The following regulations are supplementary regulations for districts in Article IV, District Regulations, and are in addition to requirements set forth in Article III, General Regulations, and other applicable requirements of this chapter. In approving a conditional use permit, the Board of Supervisors may vary provisions of this article where they are deemed unnecessary to promote the purposes of this chapter and may impose such additional conditions as are necessary to accomplish the purposes of this chapter.
[Added 6-28-2022]
A.
Statement of intent. This section describes regulations for an exempt poultry abattoir which is permitted by right in the Agricultural District.
B.
Requirements. Except as otherwise provided in this chapter, an exempt poultry operation initiated after the enactment of this section which exceeds the slaughtering of more than 1,000 animals per calendar year shall constitute a violation of this chapter. A confirmation letter from the Virginia Department of Agricultural and Consumer Services recognizing the property owner's farm and poultry abattoir as meeting the standards for exemption for the raising, slaughtering and processing of 1,000 birds or less per year shall be required with the submission of the application.
C. EXEMPT POULTRY ABATTOIR NUTRIENT POULTRY RECREATIONAL POND OR LAKE
Definitions. As used in this section, the following terms shall have the meanings indicated:
A structure where poultry is slaughtered, processed, packed and labeled for distribution. The facility is designed to accommodate the confinement and slaughtering of live animals and may include packing, treating or storage of the product on the premises. The number of slaughtered fowl or birds shall not exceed 1,000 animals per calendar year.
Poultry excrement, litter, offal, innards, feet, heads, feathers and/or waste.
Includes all domestic fowl and game birds raised in captivity.
Any pond or lake which is used for fishing, boating, swimming or any other recreational activity.
D.
Structures used for an exempt poultry abattoir operation shall be located no closer than:
(1)
Five hundred feet to any structure designed to be occupied as a residence, excluding any residence owned by the applicant.
(2)
Five hundred feet to any residential zoning district, school, church, community center or commercial business establishment or industry or any other structure designed for public occupancy.
(3)
Five hundred feet to any boundary of a town within the County.
(4)
One hundred feet to any adjacent property where existing agricultural operations are being pursued.
(5)
Two hundred feet to any primary highway, secondary highway, roadway or other right-of-way for passage.
(6)
Three hundred feet to any recreational pond, lake, river, creek, spring, reservoir or any public water supply system, including but not limited to community wells.
(7)
One hundred feet to the property owner's private water supply system, including but not limited to a well or cistern.
E.
The property owner shall have their well water tested annually for e-coli and coliform bacteria, and a copy of the results shall be submitted to the Planning and Health Departments.
F.
All exempt poultry abattoir operations shall be on a parcel of 20 acres or more under single ownership. In addition, the applicant shall meet all other requirements of this section.
G.
Limitations on structures for an exempt poultry abattoir operation. There shall be no more than one structure for use as a poultry abattoir on the property.
H.
Site plan required. Each application for an exempt poultry abattoir shall be accompanied by a site plan of the entire parcel, with location of proposed facility drawn to scale and in sufficient detail to show that the proposed abattoir operation meets all applicable setback requirements of this section and showing the direction and distances to nearest residences, adjacent zoning districts, platted residential subdivisions, rural service areas, mobile home parks, public schools, recreation areas, wells, springs and water intakes listed under other required setbacks.
I.
Filing of nutrient management form. An exempt poultry abattoir property owner shall file with the Zoning Administrator a nutrient management form containing the following information, prior to obtaining a certificate of zoning and/or a building/agricultural permit:
(1)
Number of poultry to be raised per year.
(2)
Estimated number of cubic yards of poultry waste to be generated annually.
(3)
Cubic yards of poultry waste to be stored and composted on the operation's premises annually.
(4)
Description of method of composting and identify the location of the poultry waste and wastewater by-product where this is stored.
J.
Plan for nutrient storage site.
(1)
An application for an exempt poultry abattoir operation shall contain a plan for the nutrient storage site which shall satisfactorily demonstrate that the nutrient storage site:
(a)
Is not located in a stormwater drainage area.
(b)
The location is shown on the site plan.
(c)
Does not encroach on the property's septic system.
(d)
Has sufficient capacity to accommodate 100% of the waste produced by the operation on the parcel during the time in which slaughtering occurs.
(e)
Is located on the same parcel as the facility to which it is an accessory use.
(f)
Shall not be stored within 500 feet of a neighboring residential dwelling, excluding any residence owned by the applicant. Dead fowl or birds shall be removed according to best nutrient management practices.
(2)
There shall be three copies of the plan submitted to the Zoning Administrator. The Zoning Administrator will forward two of those copies to the Lord Fairfax Soil and Water Conservation District and the Virginia Tech Cooperative Extension Animal Science agent to review the proposed plan for nutrient storage within 30 days. Upon review and approval of the plan, a certificate of zoning will be issued for the operation.
[Amended 8-17-1993; 7-18-1995; 8-15-2006; 7-17-2007]
A.
Except for buildings accessory to an agricultural pursuit as defined by this chapter, no accessory building shall be constructed on any zoning lot for more than six months prior to beginning construction of the principal building and no accessory building shall be used for more than six months unless the main building on the lot is also being used or unless the main building is under construction; provided that the main building is completed within one year. The accessory building shall require the issuance of a zoning permit.
[Amended 3-15-2011]
(1)
Accessory buildings in any residential district shall be as follows:
(a)
For lots of one acre or less, no more than one accessory building of up to 600 square feet.
(b)
For lots greater than one acre up to three acres, no more than two accessory buildings totaling 900 square feet or less.
(c)
For lots over three acres, no more than two accessory buildings totaling 1,200 square feet or less.
(d)
No accessory building shall be greater than 12 feet in height in the Residential-1 (R-1), Residential-2 (R-2), Suburban Residential (SR) and Village Residential (VR) Districts and 20 feet in height in the Rural Residential (RR) District.
(2)
For either Subsection A(1)(a), (b) or (c) above, a detached garage of 600 square feet or less would be allowed in addition to the number of accessory buildings and square footage cited above. If a detached garage of greater than 600 square feet is constructed, the amount of square footage over 600 square feet will be included toward the total amount of square footage allowed in Subsection A(1)(a), (b) or (c) above.
B.
Portable storage containers. Notwithstanding any contrary provision, portable storage containers located outside of a fully enclosed building or structure shall be allowed subject to the following restrictions:
(1)
Portable storage containers shall be permitted for a period not to exceed a total of 30 days within any consecutive six-month period.
(2)
Portable storage containers shall not exceed a cumulative gross floor area of 128 square feet.
(3)
Portable storage containers shall not exceed 8.5 feet in height.
(4)
The placement of portable storage containers shall comply with all applicable setback requirements.
(5)
Bona fide portable storage containers used for the storage of agricultural materials in the agricultural zoning district shall be exempt from the requirements of this subsection.
C.
Temporary building(s) and use(s) shall be permitted for a period not to exceed one year in connection with construction, with permits renewable as provided for in Article VI.
D.
An accessory building may be erected without a primary building for the purpose of storing property maintenance tools and/or equipment necessary for maintenance of the property, subject to the following:
[Added 3-15-2011]
(1)
On agriculturally zoned lots less than two acres in size, one accessory building no larger than 150 square feet in size may be erected on the property without a primary structure.
[Amended 8-16-2011]
(2)
On agriculturally zoned lots equal to or greater than two acres but less than 10 acres in size, one accessory building no larger than 600 square feet in size may be erected on the property without a primary structure.
[Amended 8-16-2011]
(3)
On agriculturally zoned lots equal to or greater than 10 acres in size, one accessory building no larger than 1,000 square feet in size may be erected on the property without a primary structure.
(4)
Vacant lots in the Residential-1 (R-1) and Residential-2 (R-2) Zoning Districts, located in the Special Flood Hazard Area shall have a principal use for private-use camping established by conditional use permit prior to an accessory structure being located on the property.
[Added 5-21-2013]
[Added 9-18-2018]
A.
The agritourism activity is subject to the requirements of Warren County Code § 180-65 regarding permits.
B.
All exterior lighting must consist of full cut-off fixtures and be in compliance with § 180-49.2 of the Zoning Ordinance.
C.
Any parking space(s) designated for handicap access shall be connected to a paved or otherwise hard-surfaced travelway, sidewalk or path of sufficient width to facilitate the maneuverability and operation of a wheelchair connecting the parking space(s) to and from all buildings which guests of the agritourism activity are authorized to visit.
D.
The agritourism activity must be in compliance with the Warren County Health Department and other applicable state and local agencies.
A.
No application shall be considered unless it is accompanied by 15 copies of a plan drawn to scale showing the proposed location of the airport; boundary lines, dimensions, names of owners of abutting properties, proposed layout of runways, landing strips, taxi strips, aprons, roads, parking areas, hangars, structures and facilities; the location and height of all structures, trees and overhead wires falling within the airport approach zones and less than 500 feet horizontally and 1,000 feet longitudinally from the proposed runway; and other pertinent information, including but not limited to topography and grading plan, drainage, water and sewerage. Copies of the plan shall be forwarded to the Federal Aviation Administration and the Virginia Department of Aviation for comment and recommendation on the following:
(1)
Area sufficient to meet requirements of the Federal Aviation Administration and Virginia Department of Aviation for the class of airport proposed.
(2)
Existing flight obstructions such as towers, chimneys or other tall structures or natural obstructions outside the proposed airport which fall within the airport imaginary surfaces or instrument approach zones to any of the proposed runways or landing strips of the airport. See Article IV, § 180-29, Airport Overlay (AO) District.
(3)
Sufficient distance between the end of each usable landing strip and the airport boundary to satisfy the requirements above. Where air rights or easements have been acquired from the owners of properties abutting the approach zones, satisfactory evidence thereof shall be submitted with the application.
B.
In addition to the foregoing, the following requirements shall be met:
(1)
No runway or heliport area shall be located nearer than 500 feet horizontally or 1,000 feet longitudinally to any adjoining property. No hangar or aircraft storage shall be located nearer than 200 feet to any adjoining property.
(2)
Any rooftop surface or touchdown pad which will be utilized as an elevated heliport shall be designed and erected in a manner sufficient to withstand the anticipated stress.
(3)
All maintenance, repair and mechanical work, except that of an emergency nature, shall be performed in enclosed buildings.
(4)
All facilities shall be located and designed so that operation thereof will not materially or adversely affect adjacent areas or the quality of life therein.
(5)
No area used by an aircraft under its own power shall be located within a distance of 500 feet of any residential structure on any adjoining property.
(6)
All areas used by an aircraft under its own power shall be provided with a reasonably dust-free surface.
No flight strip, heliport, hangar or aircraft storage area shall be located nearer than 500 feet to any residential structure or any adjoining property. Commercial activities and private clubs are expressly prohibited.
Outdoor display of merchandise shall be permitted only during business hours. Off-street parking shall be provided and shall be screened if located adjacent to residential lots or districts.
[Added 11-15-2016]
A.
Intent: to allow the keeping of chickens on a residential zoned lot for non-commercial purposes. The goal of the permit and regulations is to protect the residential integrity of the surrounding community and the health and safety of the residents and the domestic backyard chickens.
B.
The backyard keeping of chickens shall be subject to certain requirements as set forth below:
(1)
No more than the following number of chickens (domestic female hens) shall be allowed on a lot or contiguous lots under the same ownership. The backyard chickens are only permitted as an accessory use to the single-family dwelling.
(2)
Roosters, guinea fowl, turkeys, ducks, and peacocks are prohibited.
(3)
Chickens shall not be allowed to roam free and shall be kept in a stationary or portable pen or coop at all times.
(4)
Renters of property shall obtain written permission from the property owner or property management company prior to requesting a permit.
(5)
Chicken pens and coops shall be set back a minimum of 20 feet from the dwelling, a minimum of 25 feet from the adjacent property lines, and be located in the side or rear yards.
(6)
Pens and coops shall not be located within 30 feet of private wells, stormwater drainage areas, perennial streams and springs.
(7)
All feed for the chickens shall be kept in secure containers and locations so as to deter rodents and other animals. The containers shall have tight-fitting lids and be secured to the containers with rope or cords and be located within a structure not accessible to other animals.
(8)
The sale of goods or services relating to the chickens is prohibited.
(9)
A management plan shall be submitted to the Planning Department. It shall be approved by the Virginia Cooperative Extension Office agent and shall address all aspects of the keeping of chickens to include:
(a)
A site sketch showing setbacks to the dwelling and property lines and dimensional criteria for the pen and coop.
(b)
Biosecurity measures.
(c)
Chicken litter disposal and odor control.
(d)
Cleaning and maintenance schedule for the pen and coop.
(e)
Number of chickens.
(f)
Feed storage and location.
(10)
A zoning permit shall be required for the use and shall be reviewed on an annual basis. Conditions of approval may be required as part of the zoning permit based on the management plan or on other recommendations from the Virginia Cooperative Extension Office.
The Zoning Administrator may issue a permit for such use for a period of five years and renewable for five-year periods thereafter, provided that:
A.
Approval for such use has been obtained from the Warren County Building Official. The Building Official shall thereafter inspect the premises at his discretion to ensure continued compliance with applicable laws and regulations.
B.
Approval has been obtained from the Virginia Department of Health.
No commercial recreational activity which is evident to or visible from an adjacent residential district and which has the potential of adversely affecting the use and enjoyment of properties within said residential district shall be permitted.
No grave, mausoleum or other interment site shall be located within 100 feet to a potable water source. Fee simple ownership of land used for interment of bodies shall be required. The section of a proposed location set aside for interment shall be free of all financial encumbrances and after approval of a proposed location it shall be unlawful to encumber any section thereof in which interments have been made or any section which is set aside for interments. These provisions shall not apply where cremated remains are stored.
Proposed sites for such activities shall have direct access to a major street or highway, be of a size and shape appropriate for the proposed use and be dimensioned or located in such a way as to provide spatial or other buffering to protect adjacent development from potentially adverse effects. A plan shall be provided for safe and convenient parking, circulation and ingress/egress to adjacent streets and highways. In cases where the location and extent of such activity is similar on a year-to-year basis, the Board may provide for annual renewals by the Zoning Administrator.
[Added 1-16-1996; amended 10-18-2011; 8-18-2020]
A.
Statement of intent. These provisions are intended to ensure that camping in major recreational vehicles and the parking, storage and use of major recreational equipment is conducted in a safe and healthful manner.
B.
For the purposes of this section, the term "major recreational equipment" shall include "major recreational vehicles."
C.
Parking, storage and use of major recreational equipment in residential districts. The following regulations shall apply to major recreational equipment in residential districts:
(1)
No major recreational equipment shall be used for living, sleeping or other occupancy when parked or stored on a residential lot or in any other location not approved for such use.
(2)
Major recreational equipment not parked or stored in a garage, carport or other building. All major recreational equipment shall be located at least three feet from all buildings and shall not be located in any front yard, except in a driveway, perpendicular to the street and a minimum of 10 feet from the right-of-way.
D.
Limitation on parking and storage of inoperative major recreational equipment. No more than one inoperative major recreational equipment item shall be parked or stored outdoors on any lot or combination of contiguous lots under one ownership.
E.
Use and location of major recreational vehicles where permitted.
(1)
The placement of major recreational vehicles on vacant lots shall comply with the established setbacks of the respective zoning district.
(2)
Major recreational vehicles shall not be used as a permanent dwelling but as temporary living quarters for recreational camping, travel or seasonal use.
(3)
Major recreational vehicles shall not be used for storage facilities.
F.
Parking, storage and use of major recreational equipment within the special flood hazard area (SFHA). The following regulations shall apply to major recreational equipment within the SFHA:
(1)
Be on site for less than 180 consecutive calendar days in any one year, be fully licensed and ready for highway use.
(2)
The major recreational equipment is ready for highway use if it is on its wheels or jacking system, attached to the site by only quick disconnect-type utilities and securities and has no permanently attached additions.
(3)
The parking and storage of inoperative major recreational equipment shall be prohibited.
[Added 1-20-1998; amended 3-21-2006]
The regulations established in this section are intended to permit greater flexibility and consequently more creative and imaginative designs for the development of detached, single-family dwellings in the Agricultural District. The following standards are required for cluster housing developments in the A-1 District:
A.
Cluster housing development shall be designed in accordance with the purpose and intent of the Zoning Ordinance as outlined in § 180-2.
B.
The minimum area required for the creation of a cluster housing development shall be 10 contiguous acres.
C.
Lots in cluster housing developments shall be served by a newly dedicated street designed to meet the standards for acceptance in the state highway system or meeting the standards for acceptance into such system. In no instance shall lots in a cluster housing development have direct access to or from an existing road in the state highway system.
E.
A certain amount of the cluster housing development shall either be preserved in open space, as defined in § 180-8C of this chapter, or subject to a perpetual easement preserving it in agricultural and/or forestal uses. Such perpetual easement shall be deeded to Warren County and shall prevent future development of the property for other than nonstructural agricultural and forestal uses. Nothing in this section shall preclude the construction of best management practices installed pursuant to a farm plan prepared by the Natural Resources Conservation Service, any Virginia state agency or the Lord Fairfax Soil and Water Conservation District. Specific requirements are as follows:
F.
Management of open space.
(1)
All open space shall be preserved for its intended purpose as expressed on the plat.
(2)
When a property owners' association is to administer open space and other facilities through an association, nonprofit corporation, trust or foundation, said organization shall conform to the following requirements:
(a)
The developer must establish the organization in accordance with law, and such organization shall be in good standing prior to the sale of any property and shall remain in good standing thereafter.
(b)
Membership in the organization shall be mandatory for all residential property owners, present or future, within the development.
(c)
The organization shall manage all open space and recreational and cultural facilities; shall provide for the maintenance, administration and operation of said land and improvements and any other land within the development; and shall secure adequate liability insurance on the land.
(d)
The organization shall conform to the Virginia Property Owners' Association Act, Code of Virginia (1950), as amended.
[Amended 6-4-2024]
A.
Intent. These provisions are intended to ensure that recreational vehicles and tents within campgrounds are operated in a safe and healthful manner.
B.
Status/requirements.
(1)
Campgrounds are subject to conditional uses permitted only in specifically named zoning districts. Except as otherwise provided in this chapter, a recreational vehicle used for dwelling purposes outside of a legally established and operated campground shall constitute a violation of this chapter.
(2)
In addition to conditional use requirements, campgrounds are subject to the site plan requirements of this chapter. Notwithstanding other site plan requirements of this chapter, site plans for campgrounds shall be drawn to a scale of not less than one inch equals 20 feet, shall be sufficient for the Zoning Administrator to determine that regulations of this chapter can and will be satisfied and shall include information describing surrounding land use, zoning, topography and vegetation. Site plans shall indicate all proposed streets, utilities and structures with specifications to indicate compliance with the provisions of these regulations.
(3)
A fire safety plan for the campground shall be approved by the Warren County Building Official prior to issuance of a certificate of zoning. The fire safety plan shall be posted in a visible location at each camping unit. A fire extinguisher shall be made available at each camping unit, and the fire extinguisher locations shall be identified in the fire safety plan.
C.
Standards.
(1)
Density standards.
(a)
No campground shall contain more than 100 nor fewer than five camping unit spaces. The minimum unit space area shall be 1,800 square feet. The density of spaces provided for units shall not exceed 15 spaces per gross campground acre and no one acre shall exceed 20 camping unit sites.
(b)
The minimum area required for application and institution of a campground shall be 10 contiguous acres.
(2)
Proximity standards. Camping units shall be separated from each other and from other structures by a minimum of at least 20 feet. For purposes of this separation requirement, any accessory structure such as attached awnings, carports or individual storage facilities shall be considered a part of the camping unit. For tent camping units, the minimum separation of 20 feet shall be measured from the boundary of the unit to the nearest point of the boundary of the adjacent camping unit.
D.
General requirements.
(1)
Hazardous conditions.
(a)
Condition of soil, groundwater level, drainage or topography shall not create hazards to the property nor to the health or safety of the occupants.
(b)
Camping unit sites shall be well drained and shall not be exposed to objectionable fire pits, noise, odors, subsidence, erosion or other adverse conditions. A copy of Chapter 123 of the Warren County Code relative to noise must be posted at each camping unit site at all times.
(c)
Unless otherwise permitted by this chapter, the discharge of firearms by campers shall be prohibited.
(2)
Other vehicles. The recreational use of gasoline-powered motor bikes, trail bikes, motorcycles, all-terrain vehicles and similar vehicles within a campground is hereby prohibited, unless permission has been specifically granted in conjunction with the conditional use permit approval. The recreational use of electric-powered bikes, golf carts, and similar vehicles within a campground is permitted.
(3)
Access. Campgrounds shall be located on a parcel that fronts upon and has access to a state-maintained road, and the entrance to the property shall have Virginia Department of Transportation (VDOT) approval for this type of use.
(4)
Internal roads. Roads shall be constructed of a dust-free surface which is adequate for the types of vehicles to be accommodated and shall be approved by Planning Department staff. Campgrounds consisting of only tent camping units may have internal roads constructed with gravel or similar materials only if recreational vehicle camping units are disallowed in the conditional use permit.
E.
Design standards.
(1)
Trees. At least 75% of the developed camping unit spaces shall be within areas sufficiently wooded to provide adequate shade for the unit space and camouflage from public view.
(2)
Buffer. In designing the campground, the applicant shall provide a minimum of 50 feet of undeveloped land along the total perimeter of the proposed site.
(3)
Dust control. Exposed ground surfaces in all parts of campgrounds shall be paved or covered with crushed stone or gravel or protected with a vegetative growth that is capable of preventing soil erosion and eliminating objectionable dust. The type of ground surface cover shall be identified in the site plan and approved by Planning Department staff.
(4)
Commercial sites. Sites for structures which will serve as commercial convenience centers shall be no larger than 10% of the total campground or one acre whichever is the lesser.
(5)
Refuse disposal. Refuse collection receptacles shall be provided in the amount of one refuse collection receptacle for every five camping unit sites. Such receptacles shall be emptied at least twice weekly, and all refuse shall be transported from the campground and disposed of in accordance with all applicable state and County laws and regulations.
F.
Sanitary facilities.
(1)
Service buildings. Each campground shall be provided with one or more service buildings which contain an adequate number of toilet and sanitary facilities. Such service buildings shall be constructed in accordance with the adopted Building Code[1] for Warren County and applicable state regulations governing campgrounds and such facilities.
(2)
Stations required. Unless recreational vehicle camping units are disallowed in the conditional use permit, each campground shall provide sanitary station(s) for the adequate and safe disposal of sewage from RV holding tanks. Such stations shall be constructed in accordance with the adopted Building Code[2] for Warren County and applicable state regulations. A minimum of one station shall be provided for each 100 camping unit spaces.
(3)
Screening. Sanitary stations shall be screened from other activities by visual barriers such as solid fences or walls or landscaping and shall be separated from any camping unit space by a distance of at least 50 feet.
(4)
Portable toilets. In no case shall portable toilets be permitted within a campground.
[Amended 5-30-1995]
A.
Commercial garages shall be screened from view of any adjacent residential district or residential use on an adjacent lot by means of a combination of evergreen landscaping and solid fencing with a minimum height of six feet and with the landscaping located nearest the affected lot.
B.
Commercial garages shall be located on a lot or parcel adjacent to and have access to a state-maintained road.
C.
The owner of the commercial garage shall prepare a statement stating how the environment will not be degraded by the following aspects:
D.
All associated materials for the operation of the garage shall be stored within a fully enclosed building.
E.
A statement describing the need for a commercial garage at the particular site indicated in the application.
F.
A sketch of the parcel showing all the following information:
(1)
The location of the commercial garage.
(2)
All other buildings (house, outbuildings, storage buildings and similar structures).
(3)
Proposed and existing parking areas.
(4)
Septic tank and drainfield location.
(5)
Well location.
(6)
All other prominent features on the property.
(7)
Setback distances between all the features above shall be shown in feet.
G.
Separation between all buildings shall be of a sufficient distance as to provide adequate fire protection.
H.
When combined with a residential dwelling in the following zoning districts: Agricultural (A) and Village Residential (VR), the following additional regulations apply:
[Amended 1-17-1995; 8-23-2022]
No commercial recreational activity shall be permitted which is evident from adjacent residential districts and which has the potential of adversely affecting the use and enjoyment of properties within said residential districts.
A.
The minimum acreage for commercial recreational structures and uses shall be two acres.
B.
Proposed sites for such activities shall have direct access to a major street or highway.
C.
Proposed sites for such activities shall be of a size and shape appropriate for the proposed use and be dimensioned or located in such a way as to provide spatial or other buffering to protect adjacent development from potentially adverse effects.
D.
A plan shall be provided for safe and convenient parking, circulation and ingress/egress to adjacent streets and highways. This plan shall show the proposed number of parking spaces, aisle widths, the locations of aisles and the location of entrances/exits.
E.
All commercial recreational structures and uses shall not produce sound levels which exceed 60 decibels during hours of operation at the nearest property line.
G.
The hours of operation and frequency of operation shall be proposed by the Planning Commission and set by the Board of Supervisors.
H.
As an accessory use to an outdoor recreation operation, an indoor component may be permitted, provided that the indoor activity is the same use as the outdoor activity and the indoor facility does not exceed a cumulative 10,000 square feet in size.
[Added 9-19-1995]
A.
Statement of intent. This section describes regulations for confined feeding operations which are permitted by right in the Agricultural District.
B. CONFINED FEEDING OPERATION LIVESTOCK NUTRIENT POULTRY RECREATIONAL POND OR LAKE
Definitions. As used in this section, the following terms shall have the meanings indicated:
A structure for the exclusive occupancy of livestock or poultry which are not permitted to graze, roam or exercise outside of the structure. Within this definition are poultry houses, hog houses, hog lots and similar operations, as well as all accessory uses and/or structures pertinent to the feeding operation including feed storage bins, litter storage sites, incinerators, disposal pits and cold storage chests.
Animals raised for use, profit or enjoyment, including horses, ponies, buffalo, cattle, sheep, goats, hogs and other similar domesticated animals related to agricultural pursuits.
Livestock and/or poultry excrement, litter and/or waste.
Includes all domestic fowl and game birds raised in captivity.
Any pond or lake which is used for fishing, boating, swimming or any other recreational activity.
C.
Every confined feeding operation initiated after the enactment of this section (September 19, 1995) shall be located no closer than:
(1)
Six hundred feet to any structure designed to be occupied as a residence, excluding any residence owned by the applicant desiring to establish a confined feeding operation.
(2)
Six hundred feet to any residential zoning district, school, church, community center or commercial business establishment or industry or any other structure designed for public occupancy.
(3)
One thousand feet to any boundary of a town within the County.
(4)
One hundred feet to any adjacent property where existing agricultural operations are being pursued.
(5)
Two hundred feet to any primary highway, secondary highway, roadway or other right-of-way for passage.
(6)
Three hundred feet to any recreational pond, lake, river, creek, spring, reservoir or any public or private water supply system, including but not limited to wells or cisterns.
D.
All confined feeding operations shall be built on a parcel or adjoining and contiguous parcels of 10 acres or more under a single ownership. In addition thereto, the applicant shall meet all other requirements of this section.
E.
Limitations on number of confined feeding operations. No more than three confined feeding operations, as defined in this section, built on a parcel or adjoining parcels under a single ownership, shall be constructed within a period of one year. For the purpose of this section and for the purpose of not circumventing the intent of this section, any member of a family living in the same household or of a firm, corporation, partnership or other business entity who has a substantial financial interest in such shall not be allowed to construct more than three confined feeding operations within any one-year period.
F.
Plat required. Each application for a confined feeding operation shall be accompanied by a plat of the entire parcel with location of proposed facility drawn to scale and in sufficient detail to show that the proposed confined feeding operation meets all applicable setback requirements of this section and showing the direction and distances to nearest residences, adjacent zoning districts, platted residential subdivisions, rural service areas, mobile home parks, public schools, recreation areas, wells, springs and water intakes listed under other setbacks.
G.
Filing of nutrient management form. A confined feeding operation shall file with the Zoning Administrator a nutrient management form containing the following information, prior to obtaining a certificate of zoning and/or a building/agricultural permit:
(1)
Number of animals or poultry to be raised per year.
(2)
Number of tons of animal or poultry waste to be generated.
(3)
Number of tons of animal or poultry waste to be removed from the confined feeding operation premises to areas outside of the County of Warren.
(4)
Description of use of animal or poultry waste in the County of Warren, Virginia, including number of tons of waste to be applied to number of acres of land.
H.
Plan for nutrient storage site.
(1)
An application for a confined feeding operation shall contain a plan for the nutrient storage site which shall satisfactorily demonstrate that the nutrient storage site:
(a)
Is located on an impermeable base.
(b)
Is out of all drainageways.
(c)
Is protected from the elements.
(d)
Has sufficient capacity to accommodate 100% of the waste produced by the operation on the parcel during the time in which the maximum number of cleanouts of such facilities may occur.
(e)
Is located on the same parcel as the facility to which it is an accessory use.
(f)
Meets the setback requirements of this chapter.
(g)
Is protected from the elements.
(2)
There shall be two copies of the plan submitted to the Zoning Administrator. The Zoning Administrator will forward one of those copies to the Lord Fairfax Soil and Water Conservation District or the United States Department of Soil Conservation to review the proposed plan for nutrient storage. Upon review and approval of the plan, a certificate of zoning will be issued for the confined feeding operation.
I.
Waste shall not be stored closer to homes (other than the owner's) than the setback requirement of 600 feet. Dead birds or animals shall be removed from the waste according to all applicable laws and regulations prior to storage.
[Added 7-15-2008]
Where allowed, country general stores shall meet the following requirements:
A.
Not more than 25% of the floor area of the store may be used for food preparation and on-site food consumption.
B.
The country general store must meet all Warren County Health Department regulations and requirements.
C.
The country general store must meet all Virginia Department of Transportation regulations and requirements.
D.
Alcohol may not be served at the store.
E.
The parking requirements for the country general store shall be the same as for a retail store.
F.
The building must comply with all Virginia Uniform Statewide Building Code requirements and receive the proper permits through the Warren County Building Inspections office before the business can open to the public.
G.
Country general stores shall be located on a lot or parcel adjacent to and have access to a state-maintained road.
A.
No such use shall operate without being licensed by appropriate state agencies as a child-care center or adult day-care center. It shall be the responsibility of the owner/operator to transmit to the Zoning Administrator a copy of the original license and all renewals thereafter and to notify the Zoning Administrator of any license expiration, suspension or revocation within three days of such event. Failure to do so shall be deemed willful noncompliance with the provisions of this chapter.
B.
Periodic inspection of the premises shall be made by the Warren County Building Official. Failure to promptly admit the Building Official for such inspection shall be deemed willful noncompliance with the provisions of this chapter.
C.
These provisions are supplementary and nothing stated herein shall be deemed to preclude application of the requirements of the Virginia Department of Welfare, Virginia Department of Health, Virginia State Fire Marshal or any other local, state or federal agency.
[Added 7-21-2015]
A.
Agricultural products which are used by the distillery in the manufacture of its alcoholic beverages other than beer and wine are grown on the farm.
B.
The distillery shall be limited to 10 seats.
C.
The hours of operation for the distillery shall be between 9:00 a.m. and 5:00 p.m.
D.
The distillery shall be located on a lot or parcel adjacent to a state-maintained road.
E.
The distillery shall have no more than 3,000 square feet of floor area, for the production and packaging of alcoholic beverages other than beer or wine for retail sale and for the tasting or consumption of alcoholic beverages other than beer or wine.
F.
The operation shall be in compliance with all Virginia Department of Health and Virginia Department of Transportation regulations and requirements.
G.
The distillery shall receive approval and meet the requirements of the Warren County Building Inspections Department.
H.
The distillery shall be in compliance with all Alcohol Beverage Control laws and regulations.
A.
Dwellings in industrial districts are allowed only for occupancy by guard or caretaker.
B.
Such dwellings may be located individually or in the same structure as the industrial use subject to Warren County Building Official and/or Fire Official approvals.
[Amended 2-17-2009]
C.
Not more than one dwelling shall be permitted per business establishment.
[Added 8-19-2003]
Where allowed, self-service storage facilities shall meet the following requirements.
A.
Materials stored shall not be used or sold within the self-service storage facility. No commercial activities of any kind shall occur within the facility. No repair of vehicles, furniture, or other materials or equipment shall occur within the facility. Signs shall be posted within the facility describing such limitations.
B.
No storage of hazardous, toxic or explosive materials shall occur in the self-service storage facility. Signs shall be posted within the facility describing such limitations.
C.
The maximum size of any individual storage space or unit in a self-service storage facility shall be 500 square feet.
D.
The self-service storage facility, including loading areas and all storage areas, shall be totally enclosed by structures or by an eight-foot-high opaque wall or fence. Such fences shall be set back at least six feet from property boundaries. Landscaping shall be provided in such setback areas, including trees and shrubs.
E.
All storage shall be within an enclosed structure, unless otherwise approved by the Board of Supervisors through the issuance of a conditional use permit. The storage of personal vehicles associated with household use within areas enclosed by the wall or fence may be permitted by condition.
F.
For storage units that open to the outdoors, a twenty-foot-deep loading aisle or space shall be provided adjacent to each unit. Such loading aisles shall be separate from driveways used for internal circulation.
G.
Before a site plan is approved for a self-service storage facility, a copy of the lease agreement shall be submitted to the Zoning Administrator for review and approval to ensure that the limitations described in this section have been included in the lease agreement.
H.
Self-service facilities shall not include portable storage containers, shipping containers and/or tractor trailers.
[Added 3-18-2008]
A.
Definition of intent. For the purposes of this chapter, "extractive industries" are defined as the commercial removal from a site of natural accumulations of sand, rock, soil, gravel, gems, oil, gas or any other natural resource. It is intended that the public interest be protected by regulations assuring that both present and future results of such removal do not create effects adverse to the public health, safety, comfort or convenience or damaging to the value of surrounding property. It is therefore required that plans be submitted covering both the exploitation phase, in which removal is being conducted, and for leaving the land in a condition suitable for reuse.
B.
Location. Location shall be appropriate to existing developments and to developments likely to occur during the exploitation phase, so as to prevent hauling or transporting through developed residential areas or areas likely to be developed for residential use while products are being removed.
C.
Operational requirements.
(1)
Operations as proposed at the location shall not create traffic hazards nor the need for special public improvements or special public maintenance of streets, bridges, drainage or flood control works or other facilities, nor the need for special protection, repair or maintenance of adjacent private property.
(2)
The site shall be of sufficient size and dimensions to accommodate proposed operations in accordance with performance standards as set forth in state regulations. Blasting operations shall be restricted to Monday through Friday between 8:00 a.m. and 5:00 p.m. Creation of undrained pockets and stagnant pools shall be avoided and any such pockets or pools created shall be eliminated by the operating company or individual. Off-street parking areas adequate for all employees' vehicles and trucks shall be provided.
D.
Development plan: exploitation phase.
(1)
The development plan for the exploitation phase shall show the stages of the proposed development in relation to surrounding property within 300 feet or such greater distance as may be required by the Planning Commission. It shall include topographic surveys indicating present conditions (including drainage) and the conditions (including topography, drainage and soils) to be left at the end of the exploitation phase. Contour intervals for topography shall be five feet in areas where general slope is greater than 10% and two feet in areas where general slope is 10% or less.
(2)
This development plan shall demonstrate the feasibility of the proposed operation without hazards or damage to other properties by reason of increased flooding or undesirable rise or fall in groundwater levels, erosion caused by increased rate of flow or redirection of flow in flood channels, deposits of debris from flood or erosion, excessive slopes remaining at cuts or fills or undermining or creation of settlement in adjoining areas. This plan shall also show important locational aspects of the stages of exploitation, where and how traffic to, on and from the development will be handled, where equipment will be operating, the location and dimension of structures, the manner in which appropriate safeguards will be provided, including those for preventing access by children and other unauthorized persons to dangerous areas and the like. The final stage of this plan shall indicate how the project is to be finished in accordance with the plan for reuse.
E.
Plan for reuse. The plan for reuse shall show property, in its entirety, returned to a state suitable for reuse for purposes permissible in the district, relating such reuses to uses existing or anticipated for surrounding property. Among items to be included in such plan are feasible circulation patterns in and around the site, treatment of exposed soil or subsoil (including measures to be taken to replace topsoil and/or establish vegetation in excavated areas) in order to make the property suitable for the proposed reuse, treatment of slopes to prevent erosion and delineation of floodways and floodplains (if any) to be maintained in open usage. In such plan for reuse, where conditions are suitable, permanent lakes may be permitted but intermittent lakes and marshes shall not be allowed except within either floodplain areas or agricultural districts.
[Added 3-15-2022]
A.
Statement of intent. This section describes regulations and definitions for family day homes, which are permitted in the Residential and Agricultural Zoning Districts if the use is approved by the Zoning Administrator through the administrative process set forth in this section. The operation of a family day home may occur as a subordinate use to a residence, provided the following supplemental regulations are met after said use is approved by the Zoning Administrator.
B. CHILD-CARE FACILITIES CHILD-CARE SERVICES EXEMPT FAMILY DAY HOME LICENSED FAMILY DAY HOME VOLUNTARILY REGISTERED FAMILY DAY HOME
Definitions. As used in this section, the following terms relating to family day home shall be defined as follows:
Includes any commercial or residential structure that is used to provide child-care services.
Provision of regular care, protection and guidance to one or more children not related by blood or marriage while such children are separated from their parent, guardian or legal custodian in a dwelling not the residence of the child during a part of the day for at least one day of a calendar week for compensation.
Any family day home not required to be licensed by the Virginia Department of Social Services (VDSS). An exempt family day home where the children in care are all related to the provider biologically, by adoption or by marriage shall not be required to be licensed unless they include four children under the age of two. These homes have four or less children in care, not including the provider's own children or any that reside in the home. Any family day home that meets the exemption provisions for child day programs of the Code of Virginia.
A child day program offered in the residence of the provider or the home of any of the children in care serving five through 12 children under the age of 13, exclusive of the provider's own children whether biological, by-marriage or adopted and any children who reside in the home, and when at least one child receives care for compensation. The licensed family day home shall require a certificate of zoning to be issued after meeting all requirements of the supplementary regulations identified in § 180-46.1.
Any family day home not required to be licensed by the Virginia Department of Social Services (VDSS) but that has met the standards for voluntary registration with VDSS for such homes pursuant to regulations adopted by the agency and has obtained a certificate of registration. These homes have four or less children in care, not including the provider's own children or any that reside in the home.
C.
Application process. A resident of Warren County who wishes to operate a licensed family day home as defined in Warren County Code § 180-46.1B shall submit an application requesting a zoning permit to the Zoning Administrator. The applicant shall also submit a sketch plan showing the locations for parking, ingress/egress, child pick-up and drop-off zones to the Zoning Administrator with the application.
D.
Public notification and request for comments. After receiving an application for a licensed family day home zoning permit, the Zoning Administrator shall notify each adjacent property owner via registered or certified letter that an application has been submitted. Adjacent property owners shall have 30 days from the date the letter is sent to submit an objection to the application to the Zoning Administrator for his consideration. Additionally, the Zoning Administrator shall request comments from a representative of the Virginia Department of Social Services, Virginia Department of Health, Virginia Department of Transportation, the Warren County Fire Marshal and the County Building Official regarding the proposed use.
E.
Review of application and issuing approval or denial of zoning permit. The Zoning Administrator shall review all applications seeking a zoning permit for a licensed family day home. The Zoning Administrator must consider any and all objections submitted by adjacent property owners as well as all comments submitted by local or state agencies.
(1)
The Zoning Administrator shall issue the zoning permit once the following has been met:
(2)
The Zoning Administer may issue the zoning permit once the following has been met:
(a)
The Zoning Administrator has considered all written objections submitted by any adjacent property owner within 30 days as set forth in Warren County Code § 180-46.1D; and
(b)
The County has received all local and state agencies comments and the applicant has met all of the requirements identified by the local and state agencies and approved by the Zoning Administrator as required; and
F.
Appeal process. In the event the Zoning Administrator denies the applications for a licensed family day home, the applicant may ask to have the application considered first by the Planning Commission then by the Board of Supervisors according to the process set forth in Code of Virginia, § 15.2-2204.
G.
State and local agency compliance. The applicant shall meet all requirements identified through comments by local and state agencies for licensed family day homes prior to being issued a certificate of zoning for the applicant's Warren County business license.
H.
State licensure for licensed family day homes. After a zoning permit has been issued, the owner or operator shall maintain the required licensure from the Virginia Department of Social Services to operate the licensed family day home. The owner or operator of the family day home shall provide a copy of the license to the Zoning Administrator within 30 days of issuance. Failure to provide a copy of the license to the Zoning Administrator shall be deemed to be noncompliant with the provisions of this chapter and could subject the owner or operator to revocation of the zoning permit.
I.
Traffic access, parking, entrance and egress. There shall be a minimum of one parking space for the owner and one for each additional nonresident employee and one space for every four children. Failure to comply with this provision shall be deemed to be noncompliant with the provisions of this chapter and could subject the owner or operator to revocation of the zoning permit.
J.
Property appearance and signage. There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of such family day home other than one nonilluminated sign. Maximum sign area: two square feet. Failure to comply with this provision shall be deemed to be noncompliant with the provisions of this chapter and could subject the owner or operator to revocation of the zoning permit.
K.
Inspections by VA State Department of Social Services, Health Department and Warren County agencies and departments. Agents of the Virginia Department of Social Services, Warren County Health Department, Warren County Planning and Building Inspections Departments shall be authorized to conduct periodic inspections of the family day home, either scheduled or unscheduled. Failure to comply with this provision shall be deemed to be noncompliant with the provisions of this chapter and could subject the owner or operator to revocation of the zoning permit.
L.
Business license. A business license shall be required once a zoning permit has been issued by the Zoning Administrator pursuant to this section. Failure to comply with this provision shall be deemed to be noncompliant with the provisions of this chapter and could subject the owner or operator to revocation of the zoning permit.
M.
Exempt family day homes. Exempt family day homes and voluntarily registered family day homes are considered a by right use and are exempt from the zoning permit process described herein.
N.
Relationship to other laws. These provisions are supplementary, and nothing stated herein shall be deemed to preclude application of the requirements of the Virginia Department of Social Services, Virginia Department of Health, the Uniform Statewide Building Code or any other local, state or federal agency.
O.
Fees. The fees for a licensed family day home shall be assessed to cover administrative costs for notifying the adjacent property owner(s) by registered mail and the fee for the certificate of zoning as identified in the Planning Department Fee Schedule. The applicant shall pay the assessed fees at the time their application is submitted. In the event the Zoning Administrator denies the licensed family day home zoning permit, the applicant shall pay any and all costs related to the applicant's request for a public hearing with the Board of Supervisors. The fees for voluntary registered family day homes shall be the standard fee required for a certificate of zoning for a home occupation in order to apply for a business license as identified in the Planning Department Fee Schedule.
[Added 7-20-2004; amended 5-19-2009; 11-17-2015]
Where allowed, farm wineries shall meet the following requirements:
A.
The following uses, events and activities are permitted at a farm winery:
(1)
The production and harvesting of fruit and other agricultural products and the manufacturing of wine;
(2)
The on-premises sale, tasting, or consumption of wine during regular business hours within the normal course of business of the licensed farm winery;
(3)
The direct sale and shipment of wine by common carrier to consumers in accordance with Title 4.1 and regulations of the Alcoholic Beverage Control Board;
(4)
The sale and shipment of wine to the Alcoholic Beverage Control Board, licensed wholesalers, and out-of-state purchasers in accordance with Title 4.1, regulations of the Alcoholic Beverage Control Board, and federal law;
(5)
The storage, warehousing, and wholesaling of wine in accordance with Title 4.1, regulations of the Alcoholic Beverage Control Board, and federal law;
(6)
The sale of wine-related items that are incidental to the sale of wine; and
(7)
Private personal gatherings held by the owner of a licensed farm winery who resides at the farm winery or on property adjacent thereto that is owned or controlled by such owner at which gatherings wine is not sold or marketed and for which no consideration is received by the farm winery or its agents differently from private personal gatherings by other citizens.
B.
A farm winery may host usual and customary activities, including, but not limited to, group tours/tastings, private parties, owners' private events, charter tours (i.e., buses, limousines), business meetings, educational seminars, wedding receptions, wedding ceremonies, class/family reunions, showers (i.e., baby, bridal), similar events and activities for nonprofit organizations; and similar events and activities as determined by the Zoning Administrator; provided, however, that a conditional use permit shall be required when more than 100 persons are in attendance at any organized farm winery event.
C.
For Class A farm wineries, at least 51% of the fresh fruits or agricultural products used by the owner or lessee to manufacture the wine shall be grown or produced on such farm and no more than 25% of the fruits, fruit juices or other agricultural products shall be grown or produced outside the commonwealth.
D.
For Class B farm wineries, 75% of the fresh fruits or agricultural products used by the owner or lessee to manufacture the wine shall be grown or produced in the commonwealth, and no more than 25% of the fruits, fruit juices or other agricultural products shall be grown or produced outside the commonwealth. A Class B farm winery license shall only be issued to a person who has operated under an existing farm winery license for at least seven years.
F.
An accessory gift shop shall be permitted. A gift shop shall be defined as any bona fide retail store selling, predominantly, gifts, books, souvenirs, specialty items, collectibles and crafts relating to wine, wine making and associated food/cooking. Such shop shall be a permanent structure where stock is displayed and offered for sale and which has facilities to properly secure any stock of wine.
G.
Restaurants shall not be permitted. Catering shall be permitted as a de minimus use as part of the winery operation. Prepackaged foods such as cheese, meat, and crackers may be offered.
H.
Outdoor amplified music arising from activities and events at farm wineries and measured at the nearest agricultural or residential property line shall not exceed 60 decibels.
I.
(Reserved)
K.
The regular business hours for the farm winery shall be between 9:00 a.m. and 10:00 p.m.
L.
Any parking space(s) designated for handicap access shall be connected to a paved or otherwise hard-surfaced travelway, sidewalk or path of sufficient width to facilitate the maneuverability and operation of a wheelchair connecting the parking space(s) to and from all buildings which guests of the farm winery are authorized to visit.
[Added 3-18-2008]
Firewood processing operations shall meet the following requirements:
A.
The minimum acreage for a firewood processing operation shall be five acres.
B.
Proposed sites for such activities shall be adjacent to and have access to a state-maintained road.
C.
No structure and no storage of lumber, logs, chips or timber shall be located closer than 100 feet to any property line.
D.
The area used for storage of lumber, logs, chips or timber shall meet the screening and buffering requirements of § 180-18.
E.
No such use shall be established closer than 500 feet to any existing residential property line. Operation of such use shall be limited to Monday through Friday between the hours of 7:30 a.m. and 5:00 p.m. unless otherwise stipulated by the Board of Supervisors in the granting of a conditional use permit.
Any such proposed use shall demonstrate that facilities for access and parking will be adequate to minimize adverse impacts on nearby residents. Parking areas and other nonresidential features of the use shall be screened from view of adjoining residential property.
[Added 11-18-2021[1]]
A.
Statement of intent. The regulations for gunsmithing services are intended to protect the residential integrity of the surrounding community and the health and safety of the residents.
B.
Where allowed, gunsmithing services shall meet the following requirements:
(1)
Areas used for the shooting and/or discharge of firearms shall be reviewed and approved by the Warren County Sheriff's Department to ensure safety precautions are met. However, properties located in locations defined in Warren County Code § 177-3 shall be prohibited from shooting of firearms.
(2)
Storage of hazardous, toxic, explosive, flammable materials shall meet local, state, and federal requirements.
(3)
Business owner shall obtain all local, state, and federal licensing and permits to operate commercial gunsmithing services.
(5)
On-site parking shall be provided for customers.
(6)
The hours of operation shall be specified in the conditional use permit.
(7)
When combined with a residential dwelling, the following additional regulations shall apply:
(a)
No person other than members of the family residing on the premises shall be engaged in such activity.
(b)
All customer service and sales shall be on an appointment-only basis.
(c)
Activity may be conducted in dwelling or in accessory structure; however, the business shall only occupy an area equal to, or less than, 25% of the floor area of the principal dwelling, regardless of structure containing the business.
(d)
There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of such activity other than one nonilluminated sign. Maximum sign area: two square feet.
(e)
If the property is located within a subdivision governed by an HOA/POA, the owner and the Planning Department shall notify the HOA/POA of the request to operate the commercial gunsmithing services. If the Planning Department receives no written response from the HOA/POA within 30 days of the date of sending the letter, the request for HOA/POA comments shall be considered complete.
[Added 10-17-1995]
The intent of the home enterprise is to provide for small-scale service establishments which are not located within the residence. Such operations are clearly incidental and subordinate to the principle residential use permitted on the parcel.
A.
The Administrator shall determine if a requested use can classify as a home enterprise.
B.
All products and services will be provided on an appointment basis only.
C.
The minimum acreage for home enterprises shall be one acre.
D.
Home enterprises are to be conducted entirely inside a permitted accessory structure located on the same parcel as the applicant's dwelling. The accessory structure must meet the requirements of the State Building Code[1] for the use classification associated with the home enterprise. All materials associated with a home enterprise shall be stored entirely inside the accessory structure.
E.
The accessory structure shall be located a minimum of 25 feet from the existing dwelling unit on the parcel.
F.
There shall be no more than two employees, other than family members or the applicant, associated with a home enterprise.
G.
Septic disposal facilities shall meet the requirements of the Warren County Health Department.
H.
Accessory structures used for home enterprises shall not exceed 600 square feet in size nor be more than 12 feet in height.
I.
Only one sign may be used with a home enterprise. The sign shall not exceed two square feet in size.
J.
Parking requirements shall be one for each outside employee other than family members or the applicant and one per 200 square feet of the accessory building. All other applicable requirements for off-street parking shall apply.
K.
Commercial garages, motor vehicle repair, small engine repair, tourist lodging, nursing homes, nursery schools, day-care centers, private schools, commercial recreational facilities and similar operations shall not be deemed as home enterprises.
[Amended 9-21-1999]
Minimum lot area required for a motel or hotel shall be 750 square feet per lodging unit exclusive of proprietor's dwelling, common areas (restaurant, lobby, swimming pool, etc.), office and accessory building(s).
[Added 1-15-2013]
A.
Any structure and/or area occupied by animals (runs, training areas, pens and/or dwelling) shall be no closer than 200 feet from any neighboring residence, and set back 100 feet from any property lines.
B.
Any exterior structure and/or area occupied by animals (runs, training areas, pens, etc.) shall be enclosed by a solid fence not less than six feet in height; located within 50 feet of the structure; composed of materials approved by the Zoning Administrator; and installed within 60 days of approval. If individual cages or enclosures are used to separate individual dogs from other animals, the cage shall accommodate no more than one dog and shall be sized to allow adequate space for movement as following: The length and width shall be a minimum of three times the dog's length (nose to tail) and a minimum of four feet high.
C.
Animals shall be confined within an enclosed soundproofed, heated and air-conditioned building from 10:00 p.m. to 7:00 a.m. Noise emitting from the enclosure shall be measured at the nearest property line and shall not exceed 55 decibels.
D.
Animals may be kept outside between 7:00 a.m. and 10:00 p.m. Such noise emitting from animals outside shall be measured at the nearest property line and shall not exceed 60 decibels.
E.
When adjoining a residential use, landscaping separation buffers and screens shall be provided along the property line as described in § 180-18. Such landscaping plan shall be prepared and submitted with the CUP application and installed 90 days after Board approval.
F.
The kennel shall be cleaned of animal waste on a daily basis, double-bagged and disposed of at County collection sites. The kennel floor shall be made of poured concrete and hosed off and disinfected daily.
G.
The total number of dogs, over six months old, shall be determined by lot sizes as follows:
H.
Upon request, the kennel owner shall provide to the Zoning Administrator copies of inoculation and/or vaccination certificate, including rabies, issued for each dog. Additionally, copies of dog licenses are required as noted under Warren County Code § 66-17.
I.
The applicant shall meet all Virginia Department of Transportation, Warren County Health Department and Warren County Sheriff's Office (Animal Control) requirements.
J.
The applicant shall allow agents of the Warren County Planning Department and Warren County Sheriff's Office to inspect the property to ensure compliance.
[Added 1-15-2013]
A.
Any structure and/or area occupied by animals (runs, training areas, pens and/or dwelling) shall be no closer than 200 feet to any neighboring residence and set back 100 feet from any property lines.
B.
Any exterior structure and/or area occupied by animals (runs, training areas, pens, etc.) shall be enclosed by a solid fence not less than six feet in height; located within 50 feet of the structure; composed of materials approved by the Zoning Administrator; and, installed within 60 days of approval. If individual cages or enclosures are used to separate individual dogs from other animals, the cage shall accommodate no more than one dog and shall be sized to allow adequate space for movement as follows: The length and width shall be a minimum of three times the dog's length (nose to tail) and a minimum of four feet high.
C.
Animals shall be confined within an enclosed soundproofed, heated and air-conditioned building from 10:00 p.m. to 7:00 a.m. Noise emitting from the enclosure shall be measured at the nearest property line and shall not exceed 55 decibels.
D.
Animals may be kept outside between 7:00 a.m. and 10:00 p.m. Such noise emitting from animals outside shall be measured at the nearest property line and shall not exceed 60 decibels
E.
When adjoining a residential use, landscaping separation buffers and screens shall be provided along the property line as described in § 180-18. Such landscaping plan shall be prepared and submitted with the CUP application and installed 90 days after Board approval.
F.
The kennel shall be cleaned of animal waste on a daily basis, double-bagged and disposed of at the County transfer station or by a disposal company on a weekly basis. The kennel floor shall be made of poured concrete and hosed off and disinfected daily.
G.
The total number of dogs over six months old shall be determined by lot sizes as follows:
H.
Upon request, the kennel owner shall provide to the Zoning Administrator copies of inoculation and/or vaccination certificates, including rabies, issued for each dog. Additionally, copies of dog licenses are required as noted under Warren County Code § 66-17.
I.
The kennel shall meet all Virginia Department of Transportation, Warren County Health Department and Warren County Sheriff's Office (Animal Control) requirements.
J.
The applicant shall allow agents of the Warren County Planning Department and Warren County Sheriff's Office to inspect the property for compliance.
K.
The applicant will be required to obtain and maintain a Warren County business license.
[Added 1-15-2013]
Boarding kennels shall comply with the supplemental regulations of § 180-48.2, except for Subsection G.
A.
The total number of dogs in boarding kennels shall be determined by lot sizes as follows:
(1)
Agricultural and Rural Residential Districts.
(a)
Lots less than five acres in size shall have no more than 10 individual confinements not to exceed two dogs per cage.
(b)
Lots five acres to less than 10 acres in size shall have no more than 15 individual confinements not to exceed two dogs per cage.
(c)
Lots 10 acres or more in size shall have no more than 25 individual confinements not to exceed two dogs per cage.
[1]
Editor's Note: Former § 180-49, Kennel, was repealed 1-15-2013.
[Added 6-18-1996]
A.
Statement of intent. These requirements are intended to provide for the installation, preservation and maintenance of plant materials that will ensure that all development is consistent with the goals of the Comprehensive Plan relating to natural resources, the environment and land use; promote public health, safety and welfare by improving air quality and reducing dust, glare and noise; provide pervious areas that help to reduce runoff and to recharge groundwater; promote traffic safety by controlling views and defining circulation patterns; conserve energy by providing shade and wind breaks; and provide for the protection of the appearance and value of neighboring properties.
B. ACCESSWAYS AISLE
BERM BUFFER DECIDUOUS ENCROACHMENT EVERGREEN IMMEDIATE ENVIRONS LANDSCAPE PLAN
LANDSCAPING ORNAMENTAL TREE PARKING LOT SCREEN SHADE TREE SHRUBS TREES VINES WOODLANDS, EXISTING
Definitions. As used in this section, the following terms shall have the meanings indicated:
The minimum width shall be 25 feet for two-way vehicular movement and 15 feet for one-way vehicular movement. "Accessways" shall be used to connect adjoining properties which have parking lots.
A vehicular travel lane within a parking lot. Aisles shall be no less than 12 feet for one-way traffic and 20 feet for two-way traffic.
 |
|---|
| Figure 1 |
An earthen mound designed to provide visual interest, screen undesirable views and/or decrease noise. "Berms" shall not have a slope greater than 4 to 1 (see Figure 1).
A combination of physical space and vertical elements, such as plants, berms, fences or walls, the purpose of which is to separate and screen incompatible land uses from each other (see Figure 1).
A plant with foliage that is shed annually.
Any protrusion of a vehicle outside a parking space, display area, aisle, driveway or accessway into a landscaped area.
A plant with foliage that persists and remains green year-round.
A strip of land at least 15 feet wide running parallel to or surrounding a natural feature(s) such as rivers, streams, wetlands, sinkholes or other similar natural features.
A component of a development plan on which is shown proposed landscape species (such as number, spacing, size at time of planting, and planting details); proposals for protection of existing vegetation during and after construction; proposed treatment of paved and unpaved surfaces; proposed decorative features; grade changes; buffers and screening methods; parking lot design; and any other information that can be reasonably required in order that an informed decision can be made by the approving authority (Figure 2).
 |
|---|
| Figure 2 |
Any of the following or a combination thereof: material such as but not limited to grass, ground covers, shrubs, vines, hedges and trees; and nonliving durable material commonly used in landscaping, such as but not limited to rocks, pebbles, sand, walls and fences, but excluding paving.
A deciduous tree planted for its ornamental value or for screening purposes; tends to be smaller at maturity than a shade tree.
Parking spaces shared by more than one dwelling or use, required for use in the commercial or industrial zoning districts, or for any institutional, commercial or industrial use in any zoning district. This definition shall not include those areas required for the parking, storing, loading or unloading of trucks and vans in industrial areas.
A method of reducing the impact of noise and unsightly visual intrusions with less offensive or more harmonious elements, such as plants, berms, fences, walls and/or other appropriate combination thereof (see Figure 1).
Usually a deciduous tree planted primarily for its high crown of foliage or overhead canopy.
Self-supporting, woody, evergreen species, as normally grown in Warren County.
Self-supporting woody plants of species which normally grow to an overall height of a minimum of 15 feet in Warren County.
Plants which normally require support to reach mature form.
Existing trees and shrubs of a number, size and species that accomplish the same general function as new plantings.
C.
Landscape plan required. A landscape plan is required to be submitted and approved by the Zoning Administrator for any commercial, industrial or institutional use or Class C subdivision prior to the issuance of a zoning permit.
D.
Installation. All landscaping materials shall be installed according to accepted good planting procedures. All elements of landscaping, exclusive of plant material, shall be installed so as to meet all other applicable ordinances and code requirements. Landscaped areas shall require protection from vehicular encroachment. The Administrator shall inspect all landscaping, and no certificates of occupancy will be issued unless the landscaping meets the requirements provided herein.
E.
Plant material.
(1)
Quality. Plants used in conformance with provisions of this section shall be obtained from a reputable nursery recognized by the Virginia Nurseryman's Association.
(2)
Trees shall be species having an average mature spread crown of greater than 15 feet in Warren County and having trunks that can be maintained in a limbless condition over the first five feet.
(3)
Trees having an average mature crown of less than 15 feet may be substituted by grouping the same so as to create the equivalent of a fifteen-foot crown spread.
(4)
Immediately after planting, evergreen tree species shall be a minimum of five feet in height, and deciduous tree species shall have a minimum diameter of two inches, when measured from six inches above the ground surface.
[Amended 10-21-1997]
(5)
Tree species whose roots are known to cause damage to public roads and other public infrastructure shall be planted no closer than 12 feet to the right-of-way of such public facilities.
(6)
Shrubs and hedges shall be a minimum of 1.5 feet to two feet in height immediately after planting.
(7)
Hedges, when utilized, shall be planted and maintained so as to form a continuous, unbroken, solid, visual screen within a maximum of three years after time of planting.
(8)
Vines shall be a maximum of 15 inches in height immediately after planting and may be used in conjunction with fences, screens or walls to meet buffer/berm and other physical barrier requirements.
(9)
Ground covers used in lieu of grass in whole or part shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within five years after planting.
(10)
Grass areas shall be planted in species normally grown as permanent lawns in Warren County. Grass areas maybe sodded, plugged, sprigged or seeded. In swales and other areas subject to erosion, sodding may be required. If erosion prevention cannot be obtained or the slope conditions prevent seeding, sodding such high erosion potential areas will be required.
F.
Off-street parking lot design and landscaping. All parking lots in the Commercial and Industrial Zoning District(s), as well as commercial, industrial and institutional uses in any zoning district(s), shall be designed and built to meet the following requirements:
(1)
Design standards.
(a)
Surface materials. All parking lots will be paved with concrete, bituminous concrete or other hard surfacing treatments. Such surface materials shall provide a durable, dust and gravel free, hard-surface. The Administrator may determine that other hard surface materials are appropriate for effective stormwater management and efficient maintenance. In other cases, parking lots shall be paved with a minimum of double prime-and-seal treatment or an equivalent surface.
(b)
Space demarcation. All parking spaces shall be marked by durable painted lines or curbs extending the length of the space. The Administrator may allow appropriate alternative markings. Signs and pavement markings shall be utilized, as necessary, to ensure safe traffic movement and pedestrian access and to designate handicapped parking spaces.
(c)
Curbs and gutters. Concrete or rolled curbing and gutters shall be installed around the perimeter of all parking lots in the commercial and industrial zoning districts. The Administrator may allow the use of concrete bumpers instead of curbing, where such uses comply with the intent of this chapter.
(d)
Raised islands. Raised islands shall be installed at the ends of all parking bays abutting an aisle or accessway in the commercial and industrial districts. The raised islands shall be bordered by concrete or rolled asphalt curb. All islands shall be at least nine feet wide and shall extend the length of the parking space or bay. The islands shall be landscaped with grass, shrubs or other vegetative materials.
(e)
Setbacks. All parking lots shall be located no closer than five feet to any property line.
(f)
Interconnections. All parking lots on adjoining properties must have a common accessway connecting these parking facilities.
(g)
Handicapped spaces. Handicapped spaces shall conform to the requirements of the ADA and/or Virginia Uniform Statewide Building Code. Handicapped spaces shall have a minimum width of at least 12 feet. Handicapped spaces shall be located on the perimeter of the parking lots adjacent to sidewalks or other areas designed for pedestrians. A three-foot-wide curb ramp shall be provided adjacent to the handicapped parking spaces to provide access to the sidewalk. The number of handicapped spaces shall be as follows:
| Total Spaces Required | Additional Handicapped Spaces Required | |
|---|---|---|
| 1 to 25 | 1 | |
| 26 to 50 | 2 | |
| 51 to 75 | 3 | |
| 76 to 100 | 4 | |
| 101 to 150 | 5 | |
| 151 to 200 | 6 | |
| 201 to 300 | 7 | |
| 301 to 400 | 8 | |
| 401 to 500 | 9 | |
| 500 and more | 2% of Total |
(h)
Entrance requirements. In no case shall a parking lot be approved which requires that vehicles back from parking spaces onto public rights-of-way and roads. All parking lots must be provided access to a public right-of-way/road by use of an entrance which meets the Virginia Department of Transportation's standards. The width of the driveway serving the parking lot shall not be less than 24 feet for two-way traffic and 12 feet for one-way traffic.
(i)
Aisle requirements.
[1]
Access to each parking space shall be provided by an aisle with the following width:
| Parking Space Angle | Aisle Width — 1-Way (feet) | Aisle Width — 2-Way (feet) | |
|---|---|---|---|
| Parallel | 12 | 20 | |
| 30 degrees | 12 | 20 | |
| 45 degrees | 15 | 20 | |
| 60 degrees | 18 | 22 | |
| 90 degrees | 22 | 22 |
[2]
For other angles, the aisle width shall be the same as for the nearest angle in the above table.
(j)
Obstructions and structures. Parking lots shall be designed to permit each vehicle to proceed to and from all unoccupied parking spaces without requiring the moving of any other parked vehicle. Utility poles, light standards, trash containers and similar structures shall not be permitted within any aisle or parking space. Any structure located in a parking lot shall be surrounded on all sides abutting parking spaces or aisles by a six-inch concrete curb. The structure shall be separated from the curb by at least three feet.
(k)
Pedestrian access. Sidewalks shall be provided as necessary within parking lots to protect pedestrians and promote the safe and efficient movement of pedestrians and vehicles. In large parking lots, pedestrian walkways and crosswalks shall be provided, marked by durable paint stripes and appropriate signs.
(l)
Drive-in lanes. A separate lane, with a minimum width of 12 feet, shall be provided for all drive-in or pick-up facilities. Such lanes shall be clearly separated from parking spaces, aisles and driveways. Sufficient drive-in lane length shall be provided to allow the stacking of five automobiles per drive-in window.
(2)
Landscaping standards.
(a)
Perimeter landscaping.
[1]
Required parking lot setback areas abutting the parking lot shall be planted with shade trees and other landscaping. A three-foot-high barrier, composed of any of the following materials: evergreen hedge, fence, berm or wall, shall be provided as necessary to prevent headlights from shining onto public right-of-ways/roads and adjoining properties (see Figure 3).
[2]
Specific standards.
[a]
A minimum of one shade tree for every 40 feet or fraction thereof of parking lot perimeter shall be provided.
[b]
If the barrier is of nonliving material, for each 10 feet or fraction thereof one shrub shall be planted abutting such barrier.
[c]
The remainder of the landscaped area shall be landscaped with grass, ground cover or other landscape treatment.
(b)
Interior landscaping.
[Amended 12-15-1998]
[1]
A minimum of at least 5% of the interior portions of a parking lot shall be landscaped for the purpose of providing shade trees. Such interior landscaped areas shall be provided on raised islands and in continuous raised strips extending along the length of the parking bay. Within the parking lot, raised islands and landscaped areas should be used to delineate traffic and pedestrian circulation patterns. The shade trees provided shall be of an appropriate type to ensure shading at maturity (see Figure 3).
[2]
Specific standards:
[a]
Each landscaped area shall contain a minimum of 50 square feet and shall have a minimum dimension of at least five feet.
[b]
No less than one shade tree shall be provided for every 10 parking spaces.
[c]
All dumpsters and trash collection areas shall be screened from view. Such screening shall be composed of walls, fences and berms and shall be landscaped. The landscaping associated with dumpsters and trash collection areas is in addition to the landscaping requirements for the parking lot.
 | |
|---|---|
| Figure 3 |
(3)
Sight distance. For landscaped areas adjacent to public rights-of-way/roads, at the intersection of the driveway with the public road, all landscaping within the triangular areas, as shown below, shall provide unobstructed cross-visibility at a level between three feet and six feet. The owner, tenant and their agent(s) shall be responsible for trimming all necessary landscaping so that no foliage extends into the cross visibility areas. Only grass or ground covers shall be allowed in the triangle as described above (see Figure 4).
 | |
|---|---|
| Figure 4 |
G.
Landscape requirements for townhouses and apartments.
(1)
A strip of land at least 10 feet in depth around each building within the development is required (see Figure 5).
(2)
There shall be a minimum of 1.5 shade trees for each individual unit within the building.
(3)
Berms shall be used to buffer the buildings and the building from other noncompatible land uses such as commercial, industrial and single-family residential developments. The design criteria for the berm(s) and associated landscaping are as follows:
(a)
The berm shall be at least four feet in height.
(b)
Along the base of the berm, there will be a tree planted for every 25 feet of length.
(c)
Along the slope of the berm there shall be one shrub planted for every 10 feet of length.
(d)
Across the top of the berm, grass or ground cover shall be planted.
 | |
|---|---|
| Figure 5 |
H.
Landscape requirements for industrial and commercial sites.
[Amended 10-21-1997]
(1)
A strip of land at least 10 feet in depth, located on the property and running parallel to the public rights-of-way/road(s), that does not include any paved surfaces, with the exception of a driveway or pedestrian sidewalks/trails.
(2)
There are three options to landscaping this area which can be used singly or in combination:
(a)
Option 1. The landscape strip must be at least 25 feet wide, planted with one tree and 10 shrubs for every 35 feet of linear street frontage.
(b)
Option 2. The landscaped strip must be at least 10 feet wide, averaging 15 feet in width. An earth berm of at least four feet in height will be constructed within this strip. This strip is to be planted with one tree and five shrubs for every 35 feet of linear street frontage.
(c)
Option 3. The preservation of existing woodlands, which must be at least 25 feet wide and appropriately located along the street.
I.
Landscape requirements for Class C subdivisions. These requirements do not apply to individual housing units within the subdivision.
(1)
Whenever a Class C subdivision is proposed which has any lot line along a collector road, arterial road, state primary road and freeway/interstate, the following landscaping requirements will be required (see Figure 9 for typical):
(a)
Collector and arterial roads. A minimum of a fifty-foot-wide strip of land with the following plantings per 100 linear feet of road: six shade trees, 18 evergreen trees and 40 shrubs.
(b)
State primary roads. A minimum of a fifty-foot-wide strip of land with the following plantings per 100 linear feet of road: six shade trees, 18 evergreen trees and 40 shrubs.
(c)
Freeways/interstates. A minimum of a seventy-five-foot-wide strip of land with the following plants per 100 linear feet of road: eight shade trees, 20 evergreen trees and 48 shrubs.
 | |
|---|---|
| Figure 9 |
J.
Design flexibility. If an applicant can demonstrate that alternative landscaping can meet the intent of this section through the submittal of such an alternative landscape plan, the administrator can then accept that plan or modify the alternative plan and design so as to comply with the intent of this section and its provisions. Additionally, the requirements of this section may be lowered, by the Administrator, if the applicant preserves the existing vegetation which is included as part of a landscaping plan and design.
K.
Landscape plan. The landscape plan shall be prepared by a certified engineer, landscape architect or surveyor licensed by the Commonwealth of Virginia. All costs for the preparation of the landscape plan shall be borne by the applicant. The applicant will be required to submit a preliminary and a final landscape plan to the Administrator.
(1)
Preliminary plan requirements.
(a)
General concept of the intended landscaping, expressed graphically and in writing.
(b)
List existing vegetation by type, including number, size and species.
(c)
Proposals to protect and preserve trees during and after construction.
(d)
List and graphically depict existing natural features such as watercourses, rock outcroppings, sinkholes, ponds, tree masses and similar features.
(e)
All items below shall have their dimensions and distances shown on the site plan.
[1]
Property lines.
[2]
Area of site in square feet and acreage.
[3]
All easements.
[4]
Building setback lines.
[5]
Zoning district(s).
[6]
Drawn to scale, no larger than one inch equals 50 feet.
[7]
North point and date.
[8]
The location, size and description of all existing or proposed buildings on the site.
[9]
Title block, showing the following information:
(f)
For parking lots the following is required:
[1]
Clearly delineate existing and/or proposed parking spaces, driveways/entrances, accessways and aisles.
[2]
The location, size, description and name(s) of all landscape materials.
[3]
Indicate the dimensions and size of proposed parking areas, spaces, driveways/entrances, accessways and aisles.
[4]
Indicate the number, location and design of handicapped parking spaces to be provided.
(2)
The final landscape plan shall include the following information in addition to the information required for the preliminary landscape plan:
(a)
Show all existing and proposed improvements, with dimensions, location and size.
(b)
Show all existing utility facilities.
(c)
Show all locations of roads and public right-of-way(s).
(e)
Existing vegetation to be saved.
(f)
Methods to protect existing vegetation during construction.
(g)
Location and labels of all plants to be installed.
(h)
Location and description of other landscape improvements such as earthen berms, walls, fences, screens, courtyards, fountains and similar items.
(i)
Planting and installation details as necessary to ensure performance with all required standards.
[Added 10-21-1997; amended 12-15-1998; 10-24-2023]
The purpose and intent of this section is to establish outdoor lighting standards to regulate the placement, orientation, distribution patterns, fixture type and to reduce the impact of glare, light trespass and excessive lighting; to promote safety and security; and encourage energy conservation.
A.
Applicability and general provisions. These standards shall apply to the installation of new outdoor lighting fixtures or the replacement of existing fixtures. Replacement of a fixture shall mean a change of fixture type or change to the mounting height or location of the fixture. Routine lighting fixture maintenance, such as changing lamps or light bulbs, ballast, starter, photo control, housing, lenses and other similar components, shall not constitute replacement and shall not require a permit, provided such changes do not result in a higher footcandle output.
B.
Approved materials and methods of construction, installation or operation. The Zoning Administrator may grant a modification with respect to any of the provisions of this section, after notice to adjoining property owners as provided in § 15.2-2286.A.4. Code of Virginia in the event that the Zoning Administrator finds in writing that:
(1)
The strict application of this section would produce undue hardship;
(2)
Such hardship is not shared generally by other properties in the same zoning district and in the same vicinity; and
(3)
The authorization of the modification will not be of substantial detriment to adjacent properties and the character of the zoning district will not be changed by the granting of the modification.
C.
General outdoor lighting standards.
(1)
All outdoor lighting fixtures shall be designed, fully shielded, aimed, located and maintained to shield adjacent properties and to not produce glare onto adjacent properties or road rights-of-way.
(2)
Lighting levels shall not exceed 0.2 footcandle at any common property line in the residential and agricultural zoned districts. In addition, all light poles shall be equipped with supplemental opaque shielding on the residential property side of the lighting fixture to reduce glare caused by direct light source exposure.
(3)
All outdoor lighting fixtures, including display lighting, shall be turned off after close-of-business, unless needed for safety or security, in which case, the lighting shall be reduced to the minimum level necessary.
(4)
All lighting shall be oriented not to direct glare or excessive illumination onto streets in a manner that may distract or interfere with the vision of drivers on such streets.
(5)
Flashing, revolving, or intermittent exterior lighting visible from any property line or street shall be prohibited. Directional fixtures for advertisement purposes, such as but limited to high-intensity beams, lasers or strobe lights, shall be prohibited. When permitted, directional fixtures shall be installed or aimed so that they do not shine skyward and to ensure that the light source is not visible from adjacent properties or road rights-of-way.
(6)
Light fixtures shall be placed outside of the paved areas of a site. Lighting fixtures shall be placed within landscaped islands or in the perimeter green space of the site. The Zoning Administrator may allow light fixtures to be placed in alternative locations for such uses such as motor display areas and storage areas as long as the intent of this section is met.
(7)
Lighting used to illuminate flags, signs, statues or any other objects mounted on a pole, pedestal or platform, spotlighting or floodlighting used for architectural purposes shall consist of full-cutoff or directionally shielded lighting fixtures that are aimed and controlled so that the directed light shall be confined to the object intended to be illuminated. All lights shall not cause glare on adjacent properties or road rights-of-way.
D.
Outdoor lighting standards for nonresidential uses.
(1)
The average maintained lighting levels for nonresidential uses shall not exceed the following standards, unless a lower limit is set forth in this subsection:
(a)
Five footcandles for parking lots and loading areas.
(b)
Ten footcandles along fronts of buildings and along main drive aisles.
(c)
Twenty footcandles for high-security areas, such as, but not limited to, motor display areas, vehicle fueling stations canopies, automated teller machines (ATMs), but not including their parking lots.
(2)
Light fixtures under fueling stations canopies or any other canopy shall be completely flush or recessed within the underside of the canopy. Portions of the canopy not included in the sign area shall not be illuminated.
(3)
Lighting levels shall not exceed 1.0 footcandle at any common property line and road right- of-way with property zoned or used for commercial or industrial uses.
(4)
Light fixtures, including mounting base, shall not be more than 25 feet in height above finished grade. For properties in the C (Commercial), I (Industrial) Zoning Districts that have a site plan, the Zoning Administrator may allow light fixtures to exceed 25 feet in height if additional security is required, provided that the site is not adjacent to property used for residential or agriculture uses. In no case shall the light fixtures in the Commercial and Industrial Zoning Districts exceed 40 feet in height.
E.
Photometric plan requirements.
(1)
A photometric lighting plan shall be submitted and approved with any site plan required by § 180-64 of the Warren County Code. A photometric plan submitted with site plans shall be current (less than 45 days old) and must be certified by the National Council on Qualifications for the Lighting Professions (NCQLP), or a Virginia licensed professional engineer, architect or land surveyor.
(2)
Required plans should include the following.
(a)
Description of all proposed and existing light fixtures, which should include but not limited to catalog cuts and illustrations by manufacturers that describe the equipment, including lamp type, initial lumen outputs and wattage, glare-control devices, proposed placement of all fixtures including engineering details of fixtures, models and manufacturer.
(b)
Location of all proposed and existing lighting fixtures on the site, including a schematic layout of the proposed fixture locations that demonstrate adequate uniformity and intensities, the light coverage resulting from the combination of existing and proposed lighting layout.
(c)
Mounting height of all light fixtures on the site.
F.
Exemptions.
(1)
Lighting required by law enforcement, fire and rescue, the Department of Transportation or other emergency response agencies to perform emergency or construction repair work, or to perform overnight road construction.
(2)
Lighting fixtures and standards required by the Federal Communications Commission, Federal Aviation Administration, Federal and State Occupational Safety and Health Administrations, or any other state and federal agencies.
(3)
Roadway lighting, including street lights within a public or private right-of-way.
(4)
Lighting for fairs, carnivals, civic activities or holiday decorative purposes, provided that the lighting is temporary.
(5)
Lighting located on properties developed with agricultural and residential uses, but not limited to residential security lightning controlled and activated by motion sensors or timing devices and being fully shielded.
[Added 2-19-2013; 7-15-2014; 11-19-2019]
A.
Agricultural products, including hops, barley, other grains, or fruit utilized in the microbrewery operation, shall be grown on the farm where the microbrewery is established.
B.
The hours of operation for the microbrewery shall be between 9:00 a.m. and 5:00 p.m.
C.
Microbreweries shall be located on a lot or parcel adjacent to a state-maintained road.
D.
Beer can be sold for on- and off-premises use.
E.
The operation shall be in compliance with all Virginia Department of Health and Virginia Department of Transportation regulations and requirements.
F.
The operation shall be in compliance with all Alcohol Beverage Control laws and regulations.
G.
The microbrewery is subject to the requirements of Warren County Code § 180-65 regarding permits.
H.
A microbrewery may host usual and customary activities, including, but not limited to, group tours/tastings, private parties, owners' private events, charter tours (i.e., buses, limousines), business meetings, educational seminars, wedding receptions, wedding ceremonies, class/family reunions, showers (i. e., baby, bridal), similar events and activities for nonprofit organizations; and similar events and activities as determined by the Zoning Administrator; provided, however, that a conditional use permit shall be required when more than 100 persons are in attendance at any organized microbrewery event.
I.
An accessory gift shop shall be permitted. A gift shop shall be defined as any bona fide retail store selling, predominantly, gifts, books, souvenirs, specialty items, collectibles and crafts relating to beer, brewing and associated food/cooking. Such shop shall be a permanent structure where stock is displayed and offered for sale and which has facilities to properly secure any stock of beer.
J.
Outdoor amplified music arising from activities and events at a microbrewery and measured at the nearest agricultural or residential property line shall not exceed 60 decibels.
K.
Any parking space(s) designated for handicap access shall be connected to a paved or otherwise hard-surfaced travelway, sidewalk or path of sufficient width to facilitate the maneuverability and operation of a wheelchair connecting the parking space(s) to and from all buildings which guests of the microbrewery are authorized to visit.
[Added 2-19-2013]
A.
A microbrewery shall be the primary use of the property. The brewpub is permitted in conjunction with the microbrewery use.
B.
Agricultural products, including hops, barley, other grains, or fruit utilized in the microbrewery operation, shall be grown on the farm where the microbrewery is established.
[Amended 7-15-2014]
C.
Full restaurant services and the serving of beer shall be permitted as part of the brewpub use. Beer can be sold for on- and off-premises use.
D.
The restaurant shall be limited to 50 seats.
E.
The hours of operation for the brewpub shall be between 9:00 a.m. and 9:00 p.m.
[Amended 7-15-2014]
F.
Microbreweries shall be located on a lot or parcel adjacent to a state-maintained road.
G.
The operation shall be in compliance with all Virginia Department of Health and Virginia Department of Transportation regulations and requirements.
H.
The facility shall receive approval and meet the requirements of the Warren County Building Inspections Department.
I.
The operation shall be in compliance with all Alcohol Beverage Control laws and regulations.
[Added 5-17-2016]
Mobile food establishments shall be subject to certain requirements as set forth below:
A.
Mobile food establishments on private property or in shopping centers must have written authorization from the owner or property management representative prior to the application being accepted by the Planning Department.
B.
If the mobile food establishment is being operated in conjunction with a festival, the festival permit issued by the Board of Supervisors will serve as approval for that function.
C.
The mobile food establishment applicant shall submit a site plan for each unimproved property showing ingress and egress to the location, parking spaces, lighting, setbacks to highway and adjacent zoning districts with his/her application request.
D.
No mobile food establishment will be authorized to operate on a public street or right-of-way, on unimproved parking surfaces, or in locations not approved by the County for this use.
E.
All mobile food establishments shall meet the requirements of the Warren County Building Inspections Department, the Fire and Rescue Department, the Virginia Department of Transportation, and the Warren County Health Department. The applicant shall have written approval from each of these agencies prior to beginning operation of the mobile food establishment.
F.
Mobile food establishments will be limited to the sale of food and nonalcoholic drinks.
G.
Mobile vending unit generators may be used if they are set back a minimum of 75 feet from any adjacent residential property.
H.
Portable tables and chairs are permitted in conjunction with the mobile food establishment and shall be located within 20 feet of the mobile unit.
I.
No required parking spaces within a shopping center or business facility shall be used for the mobile food establishment business, and the establishment shall not block ingress/egress to parking areas, drive aisles/lanes, fire lanes or sidewalks within an approved shopping center.
J.
No vendor shall remain on any one site for more than 72 consecutive hours.
K.
All mobile food establishments must be issued a zoning permit by the Planning Department prior to the operation of such use on public or private property.
L.
Mobile food establishments are allowed on County parks facilities by issuance of a zoning permit by the Planning Department and a permit by the Parks and Recreation Department.
[Added 11-19-2019]
Where allowed, landscaping and horticulture services shall meet the following requirements:
A.
Areas used for outdoor storage of vehicles, equipment, dumpsters and materials shall be screened from view. Such screening shall be composed of walls, fences and/or berms, and shall be landscaped. The landscaping associated with outdoor storage is in addition to the landscaping requirements of § 180-49.1.
C.
Storage of hazardous, toxic, explosive, herbicide and/or pesticide materials shall meet local, state and federal requirements.
D.
Storage of combustible, flammable and/or explosive materials shall require approval from the Warren County Fire Marshal.
E.
No storage of lumber, logs, mulch, chips or timber shall be located closer than 100 feet to any property line.
F.
Portable storage containers, shipping containers and/or tractor-trailers shall not be used for accessory structures.
These provisions are designed to encourage a suitable living environment where rental lots are provided for mobile home habitation in a planned neighborhood setting with open space and recreational facilities.
A.
Minimum size shall be 10 acres.
B.
Minimum lot size/width and maximum density. Mobile home lots shall meet the following requirements for area, width and density:
C.
Location of mobile homes.
(1)
Each mobile home shall be located on a mobile home lot.
(2)
The minimum distance between mobile homes shall be 30 feet.
(3)
Mobile homes shall not be located within fifty feet of any service or recreational structure intended to be used by occupants of more than one mobile home.
(4)
Each mobile home lot shall front an internal street.
(5)
No mobile home or other structure shall be located closer than six feet from any mobile home space lot line.
(6)
The foregoing notwithstanding, the Warren County Fire Official may require additional space between mobile homes or between mobile homes and other structures.
D.
Setbacks. Mobile homes and other structures shall meet the following minimum setbacks:
E.
Utility connections. Each mobile home lot shall be provided with an individual connection to the following:
F.
Off-street parking. Each mobile home lot shall be provided with two off-street parking spaces.
G.
Recreational area requirements. For any development of 30 or more dwelling units, exceeding four dwelling units per acre in gross density, a minimum of 100 square feet per dwelling unit of recreational area shall be provided on the property. Not more than 25% of such area shall be provided within buildings. Unless otherwise specifically permitted due to the peculiar nature of a development, such area shall be developed proportionately with facilities appropriate to preschool and elementary school-aged children. The Board shall consider the appropriateness of such area for the intended usage in terms of such factors as location, shape, topographic characteristics, compatibility to adjoining uses, accessibility to residents and ease of supervision.
H.
Minimum standards for internal streets. Internal streets shall be hard surfaced and meet State Highway Department standards for subdivision streets.
I.
Temporary mobile home parks. Conditional use permit for temporary mobile home parks may be issued by the Board for up to one year subject to the following findings:
(1)
That the location of a temporary mobile home park is necessary for the housing of construction workers employed on an industrial, highway or similar construction project.
(2)
That the request is filed by or certified by the industry or by the Virginia Department of Transportation as being essential to the construction.
A planned residential development shall be comprised of two or more of the following residential dwelling types (single-family detached, single-family attached, multifamily) and shall demonstrate compliance or ability to comply with the following standards and guidelines. While the intent of the planned residential development (PRD) is to encourage innovative design of residential developments, the applicant's design must meet the general purposes of zoning to promote the health, safety, morals and general welfare of the community. Any planned residential development must meet this basic criteria as well as the standards and guidelines outlined below, in order to be forwarded to the Board of Supervisors for their consideration.
A.
Special provisions. Because of special characteristics of PRDs, special provisions governing the development of land for this purpose are required. Whenever there is a conflict or difference between this section and any other section of this chapter, the provisions of this section shall prevail for the development of land for PRD's. Subjects not covered by this section shall be governed by the applicable provisions found elsewhere in this chapter.
B.
Procedure.
(1)
An application for approval of a PRD classification shall be accompanied by a preliminary development plan as detailed herein.
[Amended 1-20-2009]
(2)
The developer may meet with the Planning Commission prior to the submission of an application for the purpose of discussing early and informally the purpose and effect of this chapter and the criteria and standards contained herein, and to familiarize the developer with the Comprehensive Plan and the requirements of Chapter 155, Subdivision of Land.
(3)
If, during the course of required reviews by the Planning Commission or the Board, the applicant proposes revisions or modifications in the preliminary plan which are of such magnitude as to substantially change the development(s), design, magnitude or concept, said modification shall cause the revised preliminary plan to be referred back through the required review/hearing procedures and time limits as if it were an original submission.
C.
Preliminary development plan. The preliminary development plan submitted with the application shall contain the following information:
(1)
A topographic map at a minimum scale of one inch to 200 feet with a contour interval of 10 feet or less.
(2)
Layout of existing and proposed roads.
(3)
Proposed building types and location, recreation areas and open space.
(4)
Proposed community facilities and other uses.
(5)
Proposed improvements showing proposed water- and sewer lines.
(6)
Demonstration of direct access to a major external collector road as defined by Virginia Department of Transportation (VDOT) and which is paved and state maintained.
(7)
Proposed circulation plan showing volumes of expected traffic and provisions for pedestrian movement; delegation of responsibility for maintaining such open space(s) and a description, as well as a time table, of site improvements within the common area.
D.
Final development plan.
(1)
In the event that the Board approves the PRD conditional use permit, the applicant shall prepare and submit a final development plan to the Board for approval.
(2)
The final development plan shall be submitted to the Board within one year from the date of approval of the preliminary development plan. In the event that the applicant is unable to submit said plan within the one-year time period, the applicant may petition the Board for an extension of time for submission. Such petition shall be filed at least 30 days prior to the termination of the one-year period. The Board may, upon good cause shown, grant an extension of up to one year. Such time period shall commence on the date of approval by the Board.
(3)
In the event that the applicant fails to file the required plan within the time limits specified herein or any authorized extensions thereof, the Planning Commission shall review the status of the project and shall initiate an application for reclassification of the property from the PRD District to its previous zoning designation or to such other zoning classification as may be deemed consistent with adopted Comprehensive Plan and policies of the Board.
(4)
The final development plan shall consist of the following:
(a)
All the information required on the preliminary development plan.
(b)
A vicinity map drawn at a scale of not less than one inch equals 2,000 feet and showing adjoining roads, subdivisions and other landmarks.
(c)
A certified boundary survey of the proposed development site, showing the dimensions and bearings of the property lines, area in acres, topography with two-foot contours, existing features of the development, structures, streets, easements, utility lines and land uses.
(d)
A schedule of the construction of housing units, public improvements, recreational facilities, community facility establishments and other structures; and a description of the design principles for buildings and streetscapes.
(e)
Engineering feasibility studies and plans showing, as appropriate, water, sewer, drainage, electricity, telephone, waste disposal facilities, street improvements and the nature and extent of earth work required for site preparation and development.
(f)
A proposed circulation plan showing circulation patterns of vehicular, pedestrian or other traffic, as well as the extent and nature of projected traffic.
(h)
Details, notes and typical sections as appropriate to describe the planned construction of all improvements, including cross-sections and notes describing types of surface and base material of all roads within the development; details concerning layout and construction of utilities; and location, dimensions and nature of all proposed landscaping, screening, fencing and other design amenities, including methods and materials.
(i)
A site plan drawn at a scale of one inch equals 100 feet showing the location, size, height and proposed general use for each building (except single-family detached); lot lines, lot numbers, lot size, total developed area, residential density and limits of construction; the location and size of parks, playgrounds, common open space and any other public or community facility; if the land is to be developed in sections, stages or phases, such sections shall be clearly indicated and data furnished as to the order and timing of their developments; a table showing the total acreage devoted to each land use classification in each section; and the location and size of accessory structures or uses, including off-street parking.
(j)
Notes identifying any deviation from the PRD preliminary plan. Separate final subdivision or site plans may be submitted for each development stage or section as set forth in the preliminary plan and shall include, as an attachment, copies of all charters, covenants, restrictions or other instruments pertaining to the use, maintenance, operation or control of all common open space areas or other public facilities within the development. The developer shall submit an erosion and sediment control plan which shall comply with the Virginia Erosion and Sediment Control Handbook. The PRD final development plan shall be prepared by a licensed architect, a certified professional planner, professional engineer or land surveyor practicing within the areas of competence described by § 54.17 et seq., Code of Virginia 1950, as amended.
E.
General area, density, dimensional standards.
(1)
Each PRD shall contain a minimum of 50 contiguous acres of usable land. Lands which are divided by streets, roads, highways, transmission lines or rights-of-way owned by third parties shall be deemed to be contiguous for the purpose of calculation of the total acreage, provided that each portion of said lands are accessible.
(2)
The provisions of the PRD shall apply only to a contiguous tract of land which is under the control of a single individual, partnership, corporation or other legal entity and for which an application for a planned residential development is made as provided in this chapter.
(3)
The overall density of residences shall not exceed six units per gross acre of land within the development. Land in one-hundred-year-flood area and/or land exceeding forty-percent slope shall not be included in the gross acreage computation.
(4)
There shall be no minimum lot size, no minimum setback, no minimum lot width and no maximum percentage of lot coverage.
(5)
The minimum distances between any structure or group of structures (such as semidetached dwellings or a row of townhouses) and any other structure or group of structures shall not be less than 1/2 of the combined height of the two structures at their closest point.
(6)
All residential structures shall be at least 300 feet away from nonresidential structures, unless the Board finds that screening between the two structures is adequate to permit their closer location, in which event the three-hundred-foot requirement may be waived by the Board. In no event, however, may such structures be located closer than 60 feet from one another.
(7)
The proposed location and arrangement of structures shall not be detrimental to existing or prospective adjacent structures or to the existing or prospective development of the area.
F.
General design requirements.
(1)
Every single-family dwelling shall have vehicular access to the vehicular circulation system of the development.
(2)
All planned residential developments must have direct access to a paved road in the state highway system.
(3)
All streets within the development, except those roads constructed or utilized exclusively for maintenance purposes, shall be paved and shall be constructed to such standards that will enable them to be accepted into the secondary road system of the Virginia Department of Highways and Transportation.
(4)
All utility lines shall be placed underground within the development. Appurtenances to these systems which can be effectively screened may be excepted from this requirement if the Board determines that such exception will not be detrimental to surrounding property.
(5)
Planned residential developments shall be provided with adequate dusk-to-dawn lighting.
(6)
The Board may impose such other conditions as it deems appropriate on any development proposed under the terms of this section in recognition of any unique circumstances surrounding the particular proposal or the area in which it is proposed and in order to ensure the protection of the health, safety and general welfare of the public and the preservation of property values.
G.
Open space.
(1)
A minimum of 25% of the total land area of a planned residential development shall be reserved as common open space designed for use by the development residents. The space must be usable and accessible to the residents. It can be suitable for passive use, such as walking or scenic viewing or for active uses, such as tennis, swimming, picnicking or playgrounds. A minimum of 30 square feet for each dwelling unit in the PRD shall be developed for active recreational use.
(2)
The perpetual protection and maintenance of common open space shall be guaranteed by methods approved by the County Attorney.
H.
Maintenance.
(1)
To the extent that parking areas, accessways, common open space, recreation facilities, sanitary sewerage systems, stormwater drainage systems and water systems are privately owned, the developer shall submit assurances satisfactory to the Board that a properly constituted owner's association will be responsible to provide adequate funds for the perpetuation and maintenance of such facilities and services. Such association shall be created by covenants running with the land which are recorded by declaration in the Clerk's office of the Circuit Court.
(2)
The County Attorney shall certify to the Board that the developer's proposed covenants and other documents satisfy the requirements of this section prior to approval of the planned residential development by the Board or recordation of any covenants or other documents.
I.
Public improvements. Where public improvements are required by the PRD preliminary plan, the applicant/developer shall execute with the Board an agreement in form and content suitable to the County Attorney, which specifies a schedule for provision of all public facilities. These agreements will be reviewed by the County Attorney and approved by the Board prior to execution. All such public improvements shall be secured by unconditional, irrevocable, transferable letter of credit issued by a bank or savings and loan association acceptable to the Board. Said letters of credit shall be in an amount sufficient to assure full completion of the facilities in the manner required by this permit. Where appropriate, evidence of liability or other insurance shall also be required.
J.
Building permits. No building permit shall be issued for any structure within the development unless and until the Zoning Administrator certifies that it conforms to the provisions of the final development plan and other requirements such as Chapter 150, Soil Erosion and Sediment Control, of the Code of the County of Warren.
[Added 1-20-2009]
A planned active adult/age-restricted residential development shall be for the purpose and intent of providing housing opportunities for a population 55 years of age or older in accord with Virginia Code § 36-96.7, as amended. The development shall be designed to provide a safe and convenient environment which complements the surrounding uses and other amenities for the residents of the development. Any planned active adult/age-restricted residential development must meet the criteria of planned residential developments, as stated in § 180-51, as well as the standards and guidelines outlined below, in order to be forwarded to the Board of Supervisors for its consideration.
A.
Required uses. Active adult/age-restricted communities shall consist of the following:
(1)
Dwelling units (multifamily, single-family detached, and single-family attached) for an active adult, age-restricted population.
(2)
Clubhouse, solely for the residents, employees and their guests, including recreational facilities and other uses related to adult community living.
(3)
Swimming pool.
(4)
Health or fitness center.
(5)
Walking trails.
B.
Permitted uses. The permitted uses shall be the same as allowed in the applicable zoning district.
C.
Uses permitted by conditional use permit. In addition to the uses permitted in the applicable zoning district, the following uses may be permitted upon issuance of a conditional use permit by the Board of Supervisors:
D.
The clubhouse, swimming pool, and health and fitness center shall be constructed and shall have been issued a certificate(s) of occupancy prior to the issuance of building permits for more than 25% of the total number of approved units or as otherwise determined by the Board of Supervisors during the approval process.
E.
Each PRD shall contain a minimum of 30 contiguous acres of usable land. Lands which are divided by streets, roads, highways, transmission lines or rights-of-way owned by third parties shall be deemed to be contiguous for the purpose of calculation of the total acreage, provided that each portion of said lands is accessible.
F.
The development of an active adult/age-restricted community shall include homeowners documentation reviewed by the County that specifies the age-restricted nature of the proposed use. An active adult/age-restricted community shall be in accord with Virginia Code § 36-96.7, as amended, and shall include the homeowners' association policies and procedures which ensure that 100% of the units are occupied by at least one person 55 years of age or older per unit.
A.
A private club or lodge engaged in fundraising activities such as bingo, raffles, auctions, etc., shall confine such activities to an enclosed building. Auctions conducted during daylight hours may be held out-of-doors, provided that all noise from the auction, including the voice of the auctioneer, does not exceed the limits specified in § 180-52B below.
B.
Noise generated from the fundraising activities and/or social activities of a private club or lodge shall not exceed 55 decibels at the nearest property line.
C.
Noise-generating activities of a private club or lodge, fundraising and/or social, shall not start before 8:00 a.m. and shall not extend beyond 11:00 p.m.
No such activity shall be permitted on a parcel of land less than three acres in size. Proposed schools and related facilities shall be designed and located so as to minimize impact of vehicular traffic on nearby residential areas.
All proposed public schools shall be subject to the provisions of § 180-65B, Commission review; Comprehensive Plan, and shall be designed and located so as to minimize the impact of vehicular traffic on nearby residential areas.
[Added 7-20-2010]
[Added 1-17-2017; amended 11-17-2020; 3-28-2023]
A.
General requirements for rural events facilities.
(1)
Rural events facilities shall be located on a parcel that fronts upon and has access to a state-maintained road, and the entrance to the property shall have VDOT approval for this type of use.
(2)
A full-capacity event plan must be submitted to the Planning Department prior to issuance of a certificate of zoning. The event plan shall include information regarding adequate parking, traffic control into and around the site, emergency ingress and egress, directional signage, etc. This plan shall also be approved by the Warren County Sheriff's Office and Warren County Fire and Rescue.
(3)
An illustrative development plan must be submitted to the Planning Department as part of the application for a conditional use permit. The development plan shall include details on proposed building locations, setbacks from buildings to nearest adjacent property lines, restroom facility locations, ingress/egress, internal access roads, outdoor lighting, parking areas, landscaping, screening, and signage.
(4)
The facilities used for the rural events shall meet the requirements and approval of Warren County Building Inspections, Warren County Health Department, and Virginia Department of Health — Office of Drinking Water.
(5)
Any buildings constructed on the property for the rural events facility shall have a minimum setback of 100 feet from any adjacent property line.
(6)
On-site parking shall be provided in an amount equal to one parking space per three guests and shall comply with the Americans with Disabilities Act and Uniform Statewide Building Code requirements. The parking area for the events shall be in a location approved by the Planning Department.
(7)
The maximum number of guests will be specified in the conditions for the conditional use permit and shall not exceed the maximum occupancy approved by the Health Department and the Warren County Fire Marshal.
(8)
The hours of operation shall be specified in the conditional use permit and in no case shall event activities continue past 11:00 p.m.
(9)
The permit shall be reviewed by Planning staff on an annual basis to ensure compliance with the performance standards of this section, along with all conditions placed on the conditional use permit.
B.
Lodging for event guests.
(1)
Standards.
(a)
Density standards. Lodging units for overnight accommodations for event guests may be erected on properties approved for a rural events facility through the conditional use permit process, subject to the following:
[1]
On lots equal to or greater than 20 acres up to 30 acres, no more than 10 lodging units for event guests.
[2]
On lots equal to or greater than 30 acres up to 40 acres, no more than 15 lodging units for event guests.
[3]
On lots greater than 40 acres, no more than 20 lodging units for event guests.
(b)
Proximity standards. Buildings for lodging units shall be separated from each other and from other buildings by a minimum of at least 30 feet. Buildings for lodging units shall have a minimum setback of 100 feet from any adjacent property line.
(c)
Design standards. Buildings for lodging units shall be a minimum of 250 square feet and shall not exceed 800 square feet in size unless the conditional use permit expressly provides for a larger size.
(2)
General requirements.
(a)
Lodging units shall not be used for permanent living quarters. Rental contracts shall not exceed seven consecutive days in duration.
(b)
Commercial camping and use of major recreational vehicles by event guests for camping on the property shall be prohibited unless the property is approved for a commercial campground through the conditional use permit process.
(c)
The number of occupants per lodging unit shall not exceed the maximum occupancy approved by the Health Department for each lodging unit.
(d)
Parking for lodging units shall be provided in an amount equal to one parking space per lodging unit and shall comply with the Americans with Disabilities Act and Uniform Statewide Building Code requirements.
(e)
The owner shall register with the Commissioner of the Revenue for a business license and for transient occupancy tax collection.
[Added 6-28-2022]
These provisions are intended to ensure that retreat centers are operated in a safe and healthful manner. Where allowed, retreat centers shall meet the following requirements:
A.
The property owner and/or operator of the retreat center shall apply for and receive a zoning permit from the Planning Department prior to operation. The permit shall be reviewed by planning staff on an annual basis to ensure compliance with the performance standards listed in this section, along with all conditions placed on the conditional use permit.
B.
The maximum number of occupants/participants shall be determined by approved permits received by the Warren County Health Department and shall be specified in the conditions placed on the conditional use permit.
C.
Parking for the use shall be in driveways or other designated and approved parking areas. The parking of vehicles is prohibited in or along all rights-of-way and in yards. The applicant shall meet all standards for parking areas as referenced in § 180-15 for off-street parking.
D.
Property boundaries, or limitations within the property's boundaries where attendees are allowed, must be clearly marked at all times.
E.
The hours of operation shall be specified in the conditions placed on the conditional use permit.
G.
The use of overnight outdoor accommodations may be allowed by participants of the retreat center and shall meet the following requirements:
(1)
A site plan shall be submitted to the Planning Department that includes but is not limited to information regarding structures, adequate parking, traffic control into and around the site, emergency ingress and egress, directional signage, outdoor lighting and restroom facilities.
(2)
Overnight outdoor accommodations shall only be used by people participating in retreat center activities.
(3)
No permanent cabins or recreational vehicles shall be permitted.
(4)
The size and total number of outdoor sites to be occupied for overnight accommodations shall be determined by lot size as follows:
(a)
No outdoor site shall occupy more than 400 square feet.
(b)
Lots equal to or greater than two acres but less than five acres in size shall have no more than one outdoor site.
(c)
Lots equal to or greater than five acres but less than 10 acres in size shall have no more than two outdoor sites.
(d)
Lots equal to or greater than 10 acres but less than 20 acres in size shall have no more than three outdoor sites.
(e)
Lots 20 acres or more in size shall have no more than five outdoor sites.
(5)
Outdoor site locations shall be in the side or rear yard.
(6)
Outdoor site locations shall be 50 feet from any property line and/or 100 feet from any neighboring dwelling.
[Added 9-3-2024]
A.
General requirements for rural resort centers.
(1)
Rural resort centers shall be located on a parcel that fronts upon and has access to a state-maintained road, and the entrance to the property shall have Virginia Department of Transportation (VDOT) approval prior to establishing the use.
(2)
An illustrative development plan must be submitted to the Planning Department as part of the application for a conditional use permit. The development plan shall include schematic details on proposed building locations, setbacks from buildings to nearest adjacent property lines, restroom facility locations, ingress/egress, internal access roads, outdoor lighting, parking areas, landscaping, screening, and signage.
(3)
The facilities used for the rural resort center shall meet the requirements and approval of Warren County Building Inspections, Warren County Health Department, and Virginia Department of Health – Office of Drinking Water prior to establishing the use.
(4)
Any buildings constructed on the property for the rural resort center shall have a minimum setback of 100 feet from any adjacent property line.
(5)
On-site parking shall be provided in an amount equal to 2.0 spaces per lodging unit plus 1.0 space per staff member with any additional parking as determined by the Zoning Administrator upon review of the illustrative development plan. The parking areas for the resort shall be in locations approved by the Planning Department.
(6)
The maximum number of guests will be specified in the conditions for the conditional use permit and shall not exceed the maximum occupancy approved by the Health Department.
(7)
The permit shall be reviewed by Planning Department staff on an annual basis to ensure compliance with the performance standards of this section, along with all conditions placed on the conditional use permit.
B.
Lodging unit accommodations.
(1)
Standards.
(a)
Density standards. Lodging units for overnight accommodations may be erected on properties approved for a rural resort center through the conditional use permit process, subject to the following:
(b)
Proximity standards. Buildings for lodging units shall be separated from each other and from other buildings by a minimum of at least 20 feet. Buildings for lodging units shall have a minimum setback of 100 feet from any adjacent property line.
(c)
Design standards. Buildings for lodging units shall be a minimum of 250 square feet and shall not exceed 1,000 square feet in size unless the conditional use permit expressly provides for a smaller or larger size.
(2)
General requirements.
(a)
Lodging units shall not be used for permanent living quarters. Rental contracts shall not exceed 30 consecutive days in duration.
(b)
The number of occupants per lodging unit shall not exceed the maximum occupancy approved by the Health Department for each lodging unit.
(c)
The owner shall register with the Commissioner of the Revenue for a business license and for transient occupancy tax collection.
(d)
Camping and use of major recreational vehicles by resort guests for camping on the property shall be prohibited unless the property is approved for a campground through the conditional use permit process.
C.
Restaurant accommodations.
(1)
A permanent restaurant facility shall be permitted as an accessory use to a rural resort center on a parcel equal to or exceeding 30 acres in size unless otherwise disallowed or limited in the conditional use permit. A permanent restaurant facility accessory to a rural resort center on a parcel less than 30 acres in size shall be prohibited.
(2)
On-site parking for the restaurant facility shall meet the off-street parking requirements for a restaurant set forth in Warren County Code § 180-15. Such parking requirements shall be in addition to the parking requirements of the rural resort center.
(3)
The maximum occupancy of the restaurant facility will be included in the overall maximum occupancy of the rural resort center specified in the conditions for the conditional use permit and shall not exceed the maximum occupancy approved by the Health Department and Building Official.
A.
No such use shall be established closer than 500 feet to any existing residential property line. Operation of such use shall be limited to Monday through Friday between the hours of 7:30 a.m. and 5:00 p.m. unless otherwise stipulated by the Board of Supervisors in the granting of a conditional use permit.
B.
No structure and no storage of lumber, logs, chips or timber shall be located closer than 100 feet to any lot line. Trees and vegetation within the one-hundred-foot setback shall be maintained as a buffer to adjoining properties and uses; however, during the last month of operation such trees may be removed.
[Added 6-17-1997]
A.
Statement of intent. The following provisions are intended to ensure that timbering and logging operations are conducted in a safe and healthful manner. These provisions shall not apply to timbering and logging activity in areas zoned Agricultural (A), Commercial (C) or Industrial (I).
B.
The minimum acreage required for a logging operation in a residentially zoned area is 20 contiguous acres, under a single ownership, and defined as real estate devoted to forest use under Chapter § 58.1-3230 of the Code of Virginia as amended.
C.
A twenty-five-foot-undisturbed buffer shall be maintained along the perimeter of the property being timbered or logged, where it borders residentially zoned property, in order to protect adjacent properties from damage caused by the timbering or logging activities.
D.
The cutting or logging of any trees for commercial purposes shall not be conducted without the submission of a preharvest plan, approved by the Virginia Department of Forestry and prepared by a professional forester, to the Warren County Zoning Administrator.
F.
The guidelines in the Loggers Guide, Virginia Department of Forestry, 1988, (and as subsequently amended by the Virginia Department of Forestry) shall be the minimum standards and criteria for the preharvest plan and shall be understood and applied as the minimum requirements for the following:
(1)
Haul roads.
(2)
Skid trails.
(3)
Haul road and skid trail drainage.
(4)
Log decks, landings and mill seats.
(5)
Streamside management zone (SMZ). Streamside management zones shall be no less than 50 feet in width on each side of a perennial stream or 30 feet from an intermittent stream as identified by the United States Geological Survey.
(6)
Seeding of bare soil.
G.
A bond or irrevocable letter of credit issued by a bank or savings and loan association shall be posted for any timbering or logging operation which uses for access a private subdivision road not in the state highway system. The bond or irrevocable letter of credit shall be in an amount sufficient to cover the costs of reconstruction of the road to its prelogging condition from the point of entry to the subdivision to the point of exit on the property being timbered or logged. The amount and conditions of the bond or irrevocable letter of credit shall be based upon two outside recommendations from qualified road contractors. The bond or irrevocable letter of credit must be submitted to and approved by the Board of Supervisors prior to the start of any logging operations.
[Added 7-21-1998]
Shopping centers shall be in single ownership or under a guaranteed unified management control. Shopping centers shall consist of an harmonious selection of uses and groupings of buildings, service and parking areas, circulation and open space and shall be subject to the provisions of the Condominium Act of Virginia[1] and shall comply with the following regulations:
A.
Permitted principal uses shall be as follows:
(1)
Stores for the sale of goods at retail or the performance of customary personal services or services clearly incidental to retail sales.
(2)
Business, professional or banking offices.
(3)
Restaurants, cafes or similar places serving food and/or beverages.
(4)
Parking areas for transient auto vehicles, but not for the storage of new or used motor vehicles for sale.
(5)
Gasoline service stations, with repairs done within a building.
(6)
Theater, not including drive-in theaters.
B.
Permitted accessory uses located on the same lot with the permitted principal use. Only the customary accessory uses associated with a commercial district shall be permitted, provided that they are limited to the same lot as the principal uses.
D.
Supplementary regulations.
(1)
Off-street parking and loading. Off-street parking shall be provided on the premises at the rate of five parking spaces per 1,000 gross square feet for every shopping center facility 10,000 square feet in size or less. For shopping centers over 10,000 square feet, the parking requirement shall be four parking spaces per 1,000 gross square feet. Parking shall be permitted in the areas required for front, side and rear yard setbacks up to a point of 25 feet from any lot line.
(2)
Access and traffic controls. All means of ingress or egress from the shopping center to any public street or state highway shall be located at least 200 feet from any other intersecting street or streets and shall be designed to conduct traffic in a safe manner. The developer shall be responsible for the purchase and erection of any necessary traffic control devices and the construction of additional acceleration or deceleration lanes or service walks as may be required by the Virginia Department of Transportation or by the County.
(3)
Shopping cart storage. Establishments furnishing carts or mobile baskets shall provide definite areas on the site for the storage of carts. Storage areas shall be clearly marked and designated for the storage of shopping carts and/or mobile baskets.
[1]
Editor's Note: See §§ 55-79.39 through 55-79.103, Code of Virginia 1950.
[Added 7-20-2010]
A.
Temporary family health care structures, as specifically defined in this chapter, shall be a permitted accessory use in applicable zoning districts on lots zoned for single-family detached dwellings if such structure is:
B.
Any person proposing to install such structure shall first obtain a permit for an accessory use permitted by right.
C.
In addition to the specific requirements under the definition of a temporary family health care structure found in § 180-8 of the Warren County Code, such structures must meet the following additional requirements:
(1)
Only one such structure shall be allowed on a lot or parcel of land.
(2)
The applicant must provide evidence of compliance with this section on an annual basis as long as such structure remains on the property. Such evidence will involve inspection by the locality of such structure at reasonable times.
(3)
The applicant must comply with all applicable requirements of the Virginia Department of Health.
(4)
No signage advertising or otherwise promoting the existence of the structure shall be permitted.
(5)
Such structure shall be removed within 30 days of the time from which the mentally or physically impaired person is no longer receiving or is no longer in need of the assistance provided for in this section.
[Added 4-17-2012; amended 11-18-2014; 3-12-2024]
Where allowed, short-term tourist rentals shall meet the following requirements:
A.
Upon approval of a conditional use permit by the Warren County Board of Supervisors, the owner of a dwelling unit to be used for a short-term tourist rental shall apply and receive a certificate of zoning from the Planning Department prior to utilizing the dwelling unit as a short-term rental. The permit shall be reviewed by planning staff on an annual basis to ensure compliance with the performance standards listed in this section, along with all conditions placed on the conditional use permit, if applicable. Warren County may revoke a permit for repeated noncompliance with these performance standards.
B.
The maximum number of occupants in the dwelling unit shall be determined according to permit approval received by the Warren County Health Department; however, the maximum number of occupants shall not exceed 10.
C.
Parking for the use shall be located in driveways or other designated and approved parking areas. The parking of vehicles is prohibited in or along all rights-of-way and in yards.
D.
Property boundaries, or limitations within the property’s boundaries where transients are allowed, must be clearly marked at all times.
E.
There shall be no visible evidence of the conduct of such short-term tourist rental activity other than one nonilluminated identification sign. Maximum sign area: four square feet.
F.
A fire extinguisher shall be provided and visible in all kitchen and cooking areas; smoke detectors shall be installed in all locations as identified in the Uniform Statewide Building Code; and a carbon monoxide detector must be installed on each floor in every dwelling.
G.
The owner of a dwelling used for short-term tourist rentals shall give the county written consent to inspect any dwelling used for short-term rental to ascertain compliance with all the above performance standards upon a twenty-four-hour notice.
H.
A Property management plan demonstrating how the short-term tourist rental will be managed and how the impact on neighboring properties will be minimized shall be submitted for review and approved by Planning Department staff as part of the initial conditional use permit application. The plan shall include local points of contact primarily located within 30 miles of the property used for short-term rentals available to respond immediately to complaints, clean up garbage, manage unruly tenants and utility issues, etc. The plan shall include an emergency evacuation plan for the dwelling and neighborhood. It shall also be posted in a visible location in the short-term rental. The contact numbers shall be provided to County staff, public safety officials and, if applicable, the HOA/POA of the subdivision. The plan must be provided as part of the rental contract. A copy of Chapter 123 of the Warren County Code relative to noise must be provided at the short-term tourist rental dwelling.
I.
If the property is located within a subdivision governed by a homeowners' association/property owners' association, the Planning Department must request comments and any recorded restrictive covenants which expressly prohibit short-term tourist rentals from the HOA/POA as part of the conditional use permit process.
J.
The short-term tourist rental shall have a "land line" with local phone service if such service is reasonably available. If "land line" service is not reasonably available, the short-term tourist rental shall have some other form of telecommunication that is able to place and receive telephone calls and which is capable of providing Enhanced 911 (E911) service. The phone number servicing the short-term tourist rental shall be included in the property management plan.
K.
Outdoor burning and use of fireworks by transient guests shall be prohibited.
L.
The discharge of firearms and hunting on the property by transient guests shall be prohibited.
M.
The use of all-terrain vehicles (ATVs) by transient guests on the property and on state, county, and subdivision roads shall be prohibited.
N.
No short-term tourist rental activity shall take place on the property until the owner has registered for a business license and transient occupancy tax account with the Commissioner of the Revenue.
O.
There shall be a minimum of 100 feet from the short-term tourist rental to all neighboring residences.
P.
Failure to comply with the approved conditions and/or supplementary regulations will subject the permit to revocation procedures as described in Warren County Code § 180-63. The Planning Department shall investigate any alleged violation of the approved conditions and/or supplementary regulations within a reasonable period of time upon receipt of a complaint.
[Added 7-2-2024]
A.
Any parcel of land used for storage of cars, boats and recreational vehicles must be at least 15 acres in size.
B.
Any parcel of land used for storage of cars, boats and recreational vehicles must front upon and have access to a state-maintained road, and the entrance to the property shall have Virginia Department of Transportation (VDOT) approval for this type of use.
C.
An illustrative development plan must be submitted to the Planning Department as part of the application for a conditional use permit. The development plan shall include details on proposed parking/storage area locations, ingress/egress, internal access roads, surface materials for access roads and parking/storage locations, setbacks from parking/storage areas to adjacent property lines, screening, landscaping, outdoor lighting, and signage.
D.
Parking/storage areas shall have a minimum setback of 50 feet from any adjacent property line.
E.
Internal access roads shall be constructed of a dust-free surface which is adequate for the types of vehicles to be accommodated. Parking/storage areas may be constructed with graveI or similar materials. Surface materials for internal access roads and parking/storage areas shall be approved by Planning Department staff.
F.
Areas used for outdoor storage of cars, boats and recreational vehicles shall be fully screened from view. Such screening shall be composed of walls, fences and/or berms, and shall be landscaped.
H.
The hours of operation shall be specified in the conditional use permit.
I.
Outdoor storage of inoperative vehicles or inoperative major recreation equipment shall be prohibited.
J.
The use of the property for camping, auto/auto parts sales, commercial auto repairs, auto salvage, and as a junkyard shall be prohibited unless otherwise approved through the conditional use permit or zoning permit process. The use of recreational vehicles for temporary or permanent housing shall be prohibited while parked on the property.
[1]
Editor's Note: Former § 180-57, Vacation camp, day or overnight, was repealed 6-4-2024.
A.
No structure or area occupied by animals shall be closer than 50 feet to any agricultural or residential property line.
B.
For soundproofed confinements, noise measured at the nearest agricultural or residential property line shall not exceed 60 decibels.
C.
Nonsoundproofed animal confinements (runs) shall be surrounded by a solid fence not less than six feet in height and located within 50 feet of the confinement. Such fence shall be composed of concrete block, brick or other equivalent material approved by the Zoning Administrator.
D.
From 10:00 p.m. to 7:00 a.m., all animals shall be confined in an enclosed building and noise measured at the nearest agricultural or residential property line shall not exceed 55 decibels and noise measured at the nearest agricultural or residential property line shall not exceed 60 decibels from 7:00 a.m. to 10:00 p.m.
[Amended 4-25-2023]
Structures for wayside stands shall not exceed 400 square feet in floor area nor be closer than 35 feet to the front property line or to a side property line adjoining a street. Entrances and exits to roads shall be clearly delineated and shall be located as to provide safe ingress and egress to the premises. A mobile food establishment operating in conjunction with a wayside stand shall not operate outside of the hours of operation of the wayside stand.
[Added 5-19-2009]
Wind energy systems shall be subject to certain requirements as set forth below:
A.
Tower height. With regard to the wind energy system, the height of the tower is the height above grade of the fixed portion of the tower, excluding the wind turbine itself.
B.
Clearance. The minimum distance between the ground and any protruding blades utilized on a wind energy system shall be 15 feet, as measured at the lowest point of the arc of the blades. The lowest point of the arc of the blade shall be 10 feet above the height of any structure within 150 feet of the base. The supporting tower shall also be enclosed with a six-foot-tall fence or the base of the tower shall not be climbable for a distance of 12 feet.
C.
Setbacks. The wind energy system shall be set back a distance at least equal to 110% of the height of the tower plus the blade length from all adjacent property lines and a distance at least equal to 150% of the tower height plus blade length from any habitable dwelling on the neighboring property. No part of the wind energy system structure, including guy wire anchors, may extend closer than 10 feet to the property boundaries of the property.
D.
Noise. Wind energy systems shall not exceed 60 decibels, as measured at the closest neighboring inhabited dwelling. The level, however, may be exceeded during short-term events such as utility outages and/or severe wind storms.
E.
Wind energy towers shall maintain a galvanized steel finish or, if the owner is attempting to conform the tower to the surrounding environment, it may be painted to reduce visual obtrusiveness.
F.
No tower shall have any sign, writing, or picture that may be construed as advertising.
G.
The proposed height of the wind energy system shall not exceed the height recommended by the manufacturer or distributor of the system.
H.
Wind turbines must have been approved by the American Wind Energy Association.
I.
The wind energy system generators and alternators should be constructed so as to prevent the emission of radio and television signals and shall comply with the provisions of Section 47 of the Federal Code of Regulations, Part 15, and subsequent revisions governing said emissions.
J.
Utility notification. No wind energy system shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.
K.
Code requirements.
(1)
Compliance with Uniform Statewide Building Code. Building permit applications for wind energy systems shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. An engineering analysis of the tower showing compliance with the Uniform Building Code and certified by a licensed professional engineer shall also be submitted. This analysis is frequently supplied by the manufacturer. Wet stamps shall not be required.
(2)
Compliance with FAA regulations. Wind energy systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports. Wind energy systems shall not be artificially lighted unless required by the FAA.
(3)
Compliance with National Electric Code. Building permit applications for wind energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electric Code. This information is frequently supplied by the manufacturer.
(4)
Compliance with regulations governing energy net metering. Wind energy systems connected to the utility grid must comply with the Virginia Administrative Code, 20 VAC 5-315: Regulations Governing Energy Net Metering.
L.
Any wind energy system found to be unsafe by the Warren County Building Official shall be repaired by the owner to meet federal, state, and local safety standards or removed within six months. Any wind energy system that is not operated for a continuous period of 24 months shall be considered abandoned and the owner of the system shall remove the turbine within 90 days of receipt of notice from the County instructing the owner to remove the abandoned wind energy system.
