Special exceptions are authorized by the terms of this chapter.
The purpose of the special exception procedure is to provide for certain
uses which cannot be well-adjusted to their environment in particular
locations by rigid application of the district regulations. These
uses are generally essential or desirable at many locations in the
County but may have unusual characteristics or have characteristics
which are different enough from those of their immediate surroundings
that they require the exercise of planning judgment as to the location
and plan of development.
Applications for special exception permits shall be filed with
the Zoning Administrator on a form provided therefor and shall be
accompanied by the appropriate fee, as determined by the governing
body, and sketch plan of development and other information sufficient
to enable a full determination of the facts of the case and the impact
of the proposal on surrounding properties. The Zoning Administrator
shall establish minimum standards for sketch plans and shall assist
the applicant with the use of available County maps to ensure the
accuracy of facts presented in the application. The Zoning Administrator
or his/her agent shall make a field inspection of the property and
shall be prepared to report to the governing body thereon. A request
for a special exception permit shall be advertised as required by
the Code of Virginia 1950, as amended, prior to a hearing on the matter
before the governing body. The owners of all abutting property and
property across the street or road from the property affected shall
be notified of the request by first-class mail at least five days
prior to the hearing.
Except as otherwise provided in this chapter, any use listed
as requiring approval as a special exception permit and which use
legally exists at the effective date of the regulations of this chapter
shall be considered a nonconforming use unless it has been approved
as a special exception by the governing body.
In addition to the general guidelines and standards set forth
in this article, certain specific guidelines and standards are established
by the terms of this chapter to assist the governing body in arriving
at a decision on particular applications for special exceptions. It
is the intent that all of the applicable factors be weighed in order
to reach a decision which best accomplishes the overall purpose of
the special exception procedure, particularly in seeking compatibility
between uses of different kinds.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
In reviewing an application for a special exception permit to
establish or enlarge an intensive agriculture use in certain nonagricultural
zoning districts under the terms of this chapter, the following factors
shall be taken into account. It is not the intent of this chapter
to establish numerical minimum or maximum values for specific aspects
of the operation, there being many opportunities for variation depending
on the facts of a particular location; provided, however, that the
governing body may establish specific values if it finds them to be
reasonable in a particular case and may seek expert advice to assist
with determinations. The factors to be considered shall include:
A. The distance of the confinement site from property lines. A minimum
distance and site area may be required to accommodate a particular
operation.
C. The proposed intensity of use, size of operation, number of animals
or poultry, structures, machinery, noise, flies, rats, dust, odor,
traffic, parking and loading areas, areas to be paved, and areas to
be kept in grass.
D. The type of waste and the waste disposal plan.
E. Location with respect to streams or bodies of water.
F. Conditions of surrounding land use, location of existing dwellings,
businesses, public uses, and other special agricultural uses.
G. The view of the site from surrounding properties.
H. Significance of the direction of prevailing winds.
I. Natural features, topography, the slope of the confinement site,
intervening wooded areas, proposed grading and landscaping.
J. Location of lands planned or zoned for residential or commercial
use.
K. Any other factor(s) deemed by the governing body to be necessary
to the safety, health and welfare in establishing or enlarging a special
agricultural use.
[Amended 2-21-2018]
The following conditions will be imposed on applications for
the location of wireless support structures which exceed 80 feet in
height on property zoned A-5, RP-5, RR-3, R-10, R-5, R-3, ER-1, MHS,
B-1, M-1 and M-2.
A. A buffer of evergreen screening (trees or hedging) shall be provided
around the entire facility with the exception of any associated office
building. A section of fence at least six feet in height shall be
provided completely around the base of the wireless support structure
and any associated equipment.
B. A site plan of the proposed facility must be submitted to and approved
by the Zoning Administrator. As part of the site plan submittal, the
applicant must provide Amelia County with detailed information regarding
the proposed facility's location, latitude and longitude, and service
area.
C. The facility shall not interfere with the radio, television or communications
reception of nearby property owners in residence at the time of construction.
The applicant shall take steps to successfully eliminate any such
interference.
D. All wireless support structures and other structures shall meet all
safety requirements of all applicable building codes.
E. Setback.
[Amended 4-19-2023 by Ord. No. 23-03]
(1)
All wireless support structures shall set back from any property
line a distance equal to 120% of the height of the wireless support
structure, or the distance of the "fall zone" as certified by a registered
professional engineer licensed in Virginia.
(2)
Wireless support structures shall not be constructed or erected
nearer than 120% of the height of a wireless support structure, or
the distance of the "fall zone" as certified by a registered professional
engineer licensed in Virginia to a residential dwelling unit located
on the same property as the wireless support structure.
(3)
Wireless support structure shall not be constructed or erected
nearer than 120% of the height of the wireless support structure or
500 feet, whichever is greater, to any residential dwelling off-premises
from the wireless support structure.
(4)
If the "fall zone" establishes the setback, then the required
certification shall be filed with the Community Development Department
at time of site plan review.
(5)
The governing authority may reduce/waive the standard setback
requirements when considering factors such as a substantial stand
of vegetation being preserved within the setback from the property
line/fall zone and/or relevant topographic factors that would impact
the potential fall zone.
(6)
This subsection does not apply to adjacent property owners'
construction of a residential dwelling subsequent to erection of the
wireless support structure.
F. Verifiable evidence of the lack of antenna space on existing wireless
support structures, buildings, or other structures suitable for antenna
location, or evidence of the unsuitability of existing wireless support
structure locations for co-location, must be provided by the applicant.
G. An engineering report, certifying that the proposed wireless support
structure is compatible for a minimum of four users, must be submitted
by the applicant.
H. Documentary evidence of compliance with all Federal Aviation Administration
and Federal Communications Commission requirements shall be submitted
by the applicant.
I. All structures shall have a galvanized steel finish. Wireless support
structures shall only be painted if required by the Federal Aviation
Administration, and documentary evidence from the FAA requiring such
painting must be provided to the County by the applicant.
J. All applicants must provide documentary evidence that the facility
will not exceed applicable health standards established by the federal
government and/or American National Standards Institute.
K. No advertising of any type may be placed on the wireless support
structures or accompanying facility.
L. All wireless support structures must be dismantled by the owner of
the structure if not properly maintained for a period exceeding 24
consecutive months. The Board of Supervisors may require the posting
of surety by the applicant in an amount sufficient to cover the costs
of dismantling, and the surety shall be submitted to the County prior
to the issuance of the special exception permit.
[Amended 4-20-2022 by Ord. No. 22-007]
M. The applicant shall notify adjoining property owners and other residents
of the community to discuss specific proposals prior to public hearing
before the Planning Commission and Board of Supervisors, and evidence
shall be submitted as part of the special exception permit application
that such notice was given.
[Amended 5-16-2001]
The following conditions will be imposed on applications for
the location of a detached dwelling in the A-5, RP-5, and RR-3 Zoning
Districts.
A. Applications for renewal shall be made every three years to the Zoning
Administrator.
B. Placement is subject to approval by the Health Officer.
C. Single-wide manufactured homes used as detached dwelling units are
only permitted in zoning districts where single-wides are allowed
by permitted use.
D. A detached dwelling unit shall be located at least 16 feet from the
primary structure.
E. Any accessory dwelling unit, excluding dependent dwelling units,
shall have to meet the density requirements of the zoning district.
[Amended 3-16-2011]
The following conditions will be imposed on applications for
increasing building/structure heights beyond the limits listed in
each zoning district. The limits listed in each zoning district do
not apply to County buildings/structures.
A. All district setbacks shall be applied or adjusted to 120% of the
proposed building/structure height, whichever is greater.
B. No unoccupied building/structure constructed of combustible material
shall exceed 35 feet without approved internal fire support equipment.
Any building/structure housing combustible, flammable and/or hazardous
materials shall have appropriate environmental and fire-protection
equipment/systems installed.
C. Unoccupied industrial structures taller than 35 feet may only be
entered or occupied as required for routine maintenance.
D. Unoccupied industrial structures must be dismantled by the owner
of the structure if not properly maintained for a period exceeding
24 consecutive months.