[Ord. No. 11-15(R), 11-16-2011; Ord. No. 14-2, 2-4-2014; Ord. No. 14-20(R), 10-21-2014]
(a)
The minimum area of any parcel proposed for the keeping of horses
or other livestock accessory and incidental to a single-family detached
residence, or for a commercial horse stable, shall be two usable acres.
In determining usable acreage, the following portions of the property
shall be excluded from the minimum usable acreage calculation:
(1)
The area occupied by any residential structures;
(2)
The area of required front or side yards associated with the
residence;
(3)
Any area with an elevation less than two feet above mean sea
level;
(4)
The area encompassed by a twenty-five-foot wide buffer on the
landward/upland side of the two-foot contour;
(b)
The maximum number of horses or other livestock permitted as an accessory and incidental use on a residential property shall be one per each usable acre of land as defined in Subsection (a) above. In the case of commercial stables, the maximum number of horses permitted shall be two per usable acre of land or such fewer number as the Board of Supervisors may deem appropriate given the characteristics of the subject property and the surrounding area.
(c)
Horses or other livestock shall not be stabled, pastured, or
otherwise kept within 1,000 feet of a drinking water reservoir unless
it can be proven to the satisfaction of the health department and
the zoning administrator that any runoff will be away from the reservoir
and that public health will not be negatively impacted. In such cases,
a 200-foot buffer must be maintained. This shall not be interpreted
to preclude the riding of horses or establishment of bridle trails
closer than the specified distance provided that the health department
and owner of the reservoir approve.
The owner shall provide the County with a soil conservation
and management plan prepared by a qualified professional which shall
include:
(1)
A nutrient management plan for the proper storage and application
of animal waste;
(2)
An erosion control plan to ensure the integrity of the slopes;
and
(3)
A best management practices program for controlling and treating
surface runoff.
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In determining consistency with this condition, the zoning administrator
may require that the above plans be reviewed and approved by the Virginia
Cooperative Extension Service and the U.S. Department of Agriculture
- Soil Conservation Service.
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(d)
The keeping of horses or other livestock as an accessory use
on residential property shall be solely for the recreational purposes
of the family living on the premises. Boarding of horses or other
livestock owned by others is prohibited.
(e)
All horses and other livestock shall be kept in pens or other
enclosures designed and maintained for secure confinement.
(f)
The Board of Supervisors may impose such additional conditions,
including special requirements for setbacks of pastures and requirements
for drainage control, as deemed necessary to promote the public interest
and welfare and ensure that such use will not be detrimental to the
character of the neighborhood.
[Ord. No. 11-15(R), 11-16-2011; Ord. No. 14-12, 6-17-2014; Ord. No. 14-20(R), 10-21-2014; Ord. No. 17-12, 9-19-2017]
Keeping and housing domestic chickens as an accessory activity
on residentially-zoned and occupied property in the R33, R20, R13
and WCI Districts, and as an accessory activity on properties less
than two usable acres in area in the RC and RR Districts, shall be
permitted in accordance with the following terms and conditions. These
provisions shall not be construed to allow the keeping of game birds,
ducks, geese, pheasants, guinea fowl, or similar fowl/poultry.
(a)
Chickens allowed pursuant to this section shall be kept and
raised primarily for the benefit and enjoyment of the occupants of
the property. However, nothing in this section shall be construed
to prohibit the sharing of eggs with friends or neighbors or the sale
of eggs, either on or off the premises.
(b)
The maximum number of chickens permitted on a residential lot
shall be one hen per 2,500 square feet of lot area, not to exceed
a maximum of 16 hens.
(c)
No chickens shall be allowed on townhouse, duplex, condominium,
apartment or manufactured housing park properties.
(d)
No roosters shall be allowed.
(e)
Pens, coops, or cages shall not be located in any front or side
yard area.
(f)
All pens, coops, or cages shall be situated at least 10 feet
from adjoining property lines and 25 feet from any dwelling located
on a property not owned by the applicant. Pens, coops, or cages shall
not be located in a storm drainage area that would allow fecal matter
to enter any storm drainage system or stream.
(g)
All chickens shall be provided with a covered, predator-proof
shelter that is thoroughly ventilated, provides adequate sun and shade
and protection from the elements, is designed to be easily accessed
and cleaned. Such structures shall be enclosed on all sides and shall
have a roof and at least one access door. Coops shall provide adequate
space for free movement and a healthy environment for birds.
(h)
All pens, coops, or cages shall be kept in a neat and sanitary
condition at all times, and must be cleaned on a regular basis so
as to prevent odors perceptible at the property boundaries. All feed
for the chickens shall be kept in a secure container or location to
prevent the attraction of rodents and other animals.
(i)
No person shall store, stockpile or permit any accumulation
of chicken litter and waste in any manner whatsoever that, due to
odor, attraction of flies or other pests, or for any other reason
diminishes the rights of adjacent property owners to enjoy reasonable
use of their property.
(j)
In the case of proposals for accessory backyard chicken-keeping
in the RC, RR, R33, R20, R13 and WCI Districts, the property owner
must file an application with the Division of Development Services,
on such forms as the Division provides. Such application shall be
accompanied by a $15 processing fee. The application shall include
a sketch showing the area where the chickens will be housed and the
types and size of enclosures in which the chickens shall be housed.
The sketch must show all dimensions and setbacks. Upon review and
determination that the proposed chicken-keeping complies with the
standards set forth above, the Division of Development and Compliance
shall issue a permit to document that the proposed activity has been
reviewed and is authorized pursuant to the terms of this chapter.
Accessory residential chicken-keeping operations shall be subject
to periodic inspection to assure compliance with the performance standards
established in this section.
[Ord. No. 14-20(R), 10-21-2014; Ord. No. 17-12, 9-19-2017]
(a)
Notwithstanding the minimum area requirements stated elsewhere
in this chapter for any zoning classification, the minimum area of
any parcel proposed for an agricultural use involving livestock, as
defined in § 24.1-1-104, shall be two usable acres. In determining
usable acreage, the following portions of the property shall be excluded
from the minimum usable acreage calculation:
(1)
The area occupied by any residential structure;
(2)
The area of required front or side yards associated with the
residence;
(3)
Any area with an elevation less than two feet above mean sea
level;
(4)
The area encompassed by a twenty-five-foot wide buffer on the
landward/upland side of the two-foot contour;
(b)
Any open-air pen, fenced area, or other confinement area for
livestock in which the available space is less than 200 square feet
per animal shall be located at least 100 feet from the property line
of any adjoining parcel on which a residential dwelling unit exists,
is under construction, or would be permitted pursuant to its existing
zoning classification. In no event shall any pen or confinement area,
regardless of its size/area and the number of animals confined, be
located less than 25 feet from any perimeter property line. In addition,
the following standards shall be observed:
(1)
Any structure or fenced area used to confine swine shall be
located at least 500 feet from any dwelling not located on the premises
and at least 300 feet from any property line.
(2)
Any structure or pen used for raising more than 16 chickens
shall be located at least 200 feet from any dwelling not located on
the premises and at least 100 feet from any property line.
(c)
Fencing around livestock pasture areas shall be set back at
least 25 feet from any perimeter property line that abuts a parcel
less than two acres in area.
(e)
All such operations shall be conducted in accordance with all
existing and applicable best management practices approved by the
Virginia Soil and Water Conservation Board with the objective of preventing
pollution of, or change in the condition of, the waters of any stream
or other water body or which results in drainage or stormwater discharges
of a quantity or quality detrimental to adjoining properties.
(f)
Notwithstanding the foregoing requirements, horsekeeping accessory
to a residential use, commercial stables, and domestic chicken-keeping
accessory to a residential use, shall be permitted pursuant to the
standards set forth in §§ 24.1-414 and 24.1-414.1 of
this chapter.
[Ord. No. 14-20(R), 10-21-2014]
When proposed to be established as the principal use of a property
in non-commercial zoning districts where commercial aquaculture and
the associated docking of workboats and off-loading seafood is permitted
pursuant to the listings in § 24.1-306, Table of Land Uses,
the following standards and requirements shall apply:
(a)
Notwithstanding the minimum area requirements stated elsewhere
in this chapter for any zoning classification, the minimum area of
any parcel proposed to be used for commercial aquaculture shall be
two usable acres. In determining usable acreage, the following portions
of the property shall be excluded from the minimum usable acreage
calculation:
(1)
The area occupied by any residential structure;
(2)
The area of required front or side yards associated with the
residence;
(3)
Any area with an elevation less than two feet above mean sea
level;
(4)
The area encompassed by a twenty-five-foot wide buffer on the
landward/upland side of the two-foot contour;
(b)
Any parcel used for this purpose shall have a minimum width
of 100 feet at the shoreline, measured between the two points where
the side lot lines intersect the mean low water line.
(c)
The docking of workboats and loading or off-loading activities
associated with an aquaculture operation shall not be permitted within
100 feet of any residential structure located on an abutting property
owned or occupied by a person other than the owner of the property
on which the aquaculture operation is being conducted. In no event
shall any workboat docking or aquaculture activity be conducted within
25 feet of any abutting property. The number of workboats used in
the operation and docked at the property's pier shall not exceed the
capacity of the pier to accommodate them without need for rafting.
(d)
Outdoor storage of goods, equipment, or materials (other than
the workboat itself) shall be limited to a total of 1,000 square feet
and shall not be located in any front or side yard, or within 25 feet
of any property line. Any equipment or storage located on the property
shall be screened from view from all public streets and adjacent properties
by a landscaped buffer area supplemented, if determined necessary
by the zoning administrator, by masonry or wooden fencing material.
A twenty-five-foot wide landscaped buffer strip, landscaped in accordance
with the Type 25 landscaping requirements set forth in § 24.1-243
of the Zoning Ordinance shall be provided along any property line
that abuts a property on which a residence exists or could be constructed.
(e)
Sludge, shells, or any other waste materials generated in the
conduct of the aquaculture operation shall not be stored, stockpiled,
or permitted to accumulate within 25 feet of any property line, within
100 feet of any residential structure located on an adjoining parcel,
or, regardless of location, in any manner that is not consistent with
best management practices for minimizing odor and the attraction of
flies or other pests.
(f)
All federal, state and local requirements for docking facilities
shall be met and the necessary permits obtained prior to the issuance
of a building permit for docks, piers, or boat houses.
(g)
No overnight outdoor storage of seafood waste shall be permitted
on the property. The term "sea-food waste" does not include clean
oyster shells.
(h)
Any outdoor or security lighting shall be shielded so that glare
is not directed onto adjacent property.
(i)
The number of workboats docked at the property shall not exceed
the capacity of the pier or boat house,
(j)
Any demand for parking, including vehicles being loaded or unloaded,
generated by the conduct of such use shall be accommodated off the
street.
(k)
Any storage or utilization of combustible, toxic, or flammable
substances shall be in accordance with the National Fire Prevention
Code.
(l)
All Chesapeake Bay Preservation Area requirements, including
specifically the preparation of a water quality impact assessment,
shall be followed.
(m)
All aquaculture operations shall be conducted in accordance
with all existing and applicable best management practices and shall
be operated in a manner that prevents pollution of, or change in the
condition of, the waters of any stream or other water body or which
results in drainage or stormwater discharges of a quantity or quality
detrimental to adjoining properties, or in violation of any federal,
state or local environmental laws.
(n)
Activities and equipment shall be operated in accordance with
Best Management Practices so as to minimize noise impacts of trucks,
forklifts, or other equipment and prevent it from being audible on
adjacent or nearby residential property at levels greater than typical
for a residential property.
(a)
Plant nurseries, greenhouses, and landscape contracting and
storage establishments shall be designed and used primarily for the
growing of nursery stock for gardens, grounds, and yards and the wholesale
or retail sale of such stock; and the off-site installation of such
stock. When located in or adjacent to residential areas, such uses
shall be designed and operated in a manner which is compatible with
the adjacent residential area and may include the sale of ancillary
items which are customarily associated with maintaining and preserving
the life and health of nursery stock, grounds, gardens and yards.
(b)
Off-street parking spaces shall be located at least 50 feet
from any residential property line. Such parking areas shall be screened
effectively from view from adjacent properties by the use of landscaping
supplemented, if necessary, by wooden or masonry fencing.
(c)
All loading and storage associated with a landscape contracting
business shall be screened effectively from view from adjacent properties
by landscaping supplemented by wooden or masonry fencing.
(d)
For landscape contracting establishments located in residential
zoning districts, no more than five vehicles or pieces of self-propelled
equipment (other than automobiles) shall be operated from the site
or stored there overnight, unless in a fully enclosed building.
(a)
Animal hospitals, veterinary clinics, and commercial kennels
located within 200 feet of a residential property line shall be within
a completely enclosed building. Such building shall be adequately
soundproofed and constructed so that there will be no emission of
odor or noise detrimental to other properties or uses in the area.
(b)
All animals shall be kept in pens or other enclosures designed
and maintained for secure confinement.
(c)
A waste management plan which ensures sanitary handling of animal
wastes and prevents contamination or pollution of adjacent lands or
water bodies shall be submitted to and approved by the zoning administrator
prior to establishment of such uses.
(a)
All animals in private kennels shall be kept in pens or other
enclosures designed and maintained for secure confinement.
(b)
The minimum setback for runs or pens shall be 50 feet from any residential lot line. In addition, such runs or pens shall be subject to the locational standards for accessory uses as specified in Article II, Division 7.
(c)
All runs and pens shall be screened and buffered to reduce the
visual and aural impact on adjacent properties.
[Ord. No. O97-18, 6-4-1997; Ord. No. 08-17(R), 3-17-2009; Ord. No. 17-12, 9-19-2017]
(a)
A minimum of five acres shall be required for forestry operations.
(b)
A forest management plan for all forestry operations shall be
submitted to and approved by the Virginia Department of Forestry and
the zoning administrator. The zoning administrator shall review the
forest management plan for compliance with all applicable requirements
of this chapter.
Notwithstanding the provisions of § 24.1-306, forestry
operations which occur to prevent the spread of disease or infestation
as certified by the state forester or which occur on land in the County's
land use tax program designated for forest use shall be permitted,
without issuance of a use permit, upon approval by the zoning administrator
of a forest management plan complying with the provisions of this
section.
The zoning administrator shall either approve or disapprove
the plan no later than 10 working days after submittal. In no case
shall a forestry operation on land in the County's land use tax program
designated for forest use proceed without the approval of the zoning
administrator.
(c)
All forestry operations shall be in accordance with the approved
forest management plan. A forest management plan shall include:
(1)
A detailed description of the property to be timbered including
its current condition, characteristics of adjacent property, influence
on water quality, identification of cultural and historical resources,
and the presence of any environmentally sensitive features;
(2)
A narrative description of all harvesting procedures, techniques
for harvesting in sensitive areas, the location of main haul roads,
skid trails, potential log landings and stream or drainage crossings,
and timing of harvest;
(3)
A reforestation plan, if required; and
(4)
A depiction of all required buffer areas.
(d)
Where stump removal, grubbing, or other soil disturbing activities
are proposed in conjunction with tree harvesting, except those preparations
for reforestation that are in accordance with the approved forest
management plan, an erosion and sedimentation control plan shall be
submitted to and approved by the County prior to commencement of any
soil disturbing activity.
(e)
All heritage, memorial, and specimen trees shall be protected
and preserved during and after tree harvesting.
(f)
Fifty-foot buffers within which no timbering shall occur shall
be provided along all public roads and twenty-five-foot buffers shall
be provided along the side and rear property lines. Fifty percent
of the crown cover within the side and rear yard buffers may be harvested.
(g)
Streamside management zones at least 50 feet in width, within
which no timbering may occur, shall be preserved on each side of all
perennial and intermittent streams. Upon request, the zoning administrator
may approve harvesting 50% of the crown cover within the streamside
management zone accompanied by an increase of the streamside management
zone to 100 feet. This request must be accompanied by a recommendation
of approval from the Virginia Department of Forestry.
(h)
All property which is forested or timbered shall be replanted with seedling trees, within one year or the next growing season after the forestry operation is completed, unless the applicant can provide sufficient evidence to the zoning administrator as to why reforestation is not required. This provision shall not apply to property that is converted to a bona fide agricultural or improved pasture use as described in Subsection B of Title 10.1-1163, Code of Virginia.
(i)
If trees are removed from the buffer areas in excess of the
provision of (f), the property owner shall be responsible for replanting
the number removed with 2 1/2 inch caliper trees. This provision
shall not be deemed to preclude cutting or thinning necessitated by
disease or infestation and recommended by the Virginia Department
of Forestry.
(a)
Sales shall be limited to seasonal or perishable produce, including
flowers and plants.
(b)
A commercial entrance constructed to Virginia Department of
Transportation standards shall be available for use by patrons.
(c)
No fewer than five off-street parking spaces shall be available
for use by patrons. Additional parking spaces may be required by the
zoning administrator upon a determination of their need based on the
size of the market and site.
(d)
No overnight storage of vehicles shall be permitted unless the
vehicles are fully screened from view from adjacent properties and
rights-of-way.
(e)
These standards shall not be interpreted to preclude the operation
of farmers' markets on a routine or occasional basis as an accessory
use to other commercial establishments or in a manner which shares
parking, entrances, and the like with other commercial uses.
