Special exceptions are authorized by the terms of this chapter.
The purpose of the special exception procedure is to provide for certain
uses which cannot be well-adjusted to their environment in particular
locations by rigid application of the district regulations. These
uses are generally essential or desirable at many locations in the
County but may have unusual characteristics or have characteristics
which are different enough from those of their immediate surroundings
that they require the exercise of planning judgment as to the location
and plan of development.
[Amended 12-19-2007]
A.
A special exception may be approved by the governing body only if
it is permitted as a special exception in the district regulations
of the zoning district in which it is located or otherwise provided
in this article, and only if it is found that the location is appropriate
and not in conflict with the Comprehensive Plan and the statement
of intent for the district in which it is located; that the public
health, safety, and general welfare will not be adversely affected;
that necessary safeguards will be provided for the protection of surrounding
property, persons, and neighborhood values; and that the additional
standards, as set by the governing body, have been complied with.
A violation of imposed conditions shall constitute a violation of
this chapter.
B.
In approving a special exception permit, the governing body may impose
such reasonable conditions as it believes necessary to accomplish
the objectives of this chapter with respect to use, screening, lighting,
hours of operation, noise control, maintenance, operation, or other
requirements; otherwise, the special exception permit will be denied.
C.
D.
Unless otherwise specified in this chapter, or specified as a condition
of approval, the height limits, yard spaces, lot area, and sign requirements
shall be the same as for other uses in the district in which the proposed
special exception permit is located.
E.
A special exception permit goes with the property. If a special exception
permit is not used, or ceases to be used, for more than 24 months,
then the permit shall be considered null and void and a new special
exception permit shall be required to renew the operation. All work
must be completed within 60 months; however, the Board of Supervisors
may impose more stringent time limits, if it deems necessary.
F.
It shall be a condition of all such permits that the permit holder
and landowner consent to reasonable administrative inspections by
the Zoning Administrator to determine compliance with the permit.
Applications for special exception permits shall be filed with
the Zoning Administrator on a form provided therefor and shall be
accompanied by the appropriate fee, as determined by the governing
body, and sketch plan of development and other information sufficient
to enable a full determination of the facts of the case and the impact
of the proposal on surrounding properties. The Zoning Administrator
shall establish minimum standards for sketch plans and shall assist
the applicant with the use of available County maps to ensure the
accuracy of facts presented in the application. The Zoning Administrator
or his/her agent shall make a field inspection of the property and
shall be prepared to report to the governing body thereon. A request
for a special exception permit shall be advertised as required by
the Code of Virginia 1950, as amended, prior to a hearing on the matter
before the governing body. The owners of all abutting property and
property across the street or road from the property affected shall
be notified of the request by first-class mail at least five days
prior to the hearing.
Except as otherwise provided in this chapter, any use listed
as requiring approval as a special exception permit and which use
legally exists at the effective date of the regulations of this chapter
shall be considered a nonconforming use unless it has been approved
as a special exception by the governing body.
In addition to the general guidelines and standards set forth
in this article, certain specific guidelines and standards are established
by the terms of this chapter to assist the governing body in arriving
at a decision on particular applications for special exceptions. It
is the intent that all of the applicable factors be weighed in order
to reach a decision which best accomplishes the overall purpose of
the special exception procedure, particularly in seeking compatibility
between uses of different kinds.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
In reviewing an application for a special exception permit to
establish or enlarge an intensive agriculture use in certain nonagricultural
zoning districts under the terms of this chapter, the following factors
shall be taken into account. It is not the intent of this chapter
to establish numerical minimum or maximum values for specific aspects
of the operation, there being many opportunities for variation depending
on the facts of a particular location; provided, however, that the
governing body may establish specific values if it finds them to be
reasonable in a particular case and may seek expert advice to assist
with determinations. The factors to be considered shall include:
A.
The distance of the confinement site from property lines. A minimum
distance and site area may be required to accommodate a particular
operation.
B.
The type of operation.
C.
The proposed intensity of use, size of operation, number of animals
or poultry, structures, machinery, noise, flies, rats, dust, odor,
traffic, parking and loading areas, areas to be paved, and areas to
be kept in grass.
D.
The type of waste and the waste disposal plan.
E.
Location with respect to streams or bodies of water.
F.
Conditions of surrounding land use, location of existing dwellings,
businesses, public uses, and other special agricultural uses.
G.
The view of the site from surrounding properties.
H.
Significance of the direction of prevailing winds.
I.
Natural features, topography, the slope of the confinement site,
intervening wooded areas, proposed grading and landscaping.
J.
Location of lands planned or zoned for residential or commercial
use.
K.
Any other factor(s) deemed by the governing body to be necessary
to the safety, health and welfare in establishing or enlarging a special
agricultural use.
A.
Because of the necessity for extensive supervision and regulation
of landfills in order to adequately protect the health and safety
of the citizens of Amelia County, the governing body shall not approve
any landfill, whether public or private, unless it finds that a clear
public purpose, related to Amelia County, will be served by such landfill.
In no event shall any landfill be approved which:
(1)
Does
not exclude hazardous waste, infectious waste, polychlorinated biphenyls
(PCBs) and radioactive waste, as such terms are defined by federal
and state statutes and regulations;
(2)
Is
on a parcel of land less than 250 acres;
(3)
Fails
to enter into an agreement with Amelia County providing the County
access to inspect the site, operations and records of the landfill
as the County deems necessary;
(4)
Provides
less than a double-lined facility (with each liner meeting not less
than the minimum state and federal standards for liners); or
(5)
Fails
to agree to comply with all federal and state statutes and regulations
applicable at the time the special exception permit is granted and
as subsequently amended (provided such amendments are no less stringent
than the regulations in effect at the time the special exception permit
was granted).
B.
The governing body may require the following in connection with the
application for a special exception permit for the landfill:
(1)
Studies, acceptable to the governing body, of the anticipated
impact of the landfill on drainage, water quality, wildlife, wetlands,
archaeological and historical resources, traffic and the County's
fiscal well-being, together with adequate measures for remediation
of any adverse impacts thereon and studies, acceptable to the governing
body, of the topographic, soil and groundwater conditions of the site,
as well as then current uses of adjoining properties;
(2)
Plans for tree protection (for buffer trees), landscaping and
screening, control of all vectors, site and road dust control, methane
response, parking, staging, and lighting, all in a form acceptable
to the governing body;
(3)
Buffers which are adequate to screen the landfill operations
and assist in controlling noise, dust and litter, but in any event:
(a)
Extend into the landfill site not less than 200 feet from the
property lines;
(b)
Extend not less than 500 feet from residences, churches, schools,
recreation areas, active drinking water wells or springs, existing
as of the date of the issuance of the special exception permit; and
(c)
Extend not less than 200 feet from any regularly flowing channel
of water;
(4)
Height limitations which are appropriate to the topography but
in no event greater than 100 feet from ground level;
(5)
Remediation funds, in addition to amounts required by the Commonwealth
of Virginia and in amounts acceptable to the governing body, in accounts,
bonds or letters of credit available to the County, and in a form
acceptable to the governing body, for response to any contamination;
(6)
Full reports on the fiscal resources of the applicant, the criminal
and regulatory history of the applicant, and partners, corporate parent,
officer or director thereof;
(7)
Boundary markers and/or signs identifying the property lines
of the site and giving notice of the landfill use; and
(8)
Such other requirements and conditions as the governing body
may deem appropriate.
C.
Additionally, no accessory uses, including, but not limited to, maintenance
garages, cogeneration facilities, incinerators, or any uses other
than landfill use, shall be approved unless specifically described
in the special exception permit.
D.
No special exception permit for landfill use shall be transferred
or assigned. In the event no landfill (serving the public purpose
related to Amelia County found by the governing body in connection
with the issuance of the special exception permit) is constructed
within three years of the issuance of the special exception permit,
the special exception permit shall expire; provided, however, that
the special exception may be extended for up to two additional years
upon application of the site owner and approval by the governing body.
Additionally, the special exception permit shall expire if the landfill
ceases operation for three years or more.
[Amended 2-21-2018]
The following conditions will be imposed on applications for
the location of wireless support structures which exceed 80 feet in
height on property zoned A-5, RP-5, RR-3, R-10, R-5, R-3, ER-1, MHS,
B-1, M-1 and M-2.
A.
A buffer of evergreen screening (trees or hedging) shall be provided
around the entire facility with the exception of any associated office
building. A section of fence at least six feet in height shall be
provided completely around the base of the wireless support structure
and any associated equipment.
B.
A site plan of the proposed facility must be submitted to and approved
by the Zoning Administrator. As part of the site plan submittal, the
applicant must provide Amelia County with detailed information regarding
the proposed facility's location, latitude and longitude, and service
area.
C.
The facility shall not interfere with the radio, television or communications
reception of nearby property owners in residence at the time of construction.
The applicant shall take steps to successfully eliminate any such
interference.
D.
All wireless support structures and other structures shall meet all
safety requirements of all applicable building codes.
E.
Setback.
[Amended 4-19-2023 by Ord. No. 23-03]
(1)
All wireless support structures shall set back from any property
line a distance equal to 120% of the height of the wireless support
structure, or the distance of the "fall zone" as certified by a registered
professional engineer licensed in Virginia.
(2)
Wireless support structures shall not be constructed or erected
nearer than 120% of the height of a wireless support structure, or
the distance of the "fall zone" as certified by a registered professional
engineer licensed in Virginia to a residential dwelling unit located
on the same property as the wireless support structure.
(3)
Wireless support structure shall not be constructed or erected
nearer than 120% of the height of the wireless support structure or
500 feet, whichever is greater, to any residential dwelling off-premises
from the wireless support structure.
(4)
If the "fall zone" establishes the setback, then the required
certification shall be filed with the Community Development Department
at time of site plan review.
(5)
The governing authority may reduce/waive the standard setback
requirements when considering factors such as a substantial stand
of vegetation being preserved within the setback from the property
line/fall zone and/or relevant topographic factors that would impact
the potential fall zone.
(6)
This subsection does not apply to adjacent property owners'
construction of a residential dwelling subsequent to erection of the
wireless support structure.
F.
Verifiable evidence of the lack of antenna space on existing wireless
support structures, buildings, or other structures suitable for antenna
location, or evidence of the unsuitability of existing wireless support
structure locations for co-location, must be provided by the applicant.
G.
An engineering report, certifying that the proposed wireless support
structure is compatible for a minimum of four users, must be submitted
by the applicant.
H.
Documentary evidence of compliance with all Federal Aviation Administration
and Federal Communications Commission requirements shall be submitted
by the applicant.
I.
All structures shall have a galvanized steel finish. Wireless support
structures shall only be painted if required by the Federal Aviation
Administration, and documentary evidence from the FAA requiring such
painting must be provided to the County by the applicant.
J.
All applicants must provide documentary evidence that the facility
will not exceed applicable health standards established by the federal
government and/or American National Standards Institute.
K.
No advertising of any type may be placed on the wireless support
structures or accompanying facility.
L.
All wireless support structures must be dismantled by the owner of
the structure if not properly maintained for a period exceeding 24
consecutive months. The Board of Supervisors may require the posting
of surety by the applicant in an amount sufficient to cover the costs
of dismantling, and the surety shall be submitted to the County prior
to the issuance of the special exception permit.
[Amended 4-20-2022 by Ord. No. 22-007]
M.
The applicant shall notify adjoining property owners and other residents
of the community to discuss specific proposals prior to public hearing
before the Planning Commission and Board of Supervisors, and evidence
shall be submitted as part of the special exception permit application
that such notice was given.
[Amended 5-16-2001]
The following conditions will be imposed on applications for
the location of a detached dwelling in the A-5, RP-5, and RR-3 Zoning
Districts.
A.
Applications for renewal shall be made every three years to the Zoning
Administrator.
B.
Placement is subject to approval by the Health Officer.
C.
Single-wide manufactured homes used as detached dwelling units are
only permitted in zoning districts where single-wides are allowed
by permitted use.
D.
A detached dwelling unit shall be located at least 16 feet from the
primary structure.
E.
Any accessory dwelling unit, excluding dependent dwelling units,
shall have to meet the density requirements of the zoning district.
[Amended 3-16-2011]
The following conditions will be imposed on applications for
increasing building/structure heights beyond the limits listed in
each zoning district. The limits listed in each zoning district do
not apply to County buildings/structures.
A.
All district setbacks shall be applied or adjusted to 120% of the
proposed building/structure height, whichever is greater.
B.
No unoccupied building/structure constructed of combustible material
shall exceed 35 feet without approved internal fire support equipment.
Any building/structure housing combustible, flammable and/or hazardous
materials shall have appropriate environmental and fire-protection
equipment/systems installed.
C.
Unoccupied industrial structures taller than 35 feet may only be
entered or occupied as required for routine maintenance.
D.
Unoccupied industrial structures must be dismantled by the owner
of the structure if not properly maintained for a period exceeding
24 consecutive months.
