[Amended 11-14-1989; 5-28-1996]
A.
Home occupations are permitted by right, as an accessory
use, in zoned districts which allow residential uses, provided that
the requirements of this section are met and a home occupation permit
has been issued by the Zoning Administrator's Office.
B.
The person conducting the home occupation must be
the owner of the dwelling in which the home occupation is to be located,
or if the applicant is a tenant, written approval of the owner must
be provided.
C.
The home occupation shall be operated only by members
of the family residing in the dwelling, with no other employees permitted.
D.
The home occupation shall be clearly incidental or
secondary to the use of the dwelling as a residence and shall be restricted
to the dwelling only. Home occupation activities shall not occupy
more than 25% of the floor area. No accessory building shall be constructed
or used for storage of inventory in conjunction with the home occupation.
E.
The home occupation shall not generate any additional
traffic beyond what is customary to residential use, nor shall customers
be permitted to come to the residence for business.
F.
The exterior of the dwelling shall show no evidence
of the attendant home occupation. There shall be no outside display
of products, goods or commodities in conjunction with the home occupation.
The use of a sign shall also be prohibited.
[Amended 11-14-1989; 5-28-1996]
A.
A home business is a commercial activity which is incidental and secondary to the use of the dwelling as a residence, but generally exceeds the requirements for home occupations as set forth in § 165-29.
B.
There shall be two levels of home business: Level
1 and Level 2.
(1)
Level 1 home businesses are permitted by right, as
accessory uses, in the C-1, A-1 and R-1 Zoning Districts, provided
that the requirements of this section are met and a Level 1 home business
permit has been issued by the Zoning Administrator. A Level 1 home
business may be permitted, with the issuance of a special use permit,
in the R-2 and R-3 Zoning Districts.
(a)
The person conducting the home business must
be the owner of the dwelling in which the home business is to be located,
or if the person is a tenant, written approval of the owner must be
provided.
(b)
The home business shall be operated by members
of the family residing in the dwelling and may employ up to two employees.
(c)
One off-street parking space shall be provided for each employee, in addition to those parking spaces required in § 165-86B.
(d)
The home business, with its storage area, shall
not occupy more than 25% of the living area within the dwelling. An
accessory building may be used only for storage of inventory in conjunction
with the home business.
(e)
The home business shall not generate additional
traffic beyond what is customary to residential use and that generated
by permitted employees. Customers shall not be permitted to come to
the residence for business.
(f)
The exterior of the dwelling shall show no evidence
of the attendant home business. There shall be no outside display
of products, goods or commodities in conjunction with the home business.
The use of a sign shall also be prohibited.
(2)
Level 2 homes businesses may be permitted, with the
issuance of a special use permit, in zoned districts which allow residential
uses.
(a)
The person conducting the home business must
be the owner of the dwelling in which the home business is to be located,
or if the person is a tenant, written approval of the owner must be
provided.
(b)
The home business shall be operated only by
members of the family residing in the dwelling, and may employ up
to two employees unless otherwise authorized during approval of the
special use permit.
(c)
One off-street parking space shall be provided for each employee, in addition to those parking spaces required in § 165-86B.
(d)
The home business, with its storage area, shall
not occupy more than 25% of the living area within the dwelling. An
accessory building may be used only for storage of inventory in conjunction
with the home business, unless otherwise authorized during approval
of the special use permit.
(e)
The home business shall give no evidence of nonresidential use other than through the use of a sign meeting requirements as set forth in § 165-90A(3). There shall be no outside display of products, goods or commodities in conjunction with the home business.
Parking shall be required on the lot to accommodate
a minimum of three cars per wash bay for the purpose of avoiding an
accumulation of cars backing upon a public thoroughfare.
All shopping centers shall comply with the following
requirements in order to be issued a special permit:
A.
No more than 30% of the lot area shall be occupied
by buildings.
B.
The distance at the closest point between any two
buildings or groups of attached buildings in the shopping center shall
not be less than 20 feet.
C.
No building may be located closer than 50 feet to
the ultimate right-of-way of any public street or within 25 feet of
any other property line. No building shall be closer than 50 feet
to a side or rear property line which is adjacent to an agricultural,
conservation or residential district.
[Amended 6-24-2008 by Ord. No. 2008-9]
D.
The maximum height of any building shall be 35 feet.
E.
Adequate areas shall be provided for loading and unloading
of delivery trucks and other vehicles, servicing of shops by refuse
collection, fuel and other service vehicles, automobile accessways
and pedestrian walks. The above service areas shall be screened from
view from any abutting roadway.
F.
Provisions shall be made for safe and easy access
to and from public roads servicing the center without undue congestion
to or interference with normal traffic flow. All points of vehicular
access to and from public streets shall be located not less than 200
feet from the intersection of any public street lines. The Planning
Commission shall satisfy itself as to the adequacy of the road to
carry the additional traffic created by the shopping center. Special
merging or entrance lanes may be required to avoid congestion and
hazards. The State Department of Highways and Transportation shall
be consulted by the County.
G.
No parking, access or service area may be located
closer than 25 feet to a side or rear property line adjacent to a
conservation, agricultural or residential district.
H.
No fewer than 4.25 automobile parking spaces with
suitable access shall be provided for each 1,000 gross square feet
of building floor area.
[Amended 6-24-2008 by Ord. No. 2008-9]
I.
Parking, loading or service areas used by motor vehicles
shall be located entirely within the lot lines of the shopping center
and shall be separated from public streets.
J.
Lighting facilities shall be arranged in a manner
which will protect the highway and neighboring properties from direct
glare or hazardous interference of any kind.
K.
The shopping center shall be permanently screened
from adjoining residential districts by a wall, fence, evergreen hedge
and/or other suitable enclosure of a minimum height of three feet
and a maximum height of seven feet. The Planning Commission may waive
the requirements for a screening enclosure and/or screening area if
equivalent screening is provided by existing vegetation, parks, recreational
areas, or by topography or other natural conditions.
L.
A landscaped planting area shall be provided along
street frontage occupied by a shopping center at least 10 feet in
depth.
M.
No shopping center shall be erected or used that is
not adequately served with both public sanitary sewers and public
water unless authorized upon submission of evidence deemed satisfactory
by the Planning Commission to the fact that sanitary sewers and public
water supply are not feasible in the particular location in question.
[Added 5-23-2000 by Ord. No. 00-6]
Television and/or radio towers shall be prohibited
from using white flashing aviation obstruction lights, except that
a dual lighting system, including red lights for nighttime and medium
intensity flashing white lights for daytime and twilight use, as approved
by the Federal Aviation Administration, shall be permitted.
[Added 8-27-2019 by Ord.
No. 2019-08]
All special event centers, where allowed, shall comply with
the following requirements in addition to any other requirements applicable
by special use permit:
A.
No special event shall be conducted for a period longer in duration
than three consecutive days.
B.
A site plan shall be submitted with the special use permit application.
The site plan shall identify the following:
(1)
The locations where special events will be held and the setback
of such locations from the front, rear, and side lot lines;
(2)
The locations of access to and from the special events from
public roads;
(3)
The locations of all parking areas and the number of available
parking spaces, whether paved or unpaved;
(4)
The locations and square footage for all structures to be used
for special events;
(5)
The locations of all sewage or septic facilities.
C.
Special event centers that share a private easement with another
property owner(s) must show the easement allows a use of this type
or written permission must be obtained by the sharing parties.
D.
Unless otherwise specified by special use permit, special event centers with indoor events spaces shall provide a minimum of one parking space, as defined in § 165-86, for each 200 square feet of floor area in rooms used by event participants for assembly. Special event centers with outdoor event spaces shall provide for a sufficient number of parking spaces to accommodate the number of guests. Parking spaces shall not be designed or located so as to require or encourage cars to back up into or otherwise obstruct a public street. Such parking spaces shall further comply with the requirements in § 165-86, Subsections D through F.
[Added 1-7-2020 by Ord.
No. 2020-01; amended 3-24-2020 by Ord. No. 2020-06; 6-27-2023 by Ord. No. 2023-07]
A.
Statement of intent: to allow the keeping of livestock, poultry,
and apiaries as an accessory use to a single-family dwelling on lots
within the Rural Residential — Conservation (RR-C), Rural Residential
— Agriculture (RR-A), Low-Density Residential (R-1), and Medium-Density
Residential (R-2) Districts in order to promote and protect farming
as a hobby and occupation within Shenandoah County. The goal of the
regulations is to protect the residential integrity of the surrounding
community, health and safety of the residents, and allow the keeping
of livestock, poultry, and apiaries.
B.
The keeping of livestock, poultry, and apiaries on parcels within those districts set forth in § 165-32.3A, shall be subject to certain requirements as set forth below:
(1)
Poultry. No more than the following number of poultry animals
shall be allowed on a parcel or contiguous parcels under the same
ownership. Poultry animals are only permitted as an accessory use
to a single-family dwelling.
(a)
For parcels less than two acres in size, a flock of no more
than 12 poultry shall be permitted at any one time.
(b)
For parcels two acres or more in size, a flock of no more than
24 poultry shall be permitted at any one time.
(c)
No more than one rooster is allowed at any one time. Guinea
fowl, turkeys, geese, and peacocks are prohibited. Large poultry such
as ostrich and emu shall be considered livestock.
(d)
Poultry shall not be allowed to roam free and shall be kept
in a stationary or portable pen, coop, or fencing at all times to
prevent them from escaping.
(2)
Livestock. No more than one animal unit of livestock per acre,
subject to the following conditions;
(a)
The allowed number of livestock shall be allowed on a parcel
or contiguous parcels under the same ownership. Livestock animals
are only permitted as an accessory use to a single-family dwelling.
(b)
The enclosure in which the animals are kept shall be maintained
to prevent the migration of soil onto adjoining properties, off-site
ditches and waterways.
(c)
In determining the number of livestock permitted, only equine
six months or older in age and cattle, sheep, goats, and swine one
year or older in age or weaned, whichever comes first, are counted.
(d)
For the purpose of this computation, fractions of an acre shall
be rounded down to the next whole number. For example, a parcel that
is 1.9 acres shall be allowed one animal unit.
(e)
In determining the number of livestock permitted, combinations
of animals are allowed, provided that the ratio of one animal unit
per acre is maintained.
(3)
Beekeeping/apiaries. Honeybees must be acquired and beehives
constructed and maintained in accordance with Title 3.2, Chapter 44,
as amended, of the Code of Virginia, as determined by the State Apiarist.
(4)
Notwithstanding the other provisions of this chapter and in addition to the animal units otherwise permitted, the temporary keeping of livestock or poultry as an educational project approved and sponsored by a youth organization shall be permitted, subject to the requirements of Subsection C and the following:
(a)
The temporary livestock project must be approved by a bona fide
educational or agricultural association for youths, such as 4-H Livestock
Club, Future Farmers of America (FFA) or similar organizations.
(b)
The Zoning Administrator may require verification that any temporary
livestock project to be conducted in accordance with this section
has been approved and is sponsored by a bona fide educational or agricultural
association for youths.
C.
Keeping of livestock, poultry and apiaries as permitted in this section
shall meet the following minimum standards:
(1)
Setbacks. All enclosures, structures, and areas associated with
the keeping of animals shall be located in the rear yard, and all
enclosures, structures, and areas associated with the keeping of animals
shall be set back a minimum of 20 feet from all property lines and
a minimum of 30 feet from any private wells, stormwater management
facilities, ditches, perennial streams, and springs.
(a)
Setback to property lines may be reduced to less than 20 feet
but greater than or equal to five feet by mutual consent of the applicant
and adjacent property owner. Consent shall be evidenced by notarized
written agreement.
(2)
Best management practices. The property owner shall employ livestock
and poultry best management practices for appropriate pasture and
any enclosure maintenance, animal feeding, housing and waste, and
odor management and reduction in the propagation of insects. This
shall not be meant to imply a requirement to eliminate all odors from
the keeping of livestock or poultry.
(3)
Notwithstanding the acreage available for agricultural use,
the number of animal units allowed shall be limited by the owner's
ability to meet the following standards:
(4)
No on-site slaughtering of livestock or poultry shall be permitted.
[Added 1-26-2021 by Ord.
No. 2021-02]
All homeshares and/or short-term rentals, where allowed, shall
comply with the following requirements in addition to any other requirements
applicable by special use permit:
A.
A fire extinguisher shall be provided and visible in all kitchen
and cooking areas and in all non-dwellings. Smoke detectors shall
be installed in all locations as identified in the Uniform Statewide
Building Code and in all non-dwellings that are the subject of the
special use permit.
B.
All rentals, including non-dwellings, shall have approved sanitary
facilities approved by the Virginia Department of Health. Portable
bathrooms prohibited.
C.
Emergency information must be conspicuously posted inside the property,
including contact information for the party responsible for management
of the rental.
D.
All non-dwellings shall be issued a 911 address that must be clearly
posted outside the rental.
E.
Off-street parking must be provided in accordance with § 165-86C(8).
F.
All non-dwellings and related structures must meet a setback of at
least 50 feet from any adjoining property lines.
