to be launched. The signage will direct readers to a new date if the test is postponed due to inclement weather. This signage shall be posted a minimum of 72 hours prior to the balloon test. If inclement weather postpones the test, then cancellation of the test for that day shall be clearly noted on the signage. (vi) If the wind during the balloon test does not allow the balloon to sustain its maximum height or there is significant fog or precipitation which obscures the balloon's visibility, then the test shall be postponed and moved to the alternate inclement weather date provided in the advertisement. County staff reserves the right to declare weather inclement for purposes of the balloon test. (2) Community Meeting. A community meeting shall be held by the applicant prior to the public hearing with the Planning Commission. (i) The applicant shall inform the Administrator and adjacent property owners in writing of the date, time, and location of the meeting at least 7 but no more than 14 days in advance. (ii) The date, time, and location of the meeting shall be advertised in the County’s newspaper of record by the applicant at least 7 but no more than 14 days in advance of the meeting date. (iii) The meeting shall be held within the County, at a location open to the public with adequate parking and seating facilities which shall accommodate persons with disabilities. (iv) The meeting shall give members of the public the opportunity to review application materials, ask questions of the applicant, and provide feedback. (v) The applicant shall provide the Administrator with a complete summary of any input received from members of the public at the meeting. (3) Approval Process and Time Restrictions. (i) The approving bodies, in exercise of the County’s zoning regulatory authority, may disapprove an application on the grounds that the tower’s aesthetic effects are unacceptable, or may condition approval on changes in tower height, design, style, buffers, or other features of the tower or its surrounding area. Such changes need not result in performance identical to that of the original application. 32 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 28 of 82 (ii) Factors relevant to aesthetic effects are: the protection of the view in sensitive or particularly scenic areas, and areas containing unique natural features, scenic roadways or historic areas; the concentration of towers in the proposed area; and, whether the height, design, placement or other characteristics of the proposed tower could be modified to have a less intrusive visual impact. (iii) The approving bodies, in accord with Code of Virginia § 15.2-2316.4:2, as amended, may disapprove an application based on the availability of existing wireless support structures within a reasonable distance that could be used for co-location at reasonable terms and conditions without imposing technical limitations on the applicant. (iv) Unless some other timeframe is mutually agreed upon, an application for a tower shall be reviewed by the County and a written decision shall be issued within 150 days of a completed submission. (v) Unless some other timeframe is mutually agreed upon, an application for collocation shall be reviewed by the County and a written decision shall be issued within 90 days of a completed submission. (vi) A complete application for a project shall be deemed approved if the locality fails to approve or disapprove the application within the applicable period specified or mutually agreed upon. (vii) If the County disapproves an application, it shall provide the applicant with a written statement of the reasons for disapproval. If the locality is aware of any modifications to the project as described in the application that if made would permit the locality to approve the proposed project, the locality shall identify them in the written statement provided. The written statement shall contain substantial record evidence and be publicly released within 30 days of the decision. (M) Structural Certification and Inspections. All proposed towers shall be certified by a licensed professional engineer to be structurally sound and in conformance with the requirements Structural Standards for Steel Antenna Towers and Antenna Supporting Structures (ANSI/TIA/EIA- 222-F), International Statewide Building Code and all applicable, county, state, and federal laws. (1) For new structures, or the extension of existing structures, such certification shall be submitted prior to issuance of the building permit. For existing towers being utilized for co-location, certification shall be provided to verify its capability to support additional loading. (2) Over the life of the tower, the County may require the tower owner to inspect and certify the structural integrity of the tower should there be a reason to believe that the tower has degraded to the point where it is believed to pose a legitimate threat to life and/or property. Structural analysis shall be performed within 30 days, upon formal written request of the County. (3) The County reserves the right to perform inspections, upon reasonable notice to the tower owner. The County and its agent retain authority to enter onto the property for the purpose of assessing compliance with the statewide building code and all other construction standards 33 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 29 of 82 provide by the County code and federal and state law. If defects had been identified on previous inspections, the County may, at its discretion require the tower owner to bear the cost of the inspection. (4) The tower or telecommunication facilities owner shall certify to the County on an annual basis that it is in compliance with all of the requirements set forth above. (N) Review Fee. Any out-of-pocket costs incurred by the County for the review of any of the above required information shall be reimbursed by the applicant. (O) Bond. To secure the removal of abandoned structures, the County shall require the tower owner to post a bond, or provide some other reasonable assurance, in an amount to be determined by the County based upon the anticipated removal cost of the tower. (P) Abandoned Towers. Any antenna or tower that is not operational for a continuous period of 24 months shall be considered abandoned, and the owner of each such antenna or tower shall remove the tower. (1) Removal includes the removal of the tower, all tower and fence footers, underground cables, and support buildings. The buildings may remain with the owner’s approval. (2) If there are 2 or more users of a single tower, then this provision shall not become effective until all users cease using the tower. (3) The County may dismantle and remove the tower and recover the cost of the same from the owner. (4) In the event that the Bond amount is insufficient to cover the cost of removal, the County reserves the right to seek the remaining balance from the owner. Section 7-4-6. Telecommunications Facility, Small Cell. (A) In accordance with Code of Virginia § 15.2-2316.4, as amended, small cell telecommunications facilities shall be permitted by-right in all zoning districts subject to the following general performance standards. (B) Installation. (1) The small cell telecommunications facility shall be installed by a wireless services provider or wireless infrastructure provider on an existing structure. (2) The wireless services provider or wireless infrastructure provider has obtained permission from the owner of the existing structure to collocate the small cell telecommunications facility on the existing structure and to collocate the associated transmission equipment on or proximate to the existing structure. (3) Each antenna is located inside an enclosure of, or the antenna and all its exposed elements could fit within an imaginary enclosure of, no more than 6 cubic ft.; and (4) Excluding electric meter, concealment, telecommunications demarcation boxes, backup power systems, grounding equipment, power transfer switches, cut-off switches, and vertical cable 34 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 30 of 82 runs for the connection of power and other services, all other equipment associated with the facility does not exceed 28 cubic ft., or such higher limit as may be established by the Federal Communications Commission. (C) Application and Review. (1) A wireless services provider or wireless infrastructure provider may submit up to 35 permit requests for small cell telecommunications facilities on a single application. Permit application fees shall be in accordance with Code of Virginia § 15.2-2316.4, Paragraph B (2) of the Code of Virginia, as amended. (2) Permit applications for small cell telecommunications facilities shall be reviewed and approved as follows: (i) Permit applications for the installation of small cell telecommunications facilities shall be approved or disapproved within 60 days of receipt of the complete application. The 60-day period may be extended by staff upon written notification to the applicant, for a period not to exceed an additional 30 days. (ii) Within 10 days of receipt of an application submission and a valid electronic mail address for the applicant, the applicant shall receive an electronic mail notification if the application is incomplete. If the application is determined to be incomplete, the notification shall specify the missing information which needs to be included in a resubmission in order to be determined complete. (iii) Any disapproval of the application shall be in writing and accompanied by an explanation for the disapproval. The disapproval may be based only on any of the following reasons: (a) Material potential interference with other pre-existing communications facilities or with future communications facilities that have already been designed and planned for a specific location or that have been reserved for future public safety communications facilities; (b) Public safety or other critical public service needs; and/or (c) In instances where the installation is to be located on or in publicly owned or publicly controlled property (excluding privately owned structures where the applicant has an agreement for attachment to the structure), aesthetic impact or the absence of all required approvals from all departments, authorities, and agencies with jurisdiction over such property. (iv) A permit application approval shall not be unreasonably conditioned, withheld, or delayed. (v) An applicant may voluntarily submit, and staff may accept, any conditions that address potential visual or aesthetic effects resulting from the placement of small cell facilities. (vi) The submission of a permit application shall represent a wireless services provider’s or wireless infrastructure provider’s notification of the County as required by Code of Virginia § 15.2-2316.4(A), as amended. 35 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 31 of 82 Section 7-4-7. Utility Service, Major. (A) No major utility service shall be located within 100 ft. of an existing dwelling unit. (B) Buildings and facilities shall be designed and constructed to be compatible with the surrounding area. (1) All buildings and facilities in residential primary zoning districts, as established by Article IV, District Standards, of this Ordinance, shall be screened from view from any adjacent right-of- way by a building by an opaque fence or wall in accordance with Article VIII, Community Design Standards, of this Ordinance. (C) All sewer and water utility services shall be publicly owned and operated by a government agency unless otherwise recommended by the Pittsylvania County Service Authority and approved by the Board of Supervisors. (D) Sewer and water utility services shall be designed with a service area and capacity consistent with the purposes of the respective zoning district and the recommendations of the Pittsylvania County Comprehensive Plan. (E) Any utility infrastructure, including but not limited to towers, transformers, and transmission lines, which are abandoned, damaged, in a state of disrepair, or otherwise in a state threatening the general public health, safety, and welfare, shall be required by the Administrator to be removed within a reasonable time period.25 (F) Landfills.26 (1) All landfills shall obtain approval from all appropriate local and state agencies prior to issuance of a Special Use Permit. (2) No improvements shall be constructed in or upon any landfill for a period of 20 years following the termination of any landfill operation without the prior approval of the Board of Supervisors. Section 7-4-8. Utility Service, Minor. (A) For utility uses requiring a structure, not including public water and sewer lines and appurtenances, service lines to consumers, water towers, and above and below ground cables, wires, or pipes where such uses are located in easements: (1) If visible from adjacent Residential or Planned Development districts and/or properties that are occupied by a residential dwelling, the use shall be located within an enclosed structure having a style and character compatible with the surrounding residential structures or shall be screened from view in accordance with Article VIII, Community Design Standards, of this Ordinance. (2) A minor utility shall not include facilities for construction, repair, service, or storage of vehicles or off-site utility equipment. 25 Editor’s Note: Standard included in Section 35-123 of the current Ordinance. 26 Editor’s Note: Standards for landfills included in Section 35-125 of the current Ordinance. 36 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 32 of 82 (3) An access easement at least 20 ft. wide shall be provided to the site of any pumping station, water storage tank, or well house. Division 5. Commercial Use Standards. Section 7-5-1. Adult Use. (A) Purpose. It is a purpose of this ordinance to regulate adult uses in order to promote the health, safety, and general welfare of the citizens of the County and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of adult uses within the County. The requirements of this ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this ordinance to condone or legitimize the distribution of obscene material. (B) Findings. Based on evidence of the adverse secondary effects of adult uses, and on findings, interpretations, and narrowing constructions incorporated in numerous legal cases, it is recognized that: (1) Adult uses, as a category of commercial uses, are associated with a wide variety of adverse secondary effects including, but not limited to, personal and property crimes, prostitution, potential spread of disease, lewdness, public indecency, obscenity, illicit drug use and drug trafficking, negative impacts on surrounding properties, declining property value, urban blight, litter, and sexual assault and exploitation. (2) Adult uses should be separated from sensitive land uses, including schools, churches, parks, libraries, public recreation areas, and residential areas, to minimize the impact of their secondary effects upon such uses and should be separated from other sexually oriented businesses to minimize the secondary effects associated with such uses and to prevent an unnecessary concentration of sexually oriented businesses in one area. (3) Each of the foregoing negative secondary effects constitutes a harm, which the County has a substantial government interest in preventing and/or abating. This substantial government interest in preventing secondary effects exists independent of any comparative analysis between adult uses and non-adult uses. Additionally, the interest in regulating adult uses to preventing future secondary effects of either current or future adult uses that may locate in the County. The County finds that the cases and documentation relied on in this ordinance are reasonably believed to be relevant to said secondary effects. (C) Establishment. The establishment of an adult use as referred to herein shall include the opening of such use as a new use, the relocation of such use, the enlargement of such use in either scope or area, or the conversion, in whole or part, of an existing business into an adult use. 37 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 33 of 82 (D) Measurements of Distance27. All distances specified in this section shall be measured from the property line of one use to another. The distance between an adult use and a residentially zoned district shall be measured from the property line of the use to the nearest point of the boundary line of the residentially zoned district. (1) No adult use shall be established within 3 miles of any other adult use in any zoning district. (2) No adult use shall be established within 1,000 ft. of any existing residential use; religious assembly; educational facility; parks; recreational facility; day care centers; or community centers as defined in Article X, Definitions, of this Ordinance. (E) Hours of Operation. (1) No adult use shall be open: (i) More than 72 hours in any week (a week being consecutive days from Sunday to Saturday); (ii) More than 12 hours within any 24-hour period; or (iii) Prior to 9 a.m. or later than 11 p.m. (F) Signs28. (1) Any signs shall be in accordance with the regulations of Article VIII, Community Design Standards, of this Ordinance. (i) No adult use shall display adult media, depictions of specified sexual activities or specified anatomical areas in its window, or in a manner visible from the street, highway, or public sidewalk, or the property of others. Window areas shall remain transparent. (ii) Signs shall not include graphic or pictorial depiction of material available on the premises. Section 7-5-2. Car Wash. (A) Location. (1) Car washes shall be located and designed so that vehicular circulation does not conflict with traffic movements in adjacent streets, service drives, and/or parking areas. (2) Buildings, structures, and vacuuming facilities shall be a minimum of 100 ft. from any residential district or use. (B) Prohibited. No sales, repair, or outside storage of motor vehicles shall be conducted on the site. (C) Design Standards. (1) Any light used to illuminate the area shall be in accordance with the regulations of Article VIII, Community Design Standards, of this Ordinance. 27 Editor’s Note: (D)(1) is included in 35-395.3(A) of the existing Ordinance. The setback distance in (D)(2) has been reduced from 2,500 ft. to 1,000 ft. to ensure that performance standards do not preclude the use. 28 Editor’s Note: (F) integrates the sign regulations included in 35-395.3(B) of the existing Ordinance. Language has been amended slightly for clarity. 38 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 34 of 82 (2) The site shall be screened in conformance with the regulations of Article VIII, Community Design Standards, of this Ordinance. (3) An appropriately sized and designed in-ground grease and oil separator device shall be installed on-site and properly maintained to prevent grease and oil entry into the wastewater system. (4) An automatic water reclamation system shall be used to recover a minimum of 70% of the car wash rinse water for reuse. (D) Hazardous Materials Standards. (1) The discharge of fuel, oil, solvents, anti-freeze, and/or other pollutants, hazardous materials, or flammable substances into any public sewer, storm drainage, or other surface waters is prohibited. (2) The owner/operator shall prepare an emergency spill notification Contingency Plan to be approved by the County and posted on the premises before the issuance of any occupancy permits. The owner/operator/tenant shall be responsible for notifying all County departments identified in the Contingency Plan immediately in the event of a spill or any petroleum product, chemical waste, or other hazardous substance on the property. The owner/operator shall assume full responsibility for all public and private expenses incurred in the clean-up of such spills. Section 7-5-3. Electronic Gaming Establishment.29 (A) General Design Standards. All landscaping and screening, signage, lighting, and parking shall be designed in accordance with applicable standards of Article VIII, Community Design Standards, of this Ordinance. (B) Hours of Operation. Electronic gaming establishment uses shall be limited to the hours of 8:00 a.m. and 11:00 p.m., Monday through Saturday. (C) Measurements of Distance. All distances specified in this Section shall be measured from the property line of one use to another. The distance between an electronic gaming establishment and a residentially zoned district shall be measured from the property line of the use to the nearest point of the boundary line of the residentially zoned district. (1) No electronic gaming establishment shall be located within 1 mile of any other electronic gaming establishment, tattoo and body piercing establishment, or adult use. (2) No electronic gaming establishment shall be located within 2,000 ft. from any property with a residential dwelling unit. 29 Editor’s Note: Standards included in Section 7-5-2 are consistent with those of Section 35-356 of the current Ordinance but have been reorganized and amended slightly for clarity. A day limit from Monday through Saturday has been proposed; this can be removed, if desired. A provision from Section 7-5-2 addressing discontinuation of operations for a period of 90 days or more has been removed; Code of Virginia does not address. 39 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 35 of 82 (3) No electronic gaming establishment shall be located within 1 mile of any religious assembly; public or private educational facilities; parks; public or private recreational facilities; day care centers; or community centers as defined in Article X, Definitions, of this Ordinance. (D) All applicable federal and state requirements for electronic gaming establishments shall be met. Section 7-5-4. Event Venue. (A) General Design Standards. All landscaping and screening, signage, lighting, and parking shall be designed in accordance with applicable standards of Article VIII, Community Design Standards, of this Ordinance. (B) Temporary Elements. Temporary tents, fencing, seating, catering arrangements, or other elements of an event may be used during the event only and shall be removed within 24 hours after the event concludes, and the building or premises shall be returned to its normal condition. (1) Building Permits must be obtained for tents, amusement devices, and other similar temporary structures, as required by the Building Code of Pittsylvania County. (C) Minimum Lot Area. (1) Agricultural Districts: 10 acres. (2) Commercial Districts: ½ acre. (D) Access and Parking. (1) Off-street parking requirements shall be in accordance with Article VIII, Community Design Standards, of this Ordinance, as well as the following: (i) Parking shall be setback a minimum of 50 ft. from any public road. (ii) Grass parking areas shall be allowed where no more than 24 events are permitted in a calendar year. A calendar year runs from January through December. (iii) Grass parking areas shall be maintained to a grass height of no more than 6 in. from grade. (iv) Grass parking areas shall be maintained in good condition with uniform grass coverage and free from rill or gully erosion. (2) Travel lanes shall be sufficient width to accommodate emergency services vehicles. (3) Entrance into the property shall be designed, approved, and constructed to meet Virginia Department of Transportation (VDOT) entrance standards. (4) If deemed necessary by the Administrator, a Traffic Impact Analysis may be required as part of the Site Plan process. (E) Noise. All noise shall comply with Chapter 41, Noise Control, of the Pittsylvania County Code. (1) There shall be no amplified music between 10:00 p.m. and 7:00 a.m., seven days a week. (F) Sanitary Facilities. Sanitary facilities shall be provided in accordance with Virginia Department of Health standards set forth in the Virginia Administrative Code 12VAC5-610-980, as amended. 40 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 36 of 82 (G) Occupancy Limitations. For all indoor and outdoor areas, occupancy limits shall comply with all local and state laws. (1) Any structure or building utilized for an event, or as an event venue, shall meet the International Building Code requirements for public occupancy. Section 7-5-5. Gasoline Stations. (A) Location and Dimensional Requirements. (1) Entrances to the gas station shall be minimized and located in a manner promoting safe and efficient traffic circulation while minimizing the impact on the surrounding neighborhood. (2) All gas station driveways and access points shall be a minimum of 200 ft. from any residentially zoned district or residence. (3) All fuel pump islands, compressed air connections, and similar equipment shall be 20 ft. from any property line. (B) Screening. (1) A 6 ft. solid fence, wall, or landscaping shall be provided along all property lines separating the site from any residentially zoned district or lot containing any residential dwelling unit. (2) Dumpsters or other refuse shall be screened in accordance with Article VIII, Community Design Standards, of this Ordinance. (C) Design Standards. (1) Applicants shall demonstrate that the gas station will be compatible with the neighborhood with regards to traffic circulation, parking, and appearance and size of structures. (2) Gas canopy shall be designed and built to be compatible with the principal use. (3) Outdoor speakers shall not be audible beyond the property lines. (4) Under-canopy lighting shall consist of recessed, flat lens fixtures. (5) All stormwater runoff from refueling areas shall pass through an in-ground grease and oil separator. (6) An appropriately sized and designed in-ground grease and oil separator device shall be installed on-site and properly maintained to prevent grease and oil entry into the wastewater system. (D) General Standards. (1) There shall be no storage of automobiles, trailers, recreational vehicles, boats, or similar equipment. (2) Sales of limited fuel oil or bottled gas is permitted as an accessory use. (3) Fuel dispensers, pump islands, overhead canopy, and air and water dispensers shall be removed upon cessation of the use for a period of more than 1 year. 41 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 37 of 82 (4) The Administrator may require a traffic analysis to be provided by the applicant. Such analysis may include, but not be limited to, the proposed traffic flows, sight visibility for emerging vehicles, and other public safety factors. (E) Hazardous Materials Standards. (1) All hazardous materials shall be handled, recycled, or disposed of according to federal, state, and local laws. (2) The owner/operator shall prepare an emergency spill notification Contingency Plan to be approved by the County and posted on the premises before the issuance of any occupancy permits. The owner/operator/tenant shall be responsible for notifying all County departments identified in the Contingency Plan immediately in the event of a spill or any petroleum product, chemical waste, or other hazardous substance on the property. The owner/operator shall assume full responsibility for all public and private expenses incurred in the clean-up of such spills. Section 7-5-6. Kennel, Commercial. (A) Minimum Lot Area. (1) Minimum lot area of 5 acres. (B) Location. Except where animals are confined in soundproofed buildings, no portion of the use, excluding required screening and landscape buffers, shall be located within: (1) 100 ft. from the property lines of adjoining agricultural zoned property; (2) 200 ft. from the property lines of adjoining residential zoned property; and (3) 200 ft. from any dwelling not on the associated parcel. (C) General Standards. (1) All exterior runs, play areas, or arenas shall be designed with a minimum 6-foot-high opaque screen from adjacent lot lines and street rights-of-way. (2) Kennels shall be kept free of waste on a regular basis to minimize impacts of odor and reduce propagation of pests. (3) All boarded animals shall be kept within a totally enclosed part of the structures between the hours of 10:00 p.m. and 8:00 a.m. Section 7-5-7. Marina. (A) Compliance. All marinas shall comply with any applicable regulations in Article V, Overlay Zoning Districts, of this Ordinance, in addition to all relevant State laws and regulations, including but not limited to those protecting soil and water quality. (B) Water Frontage. (1) Minimum of 300 ft. of water frontage. 42 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 38 of 82 (C) Outdoor Storage. Outdoor storage shall conform with the standards of Outdoor Storage, as provided in Section 7-7-7 of this Article. (D) Recreational Vehicle Storage. Any storage of watercraft or recreational vehicles as an accessory use to a Marina operation shall conform with the standards of Recreational Vehicle Storage Facility, as provided in Section 7-5-8 of this Article. Section 7-5-8. Outdoor Sales, Seasonal. (A) Permits. (1) No more than 4 permits shall be issued for the same lot during a calendar year. (2) No permit shall be issued to an applicant, unless or until: (i) A minimum of 30 consecutive days after a permit issued to that applicant for the same or an adjacent lot or parcel has expired. (B) Time Limits. Each stand shall be permitted for a period not to exceed 60 consecutive days. (C) Setbacks. The outdoor sales stand or display shall be setback at least 15 ft. from any public right-of- way and outside any required landscape buffer. (D) Parking. Parking shall be supplied on the site of the primary use and not along the public right-of- way. (E) Hours of Operation. Hours of operation shall be limited to 7:00 a.m. to 8:00 p.m. Section 7-5-9. Recreation, Outdoor. (A) General Standards. All parking, lighting, signage, and landscaping and screening shall be in accordance with applicable regulations of Article VIII, Community Design Standards, of this Ordinance. (B) Noise. All noise shall comply with Chapter 41, Noise Control, of the Pittsylvania County Code. (1) There shall be no amplified music between 10:00 p.m. and 7:00 a.m., seven days a week. (C) Sanitary Facilities. Sanitary facilities shall be provided in accordance with Virginia Department of Health standards set forth in the Virginia Administrative Code 12VAC5-610-980, as amended. (D) Drive In Theaters.30 (1) Minimum lot area shall be 5 acres. (2) Movie screens shall be reasonably located as to be unobtrusive to a right-of-way and sight distance triangle. (3) Additional Parking Requirements. Adequate parking shall be provided that prevents dust and mud from leaving the site to the extent possible. No parking shall be allowed on highway rights- of-way. 30 Editor’s Note: Standards included in Section 35-118 of the current Ordinance. 43 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 39 of 82 (i) Grass parking area shall be maintained to grass height of no more than 6 in. from grade. (ii) Grass parking areas shall be maintained in good condition with uniform grass coverage and free from rill or gully erosion. (iii) Parking spaces for vehicles shall be clearly designated in accordance with Article VIII, Community Design Standards, of this Ordinance. (iv) All parking areas must be neat in designated rows with ample travel ways for the flow of traffic and emergency vehicle access. (E) Swimming Pools.31 (1) Setbacks. Commercial swimming pools, equipment, and any ancillary structures or facilities shall have a minimum setback of 75 ft. from all property lines, and a minimum setback of 125 ft. from any existing residential dwelling unit. (i) Minimum setbacks may be reduced to 25 ft. if the adjacent property is commercially or industrially zoned. Section 7-5-10. Recreational Vehicle Storage Facility. (A) Activity. (1) Recreational Vehicle Storage Facilities are intended for recreational vehicles and watercraft only. (2) Spaces may be rented for parking and/or storing recreational vehicles, but no other business of any kind shall be conducted in the structure. (3) No service or repair work shall be permitted in association with the parking facility except under emergency service work. (4) No outdoor storage of inoperable recreational vehicles or equipment. (B) Design. To retain all recreational vehicles and watercraft completely within the parking lot, a rail, fence, wall, or other continuous barricade of no less than 6 ft. tall shall be provided except at exit or access driveways. (C) Screening. Screening shall be provided on each side of the parking lot which: (1) Abuts upon any residential district or use; or (2) Faces across a street, alley, or place from any lot in a residential district or use. (3) Screening shall be in accordance with the regulations of Article VIII, Community Design Standards, of this Ordinance. 31 Editor’s Note: Standards included in Section 35-127 of the current Ordinance. 44 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 40 of 82 Section 7-5-11. Restaurant, Mobile. (A) Exceptions. The Administrator may waive any of the following standards if the mobile restaurant is in conjunction with a temporary or special event. (B) Licensure and Permits. (1) Mobile restaurants shall obtain a business license from the Pittsylvania County Commissioner of the Revenue. (2) Mobile restaurants shall maintain a valid health permit issued by the Virginia Department of Health. (3) Mobile restaurants shall comply with all applicable requirements of the Pittsylvania County Fire Marshal’s Office. (4) Mobile restaurants shall be within a movable licensed vehicle or an enclosed trailer. Any vehicles or trailers shall be properly registered with the Virginia Department of Motor Vehicles. (5) Mobile restaurants cannot be on a detached flat bed, truck bed, or similar structure. (C) Noise. (1) All noise associated with the mobile restaurant – including operation of the mobile restaurant, music, or use of a generator – shall be no louder than 50 dBA at 100 ft. away. (i) Excessive complaints about vehicle or generator noise will be grounds for the Administrator to require that the mobile restaurant change location on the site or move to another property. (D) Hours of Operation. Mobile restaurants may operate between 6 a.m. and 9 p.m. Sunday to Thursday and between 6 a.m. to 11 p.m. Friday and Saturday (including set-up and break-down) on any one day at any single location. The vehicle and all accessory structures shall be removed each day. (E) Signs. No signs shall be displayed except: (1) Those permanently affixed to the vehicle; (2) 1 A-framed sign not to exceed 4 ft. in height and 6 sq. ft. of display for each of the two sides; and (3) The sign cannot block any pedestrian or vehicle passageways. (F) Trash and Waste. (1) Trash receptacles shall be provided, and all trash, refuse, or recyclables generated by the use shall be removed from the site by the operator at the end of the business day. (2) No liquid wastes shall be discharged from a mobile restaurant. (G) Location. 45 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 41 of 82 (1) Mobile restaurants shall only locate on private property in conjunction with a non-residential primary use. Examples include commercial businesses, religious assemblies, day care centers, schools, etc. (2) No mobile restaurant shall locate within 100 ft. of an entrance to any brick-and-mortar restaurant (determined by measuring the edge of the mobile restaurant to the main public entrance of the brick-and-mortar establishment) unless permission by the owner of the brick- and-mortar restaurant is provided. (3) No mobile restaurant shall locate within 50 ft. of a single family or two-family residential use. (4) Mobile restaurants shall also be positioned at least 15 ft. away from fire hydrants, any fire department connection (FDC), driveway entrances, alleys, and handicapped parking spaces. (5) Mobile restaurants shall not block: (i) The main entry drive isles or impact pedestrian or vehicular circulation overall; (ii) Other access to loading areas; or (iii) Emergency access and fire lanes. (H) Parking. (1) No mobile restaurant shall park on any fire lane, road, or right-of-way, whether public or private. (2) Parking of mobile restaurants shall not impact required parking for other uses. Section 7-5-12. Special Event. (A) Temporary Elements. Temporary tents, fencing, seating, catering arrangements, or other elements of a special event may be used during the event only and shall be removed within 24 hours after the special event concludes, and the building or premises shall be returned to its normal condition. (1) Building Permits must be obtained for tents, amusement devices, and other similar temporary structures, as required by the Building Code of Pittsylvania County. (B) Noise. All noise shall comply with Chapter 41, Noise Control, of the Pittsylvania County Code. (1) There shall be no amplified music between 10:00 p.m. and 7:00 a.m., seven days a week. (C) Trash and Waste. (1) Trash receptacles shall be provided in a sufficient manner to store all trash and waste generated by the special event. (2) All trash, refuse, or recyclables generated by the Special Event shall be properly removed from the site by event staff at the end of the day. (D) Parking. (1) Off-street parking requirements shall be in accordance with Article VIII, Community Design Standards, of this Ordinance, as well as the following: 46 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 42 of 82 (i) Parking shall be setback a minimum of 50 ft. from any public road. (ii) Travel lanes and parking areas shall be sufficient width to accommodate emergency services vehicles. (E) Sanitary Facilities. Sanitary facilities shall be provided in accordance with Virginia Department of Health standards set forth in the Virginia Administrative Code 12VAC5-610-980, as amended. (F) Occupancy Limitations. Occupancy limits shall comply with all local and state laws. Section 7-5-13. Store, Convenience. (A) Design Standards. All landscaping and screening, signage, lighting, and parking shall be designed in accordance with applicable standards of Article VIII, Community Design Standards, of this Ordinance. (B) General Standards. (1) Entrances to the site shall be minimized and located in a manner promoting safe and efficient traffic circulation while minimizing the impact on the surrounding area. (2) There shall be no fuel pumps or the selling of fuel for motor vehicles. (3) There shall be no storage of automobiles, trailers, recreational vehicles, boats, or similar equipment. (4) The Administrator may require a traffic analysis to be provided by the applicant. Such analysis may include, but not limited to, the proposed traffic flows, sight visibility for emerging vehicles, and other public safety factors. Section 7-5-14. Tradesperson Service. (A) Outdoor Storage. All outdoor storage shall conform with the standards of Outdoor Storage, as provided in Section 7-7-7 of this Article. (B) General Standards. (1) Sufficient parking shall be provided for the allowed number of employees and customers. (i) Parking area(s) shall be provided on the lot that the tradesperson service is associated with and cannot be on any streets or right-of-way. (2) All parking, lighting, signage, and landscaping and screening shall be in accordance with applicable regulations of Article VIII, Community Design Standards, of this Ordinance. Section 7-5-15. Truck Stop. (A) Minimum Lot Area (1) All truck stop sites shall be a minimum of ten acres. (B) Location and Dimensional Requirements. 47 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 43 of 82 (1) Entrances to the truck stop shall be minimized and located in a manner promoting safe and efficient traffic circulation while minimizing the impact on the surrounding area. (2) All truck stop driveways and access points shall be a minimum of 200 ft. from any residentially zoned district or residence. (3) All fuel pump islands, compressed air connections, and similar equipment shall be 75 ft. from all property lines and 150 ft. from all residential dwelling units. (C) Screening. (1) An 8 ft. solid fence, wall, or landscaping shall be provided along all property lines separating the site from any agricultural or residentially zoned district or lot containing a dwelling unit. (2) Dumpsters or other refuse shall be screened in accordance with Article VIII, Community Design Standards, of this Ordinance. (D) Design Standards. (1) Applicants shall demonstrate that the truck stop will be compatible with the neighborhood with regards to traffic circulation, parking, and appearance and size of structures. (2) Gas canopies shall be designed and built to be compatible with the principal use. (3) Outdoor speakers shall not be audible beyond the property lines. (4) Under-canopy lighting shall consist of recessed, flat lens fixtures. All other lighting shall be sited and designed in accordance with Article VIII, Community Design Standards, of this Ordinance. (5) Truck parking shall not be in the front or side yards of the property. (6) All stormwater runoff from refueling areas shall pass through an in-ground grease and oil separator. (7) An appropriately sized and designed in-ground grease and oil separator device shall be installed on-site and properly maintained to prevent grease and oil entry into the wastewater system. (E) General Standards. (1) There shall be no storage of automobiles, trailers, recreational vehicles, boats, inoperable vehicles, or similar equipment. (2) Sales of limited fuel oil or bottled gas are permitted as an accessory use. (3) Fuel dispensers, pump islands, overhead canopy, and air and water dispensers shall be removed upon cessation of the use for a period of more than 1 year. (4) The Administrator may require a traffic analysis to be provided by the applicant. Such analysis may include, but not be limited to, the proposed traffic flows, sight visibility for emerging vehicles, and other public safety factors. (5) Minor vehicle repair facilities included at a truck stop use shall only provide minor adjustments, service, and repairs to vehicles, including but not limited to diagnosis and tune-up; auto glass repair and installation; tire sales and services; and brake repair. 48 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 44 of 82 (i) Minor repair shall not include body and engine work. (F) Hazardous Materials Standards. (1) All hazardous materials shall be handled, recycled, or disposed of according to federal, state, and local laws. (2) The owner/operator shall prepare an emergency spill notification Contingency Plan to be approved by the County and posted on the premises before the issuance of any occupancy permits. The owner/operator/tenant shall be responsible for notifying all County departments identified in the Contingency Plan immediately in the event of a spill or any petroleum product, chemical waste, or other hazardous substance on the property. The owner/operator shall assume full responsibility for all public and private expenses incurred in the clean-up of such spills. Section 7-5-16. Vehicle Repair Service. (A) Development Standards. (1) All principal and accessory structures shall comply with the district standards for which they are located. (2) No portion of the use, excluding required screening and landscape buffers, shall be located within 200 ft. of a residential district or structure containing a dwelling unit. (3) There shall be no storage or display of vehicles within 10 ft. of a property line. (B) Parking Standards. (1) All parking shall comply with Article VIII, Community Design Standards, of this Ordinance. (2) All parking shall be located to the side or rear of the establishment. (C) General Standards. (1) All repairs and maintenance of vehicles, including parts installation, shall be performed within a completely enclosed building. (2) No vehicle or equipment displays shall be located within a required setback, fire lane, travel way, sidewalk, or landscaped area. (3) The temporary on-site storage of vehicles awaiting repair, service, or removal shall be on the side or rear of the principal structure and screened from view from any adjacent right-of-way by a building, or by an opaque fence or wall, in accordance with Article VIII, Community Design Standards, of this Ordinance. (i) Temporary on-site storage of vehicles is 30 days or less. (4) Nothing, including vehicles and vehicle equipment, shall be displayed on the top of a building. (5) An appropriately sized and designed in-ground grease and oil separator device shall be installed on-site and properly maintained to prevent grease and oil entry into the wastewater system. (6) No outdoor storage of inoperable vehicles or equipment. 49 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 45 of 82 (D) Hazardous Materials Standards. (1) The discharge of fuel, oil, solvents, anti-freeze, and/or other pollutants, hazardous materials, or flammable substances into any public sewer, storm drainage, or other surface waters is prohibited. (2) The owner/operator shall prepare an emergency spill notification Contingency Plan to be approved by the County and posted on the premises before the issuance of any occupancy permits. The owner/operator/tenant shall be responsible for notifying all County departments identified in the Contingency Plan immediately in the event of a spill or any petroleum product, chemical waste, or other hazardous substance on the property. The owner/operator shall assume full responsibility for all public and private expenses incurred in the clean-up of such spills. (E) Tire and Outdoor Storage Standards. (1) Location. (i) No tire and/or outdoor storage shall be located within 50 ft. of a residential district. (2) General Standards. (i) Tire and outdoor storage as an accessory use shall not exceed 30% of the total site area and shall be subject to the use standards of Section 7-7-7 of this Article. (ii) Outdoor displays of tires shall be subject to the use standards of Section 7-7-6 of this Article. (a) No more than 10 tires shall be included in outdoor displays. (iii) All tire and/or outdoor storage shall meet the requirements of the Pittsylvania County Fire Marshal. (3) Screening, Buffering, and Landscaping. (i) All tire and/or outdoor storage shall be screened by a solid wall or fence not less than 6 ft. in height. All screening shall be in accordance with Article VIII, Community Design Standards, of this Ordinance. (ii) Tire and/or outdoor storage shall be located on the side or rear of the main structure and screened from view from any adjacent roadway. (iii) Tires, parts, materials, and any other equipment stored outdoors shall not be stacked higher than 4 ft. Section 7-5-17. Veterinary Hospital. (A) Location. Except where animals are confined in soundproofed buildings, no portion of the use, excluding required screening and landscape buffers, shall be located within: (1) 100 ft. from the property lines of adjoining agricultural or residentially zoned property; or (2) 200 ft. from any dwelling unit not on the associated parcel. 50 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 46 of 82 (B) General Standards. (1) All boarded animals shall be kept within totally enclosed parts of the structures between the hours of 10:00 p.m. and 8:00 a.m. (2) All exterior runs, play areas, or arenas shall be designed with a minimum 6-foot-high opaque screen from adjacent lot lines and street rights-of-way, and shall be in accordance with Article VIII, Community Design Standards, of this Ordinance. (3) Veterinary hospitals/clinics shall be kept free of waste on a regular basis to minimize impacts of odor and reduce propagation of pests. Division 6. Industrial Use Standards. Section 7-6-1. Battery Storage Facility. (A) Setbacks. Battery Energy Storage Facilities shall be setback at least 100 ft. from all property lines. (B) Configuration. All Battery Energy Storage Facilities shall be configured so that battery cells shall be placed in a Battery Energy Storage System (“BESS”) with a Battery Management System (“BMS”). The BESS shall provide a secondary layer of physical containment to the batteries and be equipped with cooling, ventilation, and fire suppression systems. (C) Operation. Battery Energy Storage Facilities shall be constructed, maintained, and operated in accordance with applicable codes and standards, including but not limited to applicable fire, electrical, and building codes adopted by the County; National Fire Protection Association (NFPA) 855, Standard for the Installation of Stationary Energy Storage Systems, 2020 Edition and subsequent additions; Underwriters Laboratories (UL) 9540A Ed. 4-2019, Standard for Test Method for Evaluating Thermal Runway Fire Propagation in Battery Energy Storage Systems and subsequent editions. (D) Utilities. (1) Public water, or an existing commercial well, and fire hydrants shall be available to the property. (2) All on-site utility lines shall be placed underground to the extent feasible and as permitted by the serving utility, with the exception of the main service connection at the utility company right-of-way and any new interconnection equipment, including without limitation any poles, with new easements and right-of-way. (E) Screening and/or landscaping shall be necessary to ensure that facilities are not visible. Facilities shall be fully screened on all sides from view. (1) All screening and landscaping shall be in accordance with Article VIII, Community Design Standards, of this Ordinance. (2) Areas within 20 ft. on each side of Battery Energy Storage Facility shall be cleared of combustible vegetation and other combustible growth. Single specimens of trees, shrubbery, or cultivated ground cover such as green grass, ivy, succulents, or similar plants used as ground 51 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 47 of 82 covers shall be permitted to be exempt, provided that they do not form a means of readily transmitting fire. Removal of trees should be minimized to the extent possible. (F) Location. Due to their potentially combustible nature, the siting of Battery Energy Storage Facilities shall be to: (1) Buffer the facility from the surrounding areas by siting toward the interior of the lot; and (2) Take advantage of existing topography, structures, and vegetation to provide extra screening. (G) Emergency Access. Access to the property for Pittsylvania County fire, rescue, and emergency services shall be provided in a matter acceptable to the Pittsylvania County Fire Marshal. (H) Safety Operation Standards. (1) Each individual battery shall have 24/7 automated fire detection and extinguishing technology built in. (2) The Battery Management System shall monitor individual battery module voltages and temperatures, container temperature and humidity, off-gassing of combustible gas, fire, ground fault and DC surge, and door access. (3) The Battery Management System shall be capable of shutting down the system before thermal runaway takes place. (I) Warning Signage. NFPA 704 placards shall be placed on building entrances along with emergency contact information. (J) Security Fencing. The facilities shall be enclosed by security fencing. (1) All security fencing shall be a minimum of 6 ft. in height and topped with razor/barbed wire, as appropriate. (2) All security fencing shall be placed behind the buffer and screened from view. (3) All security fencing shall be constructed so as to substantially lessen the likelihood of entry by unauthorized individuals. (4) A performance bond reflecting the costs of anticipated security fence maintenance shall be posted and maintained. (5) Failure to maintain the security fencing shall result in revocation of the Zoning Permit and the facility’s decommissioning. (K) Decommissioning Plan. Applications for Battery Energy Storage Facilities shall include a Decommissioning Plan to be implemented upon abandonment and/or in conjunction with removal of the facility. All Decommissioning Plans shall be certified by an engineer or contractor with demonstrated expertise in solar facility removal, and shall include the following: (1) The anticipated life of the project; 52 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 48 of 82 (2) A narrative description of the activities to be accomplished, including who will perform that activity and at what point in time, for complete physical removal of all components of the battery energy storage facility; (3) An estimated deconstruction schedule; (4) A description of mediation procedures for the release of hazardous materials or other emergency events during the decommissioning process; (5) The estimated decommissioning cost in current dollars; and (6) The estimated cost of decommissioning shall be guaranteed by bond, letter of credit, or other security approved by the County. (i) The owner shall deposit the required amount into the approved escrow account before any building permit is issued to allow construction of the battery energy storage facility. (ii) The escrow account agreement shall prohibit the release of the bond without the written consent of the County. The County shall consent to the release of the bond upon on the owner’s compliance with the approved Decommission Plan. The County may approve the partial release of the bond as portions of the approved Decommission Plan are performed. (iii) The dollar amount of the bond shall be the full amount of the estimated decommissioning cost without regard to the possibility of salvage value. (iv) The owner or occupant shall recalculate the estimated cost of decommissioning every 5 years. If the recalculated estimated cost of decommissioning exceeds the original estimated cost of decommissioning by 10%, then the owner or occupant shall deposit additional funds into the bond to meet the new cost estimate. If the recalculated estimated cost of decommissioning is less than 90% of the original estimated cost of decommissioning, then the County may approve reducing the amount of the bond to the recalculated estimate of decommissioning cost. (7) Decommission shall include removal of all battery energy storage system components, structures, equipment, security barriers, and transmission lines from the site, so that any agricultural ground upon which the facility and/or system was located is again tillable and suitable for agricultural uses. (L) Emergency Plan. Applications for battery energy storage facilities shall include an Emergency Plan that, at minimum, contains the following: (1) Procedures for safe shutdown, de-energizing, or isolation of equipment and systems under emergency conditions to reduce the risk of fire, electric shock, release of hazardous materials, and personal injuries, and for safe start-up following cessation of emergency conditions. (2) Procedures for inspection and testing of associated alarms, interlocks, and controls. (3) Procedures to be followed in response to notifications from the Battery Energy Storage Management System, when provided, that could signify potentially dangerous conditions, including shutting down equipment, summoning service, and repair personnel, and providing 53 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 49 of 82 agreed upon notification to fire department personnel for potentially hazardous conditions in the event of a system failure. (4) Emergency procedures to be followed in case of fire, explosion, release of liquids or vapors, damage to critical moving parts, or other potentially dangerous conditions. Procedures can include sounding the alarm, notifying the fire department, evacuating personnel, de-energizing equipment, and controlling and extinguishing the fire. (5) Procedures and schedules for conducting drills of these procedures and for training local first responders on the contents of the plan and appropriate response procedures. Section 7-6-2. Data Center. (A) Due to the high water demand, data centers shall be connected to a public water system if a water- based cooling system is utilized. (1) Data centers shall not establish commercial wells for any operations. (B) Power generators, water cooling systems, storage facilities, and any other mechanical infrastructure necessary for the operations of the data center shall be within an enclosed structure screened as not to be visible from any adjacent street, use, or building. All screening shall comply with Article VIII, Community Design Standards, of this Ordinance. (1) Ground mounted mechanical equipment is prohibited in front yards. (2) Solid screening walls must be constructed with a design, materials, details, and treatment compatible with those used on the nearest Principal Facade of a building but may include perforated surfaces as needed for ventilation of mechanical equipment. (C) Generator testing shall be limited to weekdays between 8:00 a.m. and 5:00 p.m. (D) No data center shall be built until evidence has been given as part of the application that the owner has been approved by the utility company. (E) Principal façade requirements apply to all building facades that face adjacent existing or planned public roads or that face an adjacent property with existing residential development, an approved plat showing residential development, or zoning district permitting residential dwellings. Principal facades must have differentiated surfaces, consistent design and fenestration to create visual interest and consistency with community character. (F) Ground mounted mechanical equipment must be setback from adjacent property with existing residential development, an approved plat showing residential development, or zoning district permitting residential dwellings, a minimum of 75 ft. from the property line. (G) During operation, a data center shall not produce a noise level that exceeds 65 dBA as measured at the property line. 54 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 50 of 82 (H) Noise Testing.32 Operation of all data center uses shall not commence until conformance with the requirements of this Section is confirmed. (1) After completion of construction and prior to commencement of operation, the applicant shall submit a sound test prepared by a qualified full member of the Acoustical Society of America (ASA), a Board Certified member of the Institute of Noise Control Engineering (INCE), or other credentialed professional as approved by the Administrator. The purpose of such test is to confirm noise levels after completion of construction and prior commencement of operation meet the general standards provided above and/or any additional use performance standards and conditions associated with the use. (i) If the sound test finds that noise levels exceed the maximum permissible dBA stated in Section 7-6-2(G), above, or any additional use performance standards and conditions associated with the use, then there shall be no commencement of the use. (ii) For projects completed in phases, the above testing requirements shall apply after construction of each phase and prior to full operation. (2) Annual Testing. Noise testing as required in Section 7-6-2(A), above, shall be conducted annually and submitted to the Administrator no later than July 1 of each calendar year for the life of the use. (i) If the sound test finds that noise levels exceed the maximum permissible dBA stated in this Division or any additional use performance standards and conditions associated with the use, the applicant shall have 48 hours to mitigate the violation or operations shall be suspended and the Applicant shall cease the use until such time that the Applicant can demonstrate the noise levels are in compliance with this Section. Section 7-6-3. Junkyard/Salvage Yard. (A) General Standards. In accordance with Code of Virginia § 33.2-804, as amended, junkyards are permitted through a Special Use Permit, with the following standards. (1) All junkyards/salvage yards shall be: (i) Setback at least 1,000 ft. from the nearest edge of any interstate or primary highway, and 500 ft. from all other roadways.33 (ii) Completely screened by a solid wall or fence, including solid entrance and exit gates, not less than 8 ft. nor more than 12 ft. in height.34 32 Editor’s Note: Noise testing requirements for data center uses are proposed; this is a best practice to mitigate mechanical noise emitted by data centers. 33 Editor’s Note: Section 35-120 of the current Ordinance includes a requirement that junkyards shall not be within 1,000 feet of the nearest edge of any interstate or primary highway; this has been retained with the 500 ft. setback proposed for all other roadway types. 34 Editor’s Note: This standard is included in Section 35-120 of the current Ordinance. 55 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 51 of 82 (a) All screening shall be in accordance with Article VIII, Community Design Standards, of this Ordinance. (b) Vehicles, parts, materials, and equipment stored shall not be stacked higher than the screening wall or fence. (c) When walls or fences are adjacent to commercial or residential districts, a landscaped buffer shall be provided to break visibility of the fence in accordance with Article VIII, Community Design Standards, of this Ordinance. (iii) Operated and maintained in such a manner as not to allow the breeding of rats, flies, mosquitoes, or other disease-carrying animals and insects. (iv) Operated in compliance with all federal and state record keeping and reporting requirements. (2) Shall not: (i) Involve collection or storage of any material containing, or contaminated with, dangerous explosives, chemicals, gases, or radioactive substances. Section 7-6-4. Mining; Minerals Extraction and Processing.35 (A) Setbacks. (1) No mining or minerals extraction operation shall be conducted within 200 ft. of a property line. (2) Setbacks shall not be used for any purpose during active excavation periods, including overburden and spoil storage, except the minimum necessary for access roads. (B) Hours of Operation. All blasting shall occur between the hours of 9:00 a.m. and 6:00 p.m., Monday through Friday. (C) Security Fencing. All open and active quarries and mines shall be entirely enclosed by security fencing. (1) All security fencing shall be a minimum of 6 ft. in height and topped with razor/barbed wire, as appropriate. (2) All security fencing shall be constructed so as to substantially lessen the likelihood of entry by unauthorized individuals. (3) Security fencing shall be located at least 15 ft. from the edge of any excavation. (D) General Standards. (1) All mining and minerals extraction/processing operations shall comply with all local, state, and federal laws and regulations. 35 Editor’s Note: These standards are included in Section 35-139 of the existing Ordinance and have been reorganized and amended slightly for clarity. Additional general standards and requirements for Site Development Plans have been added. 56 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 52 of 82 (2) Mining and minerals extraction/processing operations shall be screened by a solid wall or fence, or a vegetative landscape buffer. All screening shall be in accordance with Article VIII, Community Design Standards, of this Ordinance. (3) Access to the site shall be located so that truck traffic does not travel through any existing residential subdivisions or residentially zoned properties. (4) Access roads and parking areas shall be maintained in a dust-free manner. (E) Site Development Plan. In addition to the requirements of Site Development Plans, as provided in Article III, Permits and Applications, of this Ordinance, the following shall be provided: (1) Documentation of all physical changes or improvements to the property. (2) Methods for controlling drainage, runoff, and potential ponding on the site. (3) Erosion and sediment control measures to be employed. (4) A written evaluation of the impact on the proposed activity of nearby groundwater resources. (5) A phasing plan including time frames for the extraction activities. (6) A decommissioning and reclamation plan upon completion of the mining or excavation activity. (F) Decommission and Reclamation. (1) The owner and/or operator of a mining and minerals extraction/processing operation that is scheduled to be terminated or ceased shall notify the Administrator of the proposed date of termination of operations. (2) The owner and/or operator of a mining and minerals extraction/processing operation shall comply with all applicable federal, state, and local laws and regulations. (3) To prevent or control erosion, the site shall be graded and re-seeded or replanted within 12 months of removal and/or ceasing of mining and minerals extraction/processing operation on all abandoned slopes, and/or extraction areas to restore it to as natural a pre-development condition as possible. (4) Any exception to site restoration, such as leaving driveways, entrances, or landscaping in place, or substituting plantings, shall be requested by the landowner in writing, and this request shall be approved by the Board of Supervisors. (5) Hazardous material from the property shall be disposed of in accordance with federal and state law. Section 7-6-5. Oil/Gas Exploration. (A) Proof of Ownership. Each application shall be accompanied by proof of ownership of the oil and/or natural gas rights for the entire site. This proof may take the form of signed contracts, leases, affidavits, or other documents. (B) General Standards. 57 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 53 of 82 (1) All oil/gas exploration shall comply with all local, state, and federal laws and regulations, including those set by the Virginia Department of Energy’s Mineral Mining and Oil and Gas divisions. (2) As part of the application, operators shall submit a copy of any assessments, operations plan(s), and reclamation plans, as required by state or federal agencies. (3) The Administrator may require additional information that may be necessary for a complete technical review of the application. (4) Grading and alteration of natural drainage shall be minimized. (5) If the exploratory drilling program is unsuccessful the well site shall be abandoned/closed, in accordance all local, state, and federal regulations. (6) Storage in excess of 600 gallons of petroleum products shall not be established without the approval of the Pittsylvania County Public Safety Director. (C) Setbacks. (1) No building or structure used with oil/gas exploration shall be located within 200 ft. of any public road or any adjoining property. (a) Buildings devoted solely to office and administrative uses shall be located no less than 100 ft. from a public road or adjoining property. (D) Lot Area. Maximum drill site of 4 acres. (1) The drill site may contain any number of boreholes. (E) Site Development Plan. In addition to the requirements of Site Development Plans, as provided in Article III, Permits and Applications, of this Ordinance, the following shall be provided: (1) The proposed locations for all buildings, structures, and equipment, including rig placement(s), location and size of drill pad, derricks, structures, equipment, storage tanks, gathering lines and all permanent improvements to the site. (2) The area to be permitted and bonded, as required by the Virginia Department of Energy. (a) The estimated cost of decommissioning shall be guaranteed by bond, letter of credit, or other security approved by the County. (b) The owner shall deposit the required amount into the approved escrow amount before any permit is issued to allow construction of the oil and/or natural gas drilling operation. (c) The escrow account agreement shall prohibit the release of the bond without the written consent of the County. (d) The dollar amount of the bond shall be the full amount of the estimated decommissioning and reclamation cost without regard to the possibility of salvage value. 58 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 54 of 82 (e) The owner or occupant shall annually recalculate the required bond. (F) Narrative. As part of the application process, a narrative shall be provided that details the following: (1) Proposed sources and quantities of water to be used in any drilling operation. (2) Means of recycling and reusing wastewater to: (a) Protect and manage the quality and quantity of local aquifers; (b) Adhere to local and regional water supply and protection plans; (c) Avoid excessive use of public water supplies or groundwater resources; and (d) Reduce wastewater ultimately requiring disposal. (3) Means of storage, transportation, and disposal of all wastewater generated by or during any drilling operations, in accordance with all local, state, federal regulations. (4) Means of reporting and tracking any wastewater or wastes generated by or during drilling operations that are transported off-site for storage or disposal. (5) Hours of operation and noise attenuation to ensure minimal impact on neighboring properties. (6) For any proposed storage or disposal of wastewater generated by or during any drilling operations through a wastewater treatment facility: (a) Written certification from the facility shall be provided that it will accept and properly treat such wastewater, and the maximum amount or volume of wastewater it will accept and properly treat. (7) For any proposed storage or disposal of waste, including; but not limited to, drilling muds and cuttings generated by or during any drilling operations through a landfill or other facility: (a) Written certification shall be provided that the landfill and/or facility will accept and properly treat such waste or wastewater and the maximum amount or volume of wastewater or waste that the landfill and/or facility will accept and properly treat. (G) Setbacks. (1) No exploratory or production oil or gas well bore shall be permitted within 1,000 ft. of a public groundwater supply well. (2) Boreholes shall not be located within 100 ft. of any property line. (H) Emergency Preparedness. The applicant shall develop and provide the drilling operations’ emergency plan and contact information to the Pittsylvania County Fire Marshal prior to commencement of any drilling operation. (1) An appropriate site visit for orientation of emergency services personnel, as determined by Pittsylvania County, shall be provided prior to commencement of any drilling operation. 59 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 55 of 82 (2) In the event of a governmental declaration of emergency due to drought, Pittsylvania Board of Supervisors may require water withdrawals from ground or surface water to cease for drilling operations. (I) Baseline Environmental Consultant’s Services. (1) Within no more than 12 months prior to drilling, the applicant shall provide a baseline environmental data report. The report shall document existing environmental conditions within a 750-ft. radius of the proposed drilling site. (2) The report shall include water quality samples taken from springs; public water supply intakes; and private wells. (3) The report shall provide a narrative description of the sampling plan and justification for how the plan provides adequate information to give a complete description of the existing surface water quality and the quality and current yield/quantity of groundwater wells within the 750- ft. radius from the proposed drilling site. (4) All water sampling shall be conducted by a laboratory certified by the Virginia Department of General Services, Division of Consolidated Laboratory Services (DCLS). Well yield shall be determined by draw down per guidelines established by the Virginia Department of Health. (5) All water testing shall comply with the Virginia Administrative Code, 12VAC5-590-440. (6) The County may require water analysis for additional chemicals that are not currently included in state or federal regulations listed above. (7) The applicant shall coordinate a reasonable time and manner to obtain water samples on private property. Should a property owner refuse the applicant access to obtain a water sample, the applicant shall notify the Administrator in writing of such refusal or prevention. (8) The County shall submit the baseline environmental report to an independent environmental consultant for review and recommendations regarding the sufficiency of the baseline environmental data provided in the report. (a) The cost of all services shall be charged to the applicant. (b) The independent consultant shall have 90 days to review the report and provide a notice of either insufficiency or sufficiency to the County. (c) An environmental data report deemed sufficient by the independent environmental consultant shall be accepted by the County before drilling may commence. (J) Drilling Environmental Consultant’s Services. Once every 12 months after drilling has commenced, the applicant shall provide a drilling environmental data report. (1) The report shall document existing environmental conditions within a 750 ft. radius of the drilling site. (2) The report shall include all information and follow same procedure as provided in Section 7-6- 3(E)(7), above. 60 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 56 of 82 (K) Post Drilling Environmental Consultant’s Services. No more than 6 months after drilling is complete, the applicant shall provide a post-drilling environmental data report. (1) The report shall document existing environmental conditions within a 750 ft. radius of the drilling site. (2) The report shall include all information and follow same procedure as provided in Section 7-6- 3(E)(7), above. (L) Termination of Drilling Operation. (1) The owner and/or operator of a drilling operation scheduled to be terminated shall notify the Administrator of the proposed date of termination of operations. (2) The owner and/or operator of a drilling operation shall comply with all applicable federal, state, and local laws and regulations for the plugging and closing of wells. (3) If the drilling operation, or any part thereof, is inoperable or does not operate for more than 180 days and the owner and/or operator of the operation does not give such notice to the Administrator, the operation shall be considered terminated. (4) Within 12 months of the date of termination, the owner and/or operator shall physically remove the operation. The County may extend this period at the request of the owner and/or operator. Physical removal shall include but is not limited to: (a) Removal of the drilling rigs, all machinery, equipment, equipment shelters, security barriers, and all appurtenant structures from the lot. (b) Proper disposal of all wastewater or waste, including but not limited to solid or hazardous materials, generated by or during a drilling operation, in accordance with all applicable federal, state, and local laws and regulations. (c) Restoration of the location of the drilling operation to its natural, pre-existing condition, as agreed to by the property owner. (d) Removal of foundations to a depth of 4 ft. below ground level. The County has discretion to waive or alter this requirement for any other legally authorized use. Restoration shall be verified by the Administrator. Section 7-6-6. Sawmill, Temporary. (A) Setbacks.36 (1) No temporary sawmill shall be located within 100 ft. of any property line. (i) Trees and vegetation within the 100 ft. setback shall be maintained as a buffer to adjoining properties and uses. 36 Editor’s Note: 7-6-8(A) is included in Section 35-126 of the existing Ordinance. 61 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 57 of 82 (2) No saw, planer, chipper, conveyor, chute, or other similar machinery shall be located closer than 600 ft. from any dwelling on any lot other than the lot on which the sawmill, planing mill, or wood yard is located. (B) General Standards. (1) A temporary sawmill shall only be established to process timber cut from the parcel on which the temporary sawmill is located or on immediately adjacent parcels under common ownership. (2) No processing, milling, finishing, or artificial means of drying green lumber shall be associated with a temporary sawmill. (3) Green lumber and all other products and by-products from the temporary sawmill shall be removed from the site at least every 60 days. (4) Buildings associated with a temporary sawmill shall be limited to shelter for the sawmill equipment and essential shelter for personnel. No building shall be erected for the storage, processing or drying of green lumber. (5) Outdoor storage of lumber, logs, chips, or timber shall conform with the standards of Outdoor Storage, as provided in Section 7-7-7 of this Article. (6) All timbering and milling operations, including reforestation/restoration and the disposal of snags, sawdust, and other debris, shall be conducted in accordance with all applicable regulations of the Virginia Department of Forestry. Division 7. Miscellaneous Use Standards. Section 7-7-1. Accessory Structure. (A) Exemptions. Residential accessory structures including, but not limited to, flag poles, basketball hoops, clotheslines, arbors, swings, structures less than 6 sq. ft., or residential yard ornaments shall be exempt from the minimum setback, lot area, and certification requirements as specified in this Section. (B) Development Standards. (1) Accessory structures shall meet the standards of the underlying zoning district, including setbacks and height regulations. (2) Accessory structures are not permitted in front setbacks, except in agricultural districts. (3) Accessory structures shall not exceed 40% of the gross floor area of the main structure. (i) Accessory structures in agricultural districts are exempt from this provision. (C) Permanent Portable Storage Containers. (1) Where Permitted. Permitted in agricultural districts only. Prohibited in residential, commercial, industrial, and planned development districts. 62 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 58 of 82 (2) Standards. (i) Portable storage containers used as permanent storage located outside of a fully enclosed building or structure in an agricultural district, and visible from adjacent properties or highways shall be screened and/or buffered in compliance with Article VIII, Community Design Standards, of this Ordinance, and kept in good condition. (ii) A Zoning Permit is required for any portable storage container located on a lot for more than 15 calendar days. (iii) The portable storage container shall meet all setback requirements for the district in which it is located. (iv) Other than the required Zoning Permit, no sign shall be attached to a portable storage container except to provide the contact information of the container provider. (v) Portable storage containers shall not be used in conjunction with a Class A or Class B Home Occupation or used as a principal use or main building or structure. (vi) The vertical stacking of portable storage containers and the stacking of any other materials or merchandise on top of any storage container shall be prohibited. (D) Temporary Portable Storage Containers. (1) Where Permitted. Permitted in all zoning districts. (2) Standards. (i) A Zoning Permit is required for any portable storage container used temporarily and located on a lot for more than 15 calendar days. (a) No permit shall be granted for more than 60 calendar days. (ii) The portable storage container shall be placed a minimum of 5 ft. from the property line, or on the driveway of the lot. (a) When it can be demonstrated that space is not available on the lot, one portable storage container may be placed in a legal parking space on the street for a period no longer than 15 days, with the approval of the Pittsylvania County Public Works Department and the Pittsylvania County Fire Marshal. (iii) Other than the required Zoning Permit, no sign shall be attached to a portable storage container except to provide the contact information of the container provider. (iv) The vertical stacking of portable storage containers and the stacking of any other materials or merchandise on top of any storage container shall be prohibited. (E) The provisions of this Section shall not apply to properties where construction is actively occurring under a valid building permit. For those uses, see Section 7-7-3, Construction Building or Yard, Temporary. 63 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 59 of 82 Section 7-7-2. Boathouse. Compliance. All boathouses shall comply with any applicable regulations in Article V, Overlay Zoning Districts, of this Ordinance, in addition to all relevant State laws and regulations, including but not limited to those protecting soil and water quality. Section 7-7-3. Construction Building or Yard, Temporary.37 (A) Intent. Construction temporary uses are intended for administration offices, storage facilities, and/or portable toilet facilities used during construction on a site. (B) Location. Construction temporary uses shall be located within the recorded subdivision it serves or on the same lot where the construction project is located. (C) General Standards. (1) Construction temporary uses shall have the name of the construction company printed on a maximum of 4 ft. by 8 ft. sign permanently affixed on the outside of the building. (2) Construction temporary uses shall meet all requirements of the Building Code, including tie down requirements for mobile structures. (3) Structures containing toilet facilities shall: (i) Have a contract for sewage pump-out or exchange; (ii) Shall be strapped down; and (iii) Shall have means of pollution prevention, in accordance with County stormwater regulations. (4) All construction temporary uses shall be maintained in such a manner as to prevent dust or debris from spreading onto adjacent properties or onto any public right-of-way. (5) Any construction temporary use shall be removed within 30 days of the date on which the permanent structure’s construction is complete and a final approval or Certificate of Occupancy is issued, or an associated bond is released. (D) Setbacks. (1) Construction temporary uses, excluding portable toilet facilities, may be located within required setbacks, provided that the location does not constitute a safety hazard to the public or a nuisance to surrounding properties. (i) No portion of a construction temporary use shall be located closer than 150 ft. to any existing residential dwelling unit. 37 Editor’s Note: Section 7-7-3(B), (C)(4), and (D)(1)(i) are all requirements in Section 35-129 of the existing Ordinance. An existing requirement that construction temporary uses be removed within 60 days of completion of construction has been amended to removal within 30 days of completion. 64 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 60 of 82 Section 7-7-4. Kennel, Private. (A) Definition. A private kennel means any place which is equipped and/or used to house, keep, or otherwise care for, outside of the primary dwelling, 5 or more dogs that are over 6 months of age, and for which no compensation is received. (B) Lot Area. Minimum lot area of 20,000 sq. ft.38 (C) Location. Except where animals are confined in soundproofed buildings, no portion of the use, excluding required screening and landscape buffers, shall be located within: (1) 20 ft. from the property lines of adjoining agricultural zoned property; (2) 50 ft. from the property lines of adjoining residential zoned property; and (3) 50 ft. from any dwelling not on the associated parcel. (D) General Standards. (1) Screening shall be provided to visually block runs, pens, and kennels from adjacent properties. (2) Kennels shall be kept free of waste on a regular basis to minimize impacts of odor and reduce propagation of pests. (3) Kennels shall be maintained in a sanitary and humane condition in accordance with Code of Virginia, § 3.2-6503, as amended. Section 7-7-5. Mixed-Use Structure. (A) Dwelling units shall be allowed by-right on the second or higher floor. (B) Dwelling units occupying the first floor of any structure shall only be allowed under the following circumstances: (1) The first-floor residential units are not visible from a public street; (2) If the building fronts on a public street, the residential portion on the first floor shall be shielded by office or retail space or a lobby that maintains a commercial appearance; and (3) At least 50% of the first floor area shall be dedicated to non-residential use. Section 7-7-6. Outdoor Display. (A) Setbacks. The outdoor display shall be setback at least 15 ft. from any public right-of-way and outside any required landscape buffer. (B) Time Limits. Each outdoor display shall be permitted for a period not to exceed 60 consecutive days. (C) Location. 38 Editor’s Note: The proposed minimum lot area for private kennels is consistent with the minimum lot area for properties in the R-1 district with no public utilities available. This can be amended, if desired. 65 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 61 of 82 (1) Outdoor displays shall not impede movement along pedestrian pathways or vehicular travel ways. (2) No outdoor display shall encroach into a sight distance triangle. (D) Outdoor displays shall contain no more than 10% of the merchandise offered for sale on the premises. Section 7-7-7. Outdoor Storage. (A) Intent. The following standards are intended to mitigate impacts of outdoor storage as a principal use, or as an accessory use to commercial and industrial businesses. Examples include construction materials, such as stacks of lumber or stone; equipment; surplus goods; among other items. (B) Location. No outdoor storage shall be located within 50 ft. of a residential district. (C) Screening, Buffering, and Landscaping. (1) Outdoor storage areas shall be screened by a solid wall or fence, including solid entrance and exit gates, not less than 6 ft. nor more than 10 ft. in height. (2) All walls and fences shall have a uniform and durable character and shall be properly maintained. (3) All screening shall be in accordance with Article VIII, Community Design Standards, of this Ordinance. (4) When walls or fences are adjacent to commercial or residential districts, a landscaped buffer shall be provided to break visibility of the fence in accordance with Article VIII, Community Design Standards, of this Ordinance. (5) Outdoor storage shall be located on the side or rear of the main structure and screened from view from any adjacent roadway. (6) No wall or fence screening a storage area shall encroach into a sight distance triangle. (7) Parts, materials, and equipment stored in a storage area shall not be stacked and/or piled higher than the screening wall or fence. Section 7-7-8. Piers, private. Compliance. All private piers shall comply with any applicable regulations in Article V, Overlay Zoning Districts, of this Ordinance, in addition to all relevant state laws and regulations, including but not limited to those protecting soil and water quality. Section 7-7-9. Residential Yard Sale. (A) Hours of Operation. Hours of operation shall be limited to 7:00 a.m. to 7:00 p.m. every day of the week. (B) Signs. Any signage posted to advertise the residential yard sale shall be in accordance with Article VIII, Community Design Standards, of this Ordinance. 66 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 62 of 82 (C) Noise. All noise shall comply with Chapter 41, Noise Control, of the Pittsylvania County Code. (D) Frequency of Residential Yard Sales. There shall be no more than four residential yard sales in a consecutive 12-month period at a single residential dwelling. (1) Yard sales shall be a maximum of two consecutive days. (E) Location. (1) Outdoor displays of goods for sale shall not encroach into a right-of-way or roadway. (2) All outdoor displays of goods for sale shall not locate in the rear yard of the property in the RC- 1, RMF, and MHP zoning districts. (3) Outdoor displays of goods shall be removed within 12 hours of the conclusion of the residential yard sale. Section 7-7-10. Solar Energy Facility, Large-Scale.39 (A) Intent. (1) The intent of this Section is to allow large-scale solar energy facilities in a manner that promotes the development of renewable energy sources, while limiting and mitigating impacts on natural resources and existing agricultural, forestry, residential, commercial, industrial, historical, cultural, and recreational uses of property, or the future development of such uses of property within the County. (2) The purpose of this Section is to outline the process and requirements for the construction, installation, operation, and decommissioning of large-scale solar energy facilities that ensures the protection of health, safety, and welfare, while also avoiding adverse impacts on County resources. (3) This Section is not intended to abridge safety, health, environmental, or land use requirements contained in other applicable laws, codes, regulations, standards, or ordinances. This Section does not supersede or nullify any provision of local, State, or Federal law that applies to solar energy facilities. (B) Compliance. (1) All large-scale solar energy facilities shall fully comply with all applicable local regulations, as well as all applicable state and federal regulations, including but not limited to, the U.S. Environmental Protection Agency (EPA), Federal Aviation Administration (“FAA”), State Corporation Commission (“SCC”) or equivalent, any state departments related to environmental quality, parks, and wildlife protection, as well as all the applicable regulations of any other agencies that were in force at the time of the permit approval. 39 Editor’s Note: Most requirements for large-scale solar energy facilities are new additions, based on County and community feedback for a more robust solar ordinance that addresses potential adverse impacts on adjacent properties and the environment. 67 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 63 of 82 (2) The design and installation of all large-scale solar energy facilities shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), or other similar certifying organizations and shall comply with all fire and safety requirements. (C) Lot Area. Maximum lot area of 5 acres. (D) Consumption. Generated electricity may only be used for on-site consumption. (E) Pre-Application Meeting. A pre-application meeting shall be held with the Administrator to discuss the location, scale, and nature of the proposed use and what will be expected during that process. (F) Land Disturbance. (1) The clearing, grading, and overall site disturbance is limited to only that which is necessary; superfluous clearing and grading is not permitted, in order to retain existing trees and other groundcover. (G) Grid Tied System. No grid-tied system shall be installed until evidence has been given as part of the application that the owner has been approved by the utility company to install the system. (H) Height Limits. (1) If the large-scale solar energy facility is ground-mounted or not flush-mounted on a principal or accessory building, the facility’s height shall not exceed 15 ft. at the tallest point. (2) If the large-scale solar energy facility is roof-mounted or otherwise integrated into a principal or accessory building, the facility’s height shall not exceed the maximum height limit of the district in which it is located. (I) Base Setbacks. Ground mounted large-scale solar energy facilities that are located on contiguous lots, shall; (1) Not have minimum setbacks for interior, or abutting, lot lines; (2) All fences and ancillary equipment/buildings shall be at least 200 ft. from any property line. (3) All panels shall be at least 250 ft. from any property line. (J) Location Standards. (1) Wetlands, waterways, and floodplains shall be avoided. (2) Ground mounted large-scale solar energy facilities shall not be located on non-contiguous lots. (3) No large-scale solar facility shall be located within 5 miles of another existing or permitted large-scale solar facility. (K) Landscaping and Screening. A buffer shall be located within the setbacks required under this Section and shall run around the entire perimeter of the property. (1) All landscaping and screening shall be in accordance with Article VIII, Community Design Standards, of this Ordinance, and must comply with Buffer Type C in Table VIII-2, except that the minimum buffer width shall be 100 ft. wide. The first 50 ft. adjacent to the property line 68 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 64 of 82 shall be planted as described in Type C and the remaining 50 ft. shall be planted with staggered rows of evergreen tree plugs, except to the extent that existing vegetation provides the same screening. (2) All buffers and landscaping shall be maintained for the life of the facility. (3) Existing forest resources shall be preserved by maintaining natural buffers whenever possible. (L) Coordination of Local Emergency Services. The owner or operator shall coordinate with the Pittsylvania County Fire Marshal to provide materials, education, and/or training on how to safely respond to on-site emergencies. Emergency personnel will be given a key or code to access the property in case of an on-site emergency. (1) Prior to generation of power, a Fire Suppression Plan shall be submitted and approved by the Public Safety Director. (M) Noise. During operation, a large-scale solar facility shall not produce a noise level that exceeds 60 dBA as measured at the property line or 50 dBA as measured at the nearest neighboring dwelling. (N) Maintenance. The owner or operator shall maintain the solar facility in good condition. Such maintenance shall include, but not be limited to, painting, structural integrity of the equipment and structures, as applicable, maintenance of the buffer areas, and landscaping. Site access shall be maintained to a level acceptable to the County. The owner or operator shall be responsible for the cost of maintaining the solar facility and access roads, and the cost of repairing damage to private roads occurring as a result of construction and operation. (O) Groundwater Monitoring. Ground water monitoring to assess the level of groundwater contamination shall take place prior to, and upon completion of construction of the project, throughout the entire area of the solar facility. (1) Ground water monitoring shall take place every 5 years of the operation of the project, and upon completion of decommissioning. (2) Results from said monitoring shall be delivered to the Pittsylvania County Department of Community Development. (P) Security Fencing. (1) The facilities shall be enclosed by security fencing. (2) All security fencing shall be a minimum of 6 ft. in height and topped with razor/barbed wire, as appropriate. (3) All security fencing shall be placed behind the buffer and must be screened from view. (4) All security fencing shall be placed around sections of the infrastructure (not the entire site) to provide access corridors for wildlife to navigate through the facility. (5) All security fencing shall be constructed so as to substantially lessen the likelihood of entry by unauthorized individuals. 69 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 65 of 82 (6) A performance bond reflecting the costs of anticipated security fence maintenance shall be posted and maintained. (7) The location of security fencing shall be shown on the Site Development Plan submitted. (8) Failure to maintain the security fencing shall result in revocation of the Special Use Permit, and the facility’s decommissioning. (Q) Wildlife Corridors. The large-scale solar facility shall provide access corridors for wildlife to navigate through the facility, at a number and design based on the Department of Wildlife Resources’ guidance and acceptable to the County. (1) The proposed wildlife corridors shall be shown on the Site Development Plan submitted. (2) Areas between fencing shall be kept open to allow for the movement of migratory animals and other wildlife. (R) Signage. No signage of any type may be placed on the facility other than notices, warnings, and identification information required by law. (1) Signage shall not exceed 40 sq. ft. displaying the facility name, address, and emergency contact information, unless additional signage is required by National Electric Safety Code. (2) Warning signage shall be placed on solar equipment to the extent appropriate or legally required. (3) Solar equipment shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the solar energy project. (4) All signs, flags, streamers, or similar items, both temporary and permanent, are prohibited on solar equipment except as follows: (i) Manufacturer's or installer's identification; (ii) Appropriate warning signs and placards; (iii) Signs that may be required by a federal agency; and (iv) Signs that provide a 24-hour emergency contact phone number and warn of any danger. (5) Educational signage providing information about the utility-scale solar energy facility and the benefits of renewable energy may be allowed, provided such signage conforms with this Section and all applicable standards of Article VIII, Community Design Standards, of this Ordinance. (S) Design Standards. (1) The lowest surface of any panel shall be a maximum of 4 ft. above the finished grade on which the panel is located. (2) Panels shall be located and installed so that the sum of the glare is directed away from structures and the public right-of-way to the extent possible. 70 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 66 of 82 (3) Any new electrical transmission lines may be located either above or below ground in a manner to be least intrusive and mitigate their impact to surrounding properties. (4) Any tie lines shall be located and buffered to block visibility from public roads or other right- of-way. (5) The design of support buildings and related structures shall use materials, colors, textures, screening, and landscaping that will blend the facilities to the natural setting and surrounding structures. (T) Liability Insurance. The owner shall provide proof of adequate liability insurance for a large-scale solar facility prior to beginning construction and before the issuance of any permits. (U) Inspection. (1) Power generated by the solar energy facility shall not be sold until a final inspection has been conducted to determine compliance with the requirements of this Ordinance and the Special Use Permit. (2) The owner shall allow designated County staff access to the facility for inspection purposes. (i) The owner shall provide the name and contact information of a person with authority over the facility who can provide access for any requested inspections. (ii) County staff shall provide the owner with a 3-day notice prior to such inspection when practicable. (3) The owner shall reimburse the County its costs in obtaining an independent third-party inspector to conduct inspections required by local and state laws and regulations, including the Uniform Statewide Building Code. (V) Herbicide Land Application Plan. (1) EPA approved herbicides shall be used for vegetative and weed control at the facility by a licensed applicator. (2) An Herbicide Land Application Plan shall be submitted prior to approval of a final Site Development Plan. (3) The plan shall specify the type of herbicides to be used, the frequency of land application, the identification of approved groundwater wells, wetlands, streams, and the distances from land application areas to features such as wells, wetlands, streams, and other bodies of water. (4) The operator shall notify the County prior to application of pesticides and fertilizers. (W) Grading Plan. A Grading Plan that limits grading to the greatest extent practicable by avoiding steep slopes and laying out arrays parallel to landforms. The Grading Plan shall include: (1) Existing and proposed contours; (2) Locations and amount of topsoil to be stripped and stockpiled onsite (if any); (3) Percent of the site to be graded; 71 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 67 of 82 (4) An earthwork balance achieved on-site with no import or export of soil; and (5) Indication of natural flow patterns in drainage design and amount of impervious surface. (X) Decommission and Reclamation. (1) All applications for a large-scale solar energy facility shall require a Decommission and Reclamation plan, as provided in Section 7-7-10(Y), below. (2) Large-scale solar energy facilities which have reached the end of their useful life, have been abandoned, or have not been in active and continuous service for a period of 12 months shall be removed at the owner’s or operator’s expense, except if the project is being repowered or a force majeure event has or is occurring requiring longer repairs; however, the Board of Zoning Appeals may require evidentiary support that a longer repair period is necessary. (3) The owner or operator shall notify the Administrator by certified mail of the proposed date of discontinued operations and plans for removal. (4) If the owner of the facility fails to remove the installation in accordance with the requirements of the Decommission and Reclamation Plan, or within the proposed date of decommissioning, the County may collect the surety and the County or hired third party may enter the property to physically remove the installation. (5) If a facility is abandoned and the owner receives a notice of abandonment from the Administrator, the owner shall either complete all decommissioning activities and remove the solar energy facility in accordance with the Decommission and Reclamation Plan or resume regular operation within 30 days. (Y) Decommission and Reclamation Plan. (1) All Decommissioning and Reclamation Plans shall be certified by an engineer or contractor with demonstrated expertise in solar facility removal, and shall include the following: (i) The anticipated life of the project; (ii) An estimated deconstruction schedule; (iii) The manner in which the project will be decommissioned; and (iv) The estimated decommissioning cost in current dollars, provided in an itemized format by a Virginia Licensed Professional Engineer (PE). (v) The estimated cost of decommissioning shall be guaranteed by bond, letter of credit, or other security approved by the County. (a) The owner shall deposit the required amount into the approved escrow account before any building permit is issued to allow construction of the utility-scale solar facility. (b) The escrow account agreement shall prohibit the release of the bond without the written consent of the County. The County shall consent to the release of the bond upon the owner’s compliance with the approved Decommission and Reclamation Plan. 72 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 68 of 82 The County may approve the partial release of the bond as portions of the approved Decommission and Reclamation Plan are performed. (c) The dollar amount of the bond shall be the full amount of the estimated decommissioning cost without regard to the possibility of salvage value. (d) The owner or occupant shall recalculate the estimated cost of decommissioning every 5 years. If the recalculated estimated cost of decommissioning exceeds the original estimated cost of decommissioning by 10%, then the owner or occupant shall deposit additional funds into the bond to meet the new cost estimate. If the recalculated estimated cost of decommissioning is less than 90% of the original estimated cost of decommissioning, then the County may approve reducing the amount of the bond to the recalculated estimate of decommissioning cost. (2) Decommission shall include removal of all solar electric systems, buildings, cabling, electrical components to a depth of at least 36 inches, and security barriers, roads, foundations, pilings, and any other associated facilities, so that any agricultural ground upon which the facility and/or system was located is again tillable and suitable for agricultural uses. (3) The site shall be graded and re-seeded or replanted within 12 months of removal of solar facilities to restore it to as natural of a pre-development condition as possible. (i) Any exception to site restoration, such as leaving driveways, entrances, or landscaping in place, or substituting plantings, shall be requested by the landowner in writing, and this request shall be approved by the Board of Zoning Appeals. (4) Hazardous material from the property shall be disposed of in accordance with federal and state law. Section 7-7-11. Solar Energy Facility, Small-Scale. (A) Intent. (1) The intent of this Section is to allow small-scale solar energy facilities in a manner that promotes the development of renewable energy sources, while limiting and mitigating impacts on natural resources and existing agricultural, forestry, residential, commercial, industrial, historical, cultural, and recreational uses of property, or the future development of such uses of property within the County. (2) The purpose of this Section is to outline the process and requirements for the construction, installation, operation, and decommissioning of small-scale solar energy facilities that ensures the protection of health, safety, and welfare, while also avoiding adverse impacts on County resources. (3) This Section is not intended to abridge safety, health, environmental, or land use requirements contained in other applicable laws, codes, regulations, standards, or ordinances. This Section does not supersede or nullify any provision of local, State, or Federal law that applies to solar energy facilities. 73 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 69 of 82 (B) Compliance. (1) All small-scale solar energy facilities shall fully comply with all applicable local regulations, as well as all applicable state and federal regulations, including but not limited to, the U.S. Environmental Protection Agency (EPA), Federal Aviation Administration (“FAA”), State Corporation Commission (“SCC”) or equivalent, any state departments related to environmental quality, parks, and wildlife protection, as well as all the applicable regulations of any other agencies that were in force at the time of the permit approval. (2) The design and installation of all small-scale solar energy facilities shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), or other similar certifying organizations and shall comply with all fire and safety requirements. (3) Site Development Plans shall be required for all small-scale solar energy facilities, in accordance with Article III, Permits and Applications, of this Ordinance. (C) Consumption. Generated electricity may only be used for on-site consumption. (D) Land Disturbance. (1) The clearing, grading, and overall site disturbance is limited to only that which is necessary; superfluous clearing and grading is not permitted, in order to retain existing trees and other groundcover. (E) Height Limits.40 (1) If the small-scale solar energy facility is ground-mounted or not flush-mounted on a principal or accessory building, the facility’s height shall not exceed 15 ft. at the tallest point, as measured from the base of the facility at grade to its highest point. (2) If the small-scale solar energy facility is roof-mounted on a principal or accessory building, the facility’s height shall not exceed the maximum height limit of the primary underlying zoning district. (F) Setbacks.41 All small-scale solar energy facilities shall comply with all setback requirements of the underlying zoning district in which it is located. (G) Landscaping and Screening. Landscaping and screening shall be provided for ground mounted solar to block visibility of the panel(s) and ancillary equipment from adjacent properties. All landscaping and screening shall be in accordance with Article VIII, Community Design Standards, of this Ordinance. (H) Design Standards. (1) If the small-scale solar energy facility is ground-mounted or not flush-mounted on a principal or accessory building, then: 40 Editor’s Note: Standards included in 35-141(A) of the existing Ordinance; they have been reworded for clarity. 41 Editor’s Note: Standard included in 35-141(A) of the existing Ordinance; reworded for clarity. 74 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 70 of 82 (i) The lowest surface of any panel shall be a maximum of 3 ft. above the finished grade on which the panel is located.42 (ii) All wiring not on the solar arrays shall be underground except where necessary. (2) All small-scale solar energy facilities shall utilize components which have a UL listing or equivalent and fully comply with all applicable building and electrical codes and shall not generate or create electrical interruptions or interference with existing electrical or electronic uses.43 (3) All ground-mounted small-scale solar energy facilities shall be sited to avoid glare and heat transference to adjacent properties. (I) Inspection. (1) The owner will allow designated County staff access to the facility for inspection purposes. The County staff will provide the owner with 24-hour notice prior to such inspection when practicable. (2) The owner shall reimburse the County its costs in obtaining an independent third-party to conduct inspections required by local and state laws and regulations. (J) Decommission. (1) Small-scale solar energy facilities which have reached the end of their useful life, have been abandoned, or have not been in active and continuous service for a period of 12 months shall be removed at the owner’s or operator’s expense, except if the facility is being repowered or a force majeure event has or is occurring requiring longer repairs; however, the County may require evidentiary support that a longer repair period is necessary. (2) The owner or operator shall notify the Administrator by certified mail of the proposed date of discontinued operations and plans for removal. (3) If a facility is abandoned and the owner receives a notice of abandonment from the Administrator, the owner shall either remove the solar energy facility or resume regular operation within 30 days. (4) If the owner of the solar facility fails to remove the installation within the proposed date of decommissioning, a hired third party may enter the property to physically remove the installation. (5) Decommission shall include removal of all solar electric systems, buildings, cabling, electrical components, security barriers, roads, foundations, pilings, and any other associated facilities, so that any agricultural ground upon which the facility and/or system was located is again tillable and suitable for agricultural uses. 42 See above. 43 See above. 75 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 71 of 82 (6) Hazardous material from the property shall be disposed of in accordance with federal and state law. Section 7-7-12. Solar Energy Facility, Utility-Scale.44 45 (A) Intent. (1) The intent of this Section is to allow utility-scale solar energy facilities in a manner that promotes the development of renewable energy sources, while limiting and mitigating impacts on natural resources and existing agricultural, forestry, residential, commercial, industrial, historical, cultural, and recreational uses of property, or the future development of such uses of property within the County. (2) The purpose of this Section is to outline the process and requirements for the construction, installation, operation, and decommissioning of utility-scale solar energy facilities that ensures the protection of health, safety, and welfare, while also avoiding adverse impacts on County resources. (3) This Section is not intended to abridge safety, health, environmental, or land use requirements contained in other applicable laws, codes, regulations, standards, or ordinances. This Section does not supersede or nullify any provision of local, State, or Federal law that applies to solar energy facilities. (B) Compliance.46 (1) All utility-scale solar energy facilities shall fully comply with all applicable local regulations, as well as all applicable state and federal regulations, including but not limited to, the U.S. Environmental Protection Agency (EPA), Federal Aviation Administration (“FAA”), State Corporation Commission (“SCC”) or equivalent, any state departments related to environmental quality, parks, and wildlife protection, as well as all the applicable regulations of any other agencies that were in force at the time of the permit approval. (2) The design and installation of all utility-scale solar energy facilities shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), or other similar certifying organizations and shall comply with all fire and safety requirements. (C) Lot Area. 47 44 Editor’s Note: All amendments to the solar ordinance adopted by the Board of Supervisors in March 2023 have been included in this Section. 45 Editor’s Note: Most requirements for utility-scale solar energy facilities are new additions, based on County and community feedback for a more robust solar ordinance that addresses potential adverse impacts on adjacent properties and the environment. 46 Editor’s Note: The current Ordinance only requires compliance with UL industry standards; compliance requirements have been expanded to ensure all applicable regulations and industry standards are being met. 47 Editor’s Note: Standard included in Section 35-141(C) of the current Ordinance. 76 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 72 of 82 (1) No more than two percent (2%) of the total acreage within a single zoning district shall be approved for use as a utility-scale solar energy facility. (i) Utility-Scale Solar Energy Facilities shall be exempt from Section 7-7-12(C)(1), above, if the proposed project has entered into a Power Purchase Agreement (“PPA”), or similar agreement, with a tenant company located within the defined boundaries of the Southern Virginia Megasite at Berry Hill, which also has an approved local performance agreement with the Board of Supervisors. (D) Consumption. Generated electricity may be provided to electric cooperative member-customers (non-retail, from behind the meter) or distributed for commercial consumption. (E) Land Disturbance. The clearing, grading, and overall site disturbance is limited to only that which is necessary; superfluous clearing and grading is not permitted, in order to retain existing trees and other groundcover. (F) Height Limits.48 (1) If the utility-scale solar energy facility is ground-mounted, the facility’s height shall not exceed 15 ft. at the tallest point, including appurtenances, as measured from the base of the facility at grade to its tallest point. (a) The Board of Zoning Appeals may approve a greater height based upon the demonstration of a significant need where the impacts of increased height are mitigated. (2) If the utility-solar energy facility is roof-mounted or otherwise integrated into a principal or accessory building, the facility’s height shall not exceed the maximum height limit of the district in which it is located. (G) Base Setbacks.49 (1) Ground mounted utility-scale solar energy facilities that are located on contiguous lots, shall; (a) Not have minimum setbacks for interior, or abutting, lot lines; (b) All fences and ancillary equipment/buildings shall be at least 200 ft. from any property line. (c) All panels shall be at least 250 ft. from any property line. (H) Additional Setbacks and Location Standards.50 (1) Any tie lines shall be located and buffered to block visibility from public roads or other right- of-way. 48 Editor’s Note: Standards included in Section 35-141(F) of the current Ordinance. (A) has been added to allow the Board of Supervisors greater flexibility as needed on a case-by-case basis. 49 Editor’s Note: Setbacks for both fences/ancillary structures and panels have been increased by 50 ft. each. 50 Editor’s Note: (4) is an existing standard in Section 35-141(C) of the current Ordinance; (1), (2), and (3) are proposed additions. 77 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 73 of 82 (2) Wetlands, waterways, and floodplains shall be avoided. (3) Ground mounted utility-scale solar energy facilities shall not be located on non-contiguous lots. (4) No utility-scale solar facility shall be located within 5 miles of another existing or permitted utility-scale solar facility. (i) Utility-Scale Solar Energy Facilities shall be exempt from Section 7-7-12(H)(4), above, if the proposed project has entered into a Power Purchase Agreement (“PPA”), or similar agreement, with a tenant company located within the defined boundaries of the Southern Virginia Megasite at Berry Hill, which also has an approved local performance agreement with the Board of Supervisors. (I) Buffer.51 A buffer shall be located within the setbacks required under this Section and shall run around the entire perimeter of the property. (1) The buffer shall be maintained for the life of the facility. (2) Existing forest resources shall be preserved by maintaining natural buffers whenever possible. (3) Utility-scale facilities shall be in accordance with Article VIII, Community Design Standards, of this Ordinance, and must comply with Buffer Type C in Table VIII-2, except that the minimum buffer width shall be 100 feet wide. (i) The first 50 feet adjacent to the property line shall be planted as described in Type C with evergreen plantings of varieties native or adaptable to the region and a minimum of 6 ft height at time of planting, with one row consisting of a variety expected to reach a minimum height of 25 ft. and the remaining rows of varieties designed to reach at least 15 ft. in height at maturity, and the remaining 50 feet shall be planted with staggered rows of evergreen tree plugs, except to the extent that existing vegetation provides the same screening. (J) Coordination of Local Emergency Services. The owner or operator shall coordinate with the Pittsylvania County Fire Marshal to provide materials, education, and/or training on how to safely respond to on-site emergencies. Emergency personnel will be given a key or code to access the property in case of an on-site emergency. (1) Prior to generation of power, a Fire Suppression Plan shall be submitted and approved by the Public Safety Director. (K) Noise.52 During operation, a utility-scale solar facility shall not produce noise levels that exceed the following dBA measurements: 51 Editor’s Note: Currently required in Section 35-141(D) of the current Ordinance but reorganized for clarity and to require conformance with all applicable requirements of Article VIII. 52 Editor’s Note: Section 35-141(F) of the current Ordinance states that all utility-scale solar energy facilities must comply with Pittsylvania County’s Noise Control Ordinance, but the requirements shall be no more stringent than for other development in the underlying zoning district. This has been removed to apply a standard maximum noise level based on the zoning of adjacent properties. 77 dBA in industrial districts is consistent with the regulations of Chapter 78 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 74 of 82 (1) 77 dBA as measured from the property line of all adjacent industrially zoned properties; (2) 60 dBA as measured from the property line of all adjacent properties not zoned industrially; and (3) 50 dBA as measured from the exterior of the nearest residential dwelling unit. (L) Maintenance. The owner or operator shall maintain the solar facility in good condition. Such maintenance shall include, but not be limited to, painting, structural integrity of the equipment and structures, as applicable, maintenance of the buffer areas, and landscaping. Site access shall be maintained to a level acceptable to the County. The owner or operator shall be responsible for the cost of maintaining the solar facility and access roads, and the cost of repairing damage to private roads occurring as a result of construction and operation. (M) Groundwater Monitoring. Ground water monitoring to assess the level of groundwater contamination shall take place prior to, and upon completion of construction of the project, throughout the entire area of the solar facility. (1) Ground water monitoring shall take place every 5 years of the operation of the project, and upon completion of decommissioning. (2) Results from said monitoring shall be delivered to the Pittsylvania County Department of Community Development. (N) Security Fencing. (1) The facilities shall be enclosed by security fencing. (2) All security fencing shall be a minimum of 6 ft. in height and topped with razor/barbed wire, as appropriate. (3) All security fencing shall be placed behind the buffer and must be screened from view. (4) All security fencing shall be placed around sections of the infrastructure (not the entire site) to provide access corridors for wildlife to navigate through the facility. (5) All security fencing shall be constructed so as to substantially lessen the likelihood of entry by unauthorized individuals. (6) A performance bond reflecting the costs of anticipated security fence maintenance shall be posted and maintained. (7) The location of security fencing shall be shown on the Site Development Plan submitted. (8) Failure to maintain the security fencing shall result in revocation of the Special Use Permit, and the facility’s decommissioning. 41 of the Pittsylvania County Ordinance; 60 dBA from the property line of all other districts and 50 dBA from the nearest residential dwelling are best practices. 79 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 75 of 82 (O) Wildlife Corridors. The utility-scale solar facility shall provide access corridors for wildlife to navigate through the facility, at a number and design based on the Department of Wildlife Resources’ guidance and acceptable to the County. (1) The proposed wildlife corridors shall be shown on the Site Development Plan submitted. (2) Areas between fencing shall be kept open to allow for the movement of migratory animals and other wildlife. (P) Signage.53 No signage of any type may be placed on the facility other than notices, warnings, and identification information required by law. (1) Signage shall not exceed 40 sq. ft. displaying the facility name, address, and emergency contact information, unless additional signage is required by National Electric Safety Code. (2) Warning signage shall be placed on solar equipment to the extent appropriate or legally required. (3) Solar equipment shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the solar energy project. (4) All signs, flags, streamers, or similar items, both temporary and permanent, are prohibited on solar equipment except as follows: (a) Manufacturer's or installer's identification; (b) Appropriate warning signs and placards; (c) Signs that may be required by a federal agency; and (d) Signs that provide a 24-hour emergency contact phone number and warn of any danger. (5) Educational signage providing information about the utility-scale solar energy facility and the benefits of renewable energy may be allowed, provided such signage conforms with this Section and all applicable standards of Article VIII, Community Design Standards, of this Ordinance. (Q) Additional Design Standards. (1) The lowest surface of any panel shall be a maximum of 4 ft. above the finished grade on which the panel is located. (2) Panels shall be located and installed so that the sum of the glare is directed away from structures and the public right-of-way to the extent possible. (3) Any new electrical transmission lines may be located either above or below ground in a manner to be least intrusive and mitigate their impact to surrounding properties. 53 Editor’s Note: (4) and (5) are regulations included in Section 35-141(F) of the existing Ordinance; (1), (2), and (3) are proposed for addition. 80 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 76 of 82 (4) The design of support buildings and related structures shall use materials, colors, textures, screening, and landscaping that will blend the facilities to the natural setting and surrounding structures. (R) Grid Tied System. No grid-tied system shall be installed until evidence has been given as part of the application that the owner has been approved by the utility company to install the system. (S) Liability Insurance.54 The owner shall provide proof of adequate liability insurance for a utility-scale solar facility prior to beginning construction and before the issuance of any permits. (T) Inspection. (1) Power generated by the solar energy facility shall not be sold until a final inspection has been conducted to determine compliance with the requirements of this Ordinance and the Special Use Permit. (2) The owner shall allow designated County staff access to the facility for inspection purposes. (i) The owner shall provide the name and contact information of a person with authority over the facility who can provide access for any requested inspections. (ii) County staff shall provide the owner with a 3-day notice prior to such inspection when practicable. (3) The owner shall reimburse the County its costs in obtaining an independent third-party inspector to conduct inspections required by local and state laws and regulations, including the Uniform Statewide Building Code. (U) Application Requirements. In addition to any requirements of Article III, Permits and Applications, of this Ordinance, applications for utility-scale solar energy facilities shall include the following. (1) Pre-Application Meeting. A pre-application meeting shall be held with the Administrator to discuss the location, scale, and nature of the proposed use, what will be expected during that process, and the potential for a siting agreement. (2) Neighborhood Meeting. A public meeting shall be held to give the community an opportunity to hear from the applicant and ask questions regarding the proposed project. The meeting shall adhere to the following: (i) The applicant shall inform the Administrator and adjacent property owners in writing of the date, time, and location of the meeting, at least 14 but no more than 21 days, in advance of the meeting date. (ii) The date, time, and location of the meeting shall be advertised in a newspaper of record in the County by the applicant, at least 14 but no more than 21 days, in advance of the meeting date. (iii) The meeting shall be held within the County, at a location open to the public with adequate parking and seating facilities that will accommodate persons with disabilities. 54 Editor’s Note: Regulation is currently included in Section 35-141(D) of the current Ordinance. 81 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 77 of 82 (iv) The meeting shall give members of the public the opportunity to review application materials, ask questions of the applicant, and provide feedback. (v) The applicant shall provide the Administrator a summary of any input received from members of the public at the meeting and copies of any written submissions from the public. (3) Siting Agreement.55 Prior to application for a Special Use Permit, the applicant shall enter into a Siting Agreement with the County, in accordance with Code of Virginia § 15.2-2316.7, as amended. (4) Project Narrative56. A detailed narrative that: (i) Identifies the applicant, facility owner, site owner, and operator; (ii) Describes the proposed facility, including: (a) An overview of the project and its location; (b) The size of the site and the total project area; (c) The current use of the site; (d) The estimated time for construction and proposed date for commencement of operations; (e) The planned maximum rated capacity of the facility; (f) The approximate number, representative types, and expected footprint of solar equipment to be constructed; including the maximum number of photovoltaic panels and ancillary facilities; and (g) How and where the electricity will be transmitted, including the location of the proposed electrical grid interconnection. (iii) Site Development Plan. In addition to the Site Development Plan requirements of Article III, Permits and Applications, of this Ordinance, all Site Development Plans for utility-scale solar energy facilities may also require additional information as determined by the Administrator, such as a scaled elevation view and other supporting drawings, photographs of the proposed site, photo or other realistic simulations or modeling of the proposed solar energy project from potentially sensitive locations as deemed necessary by the Administrator to assess the visual impact of the project, landscaping and screening plan, coverage map, and additional information that may be necessary for a technical review of the proposal. (5) Construction Schedule. An estimated construction schedule. 55 Editor’s Note: Standard included in Section 35-141(C) of the current Ordinance; the Code of Virginia reference has been added for clarity. 56 Editor’s Note: Any required narrative components included in Section 35-141(D) of the current Ordinance have been retained; text has been reorganized for clarity and new text has been proposed for a complete narrative. 82 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 78 of 82 (6) Visual Impact Analysis.57 The analysis demonstrates project siting and proposed mitigation, if necessary, so that the facility minimizes impact on the visual character of the municipality. (i) The applicant shall provide accurate, to scale, photographic simulations showing the relationship of the facility and its associated amenities and development to its surroundings. The photographic simulations shall show such views of solar structures from locations such as property lines, roadways, and any historic properties listed on the Virginia Landmarks Register or the National Register of Historic Places within 5 miles of the proposed facility as deemed necessary by the Administrator to assess the visual impact of the facility. (ii) The total number of simulations and the perspectives from which they are prepared shall be established by the Administrator after the pre-application meeting. (7) Community Impact Assessment. An assessment of the impact on the immediate vicinity of the proposed solar project as well as the greater Pittsylvania County community. (i) The report shall be prepared by a professional acting within his or her competency, shall be presented in written form and shall analyze in specific terms the probable impact of the project on the vicinity and community over time. (ii) Specific attention, as may be appropriate to the individual proposal, should be given but not limited to the following elements: (a) Anticipated direct revenues to the County from real estate and personal property taxes; (b) An assessment of employment opportunities to be created by the proposed development; (c) An assessment of the short- and long-term economic impact of the proposed development; (d) If the development is replacing an existing enterprise, including agriculture and forestry, an assessment of the impact the current enterprise has on the local economy and how the local economy will be impacted by the loss of the existing enterprise; and (e) Fire, rescue, and law enforcement requirements as compared to existing capacities and facilities. (iii) The Administrator may waive certain elements of the Community Impact Assessment, where the nature of the proposed facility makes such elements inapplicable. (V) Environmental Impact Assessment.58 A statement regarding any site and viewshed impacts, including direct and indirect impacts to national or state forests and grasslands, national or state 57 Editor’s Note: Replaces the viewshed protection plan currently required in Section 35-141(D).12, adding additional requirements for impact analysis. 58 Editor’s Note: Required in Section 35-141(D) of the current Ordinance; text has been amended for clarity. 83 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 79 of 82 parks, County parks, wildlife management areas, conservation easements, or recreational areas, on or within 5 miles of the proposed facility. (1) Wetlands, rivers and streams, and floodplains shall be inventoried, delineated, and mapped to provide baseline data for the evaluation of the current proposal and to determine satisfactory decommissioning as required in this Section. (i) The inventory and mapping of floodplain shall not be construed to allow development within regulatory flood plain areas. (W) Traffic Study. (1) Information about the proposed facility’s traffic impacts, modeling both the construction and decommissioning processes, to include: (i) The time of day that transport will occur; (ii) Characteristics of the loaded vehicles, including: (a) Length, height, width, curb weight; (b) Maximum load capacity; (c) Number of axles, including trailers; and (d) Distance between axles. (iii) The number of vehicles transporting goods; (iv) The frequency of vehicle arrival at the site; and (v) The number of drivers the project will employ. (2) The haul route(s) shall be provided and approved for construction impacts. (3) After review of the application’s traffic impact information, the County may require a full traffic study to be accepted by an engineer approved by the County. (X) Grading Plan. A Grading Plan that limits grading to the greatest extent practicable by avoiding steep slopes and laying out arrays parallel to landforms. The Grading Plan shall include: (1) Existing and proposed contours; (2) Locations and amount of topsoil to be stripped and stockpiled onsite (if any); (3) Percent of the site to be graded; (4) An earthwork balance achieved on-site with no import or export of soil; and (5) Indication of natural flow patterns in drainage design and amount of impervious surface. (Y) Landscaping Plan. (1) The Landscape Plan shall be prepared by a certified landscape architect or other qualified, licensed person. (2) The Landscaping Plan shall indicate: 84 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 80 of 82 (i) All ground cover, screening and buffering materials, landscaping, and elevations. (a) All landscaping, screening, and buffering shall be in accordance with Article VIII, Community Design Standards, of this Ordinance, and Section 7-7-12(I), above. (b) Ground cover shall be native vegetation where compatible with site conditions. (c) Screening vegetation shall include pollinator plants where compatible with site conditions. (ii) Locations of wildlife corridors. (iii) Maintenance requirements. (Z) Herbicide Land Application Plan. (1) EPA approved herbicides shall be used for vegetative and weed control at the facility by a licensed applicator. (2) An Herbicide Land Application Plan shall be submitted prior to approval of a final Site Development Plan. (3) The plan shall specify the type of herbicides to be used, the frequency of land application, the identification of approved groundwater wells, wetlands, streams, and the distances from land application areas to features such as wells, wetlands, streams, and other bodies of water. (4) The operator shall notify the County prior to application of pesticides and fertilizers. (AA) Decommission and Reclamation.59 (1) All applications for a utility-scale solar energy facility shall require a Decommission and Reclamation plan, as provided in Section 7-7-12(BB), below. (2) Utility-scale solar energy facilities which have reached the end of their useful life, have been abandoned, or have not been in active and continuous service for a period of 12 months shall be removed at the owner’s or operator’s expense, except if the project is being repowered or a force majeure event has or is occurring requiring longer repairs; however, the Board of Zoning Appeals may require evidentiary support that a longer repair period is necessary. (3) The owner or operator shall notify the Administrator by certified mail of the proposed date of discontinued operations and plans for removal. (4) If the owner of the facility fails to remove the installation in accordance with the requirements of the Decommission and Reclamation Plan, or within the proposed date of decommissioning, the County may collect the surety and the County or hired third party may enter the property to physically remove the installation. 59 Editor’s Note: A decommission plan is required in Section 35-141(E) of the current Ordinance; text has been amended and reorganized for clarity. Additional requirements have been added to address proper disposal of equipment and grading and re-seeding of property. 85 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 81 of 82 (5) If a facility is abandoned and the owner receives a notice of abandonment from the Administrator, the owner shall either complete all decommissioning activities and remove the solar energy facility in accordance with the Decommission and Reclamation Plan or resume regular operation within 30 days. (BB) Decommission and Reclamation Plan. (1) All Decommissioning and Reclamation Plans shall be certified by an engineer or contractor with demonstrated expertise in solar facility removal, and shall include the following: (i) The anticipated life of the project; (ii) An estimated deconstruction schedule; (iii) The manner in which the project will be decommissioned; and (iv) The estimated decommissioning cost in current dollars, provided in an itemized format by a Virginia Licensed Professional Engineer (PE). (v) The estimated cost of decommissioning shall be guaranteed by bond, letter of credit, or other security approved by the County. (a) The owner shall deposit the required amount into the approved escrow account before any building permit is issued to allow construction of the utility-scale solar facility. (b) The escrow account agreement shall prohibit the release of the bond without the written consent of the County. The County shall consent to the release of the bond upon the owner’s compliance with the approved Decommission and Reclamation Plan. The County may approve the partial release of the bond as portions of the approved Decommission and Reclamation Plan are performed. (c) The dollar amount of the bond shall be the full amount of the estimated decommissioning cost without regard to the possibility of salvage value. (d) The owner or occupant shall recalculate the estimated cost of decommissioning every 5 years. If the recalculated estimated cost of decommissioning exceeds the original estimated cost of decommissioning by 10%, then the owner or occupant shall deposit additional funds into the bond to meet the new cost estimate. If the recalculated estimated cost of decommissioning is less than 90% of the original estimated cost of decommissioning, then the County may approve reducing the amount of the bond to the recalculated estimate of decommissioning cost. (2) Decommission shall include removal of all solar electric systems, buildings, cabling, electrical components to a depth of at least 36 inches, and security barriers, roads, foundations, pilings, and any other associated facilities, so that any agricultural ground upon which the facility and/or system was located is again tillable and suitable for agricultural uses. (3) The site shall be graded and re-seeded or replanted within 12 months of removal of solar facilities to restore it to as natural of a pre-development condition as possible. 86 Pittsylvania County Zoning Ordinance Update June 8, 2023 Draft Article VII – Use Performance Standards Draft Article VII – Use Performance Standards | 82 of 82 (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. 87 Pittsylvania County Zoning Ordinance Update June 8, 2023 Pertinent Definitions for Review – Worksession #5 Draft - Pertinent Definitions for Review | 1 of 15 Editor’s Note: These definitions are included for review and to aid in understanding the concepts of Article VI, Use Matrix, and Article VII, Community Design Standards. They will be placed in Article X – Definitions following the review of the Planning Commission, Board of Zoning Appeals, and Board of Supervisors. Definitions for Articles VI and VII.1 General Definitions Animal Unit. For the purpose of determining the number of livestock animals permitted to be kept as residential agriculture, one (1) animal unit shall consist of domestic or domesticated animals/fowl based on the following: One (1) animal unit = one (1) adult bovine (cattle, buffalo); two (2) juvenile bovine animals less than one (1) year old; one (1) equine animal (horse, donkey, mule); five (5) camelid animals (llamas, alpacas); five (5) capridae animals (goats); two (2) porcine animals (pigs); sixteen (16) small poultry (chickens, ducks); eight (8) medium poultry (turkeys, geese); or three (3) large poultry (ostriches, emus). Inoperable vehicle.2 Any motor vehicle which is not in operating condition; or which for a period of sixty (60) days or longer has been partially or totally disassembled by the removal of tires and wheels, the engine, or other essential parts required for the operation of the vehicle; and for which there is no valid inspection sticker. The term does not include farm use vehicles or antique vehicles. Nutrient Management Plan. A site-specific plan developed by a Certified Nutrient Management Planner and reviewed by the Virginia Department of Conservation and Recreation intended to improve and protect water quality using best management practices such as timing, rate and placement of fertilizer, manure and biosolids for agricultural and urban purposes. Recreational Vehicle. Recreational vehicle means a vehicular type or portable structure without a permanent foundation which can be towed, hauled, or driven and primarily designed as temporary living accommodations for recreational, camping, and travel use and including, but not limited to: travel trailers, truck campers, camping trailers, and self-propelled motor homes. 1 Editor’s Note: Unless otherwise noted, all definitions are new additions to the Zoning Ordinance. 2 Editor’s Note: Definition included in current Ordinance. 88 Pittsylvania County Zoning Ordinance Update June 8, 2023 Pertinent Definitions for Review – Worksession #5 Draft - Pertinent Definitions for Review | 2 of 15 Agricultural Use Terms Agriculture. Any operation devoted to the bona fide production of crops, or animals, or fowl; the production of fruits and vegetables of all kinds; the production and harvest of products from silvicultural activity; and farm wineries, farm breweries, and farm distilleries as defined by the Code of Virginia. Agriculture, intensive. The commercial confined keeping of at least 300 animal units and where such animals are or will be stabled or confined and fed or maintained for a minimum of forty-five (45) days in any twelve (12) month period, and storage of agricultural products with accessory uses including storage bins and litter/manure storage. The operations of the use may generate dust, noise, odors, pollutants, or visual impacts that could adversely affect adjacent properties. This use does not include Stable, Private or Stable, Commercial, as defined by this Ordinance. Agriculture, residential. Land incidental to a principal residential dwelling utilized for limited agricultural activities for personal use and recreation such as, although not exclusively, gardening, apiaries (bee keeping), and the keeping of domestic livestock, horses, and poultry laying hens. Agritourism. Pursuant to the Code of Virginia §15.2-2288.6, any activity carried out at a farm winery, farm brewery, farm distillery, farm, ranch, or other agricultural operation, that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, wineries, ranching, historical, cultural, harvest-your-own activities, or natural activities and attractions, regardless of whether or not the participant paid to participate in the activity. These rural activities also include, but are not limited to, farm tours, tours of an individual agricultural operation, hayrides, heirloom plant/animal exhibits, crop mazes, and educational programs, workshops, or demonstrations related to agriculture or silviculture. This use does not include weddings and other non-agricultural events as provided by the use Event Venue, as defined by this Ordinance. Anaerobic digester. A facility that uses microrganisms and a lack of oxygen to break down biodegrable material such as animal wastes, agricultural wastes, or industrial wastes, and results in the production of biogas and digestate. Greenhouse. An establishment or place of business primarily engaged in retail sales from the premises including trees, shrubs, seeds, fertilizers, pesticides, plants, and plant materials primarily for agricultural, residential, and commercial consumers. Such an establishment may include a structure used for the cultivation and exhibition of plants under controlled conditions in which plants are offered for sale to the public, either at wholesale or at retail. Processing facility, small-scale. A small-scale commercial use for the for-profit slaughtering and processing of animals that are transported to the facility; includes the processing and storage of animal products/waste that results from the process. Slaughterhouse. A building used for the for-profit slaughtering of animals that are transported to the building in large quantities, slaughtered, and processed and resulting in the storage of animal products and waste. 89 Pittsylvania County Zoning Ordinance Update June 8, 2023 Pertinent Definitions for Review – Worksession #5 Draft - Pertinent Definitions for Review | 3 of 15 Stable, commercial. A lot, building, or group of buildings, where compensation, whether monetary or goods, is provided for the boarding of equine; training of students; or fields or arenas used for scheduled, public, or club events. Stable, private. A lot, building, or group of buildings, where horses are kept for the private use of the owners or their guests, but in no event for hire or compensation. Wayside stand. An establishment for the seasonal retail sale of agricultural or forestal goods and merchandise incidental to an agricultural operation. Merchandise may include items such as fruits, vegetables, flowers, herbs, plants, jams, jellies, sauces, baked goods, or home-made handicrafts. Merchandise may not include warehouse items for resell, such as clothing, housewares, etc. Also referred to as a roadside stand or farm stand. Residential Use Terms Bed and Breakfast. A single family dwelling, that is occupied by the owner or agent who resides on premises, that provides temporary lodging. Food service shall be at least one meal per day, to each person to whom overnight lodging is provided. Day Care, Family Home (1-4 Children). A child day program, as defined under Code of Virginia § 22.1- 289.02, for children offered in the residence of the provider for up to four children at any one time, exclusive of the provider's own children and any children who reside in the home, when at least one child receives care for compensation. Day Care, Family Home (5-12 Children). A child day program, as defined under Code of Virginia § 22.1- 289.02, for children offered in the residence of the provider for between five and twelve children at any one time, exclusive of the provider's own children and any children who reside in the home, when at least one child receives care for compensation. Dwelling, Accessory. An ancillary or secondary dwelling unit that exists on the same lot as the principal dwelling as a standalone structure, in an accessory structure, or attached to or in a primary structure. Dwelling, Manufactured Home. A "single-wide," "double-wide," or "triple-wide" structure that is transportable in one (1) or more sections, is eight (8) feet or more in width and forty (40) feet or more in length in the traveling mode, is built on a permanent chassis and is designed for use as a dwelling unit with or without a permanent foundation when connected to the required utilities. For purposes of this chapter, a Manufactured Home must meet the standards promulgated by the United States Department of Housing and Urban Development (HUD), published at 24 CFR Part 3280, including the ANSI standards incorporated therein by reference. For purposes of this Chapter, a Manufactured Home must bear a data plate declaring that it meets HUD standards. Dwelling, Multi-Family. A building arranged or designed to be occupied by three or more dwelling units for permanent occupancy, regardless of the method of ownership. Included in the use type but not limited to would be garden apartments, low-and high-rise apartments, apartments for elderly housing, and condominiums. Dwelling, Single-Family. A site built or modular building designed for and used exclusively as one dwelling unit for permanent occupancy by one family, which is surrounded by open space or yards on 90 Pittsylvania County Zoning Ordinance Update June 8, 2023 Pertinent Definitions for Review – Worksession #5 Draft - Pertinent Definitions for Review | 4 of 15 all sides, is located on its own individual lot, and which is not attached to any other dwelling by any means. Dwelling, Two-Family. Also referred to as a duplex; means a structure arranged or designed to be occupied by two families, the structure having only two dwelling units, each unit being on a separate lot. Such dwelling units share at least one common wall that separates living space (i.e., living room, kitchen, bedroom, bathroom, etc.). Dwelling, Townhouse. A row of three or more dwelling units, each separated from one another by a continuous vertical wall without opening from basement floor to roof between units, which is commonly known as a firewall, and each on a separate parcel. Family Health Care Structure, Temporary. As required by and pursuant to all conditions set forth in the Code of Virginia §15.2-2292.1, a transportable residential structure, providing an environment facilitating a caregiver’s provision of care for a mentally or physically impaired person, that (i) is primarily assembled at a location other than its site of installation; (ii) is limited to one occupant who shall be the mentally or physically impaired person, or in the case of a married couple, two occupants, one of whom is a mentally or physically impaired person and the other requires assistance with one or more activities of daily living as defined in §63.2-2200, as certified in writing by a physician licensed in the Commonwealth; (iii) has no more than 300 gross square feet; and (iv) complies with applicable provisions of the Industrialized Building Safety Law (§36-70 et seq.). Group Home. As provided by Code of Virginia § 15.2-2291, a licensed residential facility in which no more than eight mentally ill, intellectually disabled, or developmentally disabled persons or no more than eight aged, infirmed or disabled persons reside, with one or more resident counselors or other resident or nonresident staff persons, shall be considered a residential occupancy by a single family. Mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in the Code of Virginia §54.1-3401. Such facility shall be licensed by the Commonwealth of Virginia Department of Behavioral Health and Development Services (Code of Virginia §15.2-2291). Halfway House. An establishment providing accommodations, supervision, rehabilitation, counseling, and other guidance services to persons suffering from alcohol or drug addiction, to persons re-entering society after being released from a correctional facility or other institution, or to persons suffering from similar disorders. This use is separate from Shelter, residential as defined in this ordinance. Home Occupation, Class A.3 An accessory use of a dwelling unit for gainful employment involving the provision of goods and/or services in which no person other than persons residing on the premises is engaged in such occupation. Home Occupation, Class B.4 An accessory use of a dwelling unit for gainful employment involving the provision of goods and/or services in which not more than two (2) employees other than persons residing on the premises are engaged in the occupation. Such occupation may require the use of accessory structures. 3 Editor’s Note: Included in the current Zoning Ordinance; modified slightly for clarity. 4 Editor’s Note: Included in the current Zoning Ordinance; modified slightly for clarity. 91 Pittsylvania County Zoning Ordinance Update June 8, 2023 Pertinent Definitions for Review – Worksession #5 Draft - Pertinent Definitions for Review | 5 of 15 Life Care Facility. A residential facility primarily for the continuing care of the elderly, providing for transitional housing progressing from independent living in various dwelling units, with or without kitchen facilities, and culminating in nursing home type care where all related uses are located on the same lot. Such facility may include other services integral to the personal and therapeutic care of the residents. Manufactured Home Park. An area designed, constructed, equipped, operated and maintained for the purpose of providing spaces for two or more manufactured homes intended for use as occupied dwelling units and meeting or exceeding all applicable requirements for manufactured home parks as stipulated by the County of Pittsylvania and the Commonwealth of Virginia. Shelter, Residential. A facility providing temporary housing and feeding for one or more individuals who are otherwise temporarily or permanently homeless. Ancillary community support services may be provided including, but not limited to, child care, counseling, food distribution, or vocational training. Short-Term Rental. An accessory residential use providing transient lodging and rooms for dining and meetings for use by guests provided that the dining and meeting rooms are subordinate to the short- term use. A short-term use may offer no more than five guest rooms for lodging. This use type does not apply to month-to-month extensions following completion of a year’s lease. Guest or transient. A person who occupies a short-term rental unit. Primary resident (or host). The owner of the short-term rental unit, or lessee of the short-term rental unit with a lease agreement that is one year or greater in length, who occupies the property as his or her principal place of residence and domicile. In determining compliance with these regulations, the host has the burden of demonstrating that the dwelling unit is his or her primary residence. Residential dwelling unit. A residence where one or more persons maintain a household. Public, Civic, and Recreational Use Terms Airport, Public. An area of land or water designated for the landing and take-off of aircraft for public use, and any appurtenant areas designated for related buildings, rights-of-way, or approach zones. Amateur Radio Tower. Amateur radio antennas means a freestanding or building mounted structure, including any base, tower or pole, and appurtenances, intended for airway communication purposes by a person holding a valid amateur radio (HAM) license issued by the Federal Communications Commission. Camp. A lot, tract or parcel of land operated as a commercial or noncommercial enterprise in which seasonal facilities are provided for all or any of the following: camping, picnicking, boating, fishing, swimming, outdoor games and sports and activities incidental and relating to the foregoing, including tents or similar rustic structures (excluding recreational vehicles and manufactured homes) for recreational or educational purposes. 92 Pittsylvania County Zoning Ordinance Update June 8, 2023 Pertinent Definitions for Review – Worksession #5 Draft - Pertinent Definitions for Review | 6 of 15 Campground. An area that provides recreational opportunities on a daily or overnight basis, upon which are located sites for one (1) or more travel trailers, camping trailers, pickup truck campers, motor homes, tents, or other recreational vehicle for seasonal or temporary recreational occupancy. This term includes short-term rental of outdoor sites such as those on HipCamp and similar rentals. Campground, primitive. An undeveloped lot or parcel of land operated without electrical utilities (public or private), or a man-made water supply, the primary use being camping with a tent or without shelter. Recreational vehicles are prohibited. Cemetery. Any land or structure used or intended to be used for the interment of human remains. Additionally, a cemetery includes mausoleums, columbaria, chapels, administrative offices, and maintenance and storage areas (Code of Virginia § 15.2-2288.5). The sprinkling of ashes or their burial in a biodegradable container on church grounds or their placement in a columbarium on church property shall not constitute the creation of a cemetery. Club. A use providing educational, meeting, or social facilities for civic or social clubs, fraternal/sororal organization, and similar organizations and associations, primarily for use by members and guests. Recreational facilities, unless otherwise specifically cited in this section, may be provided for members and guests as an accessory use. A Club does not include a building in which members reside. Community Center. A use providing for the public display, performance, or enjoyment of heritage, history, or the arts. This use includes but is not limited to: museums, cultural centers, or interpretive sites, but does not include commercially-operated theatres. Conservation Area. An area in which the renewable resources of soil, water, wildlife, and forest are protected and managed in accordance with principles that assure their optimum economic and social enjoyment. Educational Facility, College, University, Business, or Trade. An educational institution authorized by the Commonwealth of Virginia toward certificate, license, associate, baccalaureate or higher degrees, and facilities associated with it. This term includes academic buildings, administrative facilities, dormitories, special housing, parking areas, dining halls and other physical plants associated with the college, university, business or trade school use. Educational Facility, Primary or Secondary. A public, private, or parochial school offering instruction at the primary, elementary, junior, and/or senior high school levels in the branches of learning and study required to be taught in the public schools of the Commonwealth of Virginia. Park. Publicly owned and operated gardens, parks, picnic areas, playgrounds, indoor/outdoor athletic or recreation facilities, indoor/outdoor shelters, open spaces, and other similar uses. This use shall not include Public Use as defined in this Ordinance. Public Use. Use of land, exclusively for public purposes, by any department or branch of the federal government, Commonwealth or any political subdivision, public authority, or any combination thereof including, but not limited to emergency services, libraries, or offices owned, operated, or receiving a majority of the use's operating budget from local, state or federal agencies. This use shall not include Park or Recreational Facility, Public. 93 Pittsylvania County Zoning Ordinance Update June 8, 2023 Pertinent Definitions for Review – Worksession #5 Draft - Pertinent Definitions for Review | 7 of 15 Recreational Facility, Private. A recreational use specifically for the residents and guests of a particular residential development, planned unit development, or residential neighborhood, including indoor and outdoor facilities. Recreational Facility, Public. A recreational use owned and operated by a public authority for general public use, including but not limited to active or passive recreation facilities, outdoor shelters, picnic areas, playgrounds, swimming pools, and sports fields. These uses may charge a fee but not for commercial gain. Religious Assembly. A building or space primarily used for an assembly of persons to conduct worship or other religious ceremonies, including, but not limited to, churches, synagogues, temples, mosques or shrines. Shelter, Animal. A facility used to house or contain stray, homeless, abandoned, or unwanted animals and that is owned, operated, or maintained by a public body, an established humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals. Telecommunications Facility. Any unstaffed facility for the transmission and/or reception of radio, television, radar, cellular telephone, personal paging device, specialized mobile radio (SMR), and similar services. A broadcasting or communication tower usually consists of an equipment shelter or cabinet, a support tower or other structure used to achieve the necessary elevation, and the transmission or reception devices or antenna. Excluded are amateur radio antennas, which are defined separately. Also excluded are wireless communication antennas which fit the definition of Small cell facility and “Administrative review-eligible project” as defined in the Code of Virginia §15.2-2316.6 and supplied as Utility Service, Minor by this Ordinance. Telecommunications Facility, Small Cell. A wireless facility that meets both of the following qualifications: (i) each antenna is located inside an enclosure of no more than six cubic feet in volume, or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than six cubic feet and (ii) all other wireless equipment associated with the facility has a cumulative volume of no more than 28 cubic feet, or such higher limit as is established by the Federal Communications Commission. The following types of associated equipment are not included in the calculation of equipment volume: electric meter, concealment, telecommunications demarcation boxes, back-up power systems, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services (Code of Virginia §15.2-2316.4). Utility Service, Major. Service of a regional nature which normally entails the construction of new buildings or structures, such as electrical switching facilities and stations or substations; community wastewater treatment plants; water towers; transmission lines and related towers; gas or oil transmission lines, pumping stations and appurtenances; unmanned telephone exchange centers, micro-wave and radio-wave transmission and relay towers, substations and appurtenances; but excluding personal wireless service facilities and similar facilities. 94 Pittsylvania County Zoning Ordinance Update June 8, 2023 Pertinent Definitions for Review – Worksession #5 Draft - Pertinent Definitions for Review | 8 of 15 Utility Service, Minor. A service that is necessary to support development within the immediate vicinity and involve only minor structures. Included in this use are transformers, relay and booster devices, and well, water and sewer lines, pump stations, and appurtenances. Wildlife Preserve. Publicly or privately owned land used for the preservation of terrestrial or aquatic species of animals, and the sport of aquatic animals. Typical uses include game preserves, wildlife sanctuaries, fisheries, etc. This use does not include outdoor shooting ranges, game preserves for controlled hunting, or any other use that includes the discharging of firearms on-site. Commercial Use Terms Adult Use. Any premise from which minors are excluded and in which features the viewing, retail sale, and/or rental of books, magazines, newspapers, digital media, movie films, devices, or other photographic or written productions. Additionally, any premise from which minors are excluded and operates as a nightclub, bar, restaurant, or similar establishment that regularly features live performances that have a dominant theme or purpose intended to provide sexual stimulation or sexual gratification to such customers, and which is distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities, or specified anatomical areas. Auction House. A structure or building where the public sale of goods or livestock is sold to the highest bidder. Brewery or Distillery, Micro-. An establishment primarily engaged in brewing ale, beer, malt liquors, and nonalcoholic beer, with a capacity of not more than 15,000 barrels per year or primarily engaged in distilling and blending potable liquors, including mixing them with other ingredients, with a capacity of not more than 5,000 gallons of finished product per year. Micro-Brewery or Micro-Distillery may include a restaurant or public tasting room as an accessory use. Car Wash. A structure or portion thereof containing facilities for washing and/or waxing motor vehicles, typically using production-line automated or semiautomated methods for washing, whether or not employing a chain conveyor, blower, steam cleaning or similar mechanical devices operated either by the patron or others. Car washes are a separate use and not treated as an accessory to gasoline stations, automobile service, or other similar uses. Catering Services. An establishment in which food and meals are prepared on premises, and where such food and meals are delivered to another location for public or private entertainment for a fee. Construction Material Sales. Establishment or place of business primarily engaged in retail or wholesale sale, from the premises, of materials used in the construction of buildings or other structures, but this use shall not include automobile or equipment supplies otherwise classified herein. Typical uses include building material stores and home supply establishments. Crematories. A commercial establishment that specializes in the cremation of corpses, including pets. Day Care Center. Any facility operated for the purpose of providing care, protection, and guidance during only part of a twenty-four-hour day. This term includes nursery schools, preschools, day care centers for individuals, including adults, and other similar uses. Excluded are public and private 95 Pittsylvania County Zoning Ordinance Update June 8, 2023 Pertinent Definitions for Review – Worksession #5 Draft - Pertinent Definitions for Review | 9 of 15 educational facilities, family home day care, or any facility offering care to individuals for a full twenty- four-hour period. Electronic Gaming Establishment.5 Accessory or principal businesses where three or more electronic machines, including but not limited to computers and gaming terminals, are utilized to conduct games where cash, coupons, gift cards, or any other items of value are redeemed or distributed and that are not otherwise deemed illegal by state or federal law. This definition does not include arcades, indoor amusement, or operations associated with the official Virginia Lottery System. Event Venue. A business where the primary use is to host events including but not limited to weddings, wedding receptions, galas, birthday parties, family reunions, ordinations, funeral receptions, fundraisers, retirement parties, corporate meetings, conferences, trade shows, speaker luncheon series, sporting events, concerts, auctions, museum exhibits and similar events. An event venue may be indoors or outdoors. Event venues may also be accessory or ancillary uses to other uses, such as, hotels or restaurants. Event venues shall not include government and military services. Farmer’s Market. Retail sale of fresh fruits and vegetables, and other food, crafts and related items, at a facility with spaces occupied by several different temporary tenants on a short term or daily basis; indoor or outdoor; but this term does not include Wayside Stands. Funeral Home. An establishment engaged in undertaking services such as preparing the dead for burial and arranging and managing funerals. Gasoline Station. An establishment with fuel pumps and underground storage tanks that provides gasoline or diesel fuel by individual sale for motor vehicles and equipment. A store for retail sales associated with automobile fuel sales shall be considered a gasoline station. Hospital. Pursuant to § 32.1-123 of the Code of Virginia, any facility licensed in which the primary function is the provision of diagnosis, of treatment, and of medical and nursing services, surgical or nonsurgical, for two or more nonrelated individuals, including hospitals known by varying nomenclature or designation such as children's hospitals, sanatoriums, sanitariums and general, acute, rehabilitation, chronic disease, short-term, long-term, outpatient surgical, and inpatient or outpatient maternity hospitals. Hotel or Motel. An establishment that offers transitory lodging or sleeping accommodations to the public for compensation. Typical uses include hotels, motels, travel lodges, or hostels. This definition does not include Bed and Breakfast or Short-Term Rental as defined by this Chapter. Kennel, Commercial. Any location where raising, grooming, caring for, dog day care services, or boarding of three or more dogs, cats, or other small animals over four months of age for commercial purposes is conducted. Manufactured/Mobile Home Sales. Establishments engaged in the sale or rental of manufactured and modular homes. 5 Editor’s Note: Definition included in current Ordinance. 96 Pittsylvania County Zoning Ordinance Update June 8, 2023 Pertinent Definitions for Review – Worksession #5 Draft - Pertinent Definitions for Review | 10 of 15 Marina. Waterfront establishments designed and intended to be used for mooring and launching of boats; the servicing, repair, or storage of same watercraft; packaged food sales; travel lift services; slip rental; gasoline; and sanitary pump out service. Restaurants may be an accessory/incidental use. Mini Warehouse. A building designed to provide rental storage space in cubicles. Each cubicle shall be enclosed by walls and ceiling and may have a separate entrance for the loading and unloading of stored goods. The conduct of sales, business, or any other activity within the individual storage units, other than storage, shall be prohibited. May also be referred to as "self-storage facility". Office, General. The use of land wherein the primary use is the conduct of a business or profession such as, but not limited to accounting, tax-preparation, lenders and securities brokers, architecture, computer software, or information systems research and development, engineering, insurance, law, management, organization and association offices, psychology, theology, real estate, and travel. Radio and television stations are also included in this use. Retail Sales do not comprise more than an Accessory Use of the primary activity of a General Office. This definition does not include Medical Office as defined by this chapter. Office, Medical/Clinic. The use of a site for facilities which provide diagnoses, minor surgical care and outpatient care on a routine basis, but which does not provide overnight care or serve as a base for an ambulance service. Medical offices are operated by doctors, dentists, or similar practitioners licensed by the Commonwealth of Virginia. Outdoor Sales, Seasonal. Outdoor sales, seasonal means any business or use (primary or accessory) that is conducted primarily out of doors, which may include but not be limited to: retail sales of fruits, vegetables, plants, flowers, Christmas trees, fireworks; and other similar businesses or uses. Personal Services. Establishments or places of business engaged in the provision of frequently or recurrently needed services of a personal nature. Typical uses include beauty and barber shops; grooming of pets; seamstresses, tailors, or shoe repairs; and florists serving individuals and households. Raceway. A participant or spectator facility primarily for the sport of racing machines against one another or against time. Recreation/Amusement, Indoor. An establishment which provides an enclosed building for indoor sports and/or multiple coin operated amusement or entertainment devices or machines. Typical uses include bowling alleys, ice and roller skating rinks, indoor racquet ball, swimming, billiard halls, game rooms, and video arcades. Recreation, Outdoor. Participant or spectator uses, namely sports, conducted in open or partially enclosed or screened facilities. Typical uses include drive-in theaters, driving ranges, miniature golf, swimming pools, and paintball facilities. Recreational Entertainment, Outdoor. Participant or spectator uses conducted in open or partially enclosed or screened facilities. Typical uses include zoos or petting zoos, stadiums, motorized model airplane flying facilities, rodeos, stadiums, and outdoor amusement parks. Recreational Vehicle Storage Facility. An area used for a fee for the storage of recreational vehicles and boats that are not currently being used; may be incidental to a Marina use. 97 Pittsylvania County Zoning Ordinance Update June 8, 2023 Pertinent Definitions for Review – Worksession #5 Draft - Pertinent Definitions for Review | 11 of 15 Restaurants, General. An establishment in which, for compensation, food or beverages are dispensed for consumption on the premises, including, among other establishments, cafes, tearooms, confectionery shops, eat-in delis, and refreshment stands. Excluded from this definition is Restaurant, mobile. Restaurant, Mobile. A readily movable wheeled cart, trailer, or vehicle designed and equipped for the preparing, service, and/or selling of food and operated at temporary locations. This definition shall include food trucks, food trailers, and food carts and shall not apply to those selling in short bursts of 30 minutes or less at a single location and moving to multiple properties through the course of a business day, such vehicles may include, but are not limited to, ice cream trucks. Shooting Range, Outdoor. An outdoor area for shooting clubs and other facilities for the discharge of firearms or other projectiles for the purposes of target practice, skeet and trap shooting, mock war games, or formal competitions, or in return for compensation. Special Event. A temporary event held indoors or outdoors for the purposes of amusement or recreation. Typical uses include circuses, fairs, and festivals. Mobile restaurants or vendors may be an accessory/incidental use. Store, Convenience. Establishments smaller than 3,000 square feet in size and primarily engaged in the provision of frequently or recurrently needed goods for household consumption, such as prepackaged food and beverages, and limited household supplies and hardware. Convenience stores shall not include fuel pumps or the selling of fuel for motor vehicles. Typical uses include neighborhood markets and country stores. Store, Large. An establishment that is greater than 3,000 square feet in size and serves for the display and sale of merchandise at retail. Store, Small. A small-scale (less than 3,000 square feet per business) retail use which offers for sale items of art, crafts, food, or items related to a specific theme, e.g., kitchen wares, jewelry, pet care. This use does not include fuel pumps or the selling of fuel for motor vehicles. Tradesperson Service. Tradesperson service means an establishment or place of business primarily engaged in providing a specific trade service to individuals. Typical uses include plumbing, electricians, and landscapers. This definition does not include vehicle repair or construction material sales as otherwise defined in this ordinance. Truck Stop. Any area of land, with adequate parking, maneuvering and access for at least three (3) combination tractor-trailer vehicles, that may provide for retail sale of diesel fuel and gasoline, restaurant facilities, sleeping quarters and minor repair facilities. Vehicle Repair Service. The repair and/or maintenance of automobiles, noncommercial trucks, motorcycles, motor homes, recreational vehicles, or boats, including the sale, installation, and servicing of equipment and parts. Typical uses include tire sales and installation, wheel and brake shops, oil and lubrication services, and similar repair and service activities where minor repairs and routine maintenance are conducted. Veterinary Hospital. An establishment rendering surgical and medical treatment of animals. Boarding of domestic animals shall only be conducted indoors, on a short-term basis, and shall only be incidental 98 Pittsylvania County Zoning Ordinance Update June 8, 2023 Pertinent Definitions for Review – Worksession #5 Draft - Pertinent Definitions for Review | 12 of 15 to such hospital/clinic use, unless also authorized and approved as a commercial kennel, as defined by this Ordinance. Winery, Micro-. An establishment primarily engaged in the crushing, fermentation, bulk aging/storage, and bottling of grapes that are primarily brought in and not grown on-site, at a capacity of less than 5,000 gallons per year. Micro wineries may include a restaurant or public tasting room as an accessory use. Industrial Use Terms Battery Storage Facility. One or more battery cells for storing electrical energy, stored in a Battery Energy Storage System (“BESS”) with a Battery Management System (“BMS”). Not to include a stand- alone 12-volt car battery or an electric motor vehicle or consumer products. Battery Energy Storage System. A physical container providing secondary containment to battery cells that is equipped with cooling, ventilation, fire suppression, and a Battery Management System. Battery Management System. An electronic regulator that manages a Battery Energy Storage System by monitoring individual battery module voltages and temperatures, container temperature and humidity, off-gassing of combustible gas, fire, ground fault and DC surge, and door access and capable of shutting down the system before operating outside safe parameters. Brewery or Distillery. The use of land, licensed by the Commonwealth, where beer or spirits are manufactured for sale. Breweries have a capacity greater than 15,000 barrels a year and distilleries have a capacity greater than 5,000 gallons a year. Consumption on the premises is permitted as an accessory use (Code of Virginia §15.2-2288.3:1 and §15.2-2288.3:2). Construction Yard. Establishment or place of business primarily engaged in construction activities, including outside storage of materials and equipment. Typical uses are building contractor's yards. Data Center. A facility used primarily for the storage, management, processing, and transmission of digital data, which houses computer and/or network equipment, systems, servers, appliances, and other associated components related to digital data operations. Such facility may also include air handlers, power generators, water cooling and storage facilities, utility substations, and other associated utility infrastructure to support sustained operations at a data center. Hazardous Materials, Manufacturing, Storage and Distribution. The manufacturing, storage and/or sale of any substance that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety of the environment. Junkyard/Salvage Yard. An establishment or place of business that is maintained, operated, or used for storing, keeping, buying, or selling junk or for the maintenance or operation of an automobile graveyard. The term "junkyard" shall include the term "automobile graveyard" as defined in Code of Virginia, § 33.2-804. Laboratory, Research and Development. An establishment whose principal purpose is the research, compounding and/or packaging of scientific products, or research and development of innovative ideas in technology-intensive fields. Examples include research and development of communication systems, 99 Pittsylvania County Zoning Ordinance Update June 8, 2023 Pertinent Definitions for Review – Worksession #5 Draft - Pertinent Definitions for Review | 13 of 15 transportation, geographic information systems, multi-media, and video technology. Development and construction of prototypes and light manufacturing may be associated with this use. Laundry Service, Commercial. Establishments primarily engaged in the provision of laundering, cleaning, or dyeing services other than those classified as Personal Services. Typical uses include bulk laundry and cleaning plants, diaper services, or linen supply services. Manufacturing, Heavy. The processing and/or converting of raw, unfinished material and/or products into articles or substances of a different character or for use for a different purpose. Uses may have significant external effects, such as noise, smoke, particulates, vibration, or odor, or may pose significant risks due to the involvement of explosives, radioactive materials, poisons, pesticides, herbicides, or other hazardous materials in manufacturing or other processes. Uses may include, but are not limited to, paper products, plastic products, and pharmaceuticals. Manufacturing, Light. Establishments primarily engaged in the on-site production of goods including, assembly, packaging or fabrication of materials and products within enclosed structures without significant external effects such as smoke, noise, soot, vibration, odor, and the like. Uses may include, but are not limited to, a machine shop, musical instruments, furniture, medical appliances, tools or hardware, any other product of a similar nature. Retail sales may be incidental to the manufacturing use. Manufacturing, Small-Scale. An establishment where shared or individual tools, equipment, or machinery are used to make products on a small scale, including the design, production, processing, printing, assembly, treatment, testing, repair, and packaging, as well as any incidental storage, retail or wholesale sales and distribution of such products. Typical small-scale production establishments include but are not limited to the making of food products, non-alcoholic beverages, prints, leather products, jewelry and clothing/apparel, arts and crafts, metal work, glass, pottery, or 3-D printing, together with accessory uses such as training or educational programs. Mining; Minerals Extraction and Processing. Mining or minerals extraction and processing means a use involving on-site extraction of surface or subsurface mineral products or natural resources. Typical uses are quarries, borrow pits, sand and gravel operation, mining, soil mining, and other major excavations. Specifically excluded from this use type shall be grading and removal of dirt associated with an approved site plan or subdivision, or excavations associated with, and for the improvement of, a bona fide agricultural use. This term shall not include Oil/Gas Exploration as defined by this Chapter. Oil/Gas Exploration. Any operation or well drilled (i) to find and produce gas, or oil, or other similar materials in an unproven area, (ii) to find a new reservoir in a field previously found to be productive of gas, or oil, or other similar materials in another reservoir, or (iii) to extend the limits of a known gas, or oil, or other similar materials reservoir. Recycling Facility. A facility in which recoverable resources, not to include sludge or municipal solid waste, such as newspapers, magazines, books, and other paper products; glass; metal cans; tires; oil; and other products, are recycled, reprocessed, and treated within an enclosed facility to return such products to a condition in which they may again be used for production. Not to include a junkyard/salvage yard of materials. 100 Pittsylvania County Zoning Ordinance Update June 8, 2023 Pertinent Definitions for Review – Worksession #5 Draft - Pertinent Definitions for Review | 14 of 15 Sawmill or Planing Mill, Permanent. A sawmill or planing mill permanently located for the purpose of processing timber without regard to point of origination. Facilities may include wood processing and wood manufacturing such as, but not limited to, planing, chipping, pallets or other secondary products. Sawmill, Temporary. A portable sawmill or chipping mill located on private property for the processing of timber cut only from that property or from property immediately contiguous and adjacent thereto. Truck/Freight Terminal. An area of land used for the switching, storing, assembling, distributing, consolidating, moving, repairing, weighing, or transferring of freight by either means of road or rail. Railroad uses - such as sidings, tracks, spur tracks, and signals - may be incidental to other operations. Warehousing and Distribution. Uses including storage, warehousing, and dispatching of goods within enclosed structures. Typical uses include wholesale distributors, e-commerce fulfillment centers, storage warehouses, data centers, and moving/storage firm. Incidental fleet vehicle parking and fueling may be provided as an accessory use. Miscellaneous Use Terms Accessory Structure. A building subordinate to and located on the same lot with a main building, the use of which is clearly incidental to that of the main building or to the use of the land, and which is not attached by any part of a common wall or roof to the main building. The term "accessory building" also includes, but is not limited to, portable storage containers, gazebos, carports, private greenhouses, and sheds which may be modular in nature and are delivered to the site and which may or may not have a foundation. Accessory building or structure does not include motorhomes, travel trailers or other recreational vehicles. Boathouse. A structure designed or used for the storage of boats and other aquatic equipment owned and used by the occupants or owners of the residence or residential lot on which the structure is located. Construction Building or Yard, Temporary. A building, structure, or laydown area used temporarily to manage a construction site or for the storage of equipment, materials, and appurtenances. Kennel, private. Any place which is equipped and/or used to house, keep, or otherwise care for, outside of the primary dwelling, 3 or more dogs that are over six-months of age, and for which no compensation is received. All dogs are owned and licensed by a single owner. Mixed-Use Structure. A building containing residential uses in addition to non-residential uses permitted in the zoning district. Mixed use structure should not be confused with a mix of uses each in separate structures in a single development. Outdoor Display. An outdoor arrangement of commercial objects, items, products, or other materials, typically not in a fixed position and capable of rearrangement. Uses can include sidewalk sales, dining, and merchandise displays. Outdoor Storage. The keeping, in other than a building, of any goods, materials, or merchandise on the same parcel for more than twenty-four consecutive hours. 101 Pittsylvania County Zoning Ordinance Update June 8, 2023 Pertinent Definitions for Review – Worksession #5 Draft - Pertinent Definitions for Review | 15 of 15 Parking, Off-Site. Any structure or surface for parking use, which serves a primary use but is not located on the same lot, and provides one or more parking spaces together with driveways, aisles, turning and maneuvering areas, and incorporated landscaped areas. Piers, Private. A waterfront structure, fixed or floating, used for the docking of boats owned and registered by the property owner or a guest visiting the owner, or for recreational uses such as fishing. Piers are typically accessory to a residential structure. Residential Yard Sale. The sale of used residential items which may occur indoors or outdoors on the same parcel as a primary residence for less than twenty-four consecutive hours. Solar Energy Facility, Large-Scale.6 A private solar energy conversion system, for which the primary purpose is to produce power, or off-set power use, for on-site commercial, agricultural, and industrial applications, consisting of photovoltaic panels, support structures, and associated control, conversion, and transmission hardware which has the rated capacity to produce more than 25 kilowatts (kW) of electrical power and which has a total site area of five (5) acres or less. Solar Energy Facility, Small-Scale. A private solar energy conversion system, for which the primary purpose is to produce power, or off-set power use, for on-site commercial, agricultural, and industrial applications, consisting of photovoltaic panels, support structures, and associated control, conversion, and transmission hardware which has the rated capacity to produce not more than 25 kilowatts (kW) of electrical power. Solar Energy Facility, Utility-Scale. An energy conversion system, for which the primary purpose is to produce power for consumption by, or under contract to, a utility provider, consisting of photovoltaic panels, support structures, and associated control, conversion, and transmission hardware which has a total site area of more than five (5) acres. Transportation Services. Passenger services provided by public, private, or nonprofit entities such as the following surface transit modes: bus systems, taxi and limousine services, and other ground services. 6 Editor’s Note: Definitions for all three types of solar energy facilities are included in the current Ordinance and have been slightly modified for clarity. 102 What are Use Performance Standards? The Berkley Group | bgllc.net GUIDE TO USE PERFORMANCE STANDARDS Use performance standards regulate the location, design, and intensity of a use based on the characteristics of an area and potential impacts of the activity. These standards are regulations that apply to uses in addition to the underlying zoning district regulations. Use performance standards are an important tool to help mitigate the impacts of development on nearby properties. Use performance standards can offer a more flexible and consistent approach to development regulations. With additional control over the effects of certain land uses through use performance standards, the range of permitted uses in a particular zoning district may be broadened. Some advantages of use performance standards include: • Ensuring uses are properly suited for an area; • Improving the quality of development; • Reducing potential conflicts between incompatible uses and sites; • Providing clear expectations for developers and the community; and • Giving additional measures of direction when considering use permits. Use performance standards typically include criteria to regulate site development and/or activity. Site-based standards regulate the location, appearance, or design of the site. Activity-based standards regulate the intensity or outputs of the use. Activity-based standards regulate the intensity or outputs of a use, such as: • Daily Vehicle Trip Generation • Services Rendered • Restrictions on Noise, Odor, Dust, or Smoke Site development, or area-based, standards regulate the appearance of a use, such as: • Heights and Setbacks • Landscaping Requirements • Buffering & Screening Requirements Photo: Courtesy of Richmond County, VA Government 103 The Berkley Group | bgllc.net GUIDE TO USE PERFORMANCE STANDARDS Agricultural Uses • Intensive agriculture • Agritourism • Stables, commercial and private Residential Uses • Home occupations • Manufactured home parks • Multifamily dwellings • Short-term rentals • Townhouses Industrial Uses • Industry, heavy or light • Manufacturing • Storage buildings • Warehousing and distribution Business Uses • Adult stores • Automobile repair services • Car washes • Equipment sales/rental • Gasoline stations • Restaurants, general, mobile, and drive-in • Seasonal outdoor sales • Shopping centers Public/Civic/Recreational Uses • Campgrounds • Public Parks and Recreation facilities Miscellaneous Uses • Accessory buildings • Accessory dwelling units • Broadcasting and telecommunication towers • Small cell facilities • Outdoor storage • Solar facilities • Utility services, major or minor Examples of Typical Performance Standards Mobile Restaurants • Requirements for business and health permits • Requirements for distance from active restaurant • Limits on operating hours • Restrictions on sound, light, and signage Automobile Repair Service • Setbacks from residential uses • Minimum required lot size • Limits on exterior storage • Repair in enclosed building only • Maximum allowable square footage • On-site parking required • Restrictions on daily vehicle generation • Limitation for on-site sales Photo: Premier Auto BodyHarrisonburg, VA Photo: CreativeCommons, User: majunznk 104