Sec. 18-1. - Definitions. Adult day health care center" or "ADHC" means a DMAS-enrolled provider that offers a community-based day program providing a variety of health, therapeutic, and social services designed to meet the specialized needs of those elderly and disabled individuals at risk of placement in a nursing facility. The ADHC must be licensed by the Virginia Department of Social Services as an adult day care center (ADC) as defined in 22VAC40-60-10. Agriculture, general, means farming and forestry, including tilling the soil, raising of crops, truck gardens, field crops, orchards or nurseries for growing or propagation and harvesting of plants, turf, trees and shrubs and in general uses commonly classed as general agriculture, including use of heavy cultivating and tree harvesting machinery, spray planes and irrigating machinery, and the raising of livestock, including aquaculture, but not intensive agriculture as herein defined and not commercial slaughtering or processing of animals or poultry. (GS 3.2-303) Agritourism activity means any activity carried out on a farm or ranch 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. An activity is an agritourism activity whether or not the participant paid to participate in the activity. Brewery means breweries that manufacture no more than 15,000 barrels of beer per calendar year, provided (i) the brewery is located on a farm in the Commonwealth on land zoned agricultural and owned or leased by such brewery or its owner and (ii) agricultural products, including barley, other grains, hops, or fruit, used by such brewery in the manufacture of its beer are grown on the farm. The licensed premises shall be limited to the portion of the farm on which agricultural products, including barley, other grains, hops, or fruit, used by such brewery in the manufacture of its beer are grown and that is contiguous to the premises of such brewery where the beer is manufactured, exclusive of any residence and the curtilage thereof. Family means one (1) or more persons occupying a premises and living in a single dwelling unit, as distinguished from an unrelated group occupying a boardinghouse, lodging house, tourist home or hotel a group of not more than four (4) persons not related by blood, marriage, adoption, guardianship or not living in an approved foster care program, living together as a single household in a dwelling unit. This definition includes a residential facility in which no more than eight individuals with mental illness, intellectual disability, or developmental disabilities reside, with one or more resident or nonresident staff persons, as a single family. This definition also includes a residential facility in which no more than eight aged, infirm or disabled persons reside, with one or more resident counselors or other staff persons, as a single family. (GS 15.2-2291) Farmers market means a year-round or seasonal open air or permanent facility, marketing itself as a farmers market, where multiple farmers come to sell their products to the consumer. (24VAC30-551-10) Lodge means a building used by an organization operating for one or more social, intellectual, educational, charitable, benevolent, moral, fraternal, patriotic or religious purposes for the benefit of its members, which may also be extended to others. For purposes of zoning, a lodge shall include assembly and other related uses, but no overnight accommodations. 1
Manufactured home park means a parcel of land under single or common ownership upon which ten or more manufactured homes are located on a continual, nonrecreational basis together with any structure, equipment, road or facility intended for use incidental to the occupancy of the manufactured homes, but shall not include premises used solely for storage or display of uninhabited manufactured homes, or premises occupied solely by a landowner and members of his family. Manufactured home subdivision means the division of any tract of land into two (2) or more parcels to be developed with manufactured homes on individual parcels, with incidental accessory uses including recreational areas. Mentally or physically impaired person means a person who is a resident of Virginia and who requires assistance with two or more activities of daily living, as defined by GS 63.2-2200, as certified in writing provided by a physician licensed by the Commonwealth. Mixed use development means property that incorporates two or more different uses, and may include a variety of housing types, within a single development. Planned unit development means a form of development characterized by unified site design for a variety of housing types and densities, clustering of buildings, common open space, and a mix of building types and land uses in which project planning and density calculation are performed for the entire development rather than on an individual lot basis. Renewable energy means energy derived from sunlight, wind, falling water, biomass, sustainable or otherwise, (the definitions of which shall be liberally construed), energy from waste, landfill gas, municipal solid waste, wave motion, tides, and geothermal power, and does not include energy derived from coal, oil, natural gas, or nuclear power. Renewable energy shall also include the proportion of the thermal or electric energy from a facility that results from the co-firing of biomass. Restaurant means any place where food is prepared for service to the public on or off the premises, or any place where food is served. Examples of such places include but are not limited to lunchrooms, short order places, cafeterias, coffee shops, cafes, taverns, delicatessens, dining accommodations of public or private clubs, kitchen facilities of hospitals and nursing homes, dining accommodations of public and private schools and colleges, and kitchen areas of local correctional facilities subject to standards adopted under 53.1-68. "Restaurant" shall not include (i) places where packaged or canned foods are manufactured and then distributed to grocery stores or other similar food retailers for sale to the public, (ii) mobile points of service to the general public that are outdoors, or (iii) mobile points of service where such service and consumption occur in a private residence or in any location that is not a public place. "Restaurant" shall include any bar or lounge area that is part of such restaurant. Temporary family health care structure means 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 2
mentally or physically impaired person, and the other requires assistance with one or more activities of daily living as defined in GS63.2-2200, 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 and the Uniform Statewide Building Code. Placing the temporary family health care structure on a permanent foundation shall not be required or permitted. Winery means the manufacturing, bottling, and sale of products grown and harvested from a vineyard or orchard the usual and customary activities and events at farm wineries, production and harvesting of fruit and other agricultural products and the manufacturing of wine, the onpremises sale, tasting, or consumption of wine during regular business hours within the normal course of business of the licensed farm winery, the direct sale and shipment of wine by common carriers, the sale and shipment of wine to the Alcoholic Beverage Control Board, licensed wholesalers and out-of-state purchasers, the storage, warehousing, and wholesaling of wine, and the sale of wine-related items that are incidental to the sale of wine. Sec. 18-37. - Permitted uses. In an agricultural district A-l, structures to be erected or land to be used shall be for one (1) or more of the following uses: (12.1) Agritourism activities, including but not limited to seasonal activities such as corn mazes, pick-your-own farms, petting farms, fishing ponds, wineries, breweries (23.1) Farmers market (25) Fish farming with a conditional use permit (41.5) Commercial renewable energy generation including wind and solar, as a primary use, with a conditional use permit (49) Accessory buildings and uses, including but not limited to accessory private garages, accessory farm buildings and other structures, servants or caretakers quarters, temporary family health care structures, as prescribed by GS 15.2-2292.1, guest houses or one accessory dwelling unit limited to 30% of the area of the principal residence or 800 square feet, whichever is less, renewable energy generation for personal on-site use, Sec. 18-53. - Permitted uses. In the recreational residential district, RCR, structures to be erected or land to be used shall be for one (1) or more of the following uses: (16) Accessory buildings and uses, including but not limited to accessory private garages, accessory farm buildings and other structures, servants or caretakers quarters, temporary family health care structures, as prescribed by GS 15.2-2292.1, guest houses, boathouses, swimming pools, accessory storage and accessory off-street parking and loading spaces, renewable energy production for personal on-site use 3
Sec. 18-72. - Permitted uses. In the agricultural A-2 district, structures to be erected or land to be used shall be for one (1) or more of the following uses (35) Accessory buildings and uses, including but not limited to accessory private garages, accessory farm buildings and other structures, servants or caretakers quarters, guest houses, swimming pools, temporary family health care structures, as prescribed by GS 15.2-2292.1, or one accessory dwelling unit limited to 30% of the area of the principal residence or 800 square feet, whichever is less, renewable energy generation for personal on-site use, accessory storage and accessory off-street parking and loading spaces : Sec. 18-127. - Permitted uses. In a residential district R-1, structures to be erected or land to be used shall be for one (1) or more of the following uses: (11) Nursery schools, kindergartens, child care centers, day nursery, or child day care centers, or adult day health care center with a conditional use permit. (19) Accessory buildings and uses, including but not limited to accessory private garages and other structures, swimming pools, temporary family health care structures, as prescribed by GS 15.2-2292.1, guest houses or one accessory dwelling unit limited to 30% of the area of the principal residence or 800 square feet, whichever is less, renewable energy generation for personal on-site use, Sec. 18-157. - Permitted uses. In a residential district R-2, structures to be erected or land to be used shall be for one (1) or more of the following uses: (16) Nursery schools, kindergartens, child care centers, day nursery, or child day care centers, or adult day health care center with a conditional use permit. (24) Accessory buildings and uses, including but not limited to accessory private garages and other structures, swimming pools, temporary family health care structures, as prescribed by GS 15.2-2292.1, accessory storage and accessory off-street parking and loading spaces, renewable energy generation for personal on-site use Sec. 18-177. - Permitted uses. In a Rural Residential District, RR, structures to be erected or land to be used shall be for one (1) or more of the following uses: (20) Accessory buildings and uses, including but not limited to accessory private garages and other structures, swimming pools, temporary family health care structures, as prescribed by GS 15.2-2292.1, guest houses or one accessory dwelling unit limited to 30% of the area of the principal residence or 800 square feet, whichever is less, renewable energy generation for personal on-site use, 4
Sec. 18-192. - Permitted uses. In business district B-1, structures to be erected or land to be used shall be for one (1) or more of the following uses: (10.1) Farmers market (21) Nursery schools, kindergartens, child care centers, day nurseries, or child day care centers, or adult day health care center. Sec. 18-282. - Permitted uses. In industrial district M-1, any structure to be erected or land to be used shall be for one (1) or more of the following uses: (51.1) Commercial renewable energy generation including wind and solar, with conditional use permit. Sec. 18-347. - Permitted uses. In the M-3 industrial district, buildings to be erected or land to be used shall be for one or more of the following uses: (16.1) Commercial renewable energy generation including wind and solar, with conditional use permit. Sec. 18-421. Maximum off-street parking requirements. If circumstances justify an increase in the number of parking spaces from the maximum spaces set forth, the zoning administrator may, at their sole discretion and upon written request including justification, grant an increase of up to 10%. Any increase over the maximum permitted may not cause an increase in the size of the required stormwater management facility. (1) Single-family or two-family dwelling 1 2 per dwelling unit in neighborhoods developed with lots less than 10,000 square feet in area, not counting spaces within garage (2) Townhouse 2 per dwelling unit plus one visitor space per three townhouse units Multiple-family dwelling, three or more dwelling units: 5
a. Apartments for the elderly 0.5 per dwelling unit plus one visitor space per three units b. Efficiency apartments 1 per dwelling unit plus one visitor space per three units c. One or more bedroom apartments 1.5 per dwelling unit plus one visitor space per three units Use or Use Category Off-Street Parking Spaces Required d. Roomers 1 for each roomer (7) Private club without sleeping rooms 1 per 5 6 members or 1 for each 400 square feet of floor area, whichever is greater (8) Public library, museum, art gallery or community center 10 per use plus 1 additional space for each 300 square feet of floor area in excess of 1,000 square feet 1 space for each 300 square feet gross floor area, minimum of 8 (10) Sanitarium, convalescent home, home for the aged, or similar institution 1 per 3 4 patient beds plus 1 per staff on largest shift (11) Motel, motor hotel, motor lodge, hotel, or tourist court 5 spaces plus 1 per sleeping room or suite 1 per room or suite plus one per 350 square feet of meeting room or food service area (12) Rooming, boarding, or lodging house, bed and breakfast establishment 1 per sleeping room plus those required for residence 6
(13) Hospital 2 per patient bed 1per 4 beds plus one per staff on largest shift (14) Hospital, veterinary 1 per 400 square feet of floor area; 4 spaces minimum 2 per treatment room, no less than 5 (15) Office or office building (other than medical), post office, studio 1 per 400 300 square feet of floor area, 3 spaces minimum (16) Medical offices or clinic 1 per 200 square feet of floor area; 10 spaces minimum for a clinic 2 per exam room plus 1 per staff on largest shift (17) Funeral home 1 per 50 square feet of floor area excluding storage and work area, 30 spaces minimum 1 per 4 seats in main chapel or parlor plus one for each vehicle used in connection with business (20) Retail store or personal service establishment and banks 1 per 200 square feet of floor area; retail food stores over 4,000 square feet: 1 per 100 square feet of floor area; banks, 1 per 300 square feet of floor area plus sufficient area for 8 stacking spaces for first drive-in window and 2 for each additional drive-in window if applicable (21) Shopping center 5 per 1,000 square feet gross leasable area 2.5 per 1,000 square feet gross leasable floor area (22) Automobile service station 3 2 for each service bay plus 1 per 200 square feet gross sales area (23) Furniture or appliance store, machinery, equipment, manufactured home and automobile and boat sales and service 1 per 300 500 square feet of floor area; 2 spaces minimum. Automobile sales and service, 10 minimum 1 per 500 square feet enclosed sale/rental floor area plus 1 per 2,500 square feet open sales/rental display lot plus 2 per service bay plus 1 per staff on largest shift 7
(25) Bowling alley 5 3 per lane (28) Self service storage, miniwarehouse 1 per employee plus 1 for each 5 storage areas 1 per 20 cubicles plus 2 for manager s office (29) Amusement place, dance hall, skating rink, swimming pool or exhibition hall, without fixed seats 1 per 100 square feet of floor area. Does not apply to accessory uses. Swimming pool, 1 per 7 persons lawfully permitted in pool at one time plus 1 per staff on largest shift (b) Interpretation of specific requirements. (8) In the case of mixed uses, uses with different parking requirements occupying the same building or premises, or in the case of joint use of a building or premises by more than one (1) use having the same parking requirements, the parking spaces required shall equal the sum of the requirements of the various uses computed separately may be reduced by thirty (30) percent from the sum of the requirements of the various uses computed separately. (d) Design standards. The design standards of this paragraph (d) shall not apply to race tracks with a design capacity of less than ten thousand (10,000) seats. (2) Entrances and exits. Location and design of entrances and exits shall be in accord with the requirements of applicable regulations and standards, including those of the state department of transportation. In general, there shall not be more than one (1) entrance and one (1) exit, or one (1) combined entrance and exit, along any one (1) street and exits and entrances shall not be located within fifty (50) feet of a street intersection or be greater than fifty (50) feet in width. Shared driveways shall be encouraged for all new development and redevelopment. Access roads may be required along major thoroughfares. Landscaping, curbing, or approved barriers shall be provided along lot boundaries to control entrance and exit of vehicles or pedestrians. (3) Drainage and maintenance. Off-street parking facilities shall be drained to eliminate standing water and prevent damage to abutting property and/or public streets and alleys and shall be paved in accordance with an approved plan or in accordance with applicable county specifications. Off-street parking areas, including required parking lot lighting, shall be maintained in a clean, orderly and dust-free condition and in good repair at the expense of the owner or lessee. (5) Design in general. All parking lots shall be arranged for functional efficiency and convenience and in general shall be designed to present a pleasing appearance so as to reduce adverse impact on surrounding public or private property through the use of 8
landscaping or other screening, depending on site conditions and location. Required handicapped parking spaces must be paved with a hard all-weather surface such as concrete or asphalt. Handicapped spaces shall not be paved with gravel or rock. Sec. 18-578. - Requirements for site plans, content and form. (10) The general location of proposed lots, setback lines and easements and proposed reservations for parks, parkways, playgrounds, school sites, mail delivery facilities as required by the United States Postal Service, and open spaces. (16) Particular emphasis shall be placed upon the review as appropriate of on-site aesthetics, public safety features, environmental, historic, and vegetative preservation, efficient layout of buildings, parking areas, off-street loading, and movement of people, goods, and vehicles (including emergency vehicles) from access roads within the site, between buildings and vehicles. Vehicular access to the site shall be designed to aid overall traffic flow and to permit vehicles safe ingress and egress. 9