No permitted, special permit or special exception use hereafter established, altered, modified or enlarged shall be operated or designed so as to conflict with the applicable performance standards of this article. On the effective date of this chapter, if the operations of any lawful existing use violate any of the applicable performance standards of this article, such operations shall not be varied or changed in such a way as to increase the degree of such violation. The fact that the operations of a lawful existing use violate the applicable performance standards of this article shall not in and of itself make such use subject to the requirements of this article XIII relating to nonconformities.
The performance standards presented in §§ 170-117 and 170-118 of this article shall not apply to Category 6 special exception uses in § 170-67D of Article VI regardless of the zoning district in which such uses may be located. Extraction uses in Category 6 shall be subject to compliance with the performance standards presented in § 170-67D(2) of Article VI.
[Amended 9-8-2004]
For the purpose of administering the required
performance standards relative to noise and vibration, the standards
are presented in two basic groups, namely, Group I and Group II. Table
I below sets forth the applicable performance standards that must
be met in each zoning district.
|
TABLE I
REQUIRED PERFORMANCE STANDARDS
(GROUP I OR GROUP II)
| ||||
|---|---|---|---|---|
|
Zoning District
(in or adjacent to)
| ||||
|
Topic
|
All Residential Zoning Districts
|
All Resource Preservation Zoning Districts
|
All Commercial Zoning Districts
|
Industrial Zoning Districts
|
|
Noise
|
I
|
II
|
II
|
II
|
|
Vibration
|
I
|
II
|
I
|
II
|
Any activity, operation or device which causes
or tends to cause the release of air contaminants into the atmosphere
shall comply with the rules and regulations of the state.
All operations, activities and uses shall be
conducted so as to comply with all applicable fire prevention and
explosion hazard codes.
A.
All operations, activities and uses shall comply with
the regulations of the United States Atomic Energy Commission set
out in Chapter I of Title 10 of the Code of Federal Regulations, which
apply to by-product material, source material and special nuclear
material, as those terms are defined in Section IIe, z and aa of the
Atomic Energy Act of 1954, as amended [42 U.S.C. § 2014(e),
(z) and (aa)].
B.
No activity, operation or use shall cause radiation
emissions which are in violation of the Radiation Health and Safety
Act of 1968 (Public Law 90-602), as amended, or the implementing regulations
of the Virginia Department of Health established pursuant thereto.
C.
Any water discharged from any facility must meet all
radioactivity standards, as specified in Environmental Protection
Agency (EPA) Document 57 0/9-76-003, National Interim Primary
Drinking Water Regulations, in effect on the date of adoption of this
chapter irrespective of any subsequent amendments to said EPA Document.
D.
Air emission discharges, including fugitive emissions,
shall not be permitted to contain radioactive levels more than 10%
above background airborne radioactivity at the point of discharge.
Any activity, operation or use shall not cause
electromagnetic radiation interference that adversely affects persons
or the operation of any equipment across lot lines and is not in conformance
with the regulations of the Federal Communications Commission.
Any activity, operation or device which causes
or tends to cause the discharge or other release of liquid or solid
waste into public sanitary sewers, storm drains or public waters shall
comply with applicable laws, rules and regulations governing such
discharge or release, including but not limited to the Federal Water
Pollution Control Act, the Virginia Water Control Law and the Rappahannock
County regulation provisions on sewers and sewage disposal, pollution
of state waters, maintenance and cleanliness of storm drainage facilities,
garbage, trash and refuse and erosion and sediment control.
A.
Required performance level. No use, operation or activity
shall cause or create noise in excess of the sound level prescribed
below.
B.
Method of measurement.
(1)
Noise shall be measured with a sound level meter,
octave band analyzer and impact noise analyzer meeting the standards
of the American National Standards Institute (ANSI S1.4-1961 and ANSI
S1.11-1966). The instruments shall be set to the flat response weighting
network, and the meter to the slow response.
(2)
Sounds of short duration, such as from forge hammers,
punch presses and metal shears, which cannot be measured accurately
with the sound level meter, shall be measured within the impact noise
analyzer.
(3)
For the purpose of this chapter, impact noises shall
be considered to be those noises whose peak values are more than three
dB higher than the values indicated on the sound level meter set to
the slow response.
C.
Exemptions. The following uses and activities shall
be exempt from the noise level regulations:
(1)
Noises not directly under the control of the property
owner.
(2)
Noises emanating from nonroutine construction and
maintenance activities between 8:00 a.m. and 7:00 p.m.
(3)
The noises of safety signals, warning devices and
emergency pressure relief valves, whose frequency of operation does
not exceed one per week and any audible safety or warning devices
required by law.
(4)
Transient noises of moving sources such as motor vehicles,
airplanes and railroad trains, except where such transient noises
are caused on the site and as a part of the operation of the use on
the site.
(5)
Noises and activities directly associated with the
safety warnings and training programs of the Fire and Rescue Services
and Sheriff's Department.
(6)
Agricultural operations.
D.
Group I noise standards.
(1)
Uses subject to Group I standards shall not cause,
at any point on or beyond the boundary of the lot upon which the use
is situated, noise resulting from any use, operation or activity which
exceeds the maximum permitted sound level set forth in Table II below:
|
TABLE II
Maximum Permitted Sound Pressure Level
In or Adjacent to Residential Zoning Districts
| ||
|---|---|---|
|
Octave Band, Preferred Frequencies
(cycles per second)
|
Decibels Re 0.0002 Microbar
| |
|
31.5
|
66
| |
|
63
|
67
| |
|
125
|
66
| |
|
250
|
61
| |
|
500
|
55
| |
|
1,000
|
48
| |
|
2,000
|
41
| |
|
4,000
|
34
| |
|
8,000
|
28
| |
(2)
Impact noises shall not exceed the sound pressure
levels set forth in Table III:
|
TABLE III
Maximum Permitted Impact Noise Levels
| ||
|---|---|---|
|
Location
(at lot line)
|
Maximum Permitted Peak Pressure Level,
Decibels Re 0.0002 Microbar
| |
|
In residential zoning districts
|
80
| |
|
At a nonresidential lot line
|
90
| |
(3)
Between the hours of 8:00 p.m. and 7:00 a.m., all
permissible noise levels indicated in the previous tables for residential
zoning districts shall be reduced by five decibels.
E.
Group II noise standards.
(1)
Uses subject to Group II standards shall not cause,
at any point on or beyond the lot where such use is located, noise
resulting from any use, operation or activity which exceeds the maximum
permitted sound levels set forth in Table IV below:
|
TABLE IV
Maximum Permitted Sound Pressure Level
Beyond Nonresidential District Boundaries
| ||
|---|---|---|
|
Octave Band, Preferred Frequencies
(cycles per second)
|
Decibels Re 0.0002 Microbar
| |
|
31.5
|
70
| |
|
63
|
71
| |
|
125
|
69
| |
|
250
|
65
| |
|
500
|
61
| |
|
1,000
|
57
| |
|
2,000
|
53
| |
|
4,000
|
49
| |
|
8,000
|
45
| |
(2)
Impact noises shall not exceed the sound pressure
level set forth in Table V:
|
TABLE V
Maximum Permitted Impact Noise Levels
| ||
|---|---|---|
|
Location
(at lot line)
|
Maximum Permitted Peak Pressure Level,
Decibels
| |
|
In residential zoning districts
|
80
| |
|
At a nonresidential district boundary line
|
90
| |
|
1 impact noise per day, beyond lot lines
|
120
| |
(3)
Between the hours of 8:00 p.m. and 7:00 a.m., all
of the permissible noise levels indicated in the previous tables for
residential zoning districts shall be reduced by five decibels.
A.
Required performance level. No use, operation or activity
shall cause or create earthborne vibrations in excess of the peak
particle velocities prescribed below.
B.
Method of measurement.
(1)
Measurements shall be made at or beyond the adjacent
lot lines, nearest residential zoning district boundary line or nearest
district boundary line as indicated below. Ground-transmitted vibration
shall be measured with a seismograph or complement of instruments
capable of recording vibration displacement and frequency particle
velocity or acceleration simultaneously in three mutually perpendicular
directions.
(2)
The maximum particle velocity shall be the maximum
vector sum of three mutually perpendicular components recorded simultaneously.
Particle velocity may also be expressed as 6.28 times the displacement
in inches multiplied by the frequency in cycles per second.
(3)
For the purposes of this chapter, steady state vibrations
are vibrations which are continuous or vibrations in discrete impulses
more frequent than 60 per minute. Discrete impulses which do not exceed
60 per minute shall be considered impact vibrations.
C.
Group I vibration standards.
(1)
Uses subject to Group I standards shall not cause
steady state vibrations to exceed the maximum permitted particle velocities
described in Table VI below. Where more than one set of vibration
levels apply, the most restrictive shall govern. Readings may be made
at points of maximum vibration intensity.
|
TABLE VI
Maximum Permitted Steady State Vibration
Levels
| ||
|---|---|---|
|
Location
(at lot line)
|
Maximum Peak Particle Velocity
(inches per second)
| |
|
In a residential zoning district
|
0.02
| |
|
At or beyond adjacent lot lines, except a residential
zoning district
|
0.05
| |
(2)
Impact vibrations shall be permitted at twice the
values stated above.
(3)
Between the hours of 8:00 p.m. and 7:00 a.m., all
of the permissible vibration levels indicated above in Table VI for
residential zoning districts shall be reduced to one-half ( 1/2)
the indicated values.
D.
Group II vibration standards.
(1)
Uses subject to Group II standards shall not cause
steady state vibrations to exceed the maximum permitted particle velocities
described in Table VII below. Where more than one set of vibration
levels apply, the most restrictive shall govern. Readings may be made
at points of maximum vibration intensity.
|
TABLE VII
Maximum Permitted Steady State Vibration
Levels
| ||
|---|---|---|
|
Location
(at lot line)
|
Maximum Peak Particle Velocity
(inches per second)
| |
|
In a residential zoning district
|
0.02
| |
|
At or beyond adjacent district boundary lines,
except a residential zoning district
|
0.10
| |
(2)
Impact vibrations shall be permitted at twice the
values stated above.
(3)
Between the hours of 8:00 p.m. and 7:00 a.m., all
of the permissible vibration levels indicated above in Table VII for
residential zoning districts shall be reduced to one-half ( 1/2)
the indicated values.
(4)
When the frequency of impacts does not exceed one
per day, the maximum vibration level, measured across lot lines, shall
not exceed four tenths (0.4) inches per second.
[Amended 9-8-2004]
A.
Purpose and intent.
(1)
The purposes of this section are:
(a)
To promote the public health, safety, convenience
and welfare;
(b)
To preserve healthy surroundings for family
life in residential areas;
(c)
To protect and enhance the use and enjoyment
of properties in the Resource Preservation Zoning Districts which
are adjacent to commercial and industrial uses;
(d)
To restrict light to the property and use for
which it was intended;
(e)
To provide sufficient light in Commercial and
Industrial Zoning Districts for safety and security;
(f)
To prevent glare on public roadways and adjoining
properties;
(g)
To conserve resources by employing lighting
in an efficient and non-redundant manner.
(2)
It is the intent hereof to accomplish these purposes
by regulating the proper placement, orientation, distribution, intensity,
type, and configuration of outdoor light fixtures, and the levels
of illuminance produced thereby, in Commercial and Industrial Zoning
Districts.
B.
Applicability.
(1)
This section only applies to outdoor light fixtures
if they are installed in conjunction with:
(2)
No provision of this section shall apply to any:
(a)
Single-family dwelling, or any structure, landscaping
or use permitted by right on the same lot with the single-family dwelling;
(b)
Place of religious worship (except parking areas
as specified above);
(c)
Property owned by the County of Rappahannock
or the Rappahannock County School Board;
(d)
Outdoor light fixtures activated by a sensing
device which remains on for no more that 15 minutes per cycle;
(e)
Interior lighting, including light emanating
from inside any machine or device to enable its use, such as ATM machines,
vending machines, telephone pedestals/booths and gasoline pumps;
(f)
Circus, fair, carnival, or civic uses of a duration
of less than 11 days per year;
(h)
Outdoor light fixtures not exceeding 60 watts
per light fixture used for decorative purposes on a structure or to
illuminate walkways, doorways or landscaping;
(i)
Agency of the State or Federal Government or
lighting required by state or federal law;
(j)
Lighting used to facilitate construction activities
for which a valid building permit has been issued and is in effect;
(k)
Lights on vehicles, including police, rescue
and fire vehicles;
(l)
Lighting required by any building code;
(m)
Hand-held lights or lighting devices worn or
carried for personal safety;
(n)
Decorative seasonal lighting used for less than
30 days per year.
(3)
Nothing herein shall prevent the Board of Supervisors or Board of Zoning Appeals from imposing all or some of the requirements of this section as conditions or restrictions upon the granting of a special exception or a special use permit if necessary to ensure the permitted use will be compatible with existing or planned development in the general area, as provided by § 170-47.
[Amended 5-1-2023]
C.
DIRECTIONALLY SHIELDED LIGHT FIXTURE
FULLY SHIELDED LIGHT FIXTURE
HORIZONTAL ILLUMINANCE
ILLUMINANCE
LAMP
LIGHT FIXTURE
OUTDOOR LIGHT FIXTURE
UNIFORMITY RATIO
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A light fixture constructed and installed such that the light
emitted, either directly from the lamp or diffusing element, or indirectly
by reflection or refraction from any part of the light fixture, is
substantially confined to a target area. Light may be projected above
the horizontal if necessary to illuminate the target area.
A light fixture constructed and installed such that all light
emitted, either directly from the lamp or diffusing element, or indirectly
by reflection or refraction from any part of the light fixture, is
projected below the horizontal.
The intensity of luminance flux falling on a horizontal surface.
Unless otherwise indicated herein, horizontal illuminance is measured
in a horizontal plane at grade.
The concentration of luminous flux falling on a surface,
that is, the incident luminous flux per unit area, measured in footcandles
(fc).
The component of a light fixture that produces light. A lamp
is commonly referred to as a "bulb."
A complete lighting unit consisting of one or more lamps
and ballasts (when applicable) together with the components designed
to distribute the light, to position and protect the lamp, and to
connect the lamp to an electrical power supply.
A light fixture, permanent or portable, installed outdoors.
A measure of the uniformity of illuminance on a surface.
Uniformity ratios may be specified as maximum to average, average
to minimum, or maximum to minimum.
D.
Nonconforming light fixtures.
(1)
Outdoor light fixtures legally installed prior to
the effective date of this section which do not meet the terms of
this section are exempt from the provisions of this section, and are
referred to as "nonconforming outdoor light fixtures." Nonconforming
outdoor light fixtures may be maintained by replacing lamps or other
components. If the entire nonconforming outdoor light fixture is replaced,
any new outdoor light fixture shall conform to this section; provided
that if the nonconforming outdoor light fixture to be replaced is
part of a group of similar light fixtures, the replacement outdoor
light fixture need not conform to this section if it is substantially
the same as the outdoor light fixture it replaces so to maintain a
matching set.
(2)
If the use of any nonconforming outdoor light fixture
is discontinued for more than two years, the nonconforming outdoor
light fixture must be brought into compliance with this section upon
its use being recontinued.
(3)
If any use includes nonconforming outdoor light fixtures
and the use is to be enlarged, extended or expanded, any newly installed
outdoor light fixtures may match the existing nonconforming outdoor
light fixtures and shall themselves become nonconforming outdoor light
fixtures; provided, the resulting total number of nonconforming outdoor
light fixtures shall not be more than two times the number of existing
nonconforming outdoor light fixtures. Example: a structure has two
nonconforming outdoor light fixtures; an addition to the structure
may contain no more than two new outdoor light fixtures which match
the nonconforming outdoor light fixtures, for a total of four. All
four of such outdoor light fixtures shall be deemed to be nonconforming
outdoor light fixtures.
E.
General requirements.
(1)
All outdoor light fixtures shall be either fully shielded
light fixtures or directionally shielded light fixtures.
(2)
The mounting height of any outdoor light fixture shall
not exceed 25 feet measured from grade.
(3)
The target area for directionally shielded light fixtures
shall be on the property on which the light fixture is located, except
the target area may be on adjoining property if either under the same
ownership or with the written permission of the adjoining property
owner.
(4)
Outdoor light fixtures for canopies, drive-through
areas, building overhangs, porches, porticos and any similar outdoor
covered area shall either be one, or a combination of, the following:
(a)
Recessed into the ceiling so that the bottom
of the light fixture is flush with the ceiling; or
(b)
Indirect lighting where the light is directed
upward and then reflected down from the underside of the canopy or
the ceiling. Light fixtures used for indirect lighting shall either
be directionally shielded light fixtures or a light fixture which,
when used with architectural or structural elements, is the functional
equivalent of a directionally shielded light fixture. All light shall
be projected onto the underside of the canopy or the ceiling.
(5)
No overhead wires shall be used to provide electrical
power to any outdoor light fixture.
(6)
No outdoor light fixture shall flash or intermittently
turn itself on and off or change its brightness or color at a rate
faster than one cycle per hour. No outdoor lighting fixture shall
be installed so that it is subject to repetitive motion.
(7)
Illuminated signs.
(a)
All signs which are illuminated shall use one, or a combination of, the following methods provided that each separate lot in the Commercial or Industrial Zoning Districts shall be allowed by right one internally illuminated sign which shall in size, location and otherwise be subject to the provisions of Article XII of Chapter 170 (§ 170-92 et seq.):
[1]
Directionally shielded light fixtures; or,
[2]
A light fixture which when used with architectural
or structural elements is, in the opinion of the Zoning Administrator,
the functional equivalent of a directionally shielded light fixture;
or,
[3]
Backlighting, where light is projected on a
surface behind the sign.
(b)
Any sign which communicates information through the use of lights, such as time, temperature or news, shall only be allowed by special exception. In considering such special exception, the Board of Supervisors shall consider, in addition to the factors set forth in Article VI (§ 170-47 et seq.) of this chapter, whether such sign would be a distraction to motorists.
F.
Performance standards.
(1)
Average horizontal illuminance and uniformity ratios
for outdoor lighting shall be as follows:
|
Service station pump islands
|
30 fc
|
4:1 average to minimum
|
|
Service station service areas
|
12 fc
| |
|
Parking lots
|
5 fc
|
15:1 maximum to minimum
|
|
Loading and unloading areas
|
10 fc
| |
|
Auto/truck dealership
|
20 fc
|
5:1 maximum to minimum
|
|
Exterior restaurants
|
10 fc
| |
|
Drive-through ATM machines and/or night deposit
facilities
|
40fc
| |
|
Other drive-through canopied areas
|
30fc
| |
|
Stand-alone ATM machines and/or night deposit
facilities
|
40fc
| |
|
All other areas
|
6 fc
|
(2)
The illuminance emanating from a property subject
to this section in a Commercial or Industrial Zoning District, as
measured at the property line of any adjacent property in a Residential
or Resource Preservation Zoning District, at any orientation of the
illuminance meter, shall not exceed the following unless the owner
of the adjacent property consents in writing: 3.0 fc.
G.
Approval required.
(1)
No use or structure subject to the terms of this section
shall be established, commenced or occupied unless and until a site
plan is approved and/or, where applicable, a special exception is
obtained. For all such properties the site plan shall include a lighting
plan showing:
(a)
The location of all proposed outdoor light fixtures
and any structure(s) which will support the fixture(s);
(b)
A photograph or scale drawing of each such outdoor
lighting fixture;
(c)
A numerical grid of lighting levels, in footcandles,
that the fixtures will produce on the ground (photometric report).
The grid shall include not less than 20 uniformly spaced points for
any area being considered, and in no case shall the spacing exceed
25 feet. The photometric report will indicate the average, minimum
and maximum footcandle levels within the areas of interest.
(2)
The lighting plan shall be sufficiently complete to
enable the Zoning Administrator to determine compliance with the requirements
of this section. If such plan does not enable this determination,
the applicant shall submit evidence of compliance by a registered
professional engineer.
(3)
In the event all or some of the provisions of this
section are imposed as conditions for the issuance of a special use
permit or a special exception for a use or structure for which a site
plan is not required, the Board of Supervisors or Board of Zoning
Appeals may require a lighting plan as specified above, or so much
thereof, or such other information, as it deems necessary to ensure
compliance with any imposed conditions.
(4)
The applicant shall file with the site plan any written
consents from adjoining property owners which the applicant intends
to rely upon to meet the terms of this section.
