On the agenda: Campbell County meeting — Data Center (Jun 22)

Planning Commission Meeting
June 22, 2026
Available via ZOOM
1.

7:00 P.M. Regular Meeting
❖ Call to order
❖ Pledge of Allegiance
❖ Minutes for consideration from the regular meeting of May 26, 2026
Documents:
MAY 26, 2026 PLANNING COMMISSION MINUTES.PDF

2. PUBLIC HEARINGS FOR CONSIDERATION
*Commissioners are reminded to please include in motions on land use matters one or
more of the following reasons: public necessity, convenience, general welfare, or good
zoning practice. Good zoning practice is assumed unless the motion states otherwise.
The following matters are scheduled for the August 4, 2026 Board Meeting:
Documents:
JUNE 22, 2026 PLANNING COMMISSION PACKET.PDF
2.I. PL-26-024
Request by Nathan Roakes, for Campbell County to vacate to 50’ unopened road off of
Oak Grove Drive as shown on the plat recorded in Plat Book 15, Page 134 and further
identified as parcels 32D-1-B-26 and 32D-1-B-23.
2.II. PL-26-108

Request by Nathan Roakes, for Campbell County to vacate to 50’ unopened road off of
Oak Grove Drive as shown on the plat recorded in Plat Book 15, Page 134 and further
identified as parcels 32D-1-B-26 and 32D-1-B-23.
2.II. PL-26-108
Request by Tom DeWitt of DeWitt Real Estate & Auctions, agent for Cut Rate Septic
Tank Services, LLC, for a special use permit for the property located at 782 Candlers
Mountain Road and further identified as tax map parcel 23-15-B to allow for a
contractor’s equipment storage yard. The property is located in an area designated as
medium to high density residential per the current Comprehensive Plan.
2.III. PL-26-109
Request by Sandra Baker, for a special use permit for the property located at 1562
Bethany Road and further identified as tax map parcel 35G-3-4 to allow for a tourist
house. The property is located in an area designated as transitional per the current
Comprehensive Plan.
2.IV. The Following Matters Are Scheduled For The July 21, 2026 Board Meeting:
2.V. PL-26-000
Semi-Annual Code Update to Chapter 22 (Zoning).
Documents:
CH 22 - ZONING (7.21.26).PDF
2.VI. PL-26-132
Staff initiated County wide rezoning request to rezone all properties currently zoned
Residential – Manufactured Housing or Residential Manufactured Housing, Conditional
to Residential – Dense Urban or Residential Dense Urban, Conditional, as applicable.
3. MATTERS FROM THE PLANNER
3.I. FY26 Summary
Documents:
ANNUAL REPORT FY26.PDF
3.II. Comprehensive Plan Update
4. MATTERS FROM THE COMMISSIONERS
4.I. Meeting Attendance (7/27/26)
5. MOTION FOR ADJOURNMENT

Campbell County Planning Commission, May 26, 2026

Campbell County Planning Commission
Minutes
May 26, 2026
The regular meeting of the Campbell County Planning Commission was held on Tuesday, May
26, 2025, in the Board of Supervisors Meeting Room, Walter J. Haberer Building, Rustburg,
Virginia. The following members were present:
Dean B. Monroe
Michael S. Condrey
Megan Witt
Trish R. Hedges
David Gough
Robert J. Otero
Charlie Watts, Board of Supervisors Representative
Members Absent:
John Thilking
Staff Members present:
Brian R. Stokes, Community Development Director
Katherine N. Reusch, Planner
Crystal J. Machhi, Staff Secretary
//

Chairman Monroe called the meeting to order followed by the Pledge of Allegiance at 7:00 p.m.

//

Chairman Monroe asked for corrections or comments on the minutes from the April 27, 2026
meeting. Chairman Monroe asked the order for the invocation be changed or removed from the
minutes. Chairman Monroe made the motion to approve the minutes from the April 27, 2026
meeting.

//

PUBLIC HEARINGS FOR CONSIDERATION

//

PL-26-084 (Special Use Permit-196 Holland Court)

//

Chairman Monroe stated this is a request by Thanh Nguyen, for a special use permit for the property
located at 196 Holland Court and further identified as tax map parcel 33G-1-56 to allow for a tourist
house. The property is located in an area designated as medium to high density residential per the
current Comprehensive Plan.

//

Ms. Kate Reusch, Planner, stated the applicant is seeking a special use permit to allow for the
existing single-family residence to be used as tourist house. The property is zoned R-SF,C
(Residential – Single Family, Conditional). The proffered conditions from the rezoning regulate
lot sizes, home values, and home types.

//

Chairman Monroe opened the public hearing at 7:03 p.m.

//

Ms. Thanh Nguyen, 765 Carriage Parkway, stated she has owned a nail salon for 15 years and has
built trust with the public. She doesn’t want to sell the home, she would rather do more and use the
home as an Airbnb. She does not live far away and will follow the rules.

Campbell County Planning Commission, May 26, 2026

//

Commissioner Condrey asked how long she has owned the property. Ms. Nguyen stated she has
owned it since 2016.

//

Commissioner Gough asked what the house has been used for. Ms. Nguyen responded that since
they moved it has been for family when they vacation here. She wants to keep the house for her
kids for the future.

//

Commissioner Condrey asked how many cars can fit in the driveway and if people would park on
the street. Ms. Nguyen stated 5 cars can fit and they can park on the street.

//

Mr. Eric Barringer, 177 Holland Court, stated he was one of the original developers of the Poplar
Ridge subdivision. They wanted to create a safe, residential development. At the time, Airbnb’s
did not exist, so they did not put any restrictions on them. Others have had long-term rentals that
have worked out. There are 12-15 kids in the houses around that have free play in the neighborhood
and he is concerned about the safety of the kids. He stated the property has already been rented out
multiple times already. He is in opposition of the special use permit.

//

Ms. Sharon Barringer, 177 Holland Court, stated they are a close-knit neighborhood. She is
concerned about the kids out playing. She believes the constant stream of strangers will ruin the
sense of community and it is incompatible with the 12 home cul-de-sac.

//

Mr. Donald Richie, 317 Barringer Drive, stated he picked this residential neighborhood because it
was small and there was not a lot of traffic. He is concerned about the children in the neighborhood.
Safety and security are important to him.

//

Ms. Jessica Ashby, 170 Barringer Drive, stated she is in opposition. They moved there twelve and
a half years ago because it was a subdivision. She doesn’t have to worry where her kids are because
they all know each other. She has smelled marijuana coming from the house and believes it will
bring negativity.

//

Mr. Doug Barringer, 277 Holland Court, stated the kids use his driveway for sledding. He did not
know Ms. Nguyen had moved but she was a good neighbor and her kids played with the other kids.
He believes there are better options for income such as long-term rental. He believes it is difficult
to screen Airbnb residents. There have been parties there and he has smelled marijuana.

//

Ms. Kate Reusch, read emails from three neighbors in opposition.
1. Maria Wyatt, 234 Holland Court, wrote, I am a resident at 234 Holland Ct, Rustburg and am
emailing in regards to the public hearing tomorrow about the 196 Holland ct. property. As a
resident of the neighborhood, I oppose short term vacation rentals (such as air bnb, VRBO,
etc). Our neighborhood has over a dozen children who play regularly in the cul-de-sacs and
yards and freely bike, skate, scooter on and near the roads. The house being used as an AirBnb
or such creates an issue of security and a lot of unknowns. We have enjoyed raising our kids in
a “90s childhood” playing outside with neighbors, and this would bring new safety concerns
about for our kids. Thanks for your time and consideration.
2. Ben and Tina McDaniel, 176 Holland Court, wrote, my family and I live right next door to the
house in question on, 196 Holland ct. We have lived here since fall of 2020, and have 10 kids
living at home. We are beyond thankful for the other children that live on our street, even
frequent grandchildren come and visit, that our kids get to play with all day, everyday. It’s the
quintessential childhood, with kids playing all up and down the street, in and out of one
another’s yards, and everyone looking out for one another. Not only were we not aware of this
hearing, but we only found out the house was being rented out as an Airbnb after asking the
first guests that used the accommodations. We have no issue with entrepreneurship and real

Campbell County Planning Commission, May 26, 2026

estate investing, but our neighborhood is only two dead end streets, and a whole ton of children.
I don’t want to be scared of who is looking in my screened in porch and yard every night,
people driving faster down my street than anyone else ever does, or my friendly kids making
friends with the wrong visitors, just to name a few things. This is a community neighborhood,
and we would love it to stay as such. Thank you.
3. Erin Harre, 216 Holland Court, wrote, I understand that the house next door is applying for
Tourist lodging status. I was not concerned when I first heard about it but after experiencing
it this month, I’m not in favor. The first guests spent quite a bit of me in the back porch smoking
pot. The smell was so strong and persistent that I finally started looking around until I realized
where the smell was coming from. I messaged the owner and she said that she would alert her
manager. Then I saw questionable people in and out and in their car on the driveway having
loud conversations and smoking. I didn’t know if I should be concerned or not. They did not
look like renters or vacationers. Turns out they were the cleaning crew. I did not let my
grandchildren outside to play and I wouldn’t have I saw them again. This couple then put the
overflowing trash out several days before trash pick up. That is not sanitary with all the critters
we have around here. Unfortunately we are out of town caring for our elderly parents. Our son
however is home and called to ask us what was going on next door with all those people
hanging out front for days. I guess it was a big group for graduation. We have a dozen children
within a few houses of this house… and then I have a dozen of my own that visit. We do not
need the traffic on our quiet cul-de-sac. Is an accident waiting to happen. Hopefully Campbell
has the 3 unrelated persons restriction like Lynchburg. I just can’t imagine how many big
groups will be housed there. I know in the past we had a large group of construction workers
ren ng around the block. Vehicles and unknown people everywhere. It was very disturbing.
Fortunately the house sold quickly and the problem went away. I hope we don’t have that
situation again.
//

Chairman Monroe closed the public hearing at 7:30 p.m. This matter will go before the Board of
Supervisors meeting on July 21, 2026.

//

Commissioner Condrey advised Ms. Nguyen to get with the neighbors to provide reassurance. He
stated short term rentals are a good concept but hard to fit. Work needs to be done by the applicant.

//

Commissioner Gough does not believe this is a good fit with the kids around. Ms. Nguyen needs
to communicate with the neighbors

//

Commissioner Witt suggested long term rental be considered.

//

Chairman Monroe is not in favor of a tourist house in a subdivision.

//

Commissioner Hedges stated she loves tourist houses but there is a proper place for it. This is not
an appropriate space.

//

Commissioner Otero believes it is inappropriate for a cul-de-sac and the traffic would be dangerous
with the kids.

//

Commissioner Condrey made the motion to recommend denial of PL-26-084 for a Special Use
Permit. Commissioner Witt seconded the motion.
The vote was:

Aye: Monroe, Witt, Condrey, Hedges, Otero, Gough
Nay: None
Absent: Thilking

Campbell County Planning Commission, May 26, 2026

//

SUBDIVSION MATTERS FOR CONSIDERATION

//

None

//

MATTERS FROM THE ASSISTANT COUNTY ADMINISTRATOR
None

//

MATTERS FROM THE DIRECTOR OF COMMUNITY DEVELOPMENT
None

//

MATTERS FROM THE PLANNING COMMISSION

//

Next scheduled meeting is June 22, 2026.

//

Chairman Monroe adjourned the meeting at 7:35 p.m.
_________________________
Dean B. Monroe, Chairman

PLANNING COMMISSION
STAFF REPORT
JUNE 22, 2026

CAMPBELL COUNTY GOVERNMENT
PLANNING COMMISSION

Commission Member

District

David Gough

Altavista

Dean Monroe
Chair

Brookneal

Megan Witt

Concord

Michael Condrey

Rustburg

Robert Otero

Spring Hill

John Thilking

Sunburst

Trish Hedges
Vice Chair

Timberlake

Charlie Watts

Board of Supervisors Representative

Staff

Kate Reusch

Planner

Brian Stokes

Community Development Director

MEETING AGENDA
Case

Applicant

Request

PL-26-024

Nathan Roakes

Ordinance of Vacation

PL-26-108

Tom DeWitt

Special Use Permit
Contractor Lay Down Yard

PL-26-109

Sandra Baker

Special Use Permit
Tourist House

PL-26-000

Staff

Code Update
Chapter 22

PL-26-132

Staff

Rezoning
R-MH to R-DU

Please note that decisions made by the Planning Commission are not final until after the
Board of Supervisors confirms the recommendations. Case PL-26-132 and PL-26-000 will be
heard on July 21, 2026, all other cases will be heard on August 4, 2026.

CAMPBELL COUNTY
ZONING DISTRICTS
Agricultural Districts
A-1

Agricultural
Residential Districts

R-SF Single Family
R-MF Multi Family
R-MH Manufactured housing
Commercial Districts
B-LC Limited Commercial
B-GC General Commercial
B-HC Heavy Commercial
Industrial Districts
I-G Industrial General
I-H Industrial Heavy

EXCERPTS FROM CODE OF VIRGINIA
ZONING
§ 15.2-2200. Declaration of legislative intent.
This chapter is intended to encourage localities to improve the public health, safety, convenience
and welfare of its citizens and to plan for the future development of communities to the end that
transportation systems be carefully planned; that new community centers be developed with
adequate highway, utility, health, educational, and recreational facilities; that the need for mineral
resources and the needs of agriculture, industry and business be recognized in future growth; that
residential areas be provided with healthy surroundings for family life; that agricultural and
forestal land be preserved; and that the growth of the community be consonant with the efficient
and economical use of public funds.
§ 15.2-2283. Purpose of zoning ordinances.
Zoning ordinances shall be for the general purpose of promoting the health, safety or general
welfare of the public and of further accomplishing the objectives of § 15.2-2200. To these ends,
such ordinances shall be designed to give reasonable consideration to each of the following
purposes, where applicable: (i) to provide for adequate light, air, convenience of access, and safety
from fire, flood, crime and other dangers; (ii) to reduce or prevent congestion in the public streets;
(iii) to facilitate the creation of a convenient, attractive and harmonious community; (iv) to
facilitate the provision of adequate police and fire protection, disaster evacuation, civil defense,
transportation, water, sewerage, flood protection, schools, parks, forests, playgrounds, recreational
facilities, airports and other public requirements; (v) to protect against destruction of or
encroachment upon historic areas; (vi) to protect against one or more of the following:
overcrowding of land, undue density of population in relation to the community facilities existing
or available, obstruction of light and air, danger and congestion in travel and transportation, or loss
of life, health, or property from fire, flood, panic or other dangers; (vii) to encourage economic
development activities that provide desirable employment and enlarge the tax base; (viii) to
provide for the preservation of agricultural and forestal lands and other lands of significance for
the protection of the natural environment; (ix) to protect approach slopes and other safety areas of
licensed airports, including United States government and military air facilities; (x) to promote the
creation and preservation of affordable housing suitable for meeting the current and future needs
of the locality as well as a reasonable proportion of the current and future needs of the planning
district within which the locality is situated; and (xi) to provide reasonable protection against
encroachment upon military bases, military installations, and military airports and their adjacent
safety areas, excluding armories operated by the Virginia National Guard. Such ordinance may
also include reasonable provisions, not inconsistent with applicable state water quality standards,
to protect surface water and ground water as defined in § 62.1-255.

MEMORANDUM
To:

Planning Commission

From:

Kate N. Reusch, Planner KNR

CC:

Brian R. Stokes, Community Development Director BRS

Subject:

Ordinance of Vacation #PL-26-024 (Oak Grove Drive)

Date:

June 22, 2026

________________________________________________________________________
BACKGROUND: The Community Development Department received a request from Nathan
Roakes, agent for Kacie Reusser and Paul Bailey, for Campbell County to vacate a 50’ right-ofway as shown on the plat recorded in Plat Book 15, Page 134 and further identified as 32D-1-B26 and 32D-1-B-23. The subject site is located in the Rustburg Election District and Flat Creek
Magisterial District.

DISCUSSION: The right-of-way was dedicated to the County in 1954 for a future road. The
area subject to vacation only provides access to parcels 32D-1-B-26 and 32D-1-B-23. The area to
the east has already been developed with access off of Greenhouse Road (Rte. 738) and the rightof-way would not serve any public purpose.

RECOMMENDATION: Staff recommends approval of the request. The Board of Supervisors
is scheduled to conduct a public hearing on August 4, 2026 and if approved an Ordinance of
Vacation will be adopted in accordance with County Code Section 21-43.

MEMORANDUM
To:

Planning Commission

From:

Kate N. Reusch, Planner KNR

CC:

Brian Stokes, Community Development Director BRS

Subject:

Special Use Permit #PL-26-108 (782 Candlers Mountain Road)

Date:
June 22, 2026
_________________________________________________________________________________

General Information
Applicant: Tom DeWitt of DeWitt Real Estate & Auctions, agent for Cut
Rate Septic Tank Services, LLC
Owner: Butler Lawn Care & Pressure Washing Services, Inc.
Request: Special Use Permit in the A-1 district to allow for a contractor
laydown yard
Location: 782 Candlers Mountain Road
Election District: Spring Hill
Tax Map Number(s): 23-15-B
Acreage: 7.32 +/- acres
Magisterial District: Flat Creek (2020 population 19,313)
Subject Property Analysis
The applicant is seeking a special use permit to utilize the property as a contractor’s equipment
storage yard to allow for the parking and storage of trucks and equipment for a septic tank service
business. The property is zoned A-1 (Agricultural).
Conditions
The Planning Commission may recommend, and the Board of Supervisors may impose any
reasonable conditions upon approval of the permit. Staff recommends the following conditions:
the applicant utilizes the site in conformance with the use described in the narrative submitted with
this request.
Site Data
Surrounding Zoning: The area is primarily residential and agricultural in nature. Zoning in the
vicinity is R-SF (Residential – Single Family), R-MF (residential – Multi Family), and A-1
(Agricultural).

Land Use/Floodplain: The property does not lie within any FEMA 100-year flood zones.
Access and Traffic: The parcel would be accessed by one existing entrance on Candlers Mountain
Road Route 670 (average daily traffic 3,300).
Utilities: The property is served by private water and a private septic system.
Comprehensive Plan: The property is located in an area designated as medium to high density
residential.
Comprehensive Plan Map

Zoning Map

Aerial Map

Public Notification
In accordance with Section 15.2-2204, Code of Virginia, all adjoining property owners and those
located immediately across the street of the subject parcel were notified by mail of the rezoning
request. At the time of this report, 3 comments in opposition of the request have been received.

Cut Rate Septic Service

PHONE

434-384-1183

PO BOX 11314

EMAIL

[email protected]

WEBSITE

www.Cut-RateSeptic.com

Lynchburg, VA 24506

Project Narrative: 782 Candler’s Mountain Road, Rustburg, VA 24588
Cut Rate Septic Tank Services, LLC (company) intends to use the above listed property
for storage of commercial vehicles used by the company. The building will be utilized for
storage of parts and inventory that are used off premises on job sites. The employees
who work in the field will also leave their vehicles on premises while they are at job sites
and using company vehicles. Our office staff works remote, but will be on-site once a
week to take inventory and meet with field employees.

MEMORANDUM
To:

Planning Commission

From:

Kate N. Reusch, Planner KNR

CC:

Brian Stokes, Community Development Director BRS

Subject:

Special Use Permit #PL-26-109 (1562 Bethany Road)

Date:
June 22, 2026
_________________________________________________________________________________

General Information
Applicant: Sandra Baker, agent for Rustic Rustburg LLC
Owner: Rustic Rustburg, LLC
Request: Special Use Permit in the A-1 district to allow for a tourist house
Location: 1562 Bethany Road
Election District: Rustburg
Tax Map Number(s): 35G-3-4
Acreage: 3.46 +/- acres
Magisterial District: Long Mountain (2020 population 10,478)
Subject Property Analysis
The applicant is seeking a special use permit to utilize the existing single-family residence as
tourist house. The property is zoned A-1 (Agricultural).
Conditions
The Planning Commission may recommend, and the Board of Supervisors may impose any
reasonable conditions upon approval of the permit. Staff recommends the following conditions:
the applicant utilizes the site in conformance with the use described in the narrative submitted with
this request.
Site Data
Surrounding Zoning: The area is primarily residential and agricultural in nature. Zoning in the
vicinity is R-SF (Residential – Single Family) and A-1 (Agricultural).
Land Use/Floodplain: The property does not lie within any FEMA 100-year flood zones.
Access and Traffic: The parcel would be accessed by one existing entrance on Bethany Road Route
663 (average daily traffic 380).

Utilities: The property is served by private water and a private septic system.
Comprehensive Plan: The property is located in an area designated as transitional.
Comprehensive Plan Map

Zoning Map

Aerial Map

Public Notification
In accordance with Section 15.2-2204, Code of Virginia, all adjoining property owners and those
located immediately across the street of the subject parcel were notified by mail of the rezoning
request. At the time of this report, no comments in support or opposition of the request have been
received.

MEMORANDUM
To:

Planning Commission

From:

Kate N. Reusch, Planner KNR

CC:

Brian R. Stokes, Community Development Director BRS

Subject:

Code Update

Date:
June 22, 2026
________________________________________________________________________
BACKGROUND: Semi-annually the Board of Supervisors updates the Code of Campbell
County with mandated changes that result from action of the General Assembly and
discretionary changes that are initiated by either the Board or staff during the year.

DISCUSSION: Some of the proposed amendments to the County Code for the regular
spring update are mandated changes to mirror state law changes that become effective July
1. Others are discretionary changes requested by staff or are minor amendments clarifying
certain aspects of the Code. A large portion of the changes in this code update relate to
significant required changes imposed upon zoning by the acts of the General Assembly.
The summary of all changes is attached.

RECOMMENDATION: Staff recommends approval of the request. The Board of
Supervisors is scheduled to conduct a public hearing on July 21, 2026 to consider adoption
of the amendments.

2026 Spring Update of the Campbell County Code of 1988
Summary of Proposed Amendments
§22-2(B)(2)
§22-2(B)(89)
§22-2(B)(150)
§22-7
§22-8(C)(4)
§22-9(A)(10)
§22-10(A)(4)
§22-10.1

§22-17
§22-17:2
§22-17.1
§22-17
§22-17.11
§22-17.14:1
§22-17.14:2
§22-17.24(D)(3)
§22-17.25

Adds the definition of Agrivoltaics. MANDATORY – pursuant to change in state
Code made by HB508/899/SB340.
Removes the restriction prohibiting manufactured homes as accessory uses.
MANDATORY – pursuant to change in state Code made by HB655/SB346.
Adds the definition of Small Portable Solar Generation Device. MANDATORY
– pursuant to change in state Code made by HB395.
Adds language clarifying the application of vested rights following court
decisions. MANDATORY – pursuant to change in state Code made by SB504.
Adds language specifically allowing manufactured homes to the same extent as
site built homes are allowed. MANDATORY – pursuant to change in state Code
made by HB655/SB346.
Adds language specifically allowing manufactured homes attached to realty to the
same extent as site built homes are allowed. MANDATORY – pursuant to change
in state Code made by HB655/SB346.
Adds language specifically allowing manufactured homes attached to realty to the
same extent as site built homes are allowed. MANDATORY – pursuant to change
in state Code made by HB655/SB346.
Adds new section designated Residential - Dense Urban Zoning District (R-DU).
New zoning district allows for single family homes to be built on lots not
exceeding 3,000 sq. ft. with minimum lot widths not exceeding 30 feet.
MANDATORY – pursuant to change in state Code made by HB1212.
Redesignated former §22-17 as §22-17:1 to align with the addition of §22-17:2.
Adds new section reducing the number of mandatory parking spaces in areas with
access to public transportation. MANDATORY – pursuant to change in state Code
made by HB888.
Redesignated former §22-17.1 as §22-17.1:1 to align with the renumbering of
§22-17.1:1 to §22-17.1:2. DISCRETIONARY – adds language requested by staff
to limit the use of temporary buildings to the parcel or project under construction.
Redesignated former §22-17 as §22-17:1 to align with the addition of §22-17:2.
Adds the definitions of Base station and Temporary support structure to the
section addressing Telecommunication Antennas and Towers. MANDATORY –
pursuant to change in state Code made by HB876.
Adds new section designated Wireless facility modifications. MANDATORY –
pursuant to change in state Code made by HB277.
Adds new section designated Temporary support structures. MANDATORY –
pursuant to change in state Code made by HB876.
Rewrites language concerning requirements for solar decommissioning bonds.
MANDATORY – pursuant to change in state Code made by HB711/SB347.
Rewrites a number of standards for solar project requirements, including setbacks,
impacts on scenic ways and parks, fencing, and lighting. Adds subsections on
wildlife passages and land disturbance requirements. MANDATORY – pursuant
to change in state Code made by HB711/SB347.

§22-17.29
§22-17.30
§22-17.31
§22-17.32
§22-17.33
§22-30

Adds new section designated Local regulation of solar facilities and small portable
solar generation devices. MANDATORY – pursuant to change in state Code made
by HB395.
Adds new section designated Installation of small portable solar generation
devices in rental homes. MANDATORY – pursuant to change in state Code made
by HB395.
Adds new section designated Battery energy storage projects as permitted
accessory use to approved solar projects. MANDATORY – pursuant to change in
state Code made by HB891/SB443.
Adds new section designated Reporting to State Corporation Commission.
MANDATORY – pursuant to change in state Code made by HB711/SB347.
Adds new section designated High Energy Use Facilities. MANDATORY –
pursuant to change in state Code made by HB153/HB511/SB94/SB130.
Re-writes the language related to appeals to the Circuit Court from the Board of
Zoning appeals. MANDATORY – pursuant to change in state Code made by
HB198.

MEMORANDUM
To:

Planning Commission

From:

Kate N. Reusch, Planner KNR

CC:

Brian R. Stokes, Community Development Director BRS

Subject:

Rezoning #PL-26-042 (County wide)

Date:
June 22, 2026
_________________________________________________________________________________

BACKGROUND: Due to new legislation from the General Assembly that allows manufactured
housing in all residential districts and that jurisdictions have at least one zoning district that
allows parcels with a 3,000sq.ft. lot size; staff is recommending the existing Residential –
Manufactured Housing (R-MH) zoning district be updated to reflect these changes. This is a
concurrent rezoning request to reflect the proposed changes to Chapter 22 – Zoning.

DISCUSSION: There are currently 155 parcels containing approximately 1,012.649 +/- acres
zoned either R-MH or R-MH, C. The proposed rezoning would be County wide, a summary of
changes by election district is below:
•
•
•
•
•
•
•

Altavista: 9 parcels 16.231 +/- acres
Brookneal: 6 parcels 17.863 +/- acres
Concord: 89 parcels 514.099 +/- acres
Rustburg: 17 parcels 260.224 +/- acres
Spring Hill: 4 parcels 22.999 +/- acres
Sunburst: 29 parcels 174.973 +/- acres
Timberlake: 1 parcel 6.26 +/- acres

If approved, the affected parcels will be rezoned to Residential – Dense Urban (R-DU) or
Residential – Dense Urban, Conditional (R-DU, C), as applicable. Because this change is
administrative in nature, any existing proffered conditions on a property will remain in effect and
will not be altered by this rezoning. In accordance with the Code of Virginia Section 15.2-2204,
all affected property owners were notified by mail of the rezoning request. At the time of this
report, no comments in support or opposition have been received.

RECOMMENDATION: Staff recommends approval of the request. The Board of Supervisors
is scheduled to conduct a public hearing on July 21, 2026 to consider the request.

District
Tax Map #
Altavista 40 3 4
Altavista 40 3 4A
Altavista 40 A 27
Altavista 41 3 B2
Altavista 41 A 55
Altavista 41 A 55A
Altavista 41 A 84
Altavista 55 A 111A
Altavista 70 A 11
Brookneal 56 A 34
Brookneal 74 A 6A
Brookneal 74 A 8
Brookneal 74 A 8A
Brookneal 88 A 1C
Brookneal 92A 1 6
Concord 8 5 4A
Concord 8 5 4B
Concord 9 A 1A
Concord 9 A 49B
Concord 9 A 49B1
Concord 9B 1 2
Concord 9B 1 3A
Concord 9B 1 3B
Concord 9B 1 4
Concord 9B 1 5
Concord 9B 1 6
Concord 9B 1 7
Concord 9B 1 8
Concord 9B 1 9
Concord 9B 1 10
Concord 9B 1 11
Concord 9B 1 12
Concord 9B 1 13
Concord 9B 1 14
Concord 9B 1 15
Concord 9B 1 16
Concord 9B 1 17
Concord 9B 1 18
Concord 9B 1 19
Concord 9B 1 20
Concord 9B 1 21
Concord 9B 1 22
Concord 9B 1 23
Concord 9B 1 24
Concord 9B 1 25
Concord 9B 1 26
Concord 9B 1 27

Owner
COOK RONALD EDWARD JR
COOK RONALD EDWARD JR
HARRIS LISA A
COX CLYDE C
CARTER VICKIE K
CARTER DUSTIN ALAN
VAUGHAN RUSSELL R
WOODFORD WILLIAM & CLARISSA MANESS
EURE BELVIN R JR & KARLA G
J&A HOMES LLC
LOWRY CHARLES M & NATASHIA C
KING MARCUS SCOTT & LARYANE LYNN MCCONATY
HASTINGS NEAL JACQUELINE P
BAILEY BETTY A
HAQQ HUSAIN
MARTHAS VINYARD LLC
CARR PHIL L
KETZ WILLIAM JEFFREY
MARTIN CECIL R & LISA F
MARTIN LISA FRANKLIN
KETZ WILLIAM JEFFREY
FERGUSON CHRISTOPHER E & JANET L
FERGUSON CHRISTOPHER E & JANET L
LEWIS ERLENE G
TAYLOR ELMER D
TROST JEREMY
WRIGHT MATTHEW C
WRIGHT MATTHEW C
JOHNSON BILLY G
LUSK JOHN R
GORDON SPENCER K & JENNIFER J WALKER
WITT JACK E & BETTY D
DIXON DARNELL O & EVELYN V
WILSON TERRI M
RUSK CHRIS & CHRISTINE
APPALACHIAN POWER COMPANY
APPALACHIAN POWER COMPANY
APPALACHIAN POWER COMPANY
TORBERT JOHN HOWARD
APPALACHIAN POWER COMPANY
APPALACHIAN POWER COMPANY
APPALACHIAN POWER COMPANY
APPALACHIAN POWER COMPANY
APPALACHIAN POWER COMPANY
CYRUS DONNIE RAY & SANDRA RAE
BACHMAN LAWRENCE J
JOHNSON CARL J SR & JENNIFER M

Address
1056 COSSMAN CT
1056 COSSMAN CT
296 KENT RD
PO BOX 55
17 ROSA DR
PO BOX 155
349 BRIAR CLIFF CIR
122 PENUEL LN
41 PEERMAN SCHOOL RD
9146 FENWAY DR
PO BOX 303
42 DILLON LN
278 SOMERSET PL
PO BOX 236
8082 RED HOUSE RD
826 STAGE RD
864 STAGE RD
2910 MT ATHOS RD
75 MOCKINGBIRD LN
75 MOCKINGBIRD LN
2910 MT ATHOS RD
3156 MT ATHOS RD
3156 MT ATHOS RD
3206 MT ATHOS RD
3244 MT ATHOS RD
PO BOX 151
3418 MT ATHOS RD
3418 MT ATHOS RD
3482 MT ATHOS RD
PO BOX 892
20494 MILBRIDGE TER
3616 MT ATHOS RD
3722 MT ATHOS RD
3788 MT ATHOS RD
698 KNOLL WOODS DR
PO BOX 16428
PO BOX 16428
PO BOX 16428
106 MAPLE LN
PO BOX 16428
PO BOX 16428
PO BOX 16428
PO BOX 16428
PO BOX 16428
58 PECAN DR
3471 MT ATHOS RD
3541 MT ATHOS RD

City
FOREST
FOREST
EVINGTON
EVINGTON
EVINGTON
EVINGTON
LYNCHBURG
ALTAVISTA
ALTAVISTA
MECHANICSVILLE
FOREST
GLADYS
RUSTBURG
GLADYS
PHENIX
LYNCHBURG
LYNCHBURG
LYNCHBURG
CONCORD
CONCORD
LYNCHBURG
LYNCHBURG
LYNCHBURG
LYNCHBURG
LYNCHBURG
LYNCHBURG
LYNCHBURG
LYNCHBURG
LYNCHBURG
MADISON HTS
ASHBURN
LYNCHBURG
LYNCHBURG
LYNCHBURG
RUSTBURG
COLUMBUS
COLUMBUS
COLUMBUS
LYNCHBURG
COLUMBUS
COLUMBUS
COLUMBUS
COLUMBUS
COLUMBUS
LYNCHBURG
LYNCHBURG
LYNCHBURG

State
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
OH
OH
OH
VA
OH
OH
OH
OH
OH
VA
VA
VA

Zip
Acres Zoning
24551
0.868 R-MH, C
24551
1.962 R-MH, C
24550
2.68 R-MH
24550
1.428 R-MH, C
24550
0.883 R-MH
24550
0.89 R-MH
24502
3.27 R-MH
24517
0.5 R-MH
24517
3.75 R-MH, C
23116
6.73 R-MH
24551
6.306 R-MH
24554
1.604 R-MH
24588
0.973 R-MH
24554
1.5 R-MH
23959
0.75 R-MH
24504
1.65 R-MH
24504
0.75 R-MH
24504
4.71 R-MH
24538
1.099 R-MH
24538
0.901 R-MH
24504
5.29 R-MH
24504
2.698 R-MH
24504
2.424 R-MH
24504
5.64 R-MH
24504
5.77 R-MH
24505
6.34 R-MH
24504
7.9 R-MH
24504
9.09 R-MH
24504
9.97 R-MH
24572
6.94 R-MH
20147
5.74 R-MH
24504
5.88 R-MH
24504
5.38 R-MH
24504
5.36 R-MH
24588
5.48 R-MH
43216
5.94 R-MH
43216
5.545 R-MH
43216
5.168 R-MH
24504
11.99 R-MH
43216
9.28 R-MH
43216
5.098 R-MH
43216
6.57 R-MH
43216
5.264 R-MH
43216
6.2 R-MH
24504
5.32 R-MH
24504
6.55 R-MH
24504
5.95 R-MH

District
Concord
Concord
Concord
Concord
Concord
Concord
Concord
Concord
Concord
Concord
Concord
Concord
Concord
Concord
Concord
Concord
Concord
Concord
Concord
Concord
Concord
Concord
Concord
Concord
Concord
Concord
Concord
Concord
Concord
Concord
Concord
Concord
Concord
Concord
Concord
Concord
Concord
Concord
Concord
Concord
Concord
Concord
Concord
Concord
Concord
Concord
Concord

Tax Map #
9B 1 28
9B 1 28A
9B 1 29
9B 1 30
9B 1 31
9B 1 32
9B 1 33
9B 1 35
9B 1 36A
9B 1 36B
9B 1 37
9B 1 37B
9B 1 38
9B 1 39
9B 1 40
9B 1 41
9B 1 42A
9B 1 42B
9B 1 43
9B 1 44
9B 1 45
9B 1 46
9B 1 47
9B 1 48
9B 1 49
9B 1 50
9B 1 51
9B 1 52
9B 1 53
9B 1 54
9B 1 55
9B 1 56
9B 1 57
9B 1 58
9B 1 59
9B 2 1
9B 2 56
9B 2 57
15 3 2
15 A 45
15 A 45A
15 A 45B
15 A 49
15A 11 72
15B A 1
15B A 6A
15B A 6B

Owner
FARNEY BRIAN
FARNEY BRIAN
WILLIAMS ROBERT O III & MARSHA
PHILLIPS MARVIN A & MAVIS F
FIX TONY A & MICHELLE A
FITZGERALD JOSEPH T & DOEDY B
JONES PHILLIP T
JONES PHILLIP T
FOX ETHAN & MEGAN
JONES PHILLIP TERRY & BETTY ANN
BROWN WILLIAM A
NICHOLSON ZACHARY E
TURCOTTE BENJAMIN PAUL TRS
MORALES EVAN BAXTER & MIKAYLA
SPENCE WILLIAM W & LISA ANN SPENCE
HANRAHAN GAVIN A & SARAH B
REEDY DANIEL A
REEDY DANIEL A & DEANNA R READY
FRANKLIN STEVEN C & CONNIE R
MARIE LILLIAN LEE & STEPHEN DENNIS SLIP
WILSON TIMOTHY A
HORTON DEREK & LPDJ LLC
HORTON DEREK & LPDJ LLC
TYREE MELODY JOY & REBECCA M NICKS
APPALACHIAN POWER COMPANY
UNROE TONY LEE
REEDY MICHAEL A & BARBARA A
PHILLIPS WAYNE K & TERESA K
PHILLIPS WAYNE K & TERESA K
DOODLEBUG ENTERPRISES INC
SMITH MARCIA E
SMITH MARCIA E
PENNY ROGER V
BROWN LORRAINE L
MCKOWN MATTHEW
APPALACHIAN POWER COMPANY
ARNOLD JONATHON & LINDA B
GOODMAN DENNIS M & BRENDA H LUCKY
JONES ESTATES CAMPBELL HIGHWAY PARK VA LLC
JONES ESTATES CAMPBELL HIGHWAY PARK VA LLC
JONES ESTATES CAMPBELL HIGHWAY PARK VA LLC
BENNIES RENTALS INC
BRI PROPERTIES LLC
BROOKS MICHAEL L
JONES ESTATES CAMPBELL HIGHWAY PARK VA LLC
JEFFERSON MITCHELE MAHAMUD
JONES ESTATES CAMPBELL HIGHWAY PARK VA LLC

Address
3623 MT ATHOS RD
3623 MT ATHOS RD
171 WALNUT LN
203 WALNUT LN
257 WALNUT LN
311 WALNUT LN
438 WALNUT LN
438 WALNUT LN
245 HICKORY DR
438 WALNUT LN
PO BOX 176
211 HICKORY DR
4633 OAKDALE DR
155 HICKORY DR
131 HICKORY DR
3681 MT ATHOS RD
3727 MT ATHOS RD
3727 MT ATHOS RD
3965 MT ATHOS RD
4061 MT ATHOS RD
230 HICKORY DR
2479 STONY POINT RD
2479 STONY POINT RD
203 LONESOME OAK TRL
PO BOX 16428
245 PECAN DR
255 PECAN DR
315 PECAN DR
315 PECAN DR
411 PECAN DR
411 PECAN DR
411 PECAN DR
479 PECAN DR
3813 CAMBRIA ST
88 ACRES CT
PO BOX 16428
112 CHESTNUT MOUNTAIN RD
100 CHESTNUT MOUNTAIN RD
2310 S MIAMI BLVD #234
2310 S MIAMI BLVD #234
2310 S MIAMI BLVD #234
6080 CAMPBELL HWY
6080 CAMPBELL HWY
1164 GREENBRIAR DR
2310 S MIAMI BLVD #234
176 SPRUCE LN
2310 S MIAMI BLVD #234

City
LYNCHBURG
LYNCHBURG
LYNCHBURG
LYNCHBURG
LYNCHBURG
LYNCHBURG
LYNCHBURG
LYNCHBURG
LYNCHBURG
LYNCHBURG
CHARLOTTE COURT HOUSE
LYNCHBURG
LYNCHBURG
LYNCHBURG
LYNCHBURG
LYNCHBURG
LYNCHBURG
LYNCHBURG
LYNCHBURG
LYNCHBURG
LYNCHBURG
CHARLOTTESVILLE
CHARLOTTESVILLE
LYNCHBURG
COLUMBUS
LYNCHBURG
LYNCHBURG
LYNCHBURG
LYNCHBURG
LYNCHBURG
LYNCHBURG
LYNCHBURG
LYNCHBURG
LYNCHBURG
LYNCHBURG
COLUMBUS
LYNCHBURG
LYNCHBURG
DURHAM
DURHAM
DURHAM
LYNCHBURG
LYNCHBURG
LYNCHBURG
DURHAM
LYNCHBURG
DURHAM

State
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
OH
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
OH
VA
VA
NC
NC
NC
VA
VA
VA
NC
VA
NC

Zip
Acres Zoning
24504
5.11 R-MH
24504
1 R-MH
24504
7.38 R-MH
24504
5.16 R-MH
24504
5.07 R-MH
24504
6.57 R-MH
24504
5.06 R-MH
24504
12.76 R-MH
24504
2 R-MH
24504
3.674 R-MH
23923
2.798 R-MH
24504
2.792 R-MH
24502
6.41 R-MH
24504
5.23 R-MH
24504
5.09 R-MH
24504
5.23 R-MH
24504
2.6 R-MH
24504
2.73 R-MH
24504
5.05 R-MH
24504
6.01 R-MH
24504
5.58 R-MH
22911
12.79 R-MH
22911
13.37 R-MH
24504
12.53 R-MH
43216
8.608 R-MH
24504
6.15 R-MH
24504
5.76 R-MH
24504
5.48 R-MH
24504
6.05 R-MH
24504
6.51 R-MH
24504
5.86 R-MH
24504
5.5 R-MH
24504
5.24 R-MH
24502
5.51 R-MH
24502
5.43 R-MH
43216
6.978 R-MH
24504
0.3 R-MH
24504
4.5 R-MH
27703
2.176 R-MH
27703
5.22 R-MH
27703
1.744 R-MH
24501
0.757 R-MH
24501
0.4 R-MH
24502
6.04 R-MH, C
27703 12.954 R-MH
24501
6.7 R-MH
27703
5.46 R-MH

District
Tax Map #
Concord 15B A 6B1
Concord 15B A 7
Concord 15B A 8
Concord 23 A 103
Concord 23 A 105
Concord 23 A 106
Concord 24 A 1
Concord 24 A 20A
Concord 24D 1 1
Concord 24D 1 2
Rustburg 23 A 110A
Rustburg 23 B 1
Rustburg 23 13 27
Rustburg 23 13 28
Rustburg 32 7 6
Rustburg 32 A 159
Rustburg 33 5 3
Rustburg 33 5 4
Rustburg 33 A 8
Rustburg 33 A 8A1
Rustburg 33 A 64
Rustburg 33D 1 6
Rustburg 33D 1 7
Rustburg 34A 8 52
Rustburg 34A 8 52B
Rustburg 35 A 58
Rustburg 35 A 60B1
Spring Hill 21 A 156
Spring Hill 42 A 64B
Spring Hill 43 A 11
Spring Hill 43A 6 5
Sunburst 20 A 81
Sunburst 20 A 85
Sunburst 20 A 87A
Sunburst 20T 1 1A
Sunburst 20T 1 2
Sunburst 20T 1 3
Sunburst 20T 1 4
Sunburst 20T 1 5
Sunburst 20T 1 6
Sunburst 20T 1 7
Sunburst 20T 1 8
Sunburst 20T 1 9
Sunburst 20T 1 10
Sunburst 20T 1 11
Sunburst 20T 1 12
Sunburst 20T 1 13

Owner
JONES ESTATES CAMPBELL HIGHWAY PARK VA LLC
JONES ESTATES CAMPBELL HIGHWAY PARK VA LLC
JONES ESTATES CAMPBELL HIGHWAY PARK VA LLC
JONES ESTATES LYNCHBURG LLC
JONES ESTATES LYNCHBURG LLC
MANLEY GARNET L JR
BENNIES RENTALS INC
BRI PROPERTIES LLC
BENNIES RENTALS INC
BENNIES RENTALS INC
ROYAL CLAUDE M & VIRGINIA H
KRITZER KENNETH R (LIFE ESTATE)
IRBY DONALD L & CYNTHIA T
IRBY DONALD L & CYNTHIA T
HINES EDWIN E
HINES EDWIN E
ROYAL CLAUDE M & VIRGINIA H
ROYAL CLAUDE M & VIRGINIA H
LYNCHBURG LAND LEASE LLC
LYNCHBURG LAND LEASE LLC
ROYAL CLAUDE M & VIRGINIA H
ROYAL CLAUDE M & VIRGINIA H
ROYAL CLAUDE M & VIRGINIA H
MERRYMAN JOHN F III
MERRYMAN JOHN F III
DOWDY JOHN & EUGENIA TRS
DOWDY JOHN & EUGENIA TRS
ALLEN CARL E
WATTS ALVIN C & DEBORAH A
TOWN COURT ASSOCIATES LLC
MICKLES DELPHINE Y
TOWN COURT ASSOCIATES LLC
YES OAKS AT TIMBERLAKE LLC
YES OAKS AT TIMBERLAKE LLC
CREASY ROGER GLEN
WRIGHT GERTRUDE MAY
GIBSON DANNY R SR
GREEN TREE LAND CO INC
GREEN TREE LAND CO INC
MINNICK SHIRLEY H
HANDY SAMUEL R
BAILEY LAURA S
GALLIGHER LEAH
GREEN TREE LAND CO INC
GREEN TREE LAND CO INC
WOOLDRIDGE MALCOLM R & PEGGY W
COFFEY WENDY B

Address
2310 S MIAMI BLVD #234
2310 S MIAMI BLVD #234
2310 S MIAMI BLVD #234
2310 S MIAMI BLVD STE 234
2310 S MIAMI BLVD STE 234
15808 GREENVIEW DR
6080 CAMPBELL HWY
6080 CAMPBELL HWY
6080 CAMPBELL HWY
6080 CAMPBELL HWY
134 ROYAL RIDGE CIR
2110 BROWNS MILLS RD
812 SUBURBAN RD
812 SUBURBAN RD
2196 RED HOUSE RD
2196 RED HOUSE RD
134 ROYAL RIDGE CIR
134 ROYAL RIDGE CIR
PO BOX 1493
PO BOX 1493
134 ROYAL RIDGE CIR
134 ROYAL RIDGE CIR
134 ROYAL RIDGE CIR
PO BOX 142
PO BOX 142
37 CARDINAL LN
37 CARDINAL LN
2208 FAIRVIEW AVE
6927 COLONIAL HWY
PO BOX 36
123 HORIZON DR
PO BOX 36
5050 S SYRACUSE ST STE 1200
5050 S SYRACUSE ST STE 1200
118 LUENBURG DR
26A ROGER DR
PO BOX 892
118 LUENBURG DR
118 LUENBURG DR
214 ROGER DR
244 ROGER DR
272 ROGER DR
294 ROGER DR
118 LUENBURG DR
118 LUENBURG DR
409 ROGER DR
112 TIMBERLAKE DR

City
DURHAM
DURHAM
DURHAM
DURHAM
DURHAM
LYNCHBURG
LYNCHBURG
LYNCHBURG
LYNCHBURG
LYNCHBURG
RUSTBURG
RUSTBURG
LYNCHBURG
LYNCHBURG
RUSTBURG
RUSTBURG
RUSTBURG
RUSTBURG
CHRISTIANSBURG
CHRISTIANSBURG
RUSTBURG
RUSTBURG
RUSTBURG
RUSTBURG
RUSTBURG
RUSTBURG
RUSTBURG
LYNCHBURG
EVINGTON
LYNCHBURG
FOREST
LYNCHBURG
DENVER
DENVER
EVINGTON
EVINGTON
AMHERST
EVINGTON
EVINGTON
EVINGTON
EVINGTON
EVINGTON
EVINGTON
EVINGTON
EVINGTON
EVINGTON
LYNCHBURG

State
NC
NC
NC
NC
NC
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
CO
CO
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA

Zip
Acres Zoning
27703
2.26 R-MH
27703
7.1 R-MH
27703
4.97 R-MH
27703 13.009 R-MH
27703 34.357 R-MH
24502
0.935 R-MH
24501
5 R-MH
24501
5.5 R-MH
24501
0.88 R-MH
24501
0.88 R-MH
24588
59.73 R-MH
24588
6.654 R-MH, C
24501
6.61 R-MH, C
24501
7.22 R-MH, C
24588
1 R-MH
24588
2 R-MH
24588
28.94 R-MH
24588
32.93 R-MH
24068
11.09 R-MH
24068
2.99 R-MH
24588
79.13 R-MH
24588
5 R-MH
24588
8.43 R-MH
24588
0.42 R-MH, C
24588
0.45 R-MH, C
24588
2.12 R-MH
24588
5.51 R-MH
24501
2.519 R-MH
24550
1.9 R-MH
24505
18.09 R-MH
24551
0.49 R-MH
24505
11.89 R-MH
80237
41.83 R-MH
80237 27.163 R-MH
24550
1.75 R-MH
24550
2.2 R-MH
24521
2.23 R-MH
24550
2.26 R-MH
24550
2.28 R-MH
24550
2.26 R-MH
24550
2.28 R-MH
24550
2.31 R-MH
24550
2.33 R-MH
24550
2.32 R-MH
24550
3.01 R-MH
24550
3 R-MH
24502
3 R-MH

District
Sunburst
Sunburst
Sunburst
Sunburst
Sunburst
Sunburst
Sunburst
Sunburst
Sunburst
Sunburst
Sunburst
Sunburst
Sunburst
Tiberlake

Tax Map #
20T 1 14
20T 1 15
20T 1 16
20T 1 17
20T 1 18
20T 1 19
20T 1 20
20T 1 21
20T 1 22
21 A 48E
21 A 83
21 A 83A
21 A 98
20 A 36

Owner
HOLT JOHN S & VICTORIA J
GREEN TREE LAND CO INC
GREEN TREE LAND CO INC
GREEN TREE LAND CO INC
KNAPP ELLEN P
ASHWORTH JEFFREY S
MASON DARRELL WAYNE (LIFE ESTATE)
KIDD KEVIN L
KIDD KEVIN L
LOCUST GARDENS MHC LLC
LOCUST GARDENS MHC LLC
CAMPBELL COUNTY UTILITIES & SERVICE AUTHORITY
TOWN COURT ASSOCIATES
CARROLLS MINI STORAGE INC

Address
24 ROSS WOODS DR
118 LUENBURG DR
118 LUENBURG DR
118 LUENBURG DR
491 ROGER DR
2521 OLD FOREST RD
385 ROGER DR
89 LIGHTFOOT TER
89 LIGHTFOOT TER
4927 AUBURN AVE STE T25
4927 AUBURN AVE STE T25
20644 TIMBERLAKE RD
PO BOX 36
1000 CAPISTRANO CT

City
RUSTBURG
EVINGTON
EVINGTON
EVINGTON
EVINGTON
LYNCHBURG
EVINGTON
EVINGTON
EVINGTON
BETHESDA
BETHESDA
LYNCHBURG
LYNCHBURG
FREDERICK

State
VA
VA
VA
VA
VA
VA
VA
VA
VA
MD
MD
VA
VA
MD

Zip
Acres Zoning
24588
3 R-MH
24550
3 R-MH
24550
3.22 R-MH
24550
3.03 R-MH
24550
3.01 R-MH
24501
3.01 R-MH
24550
3.01 R-MH
24550
3.08 R-MH
24550
3.18 R-MH
20814
11.42 R-MH
20814
21.91 R-MH
24502
0.06 R-MH
24505
1.93 R-MH
21703
6.26 R-MH

85 Carden Lane, Suite A
Rustburg, VA 24588
(434) 332-9780
[email protected]

CAMPBELL COUNTY CODE OF 1988

CHAPTER 22

ZONING
Article I. General Provisions.
§ 22-1.
§ 22-2.
§ 22-3.
§ 22-4.
§ 22-4.1.
§ 22-4.2.
§ 22-4.3.

Preamble.
Definitions.
Official zoning map.
Rules for determining district boundary line locations; conflicts in ordinances.
Advertisement of plans, ordinances, etc.; joint public hearings; written notice
of certain amendments
Reserved.
Reserved.
Article II. Administration and Enforcement.

§ 22-5.
§ 22-6.
§ 22-6.1.
§ 22-6.2.
§ 22-6.3.

Zoning Administrator appointed.
Duties of Zoning Administrator.
Petitions or applications required to include sworn statement disclosing any
interest of members of Planning Commission or Board of Supervisors.
Proof of payment of delinquent County real estate taxes on subject property
required.
Disclosure of real parties in interest.
Article III. Vested Rights and Nonconforming Uses.

§ 22-7.
§ 22-7.1.
§ 22-8.

Vested rights not impaired.
Factors to be considered in determining vesting of rights in a land use;
definition of “significant affirmative governmental acts.”
Nonconforming lots of record, structures, uses of land, and uses of structures.
Article IV. Residential Zoning Districts.

§ 22-9.

§ 22-9.1.
§ 22-10.

Residential – Single Family Zoning District (R-SF)
A.
Principal uses permitted.
B.
Minimum lot requirements.
C.
Setbacks for accessory buildings.
D.
Requirements for accessory structures.
Zoning provisions for temporary family health care structures.
Residential – Multi Family Zoning District (R-MF)
A.
Principal uses permitted.
B.
Minimum lot requirements.
C.
Height limitation.

i

§ 22-11.

§ 22-11.01.
§ 22-11.1.
§ 22-11.2.
§ 22-11.3.

§ 22-11.4.

D.
Reserved.
E.
Setbacks for accessory buildings.
F.
Requirements for accessory structures.
Residential – Dense Urban Zoning District (R-DU)
A.
Principal uses permitted.
B.
Minimum lot requirements.
C.
Height limitation.
D.
Recreational vehicles or recreational campers as dwellings
prohibited.
E.
Setbacks for accessory buildings.
F.
Requirements for Accessory structures.
Manufactured home parks – Permitted use in R-DU district; site development
requirements.
Reserved.
Reserved.
Use of recreational vehicle or recreational camper for temporary residence
permitted while constructing primary residence in R-MF or R-DU zone;
limitations.
Reserved.
Article V. Business Zoning Districts.

§ 22-12.

§22-12.1

§22-12.2.

§22-12.3.

Business-Limited Commercial Zoning District (B-LC)
A.
Principal uses permitted.
B.
Minimum lot requirements.
C.
Setbacks for accessory buildings.
D.
Requirements for accessory structures.
E.
Landscaping requirements.
F.
Buffering and screening requirements.
G.
Sidewalk requirements.
H.
Prohibition of outside storage or display.
Business-General Commercial Zoning District (B-GC)
A.
Principal uses permitted.
B.
Minimum lot requirements.
C.
Setbacks for accessory buildings.
D.
Requirements for accessory structures.
E.
Landscaping requirements
F.
Buffering and screening requirements.
G.
Sidewalk requirements.
Business-Heavy Commercial Zoning District (B-HC)
A.
Principal uses permitted.
B.
Minimum lot requirements.
C.
Setbacks for accessory buildings.
D.
Requirements for accessory structures.
E.
Landscaping requirements
F.
Buffering and screening requirements.
G.
Sidewalk requirements.
Community Mixed Use District (CMU)

ii

§ 22-13.

A.
Principal uses permitted.
B.
Minimum district size.
C.
Minimum amount of mixed-use development.
D.
Minimum lot requirements.
E.
Setbacks for accessory buildings.
F.
Requirements for accessory structures.
G.
Landscaping requirements.
H.
Buffering and screening requirements.
I.
Sidewalk requirements.
J.
Streets.
Shopping centers special use permits
A.
Procedure.
B.
Shopping center plans.
Article VI. Industrial Zoning Districts.

§ 22-14.

§ 22-15.

Industrial-General Zoning District (I-G)
A.
Principal uses permitted.
B.
Minimum lot requirements.
C.
Setbacks for accessory buildings.
D.
Requirements for accessory structures.
E.
Landscaping requirements.
F.
Buffering and screening requirements.
G.
Sidewalk requirements.
Industrial-Heavy Zoning District (I-H)
A.
Principal uses permitted.
B.
Minimum lot requirements.
C.
Setbacks for accessory buildings.
D.
Requirements for accessory structures.
E.
Landscaping requirements.
F.
Buffering and screening requirements.
G.
Sidewalk requirements.
H.
Recycling or remanufacturing requirements.
Article VII. Agricultural Zoning Districts.

§ 22-16.

Agricultural zoning district A-1
A.
Principal uses permitted.
B.
Minimum lot requirements.
C.
Setbacks for accessory buildings.
D.
Requirements for accessory structures.
E.
Production agriculture or silviculture activity permitted.
F.
Processing of wine by licensed farm wineries permitted.
G.
Use of recreational vehicle or recreational camper for
temporary residence permitted while constructing primary
residence in A-1 zone; limitations.

iii

Article VII-A. Development Standards for Intensive Agricultural Facilities
§ 22-16.01.
§ 22-16.02.
§ 22-16.03.
§ 22-16.04.
§ 22-16.05.
§ 22-16.06.
§ 22-16.07.
§ 22-16.08.
§ 22-16.09.
§ 22-16.010.
§ 22-16.010:1.
§ 22-16.011.
§ 22-16.012.

Purpose of article; findings.
Applicability.
Definitions.
Acreage requirements
Setback requirements.
Buffering or screening requirements.
Strict compliance required.
Replacement and reconfiguration of non-conforming dairy, livestock, poultry,
or swine facilities.
Plat required.
Intensive dairy, livestock, poultry, or swine facility development plans to be
filed; contents; effects of approval.
Agreement for long term maintenance of facilities.
Nutrient management plan required.
Severability.
Article VIII. Airport Zoning District.

§ 22-16.1.

Legislative intent
A.
Principal uses permitted.
B.
Minimum lot requirements.
C.
Requirements for reduction in noise transmission within
Airport Districts AP-A, AP-B, AP-C and AP-D.
D.
Airport height zones.
Article VIII-A. Overlay Districts.

§ 22-16.2.
§ 22-16.3.
§ 22-16.4.

Overlay districts in general.
Landfill Area Overlay District (LAO)
Transportation Corridor Overlay District (TCO).
Article IX. Additional Regulations in All Zones.
Division A. Parking.

§ 22-17.

Parking
A.
B.
C.
D.

Parking, generally.
Parking space dimensions.
Commercial vehicular parking.
Parking for persons with disabilities.

Division B. Temporary Buildings.
§ 22-17.1.
§ 22-17.1:1.

Temporary buildings.
Certain temporary structures; limitations.

iv

Division C. Signs.
§ 22-17.2.
§ 22-17.3.
§ 22-17.4.
§ 22-17.5.
§ 22-17.6.
§ 22-17.7.
§ 22-17.8.
§ 22-17.9.

Preamble.
Signs, definitions.
Signs, general requirements.
Off-premises signs.
Non-conforming signs.
Sign types allowed per zoning district.
Permits.
Prohibited signs.
Division D. Standards for Telecommunication Antennas and Towers.

§ 22-17.10.
§ 22-17.11.
§ 22-17-12.
§ 22-17.13.
§ 22-17.14.
§ 22-17.14:1.
§ 22-17.15.
§ 22-17.16.
§ 22-17.17.
§ 22-17.18.
§ 22-17-19.
§ 22-17.20.
§ 22-17.21.
§ 22-17.22.

Telecommunication antennas and towers.
Definitions.
Applicability of this division; exceptions.
General guidelines and requirements.
Factors considered in granting special use permits for new towers.
Wireless facility modifications.
Availability of suitable existing towers or other structures.
Setbacks.
Security fencing.
Landscaping.
Local government access.
Removal of abandoned antennas and towers.
Required report.
Review fees.
Division E. Solar Energy Facilities

§ 22-17.23.
§ 22-17.24.
§ 22-17.25.
§ 22-17.26.
§ 22-17.27.
§ 22-17.28.
§ 22-17.29.
§ 22-17.30.
§ 22-17.31.
§ 22-17.32.

Purpose, Intent, and Definitions.
Applications.
Location, appearance, and operational requirements.
Additional considerations for conditions.
Unsafe of abandoned projects; decommissioning.
Revenue Sharing.
Local Regulation of solar facilities and small portable solar generation devices.
Installation of small portable solar generation devices in rental homes.
Battery energy storage projects as permitted accessory use to approved solar
projects.
Reporting to State Corporation Commission.
Division F. High Energy Use Facilities.

§ 22-17.33.

High Energy Use Facilities.
Article X. Airport Regulations.

v

§ 22-18.

Preston Glenn Airport and Brookneal/Campbell County Airport.
Article XI. Conditional Zoning.

§ 22-19.
§ 22-20.
§ 22-21.
§ 22-22.
§ 22-23.
§ 22-24.
§ 22-24.01.

Conditional zoning; declaration of policy and findings; purpose.
Conditions as part of rezoning or amendment to zoning map.
Enforcement and guarantees.
Records.
Petition for review of decision.
Amendments and variations of conditions.
Recorded plat or final site plan; conflicting zoning conditions.
Article XI.A. Planned Unit Development

§ 22-24.1.
§ 22-24.2.
§ 22-24.3.
§ 22-24.4.
§ 22-24.5.
§ 22-24.6.
§ 22-24.7.
§ 22.24.8.
§ 22-24.9.
§ 22-24.10.
§ 22-24.11.

Purpose and intent.
General requirements for Planned Unit Developments.
Permitted uses in Planned Unit Developments.
Residential density in Planned Unit Developments.
Planned Unit Development application procedure.
Other requirements.
Guarantee of completion.
Financial responsibility.
Schedule of construction.
Right of developer to continue project.
Review of abandoned projects.
Article XII. Board of Zoning Appeals.

§ 22-25.
§ 22-26.
§ 22-26.1.
§ 22-27.
§ 22-28.
§ 22-29.
§ 22-30.

Board of Zoning Appeals created; membership; organizations, etc.
Powers and duties of Board of Zoning Appeals.
Application to Zoning Administrator for modifications from certain
requirements; fee.
Applications for variances--Board of Zoning Appeals.
Appeals to Board.
Procedure on appeal; costs.
Court Review of the Decisions of Board.
Article XIII. Zoning Permits and Changes.

§ 22-31.
§ 22-31.1.
§ 22-32.
§ 22-33.
§ 22-34.
§ 22-35.

Procedure for issuance of zoning permits; exceptions; approval of site plan or
plan of development required prior to issuance of building permit.
Site plan review fees.
Application procedures for permitted use.
Review of application; fees.
Certificate of occupancy.
Application procedures for special use permits; informational signs to be
posted; revocation for noncompliance with terms and conditions of permit.

vi

§ 22-36.
§ 22-37.

Stale zoning permits.
Requests for change in zoning; informational signs to be posted.
Article XIV. Penalties and Other Remedies.

§ 22-38.
§ 22-39.
§ 22-39.1.

Violations as misdemeanor.
Other remedies.
Proceedings to prevent construction of building in violation of zoning
ordinance.
Article XV. Severability and Effective Dates.

§ 22-40.
§ 22-41.

Severability.
Effective date.

vii

ARTICLE I. GENERAL PROVISIONS.
Sec. 22-1. Preamble.
This chapter is intended to improve the public health, safety, convenience and welfare of the
citizens of Campbell County and to plan for the future development of areas within the County to the
end that transportation systems be carefully planned; that new community centers be developed with
adequate highway, utility, health, educational and recreational facilities; that the need for mineral
resources and the needs of agriculture, industry and business be recognized in future growth; that
residential areas be provided with healthy surroundings for family life; that agricultural and forestal
land be preserved; and that the growth of the community be consonant with the efficient and
economical use of public funds.
The purpose of this zoning ordinance is to promote the general health, safety and welfare of
the public and for the accomplishment of the above stated objectives. To these ends, this ordinance
has been designed to give reasonable consideration to each of the following purposes, where
applicable:
(i)
To provide for adequate light, air, convenience of access, and safety from fire, flood,
impounding structure failure, crime and other dangers;
(ii)

To reduce or prevent congestion in the public streets;

(iii)

To facilitate the creation of a convenient, attractive and harmonious community;

(iv)
To facilitate the provision of adequate police and fire protection, disaster evacuation,
civil defense, transportation, water, sewerage, flood protection, schools, parks, forests, playgrounds,
recreational facilities, airports and other public requirements;
(v)
To protect against destruction of or encroachment upon historic areas and working
waterfront development areas;
(vi)
To protect against one or more of the following: overcrowding of land, undue density
of population in relation to the community facilities existing or available, obstruction of
light and air, danger and congestion in travel and transportation, or loss of life, health or property
from fire, flood, impounding structure failure, panic and other dangers;
(vii) To encourage economic development activities that provide desirable employment and
enlarge the tax base;
(viii) To provide for the preservation of agricultural and forestal lands and other lands of
significance for the protection of the natural environment;
(ix)
To protect approach slopes and other safety areas of licensed airports, including United
States government and military air facilities;

1

(x)
To promote the creation and preservation of affordable housing suitable for meeting
the current and future needs of the County as well as a reasonable proportion of the current and future
needs of the planning district within which Campbell County is situated;
(xi)
To provide reasonable protection against encroachment upon military bases, military
installations, and military airports and their adjacent safety areas, excluding armories operated by the
Virginia National Guard; and
(xii) To make reasonable provisions, not inconsistent with applicable state water quality
standards, to protect surface water and ground water as defined in Va. Code §62.1-255.
This ordinance and the zoning districts on the map which is a part hereof are drawn and applied
with reasonable consideration for the existing use and character of property, the comprehensive plan,
the suitability of property for various uses, the trends of growth or change, the current and future
requirements of the community as to land for various purposes as determined by population and
economic studies and other studies, the transportation requirements of the community, the
requirements for airports, housing, schools, parks, playgrounds, recreation areas, and other public
services, the conservation of natural resources, the preservation of flood plains, the preservation of
agricultural and forestal land, the conservation of properties and their values and the encouragement
of the most appropriate use of land throughout the County.
For state law authority, see Va. Code §15.2-2200, Va.
Code §15.2-2283 et seq.
Sec. 22-2. Definitions.
A.
General. For the purpose of this Ordinance, words used in the present tense shall
include the plural and the plural singular; the use of any gender shall be applicable to all genders; the
word “shall” is mandatory; the word “may” is permissive; and, the word “person” includes an
individual, firm, partnership, association or a corporation.
B.
Definitions. The following terms, when used in this chapter, shall have the meaning
ascribed to them below, unless the context requires a different meaning:
1.
Abortion. The use of an instrument, medicine, drug, or other substance or
device with the intent to terminate the pregnancy of a woman, known to be pregnant, for
reasons other than a live birth or to remove a dead fetus. Spontaneous miscarriage is excluded
from this definition.
2.
Abortion facility. A facility in which one or more abortions per month are
performed. Abortion facilities, wherever allowed, must not be nearer than 5 miles from any
child day care center or public, private, or parochial school.
3.
Accessory Building, Use or Structure. A building, use or structure on the
same lot with, and of a nature customarily incidental and subordinate to, the principal use or
structure, including satellite dishes and also including but not limited to the erection,
construction, alteration or maintenance by public utilities, or municipal or other governmental
transmission or distribution system, for collection, communication, supply or disposal

2

systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm
boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories
in connection therewith, but not to include electric utility substations.
4.
provisions:

Accessory Dwelling Unit. A secondary dwelling unit subject to the following

i.

Accessory dwelling units shall be located within the principal structure or on
the same parcel as the principal structure.

ii.

Accessory dwelling units shall not have more than two bedrooms.

iii.

An attached accessory dwelling unit must be located within the main
dwelling using a common entrance so that the main dwelling retains the
appearance of a single family dwelling and meet all setback requirements
otherwise required for a single family dwelling.

iv.

A detached accessory dwelling unit must be contained inside a lawful
accessory building meeting all setback requirements for an accessory
building and shall be limited to 1,000 square feet.

5.
Assisted Living Facility. Any congregate residential setting that provides or
coordinates personal and health care services, 24-hour supervision, and assistance (scheduled
and unscheduled) for the maintenance or care of four (4) or more adults who are aged or infirm
or who have disabilities and who are cared for in a primarily residential setting, and subject to
exceptions set forth in Va. Code §63.2-100, as it may be amended from time to time. Included
in this definition are any two or more places, establishments or institutions owned or operated
by a single entity and providing maintenance or care to a combined total of four (4) or more
adults who are aged or infirm or who have disabilities. Maintenance or care means the
protection, general supervision and oversight of the physical and mental well-being of an
individual who is aged or infirm or who has a disability.
6.
Adult Foster Care. Room and board, supervision, and special services to an
adult who has a physical or mental condition in a residential facility with one or more resident
counselors or other staff persons and for which the Department of Social Services is the
licensing authority pursuant to this Code. Adult foster care may be provided within a single
residential dwelling for up to eight (8) adults. This chapter for all purposes shall consider adult
foster care as residential occupancy by a single family. No conditions more restrictive than
those imposed on residences occupied by persons related by blood, marriage, or adoption shall
be imposed on such facility.
7.
Adult Day Center. A facility that is either operated for profit or that desires
licensure and that provides supplementary care and protection during only a part of the day to
four or more aged, infirm or disabled adults who reside elsewhere, except (i) a facility or
portion of a facility licensed by the State Board of Health or the Department of Behavioral
Health and Developmental Services and (ii) the home or residence of an individual who cares
for only persons related to him by blood or marriage. Included in this definition are any two
or more places, establishments or institutions owned, operated or controlled by a single entity

3

and providing such supplementary care and protection to a combined total of four or more
adults who are aged or infirm or who have disabilities.
8.
Affordable housing. The term means, as a guideline, housing that is affordable
to households with incomes at or below the area median income, provided that the occupant
pays no more than thirty percent (30%) of his gross income for gross housing costs, including
utilities.
9.
Agriculture. The tilling of soil, the raising of crops, horticulture and
gardening, including the keeping of animals and fowl, and including agricultural industry or
business.
10.
Agrivoltaics. The intentional co-location of agricultural production and solar
energy generation on the same land that (i) is designed to prioritize and sustain agricultural
productivity while simultaneously integrating renewable energy generation, (ii) allows the
ongoing production and sale of marketable agricultural products throughout the solar array’s
life, (iii) is a part of a farm business that is consistent with commercial agricultural production,
(iv) has provisions for decommissioning to protect the land’s agricultural resources and
productivity, (v) does not significantly displace farming activity, and (vi) ensures flexibility
for farmers to adapt to market conditions and support operational needs.
11.
Antenna. Any apparatus designed for telephonic, data, radio, or television
communications through the sending and/or receiving of electromagnetic waves.
12.
Antique and Gift Shops. A commercial establishment which is used primarily
for the indoor display and retail sale of merchandise, the value of which is derived from age,
rarity and materials of such items and/or the workmanship of a particular historic period.
13.
Apartment. A single dwelling unit in a multi-family dwelling or multi-unit
commercial structure where lodging is provided for non-transients; not to include health care
facilities, townhouses or condominiums.
14.
Architect. A person who, by reason of his knowledge of the mathematical and
physical sciences, and the principles of architecture and architectural design, acquired by
professional education, practical experience, or both, is qualified to engage in the practice of
architecture and whose competence has been attested by the Board of Architects, Professional
Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects.
15.

Authority. The Campbell County Utilities and Service Authority.

16.
Automobile Graveyard. Any lot or place, or part thereof, which is exposed to
the weather and upon which more than five (5) motor vehicles of any kind that are incapable
of being operated and which it would not be economically practical to make operative, are
placed, located or found. The movement or rearrangement of vehicles within an existing lot
or facility does not render this definition inapplicable. The provisions established by §15-48
et seq. of this Code shall begin with the first day that the vehicle is placed on the subject
property. (See §15-48 et seq. of this Code).

4

17.
Automobile Service Station. Any area of land, including structures thereon,
used for the retail sale of gasoline or oil, automobile accessories, and incidental services
including facilities for lubricating, hand washing and cleaning, or otherwise servicing
automobiles, but excluding painting, major repair, or automatic washing.
18.
Biomass Conversion, small-scale. “Biomass” means agricultural-related
materials including vineyard, grain, or crop residues; straws; aquatic plants; and crops and
trees planted for energy production. “Biomass conversion, small-scale” means the conversion
of any renewable biomass into heat, power, or biofuels.
19.
Board of Appeals.
established under this ordinance.
20.

The Campbell County Board of Zoning Appeals as

Board of Supervisors. The governing body of the County of Campbell.

21.
Buffering or Screening. Any device or natural growth (evergreen trees,
bushes and shrubbery), or a combination thereof which shall serve as a barrier to vision or
noise between adjoining properties wherever required by this ordinance. Where required in
this Code, buffering and/or screening requirements shall be (1) clearly marked on the site plan;
(2) designed and executed in a manner suited to the particular site, as determined by the
Zoning Administrator; and (3) except as specifically provided for by this Code, minimum
buffering and/or screening requirements shall include a detailed, scaled drawing of the
buffering and/or screening strip must be submitted with the application and must include plant
species and growth expectations. Minimum plant height at time of planting shall be between
four (4) and six (6) feet. Width between plantings shall be designed so as to provide an
uninterrupted visual barrier within three (3) years of the time of planting. The landowner and
the business owner, if different, may both be held responsible for ensuring the proper
installation and maintenance of approved devices/measures so as to provide permanent
buffering/screening.
22.
Buildable Area. The area of a lot remaining after required yards, open spaces,
parking, loading and access areas have been provided.
23.
Building. Any enclosed structure designed or intended for support, enclosure,
shelter, or protection of persons, animals, chattels or property.
24.
Building, Height of. The vertical distance from the lowest finished grade
adjacent to any building wall to the highest roof surface, exclusive of chimneys, antennae, or
fire protected/non-combustible ornamental structures approved by the Fire Marshal.
25.
Building, Main. A building in which is conducted the main or principal use
of the lot on which said building is situated.
26.
Building Permit. A permit which is issued by the building inspector before a
building or structure is started, improved, enlarged or altered as proof that such action is in
compliance with the County Building Code.

5

27.
Caregiver. An adult who provides care for a mentally or physically impaired
person within the Commonwealth. A caregiver shall be either related by blood, marriage, or
adoption to or the legally appointed guardian of the mentally or physically impaired person
for whom he is caring.
28.
Cemetery. Any land or structure used or intended to be used for the interment
of human remains. The sprinkling of ashes or their burial in a biodegradable container on
church grounds or their placement in a columbarium on church property shall not constitute
the creation of a cemetery. No additional zoning approval shall be required for all uses
necessarily or customarily associated with the interment of human remains, benches, ledges,
walls, graves, roads, paths, landscaping, and soil storage consistent with federal, state, and
local laws on erosion sediment control.
29.
Cemetery, Pet. Any land, together with any structures, facilities, or buildings
appurtenant thereto provided to members of the public for use or reservation for use for the
individual interment, above or below ground, of pet remains.
30.
Children’s Residential Facility. Any facility, child-caring institution, or
group home that is maintained for the purpose of receiving children separated from their
parents or guardians for full-time care, maintenance, protection and guidance, or for the
purpose of providing independent living services to persons between 18 and 21 years of age
who are in the process of transitioning out of foster care. Children’s residential facility shall
not include:
i.

A licensed or accredited educational institution whose pupils, in the ordinary
course of events, return annually to the homes of their parents or guardians for
not less than two months of summer vacation;

ii.

An establishment required to be licensed as a summer camp by Va. Code §35.118; and

iii.

A licensed or accredited hospital legally maintained as such.

31.
Church. A building, the primary use of which is for the periodic assembly of
persons for religious worship and related purposes. The term “church” shall be deemed to
include synagogues, temples, mosques, and other similar houses of worship.
32.
Clubs. An establishment operated for the social, educational, or recreational
benefit of the members thereof in which no enterprise is conducted, except for the convenience
of the members thereof and their guests.
33.
Collector Street. Any street through any portion of a multi-family dwelling
development serving more than twenty-five (25) dwelling units that provides access to a street
within the secondary system of state highways or any street through any portion of a multifamily dwelling development connecting two (2) or more existing streets within the primary
system of state highways or the secondary system of state highways. Public dedication is not
required for these streets; however, any such street must be clearly marked “RESERVED” on
the subdivision plat.

6

34.
Commercial. A wholesale, retail, or service business activity established to
carry on trade for a profit.
35.
Common Area. Any area within a multi-family dwelling development
designated for common use which includes such uses as parking, walkways, streets not
dedicated to Campbell County or the Virginia Department of Transportation, recreation
facilities, picnic areas, refuse collection, public utility easements, and similar activities.
36.
Common Area Right-of-Way. Any collector or connector street within a
multi-family dwelling development. Collector streets common area rights-of-way shall be at
least forty feet (40’) in width; connector streets common area rights-of-way shall be at least
thirty feet (30’) in width. All roads constructed within a common area right-of-way shall be
built according to the current Virginia Department of Transportation “Subdivision Street
Requirements” with respect to pavement width and pavement design. An apartment complex
of eight (8) or fewer dwelling units shall be exempt from the common area right-of-way width
and road construction requirements of this section.
37.
Composting Facility. A facility the primary use of which is the manipulation
of the natural aerobic and/or anaerobic process of decomposition of organic materials to
increase the rate of decomposition.
38.
Conditional Zoning. As a part of classifying land within Campbell County
into areas and districts by action of the Board of Supervisors, the allowing of reasonable
conditions governing the use of such property, such conditions being in addition to, or
modification of the regulations provided for a particular zoning district or zone by the overall
zoning provisions of this chapter.
39.
Condominium. A single unit in a multiple unit residential or commercial
structure that is offered for sale and shall be part of a condominium project with general
common elements as defined in the Code of Virginia.
40.
Connector Street. Any street in a multi-family dwelling development serving
twenty-five (25) or fewer dwelling units that provides access to a collector street in the
development or provides access to an existing street within the primary system of state
highways or the secondary system of state highways. Public dedication is not required for
these streets; however any such streets must be clearly marked “RESERVED” on the
subdivision plat.
41.
Contractor’s Equipment Storage Yards. Any parcel of land used for the
storage, parking, or keeping of stone, gravel, sand, cement, brick, brick tile, cement tile, tile
sewer pipe, wood, lumber or other construction materials, supplies, equipment, tools,
construction vehicles, and heavy machinery while awaiting off-site use.
42.
Convenience Center. An established centralized public collection point for the
temporary storage of solid waste – the average amount of which does not exceed fifty (50)
tons per day or one thousand (1,000) tons per month – generated on the premises of individual
solid waste generators, and established as a convenient alternative to a disposal facility for

7

said generators. A convenience center may not receive waste from collection vehicles that
have collected waste from more than one real property owner and shall be on a system of
regularly scheduled collections.
43.
Crisis Center. A facility providing temporary sanctuary for victims of crime
or abuse including emergency housing during crisis intervention for victims of rape, child
abuse, or physical beatings for a length of time not to exceed thirty (30) days.
44.
Dance Hall. A building open to the general public for purpose of providing a
place for dancing and where an admission is charged for the purpose of making a profit, except
when sponsored by civic, charitable or non-profit groups.
45.
Child Care Center. A regularly operating service arrangement for children
where, during the absence of a parent or guardian, a person or organization has agreed to
assume responsibility for the supervision, protection, and well-being of a child under the age
of thirteen (13) for less than a twenty-four (24) hour period, offered to (i) two or more children
under the age of thirteen (13) in a facility that is not the residence of the provider or of any of
the children in care or (ii) thirteen (13) or more children at any location.
46.
Data Center. An establishment engaged in the storage, management,
processing, and/or transmission of digital data, which houses computer and/or network
equipment, systems, servers, appliances and other associated components related to digital
data operations.
47.
Demolisher. Any person whose business is to crush, flatten, or otherwise
reduce a vehicle to a state where it can no longer be considered a vehicle.
48.
Development. A tract of land developed or to be developed as a unit under
single ownership or unified control which is to be used for any business or industrial purpose
or is to contain three or more residential dwelling units. The term “development” shall not be
construed to include any tract of land which will be principally devoted to agricultural
production.
49.
Dock House. A detached accessory structure attached to a dock on a
permanent body of water and used for storage only.
50.
Dormitory. A building owned and operated by an entity such as a business or
institution and used primarily for the accommodation of business or institutional personnel,
such as employees, students, and military, and not for the same use by the public.
51.
Dwelling. Any building or portion thereof which is designed for or used for
residential purposes.
52.
Dwelling, Multi-Family. A building designed for or occupied exclusively by
two (2) or more families living independently of each other in two or more dwelling units; the
term includes condominiums of similar physical appearance, character and structure.

8

53.
Dwelling, Single-Family. A building or structure designed for or occupied
exclusively by one (1) family in a single dwelling unit. The term shall not include a
recreational vehicle, recreational camper, or similar temporary habitation as those terms are
defined herein.
54.
Dwelling Unit. One (1) or more rooms in a residential building or structure or
in a mixed building which are arranged, designed, used or intended for use by one (1) family,
and which include a single lawful cooking space and lawful sanitary facilities reserved for the
occupants thereof. The installation of a second lawful cooking space shall not constitute a
separate dwelling unit when used in conjunction with a legally permissible home occupation
or business for which all necessary permits have been obtained and for which food preparation
is necessary for the conduct of the home occupation or business. Any zoning permits issued
for a second cooking space shall note that approval is limited to the permitted home occupation
or business and not for an additional dwelling unit.
55.
Emergency Services. Any services necessary for the protection of the public
health, safety and welfare in times of emergency.
56.
Engineer, Professional. A person who is qualified to practice engineering by
reason of his special knowledge and use of mathematical, physical and engineering sciences
and the principles and methods of engineering analysis and design acquired by engineering
education and experience and whose competence has been attested by the Board of Architects,
Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape
Architects through licensure as a professional engineer.
57.
Family. One or more persons occupying a single dwelling unit related by
blood, marriage, adoption, or under foster care placement or court-approved entrustment or
other legally-recognized custodial agreement. For the purposes of dwelling unit occupancy
in a single-family residential zoning district, the term shall include not more than two (2)
unrelated persons in addition to the family. For dwelling unit occupancy in all other zoning
districts, the term shall include not more than four (4) unrelated persons in addition to the
family.
Family care homes, foster homes, group homes, or family day homes (serving one
through five children, exclusive of the provider’s own children and any children who reside
in the home) shall be considered residential occupancy by a single family. No conditions
more restrictive than those imposed on residences occupied by persons related by blood,
marriage, or adoption shall be imposed upon such a home.
58.
Family, immediate. A member of the immediate family includes any person
who is a natural or legally defined offspring, stepchild, spouse, sibling, grandchild,
grandparent, or parent of the owner of the real property.
59.
Family Day Home. A child day program offered in the residence of the
provider or the home of any of the children in care for one (1) through twelve (12) children
under the age of thirteen (13), exclusive of the provider’s own children and any children who
reside in the home, when at least one child receives care for compensation. Family day homes
serving six (6) through twelve (12) children, exclusive of the provider’s own children and any

9

children who reside in the home, shall be licensed. However, no family day home shall care
for more than four children under the age of two, including the provider’s own children and
any children who reside in the home, unless the family day home is licensed or voluntarily
registered. However, a family day home where the children in care are all grandchildren of
the provider shall not be required to be licensed. This Chapter for all purposes shall consider
a family day home serving one through five children, exclusive of the provider’s own children
and any children who reside in the home, as residential occupancy by a single family. No
conditions more restrictive than those imposed on residences occupied by persons related by
blood, marriage, or adoption shall be imposed on such facility.
60.
Feed Lot. An enclosure used for the concentrated confinement and housing of
animals or poultry; a place for feeding and fattening animals.
61.
Floor Area. Usable floor space between the interior perimeter of the exterior
walls. Floor area shall not apply to exterior stairs, breezeways, porches, decks, stoops, and
similar.
62.
Garage. An accessory structure, or a portion of the main building, designed
for the storage of automobiles.
63.
General Convenience Store. A single store which offers for sale general
grocery and hardware items, including petroleum products.
64.
Golf Courses. Any publicly or privately owned facility on which the game
golf is played including accessory uses and buildings customary thereto, including practice
driving range.
65.
Golf Driving Range. A limited area on which golf players drive golf balls
from a central driving tee, such area to include the driving tee and other incidental activities
pertaining to this activity.
66.
Greenhouse. A structure for the raising of plants or flowers indoors for private
or retail purposes.
67.
Group Home. A residential facility in which no more than eight (8) individuals
with mental illness, intellectual disability, or developmental disabilities reside, with one (1)
or more resident or nonresident staff persons and for which the Department of Behavioral
Health and Developmental Services is the licensing authority pursuant to the Code of Virginia.
This Chapter for all purposes shall consider a group home as residential occupancy by a single
family. No conditions more restrictive than those imposed on residences occupied by persons
related by blood, marriage, or adoption shall be imposed on such facility. For the purposes of
this Chapter, mental illness and developmental disability shall not include current illegal use
of or addiction to a controlled substance as defined in Va. Code §54.1-3401.
68.
Health Department.
designated agent or representative.

The Campbell County Health Department or its

10

69.
Home Occupations. Home occupations may be in conflict with recorded deed
or plat restrictions. Obtaining a Zoning Permit for operation of the home occupation does not
relieve the applicant from possible enforcement of such restrictions.
i.

ii.

General Requirements. Home occupations, where permitted, must
meet the following general requirements:
(a)

The applicant must be the owner of the property on which the
home occupation is to be located or must have written approval
of the owner of the property if the applicant is a tenant.

(b)

No article shall be sold or offered for sale, nor services
rendered, except as made or provided by the immediate family
residing at the premises, except as provided for herein.

(c)

No more than two (2) non-resident persons, hired for the
performance of off-premises services rendered by the home
occupation, may come to or park at the premises at any one
time.

(d)

The home occupation shall not generate excessive traffic or
parking nor produce obnoxious odors, glare, noise, vibration,
electrical disturbance, radio activity or other conditions
detrimental to the character of the surrounding area.

(e)

Restriction on home occupations shall not apply to the sale of
unprocessed agricultural and husbandry products.

(f)

The home occupation within the main building shall not occupy
more than twenty-five percent (25%), or five hundred square
feet (500 ft.2), whichever is smaller, of the floor area within the
main building.

(g)

The home occupation located in an accessory building to the
main dwelling shall occupy a space no larger than one-half (1/2)
the total interior square footage of the main dwelling.

Expiration. A zoning permit for home occupations shall expire under
the following conditions:
(a)

Whenever the applicant ceases to occupy the premises for
which the home occupation permit was issued, and no
subsequent occupant of such premises shall engage in any home
occupation until he shall have been issued a new permit after
proper application.

(b)

Whenever the holder of such a permit fails to exercise the same
for any period of twelve (12) consecutive months.

11

iii.

Parking. One (1) on-site parking place will be provided for home
occupation use in addition to other required parking, except in R-SF
Districts.

iv.

Home Occupation Sign. Signs are permitted in accordance with the
requirements of §22-17.2 of this Code.

v.

Special Requirements in a R-SF Residential District.
(a)

All parking for the home occupation shall be off-street and on
the subject property. No more than two (2) vehicles associated
with the home occupation shall come to or park on the premises
at any one time.

(b)

No equipment, materials or supplies used for transaction of the
home occupation business will be stored or kept onsite unless
inside the residential dwelling or another permitted enclosed
structure.

70.
Hospital. An institution receiving in-patients and rendering medical, surgical,
and/or obstetrical care to private and charity patients, and usually including research and
training activities, but in all cases excluding abortion facilities. This shall include general
hospitals and institutions in which service is limited to special fields, such as cardiac, eye,
ear, nose and throat, pediatric, orthopedic, skin and cancer, tuberculosis, chronic disease and
obstetrics. Hospital patients generally require intensive care for periods generally not
exceeding several months, and provide both outpatient and inpatient care.
71.
Hotel. A building or buildings in which sleeping accommodations are
provided, for compensation, to transient and short-term guests and which is not a rooming or
tourist house.
72.
Industrialized Building. A combination of one or more sections or modules,
subject to state regulations and including the necessary electrical, plumbing, heating,
ventilating and other service systems, manufactured off-site and transported to the point of
use for installation or erection, with or without other specified components, to comprise a
finished building. Pursuant to Va. Code §36-81, local requirements affecting industrialized
buildings, including zoning, utility connections, preparation of the site, and maintenance of
the unit, remain in full force and effect as to both registered and unregistered industrialized
buildings. Manufactured homes as defined in Va. Code §36-85.3 or in this section and
certified under the provisions of the National Manufactured Housing Construction and Safety
Standards Act shall not be considered industrialized buildings for purposes of the Virginia
Industrialized Building Safety Law, Va. Code §36-70 et seq.
73.

Inoperable Motor Vehicle. Any motor vehicle, trailer or semitrailer which:
i.

is not in operating condition; or

12

ii.

for a period of sixty (60) days or longer has been partially or totally
disassembled by the removal of tires and wheels, the engine, or other
essential parts required for operation of the vehicle; or

iii.

on which there are displayed neither valid license plates nor a valid
inspection decal.

A motor vehicle which meets any one of the descriptions listed at items (i)
through (iii) above shall be deemed to be an inoperable motor vehicle.
Such classification shall be subject to the standards, procedures, and
exemptions provided by §15-40 et seq. of this Code and applicable state
law.
74.
Intensive Agricultural Facilities. Confinement operations in which large
numbers of animals or fowl are confined to a relatively small space (see §22-16.01 of this
Code).
75.
Junk. Old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber,
debris, waste; or junked, dismantled or wrecked automobiles, or parts thereof; iron, steel and
other old or scrap ferrous or nonferrous material; excluding hazardous, infectious or toxic
materials. (See §15-48 of this Code)
76.
Junkyard. An establishment or place of business which is maintained,
operated, or used for storing, keeping, buying or selling junk; or for the maintenance or
operation of an automobile graveyard. (See §15-48 of this Code).
77.
Kennel. Any building and/or designated outside area where raising, grooming,
caring for or boarding of five (5) or more dogs, cats or other small animals for private or
commercial purposes is carried on.
78.
Landfill. Public or private, including sanitary landfill, industrial waste landfill,
or construction/demolition/debris landfill (as these terms are defined in the Solid Waste
Management Regulations (9VAC20-81-10 et seq.).
79.
Landscape Architect. A person who, by reason of his special knowledge of
natural, physical and mathematical sciences, and the principles and methodology of landscape
architecture and landscape architectural design acquired by professional education, practical
experience, or both, is qualified to engage in the practice of landscape architecture and whose
competence has been attested by the Board of Architects, Professional Engineers, Land
Surveyors, Certified Interior Designers and Landscape Architects through licensure as a
landscape architect.
80.
Landscaping. Where provided for in this Chapter, suitable landscaping shall
be not less than five percent (5%) of the square footage of the parking lot as determined by
the Zoning Administrator. The area to be landscaped shall be clearly marked on the site plan,
and shall include a detailed list of the materials to be used, plant species, and height or size at
the time of planting. The landowner and business owner, if different, may both be held

13

responsible for ensuring the proper installation and maintenance of approved landscaping
material.
81.
Logistics Center. A fixed location, with adequate parking, maneuvering and
access, where trucks pick up, deliver, and/or transfer freight. The term may include
warehouses, parking for trucks and/or trailers, or a combination thereof, and may include
related offices for drivers, dispatchers, etc.
82.
Lot. A measured portion or parcel of land separated from other portions or
parcels by description in a site plan or a recorded plat, or by metes and bounds, intended to be
a unit for the purpose, whether immediate or future, of transfer of ownership or of
development or separate use. The term applies to units of land whether in subdivision or a
development. For the purpose of a manufactured home park, a lot is the portion of such parcel
with existing utility connections to support a home.
83.
Lot, Corner. A lot located at the intersection of two or more streets. A lot
abutting on a curved street or streets shall be considered a corner lot if straight lines drawn
from the foremost points of the side lot lines to the foremost point of the lot meet at an interior
angle of less than one hundred thirty-five degrees (135°).
84.
Lot Coverage. The ratio of the horizontally projected area of the main and
accessory buildings on a lot to the total area of the lot.
85.
Lot, Flag. A lot or parcel of land which, due to topographic features or other
unique physical characteristics, utilizes an elongated strip of land to provide access to a street
within the secondary system of state highways or a street providing access to said system of
highways. The lot or parcel shall be considered a flag lot if the elongated strip of land
providing access to the street narrows to a width less than the required width at the front lot
line regardless of the amount of road frontage of the lot.
86.
Lot, Front Line. That lot line of a lot common to a road in the secondary
system of state highways, dedicated right-of-way or easement that may provide the lot with
vehicular access, provided that the front lot line of a lot bordering two (2) or more roads in the
secondary system of state highways, two (2) or more dedicated rights-of-way, or two (2) or
more easements shall be the line having the shortest dimension. If the lot line dimensions are
equal on the highways, rights-of-way or easements, either may be considered the front lot
line.
87.

Lot, Interior. A lot other than a corner lot with only one frontage on a street.

88.

Lot Line (property line). The boundary of a lot.

89.
Lot of Record. A lot or parcel of land whose existence, location and
dimensions have been recorded in the office of the Clerk of the Circuit Court at the time of
the adoption of this ordinance.
90.

Lot Width. The distance between side property lot lines.

14

91.
Manufacture and/or Manufacturing. The processing and/or converting of
materials or products or either of them into articles or substances of different character or for
use for a different purpose.
92.
Manufactured Home. A structure subject to federal regulation, which is
transportable in one or more sections; is eight (8) body feet or more in width and forty (40)
body feet or more in length in the traveling mode, or is three hundred twenty or more square
feet (320 ft.2) when erected on site; is built on a permanent chassis; is designed to be used as a
single-family dwelling, with or without a permanent foundation, when connected to the
required utilities; and includes the plumbing, heating, air-conditioning, and electrical systems
contained in the structure. Pursuant to Va. Code §36-85.11, local zoning ordinances and other
land use controls that do not affect the manner of construction or installation of manufactured
homes shall remain in full force and effect. Site preparation, utility connections, skirting
installation and maintenance of the manufactured home shall meet the requirements of the
Uniform Statewide Building Code. No manufactured home, as defined herein, may be used
for storage in any zoning district.
93.
Manufactured Home Lot. That area designated to accommodate one (1)
manufactured home within the manufactured home park.
94.
Manufactured Home Park. Any grouping of two (2) or more manufactured
homes or manufactured home lots, unless otherwise specifically provided in a particular
zoning district.
95.
Materials Recovery Facility (MRF). A solid waste management facility for
the collection, processing, and recovery of material such as metals from solid waste or for the
production of a fuel from solid waste. This does not include the production of a waste-derived
fuel product.
96.
Medical or dental clinics. Any building or group of buildings occupied by two
or more medical or dental practitioners, but in all cases excluding abortion facilities, for the
purpose of providing health services to people on an out-patient basis.
97.
Mixed-use Residential Structures. A building containing uses both residential
and commercial in nature, typically consisting of commercial uses on lower floors and
residential uses on upper floors.
98.

Mobile Home. A manufactured home as defined in this ordinance.

99.
Mentally or Physically Impaired Person. A person who is a resident of
Virginia and who requires assistance with two or more activities of daily living, as defined in
Va. Code §63.2-2200, as certified in a writing provided by a physician licensed by the
Commonwealth.
100.
ordinance.

Modular Home. A single detached industrialized building as defined in this

15

101. Motel. A building or buildings designed or occupied as the abiding place for
individuals who are, for compensation, lodged with or without meals.
102. Nicotine Vapor Product. Any noncombustible product containing nicotine that
employs a heating element, power source, electronic circuit, or other electronic, chemical, or
mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine
in a solution or other form, including liquid nicotine. “Nicotine vapor product” includes any
electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, closed system, open
system, or similar product or device and any cartridge or other container of nicotine in a
solution or other form, including liquid nicotine, that is intended to be used with or in an
electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or
device. “Nicotine vapor product” does not include any product regulated by the FDA under
Chapter V (21 U.S.C. § 351 et seq.) of the Federal Food, Drug, and Cosmetic Act.
103. Nonconforming Lot. A lot which was previously lawful but which does not
comply with the minimum lot area or width requirements of the zoning district in which it is
located, either on the effective date of this ordinance or as a result of any subsequent
amendment thereto.
104. Nonconforming Structure. An otherwise legal building or structure that does
not conform with the lot area, yard, height, lot coverage, or other area regulations of this
ordinance, or is designated or intended for a use that does not conform to the use regulations
of this Ordinance, for the district in which it is located, either at the effective date of this
Ordinance or as the result of amendment thereto.
105.

Nonconforming Use.
i.

Any use of a lot which was previously lawful but which does not
conform to the applicable use regulations of the zoning district in which
it is located, either on the effective date of this Ordinance or as the result
of any subsequent amendment thereto.

ii.

Any use of a building or other structure which was previously lawful
but which does not conform to the applicable use regulations of the
zoning district in which it is located, either on the effective date of this
Ordinance, or as a result of any subsequent amendment thereto.

106. Official Map. That map of legally established and future or proposed public
streets, alleys, walkways, waterways and public areas adopted by the Board of Supervisors in
accordance with the provisions of Va. Code §15.2-2233.
107. Open Space. That part of the net area of the zoned district which is open and
unobstructed from its lowest level to the sky except for roof eaves and overhangs. Any area
used for parking or maneuvering of automotive vehicles or storage of equipment or refuse
shall not be deemed open space.
108. Owner. Any person, agent, firm or corporation, or other legal entity having an
ownership interest in property.

16

109. Pallet Assembly operations. A facility for the formulation of any processed
timber into pallets for sale to the general public.
110. Pet Services. Retail sales of, grooming, caring for, or boarding dogs, cats, or
other small pet animals, within a fully enclosed building. Animals shall be leashed and under
the direct control of a custodian whenever outdoors.
111. Planned Unit Development. A form of development characterized by unified
site design for a variety of housing types and densities, clustering of buildings, common open
space, and a mix of building types and land uses in which project planning and density
calculation are performed for the entire development rather than on an individual lot basis.
112. Plat or Plat of Subdivision. The schematic representation of land divided or
to be divided and information in accordance with the provisions of Va. Code §15.2-2241,
§15.2-2242, §15.2-2258, §15.2-2262, and §15.2-2264, and other applicable statutes.
113. Professional Office. An office in which is conducted the provision of services
for which a regulatory license from the Commonwealth of Virginia is required.
114. Proffer. An offer of restrictions on use of property tendered by an applicant
for conditional rezoning or a special exception.
115. Public Park or Recreation Area. A publicly owned pleasure ground set aside
for recreation of the public to promote public health and enjoyment which generally provides
an opportunity for open-air and/or protected or semi-protected activities.
116. Public Transportation Facilities. Railroad and bus stations and related yards
and facilities.
117. Public Utilities. Publicly or privately owned operations furnishing electricity,
gas, rail transport, communications, water, treatment facilities, or related services to the
general public.
118. Public Water Supply and Sewage Disposal. A water supply and distribution
or sewage collection and disposal system owned and operated by a municipality or County
agency or privately owned if inspected and approved by the State.
119. Rebuilder. Any person who acquires and repairs, for use on the public
highways, two or more salvage vehicles within a twelve-month (12) period.
120. Recycling or Remanufacturing. Any process whereby material which would
otherwise be solid waste is used or reused, or prepared for use or reuse, as an ingredient to an
industrial process to make the products, or as an effective substitute for a commercial product,
which may or may not be similar to the original product.
121. Recreational Resort or Campground. A tract of land and accompanying
structures and other facilities where two or more recreational vehicles, motor homes, travel

17

trailers, tents, or cabins may be erected, parked or maintained for temporary habitation for
recreational or vacation purposes. A recreational resort or campground includes all accessory
uses incident to the maintenance and operation of the resort or campground.
122.

Recreational substances. Any of the following:
i.
ii.
iii.

Any Retail Tobacco Product;
Any Nicotine Vapor Product; and
Any raw material or processed product made from or containing any
part of the Cannabis sativa plant intended to be consumed by
inhalation.

123. Recreational substances retail, off-site use. Any establishment, facility, or
location whose business operation involves (i) the retail sale of recreational substances and
(ii) includes recreational substances as 5% or more of its total inventory or 5% or more of its
total display shelf area.
124. Recreational substances retail, on-site use. Any establishment, facility, or
location whose business operation allows the on-site use of recreational substances.
125. Recreational Vehicle or Recreational Camper. A vehicle or structure which
can be towed, hauled, or driven, designed and used as temporary living accommodations for
recreational, camping or travel uses only. The terms shall include travel trailers, pick-up
campers, motor homes, tent trailers, fifth-wheel campers, camper bodies or similar devices
designed primarily for temporary overnight housing. Continuous and regular presence within
a Recreational Vehicle or Recreational Camper for more than 14 days within any 90 day
period shall be considered a violation of this chapter unless otherwise expressly exempted
herein.
126. Restaurant. Any building in which, for compensation, food or beverage are
dispensed to persons not residing on the premises.
127. Retail Stores and Shops. Buildings for display and sale of merchandise at
retail or for the rendering of personal services (but specifically exclusive of coal, wood, and
lumber yards).
128. Retail Tobacco Product. (i) any product containing, made of, or derived from
tobacco or that contains nicotine that is intended for human consumption or is likely to be
consumed, whether smoked, heated, chewed, dissolved, inhaled, absorbed, or ingested by
other means, including a cigarette, cigar, a heated tobacco product, chewing tobacco, pipe
tobacco, snuff, or snus; (ii) any electronic smoking device and any substances that may be
aerosolized or vaporized by such device, whether or not the substance contains nicotine; and
(iii) any component, part, or accessory of a product described in clause (i) or (ii), whether or
not such component, part, or accessory contains tobacco or nicotine, including filters, rolling
papers, blunt or hemp wraps, and glass pipes.
129. Retirement Home. A facility providing residential care for the elderly, and
any uses necessarily and customarily incidental thereto.

18

130. Rooming House. A residential dwelling in which sleeping accommodations
are provided, for compensation, to transient guests, that is located on the same parcel as the
personal residence of the proprietor or owner and that parcel is occupied by the proprietor or
owner at the time of the rental.
131. Salvage Dealer. Any person who acquires any vehicle for the purpose of
reselling any parts thereof or who acquires and sells any salvage vehicle as a unit except as
permitted by Va. Code §46.2-1602(B)(2).
132. Salvage Pool. Any person providing a storage service for salvage vehicles or
nonrepairable vehicles who either displays the vehicles for resale or solicits bids for the sale
of salvage vehicles or nonrepairable vehicles, but this definition shall not apply to an insurance
company which stores and displays fewer than one hundred (100) salvage vehicles and
nonrepairable vehicles in one location; however any two or more insurance companies who
display salvage and nonrepairable vehicles for resale, using the same facilities, shall be
considered a salvage pool.
133. Sanitary Landfill. An engineered land burial facility for the disposal of solid
waste which is so located, designed, constructed and operated to contain and isolate the solid
waste so that it does not pose a substantial present or potential hazard to human health or the
environment.
134. Sawmill. A facility for the processing of timber from the property on which it
is located, from adjoining property or from other properties removed from the sawmill or its
environs without regard to point of origination. A private sawmill is one that is contained
within a structure of less than ten thousand square feet (10,000 ft.2) in which the processed
timber is not available for sale to the public at large and is instead intended for personal use
by the owner or by his agents or designees. A commercial sawmill is any sawmill that is not
a private sawmill.
135. Sand, Gravel, and Extraction of Rock. Removal of natural resources from
the ground by mechanical means including excavation and crushing of rock and stone for
production of aggregate, and not including excavation for land clearing and construction
purposes regulated elsewhere in this Code.
136. Schools. An institution, including institutions of higher learning, colleges and
universities, providing full-time instruction and including accessory facilities traditionally
associated with a program of study which meets the requirements of the laws of the state of
Virginia.
137. School Support Facilities. Facilities which are required to maintain efficient
operation of a school or school system but which are not directly related to the academic
program of study.
138. Self-storage or Mini-storage Facilities. Any real property designed and used
for renting or leasing individual storage spaces, other than storage spaces which are leased or
rented as an incident to the lease or rental of residential property or dwelling units, to which

19

the occupants thereof have access for storing or removing their personal property. No
occupant shall use a self-service storage facility for residential purposes.
139. Setback Line. A line parallel to a street or other property line and extending
the full length or width of a lot for a specified distance at all points from the street right-of-way
or property line.
140. Shooting Range or Sport Shooting Range. An area or structure specially
designed for the safe discharge and use of rifles, shotguns, pistols, silhouettes, skeet, trap,
black powder, or any similar firearm for the purpose of sport shooting or military/law
enforcement training.
141. Sewage Sludge. Any solid, semi-solid, or liquid residues, which contain
materials removed from municipal or domestic wastewater during treatment including
primary and secondary residues.
142. Shopping Center. A building or buildings with total square footage of one
hundred thousand square feet (100,000 ft.2) or more (excluding outdoor storage areas), located
on one or more contiguous parcels of land as shown on a single site plan, containing three (3)
or more stores intended to be occupied primarily for commercial, retail or professional uses,
in any combination.
143. Sign. Any outdoor sign, display, device, figure, painting, drawing, message,
placard, poster, billboard, or other thing which is designed, intended or used to advertise or
inform, any part of the advertising or informative contents of which is visible from any
highway. (See Va. Code §33.2-1200).
144. Sign Area. The entire area of that part of a sign used for advertising within a
single continuous perimeter. Only one side of a “V-type” or double-faced sign shall be
considered when computing sign area.
145. Solar Energy Facilities. A renewable energy project that either (i) generates
electricity from sunlight, consisting of one or more PV systems and other appurtenant
structures and facilities within the boundaries of the site, or (ii) utilizes sunlight as an energy
source to heat or cool buildings, heat or cool water, or produce mechanical power by means
of any combination of collecting, transferring, or converting solar-generated energy.
146. Solid Waste. Any garbage, refuse, sludge, or other discarded material,
including, solid, liquid, semi-solid, or contained gaseous material, resulting from industrial,
commercial, mining and agricultural operations, or community activities, but shall not include
(i) solid or dissolved material in domestic sewage, (ii) solid or dissolved material in irrigation
return flows or in industrial discharges which are sources subject to a permit from the State
Water Control Board, or (iii) source, special nuclear, or by product materials defined by the
Federal Atomic Energy Act of 1954, as amended.
147. Solid Waste Incinerator. A facility or device designed for the processing of
solid waste by combustion.

20

148. Solid Waste Management Facility. A facility or site used for planned treating,
storing, or disposing of solid waste which may consist of several treatment, storage, or
disposal units.
149. Sign, On-site. A sign relating its subject matter to the premises on which it is
located, or to products, accommodations, services, or activities on the premises.
150. Sign, Off-Site. A sign, either free standing or attached to a building, for the
purpose of conveying information, knowledge, or ideas to the public about a subject not
specific to the premises upon which it is located.
151.
forestry.

Silviculture. The development and care of forests and farming of trees, or

152. Sign, Temporary. A sign, intended to be displayed for a period of not more
than sixty (60) consecutive days.
153. Site Plan. The proposal for a development or a subdivision including all
covenants, grants or easements and other conditions relating to use, location and bulk of
buildings, density of development, common open space, public facilities and such other
information as required by this or the County subdivision ordinance to which the proposed
development or subdivision is the subject.
154. Small Portable Solar Generation Device. A moveable photovoltaic generation
device that (i) has a maximum power output of not more than 1,200 watts per dwelling unit;
(ii) is designed to be connected to the electrical system of a building through an electrical
outlet; (iii) is located on the customer’s side of the electric meter and intended primarily to
offset part of the customer’s electricity consumption; (iv) meets the standards of the most
recent version of the National Electrical Code; (v) is certified by a nationally recognized
testing laboratory, as described in 29 C.F.R. § 1910.7, or an equivalent nationally recognized
testing laboratory; and (vi) includes a device or feature that prevents the device from affecting
or exporting power to the electrical system of the building during a power outage. A small
portable solar generation device that has a maximum power output to the receptacle outlet of
not more than 391 watts is exempt from product listing provisions that would require
alterations to the building's premises, wiring, or electrical panels.
155. Special Exception. A special use that is a use not permitted in a particular
district except by a special use permit granted under the provisions of this chapter of the
Campbell County Code.
156.

Street. A street as defined in §21-2 of this Code.

157. Structure. Anything constructed or erected, the use of which requires a
location on the ground, or attached to something having a location on the ground.
158. Subdivision. The division of a parcel of land into two (2) or more lots or
parcels for the purpose of transfer of ownership or building development or, if a new street is
involved in such division, any division of a parcel of land. The term includes resubdivision

21

and, when appropriate to the context, shall relate to the process of subdividing or to the land
subdivided. Nothing in this definition or any ordinance adopted pursuant to Va. Code §15.22240 shall preclude different owners of adjacent parcels from entering into a valid and
enforceable boundary line agreement with one another so long as such agreement is only used
to resolve a bona fide property line dispute, the boundary adjustment does not move by more
than two hundred fifty feet (250’) from the center of the current platted line or alter either
parcel’s resultant acreage by more than five percent of the smaller parcel size, and such
agreement does not create an additional lot, alter the existing boundary lines of localities,
result in greater street frontage, or interfere with a recorded easement, and such agreement
shall not result in any nonconformity with local ordinances and health department regulations.
Notice shall be provided to the zoning administrator for review. For any property affected by
this definition, any division of land subject to a partition suit by virtue of order or decree by a
court of competent jurisdiction shall take precedence over the requirements of Article 6 (Va.
Code §15.2-2240 et seq.) and the minimum lot area, width, or frontage requirements in the
zoning ordinance so long as the lot or parcel resulting from such order or decree does not vary
from minimum lot area, width, or frontage requirements by more than twenty percent (20%).
A copy of the final decree shall be provided to the zoning administrator.
159. Surveyor, Land. A person who, by reason of his knowledge of the several
sciences and of the principles of land surveying, and of the planning and design of land
developments acquired by practical experience and formal education, is qualified to engage
in the practice of land surveying, and whose competence has been attested by the Board for
Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and
Landscape Architects through licensure as a land surveyor.
160. Temporary Family Health Care Structures. A transportable residential
structure, providing an environment facilitating a caregiver’s provision of care for a mentally
or physically impaired person, that (i) is primarily assembled at a location other than its site
of installation, (ii) is limited to one occupant who shall be the mentally or physically impaired
person, or in the case of a married couple, two occupants, one of whom is a mentally or
physically impaired person and the other requires assistance with one or more activities of
daily living as defined in the Virginia Code, as certified in writing by a physician licensed in
the Commonwealth, (iii) has no more than three hundred gross square feet (300 ft.2), and (iv)
complies with applicable provisions of the Industrialized Building Safety Law (Va. Code
§36-70 et seq.) and the Uniform Statewide Building Code (Va. Code §36-97 et seq.). Placing
the temporary family health care structure on a permanent foundation shall not be required or
permitted.
161. Theater, Indoor. A building designed and/or used primarily for the
commercial exhibition of motion pictures to the general public or used for performance of
displays, acts, dramas by actors and/or actresses.
162. Theater, Outdoor. An area not to exceed five (5) acres containing a screen
projection booth, refreshment stand, parking spaces and sound transmission devices to
individual parking spaces only for the purpose of commercial exhibition of motion pictures.
163.

Timber Harvesting. The commercial cutting of timber.

22

164. Time-share or timeshare. Either a time-share estate or a time-share use plus
its incidental benefits; the term shall include similar terms or uses including, without
limitation, “time-share interest,” “interval ownership,” “interval ownership interest,”
“vacation ownership,” “vacation ownership interest,” or “product” as those terms are
recognized in the time-share industry and shall include “time-share estate,” “time-share use,”
“time-share program,” “time-share project,” and “time-share unit,” as those terms are defined
in Va. Code §55.1-2200, which definitions are incorporated herein by reference with the
express intent that such incorporation by reference shall include future amendments to the
statutes and regulations pertaining to real estate time-shares and all cited related definitions.
No conditions or requirements more restrictive than those imposed upon a time-share by any
local zoning, subdivision or other ordinance or regulation.
165. Time-share estate. A right to occupy a unit or any of several units during five
or more separated time periods over a period of at least five years, including renewal options,
coupled with a freehold estate or an estate for years in a time-share project or a specified
portion thereof.
166. Time-share use. A right to occupy a time-share unit or any of several
time-share units during five or more separated time periods over a period of at least five years,
including renewal options, not coupled with a freehold estate or an estate for years in a timeshare project or a specified portion thereof. “Time-share use” shall not mean a right to use
which is subject to a first-come, first-served, space-available basis as might exist in a country
club, motel, hotel, health spa, campground, or membership or resort facility.
167. Tire Pile or Tire Stockpile. Any lot or place, covered or uncovered, upon
which an accumulation of more than one hundred (100) waste tires is placed, located or found.
A tire pile or tire stockpile shall comply with the permitting requirements of Va. Code §10.11408.1 and shall comply with the provisions of §12-8 et seq. of this Code, the Campbell
County Zoning Ordinance, and any other applicable provisions of state law or local ordinance.
168. Tire Storage/Disposal Convenience Center. A collection point for the
temporary storage of waste tires provided for individuals who choose to transport waste tires
generated on their own premises to an established centralized point, rather than directly to a
disposal facility. To be classified as a convenience center, the collection point shall not
receive waste tires from collection vehicles that have collected waste from more than one real
property owner. A convenience center shall have a system of regularly scheduled collections
and may be covered or uncovered.
169. Tires or Waste Tires. Any old or scrap tires, whether made of rubber, synthetic
materials, or any combination thereof, including, but not limited to, tire carcasses, inner tubes,
separated treads, or any other part of a tire.
170. Tourist House. A residential dwelling unit provided for compensation to
transient guests that includes vacation rentals, and that typically uses a system of advertising,
reservations, deposits, and confirmations.
171. Townhouse. Single-family attached dwellings separated from one another by
common vertical walls with no openings.

23

172.

Townhouse Lot. A lot upon which a townhouse is or is to be erected.

173. Transfer Facility. Any solid waste storage or collection facility at which solid
waste—the average amount of which exceeds fifty (50) tons per day or one thousand (1,000)
tons per month—is transferred from collection vehicles to haulage vehicles for transportation
to a central solid waste management facility for disposal, incineration, or resource recovery.
Not a convenience center.
174. Truck Stop. Any area of land, with adequate parking, maneuvering and access
for at least three (3) combination tractor-trailer vehicles, that may provide for retail sale of
diesel fuel and gasoline, restaurant facilities, sleeping quarters and minor repair facilities.
175. Use. Any purpose for which a structure or a tract of land is designed, arranged,
intended, maintained, or occupied or any activity, occupation, business, or operation carried
on, or intended to be carried on, in a structure or on a tract of land except that such term shall
not include an event of a temporary nature lasting seven (7) days or less for which a valid
special entertainment permit is issued pursuant to §3-6 et seq. of this Code. [See also §1418(D) of this Code.]
176. Variance. A reasonable deviation from those provisions regulating the shape,
size, or area of a lot or parcel of land, or the size, height, area, bulk or location of a building
or structure when the strict application of the provisions of this ordinance would unreasonably
restrict the utilization of the property, and such need for a variance would not be shared
generally by other properties, and provided such variance is not contrary to the purpose of
this ordinance. It shall not include a change in use which change shall be accomplished by a
rezoning or by a conditional zoning.
177. Vehicle Removal Operator. Any person who acquires a vehicle for the
purpose of reselling it to a demolisher, scrap metal processor, or salvage dealer.
178. Veterinary Hospital. A structure or series of structures used for the treatment
of diseases and injuries of animals by a veterinarian licensed by the Commonwealth of
Virginia.
179. Waste Water. Untreated liquids and water-carried solids, including industrial
wastes and domestic sewage, from residential dwellings, and commercial, industrial, and
manufacturing facilities.
180. Waste Water Treatment Facility. A facility in which chemical, biological, and
mechanical procedures are applied to an industrial or municipal discharge or to any other
sources of waste water to remove, reduce, or neutralize contaminants.
181. Waste-to-Energy Facility. A facility or a use dedicated primarily to generating
energy from the treatment of waste, typically – but not limited to – combustion or production
of combustible fuel. A waste energy facility may be a primary use or an accessory use to a
landfill, waste disposal facility, waste treatment facility, or similar.

24

182. Water Treatment Plant. A facility which takes raw water from a natural source
and passes the water through a series of treatment processes, including the addition of
chemicals, filtration, and disinfection, and that requires a Health Department license to
operate.
183. Wholesale Business Establishments With or Without Retail Sales. A
wholesale sales facility that assembles, packages, processes, stores or distributes previously
prepared merchandise in gross for resale. Such businesses shall not generate excessive traffic,
parking nor produce obnoxious odors, glare, noise, vibrations, electrical disturbances or other
conditions detrimental to adjacent zoning districts and shall be conducted primarily within
enclosed structures. If ancillary retail sales occur, such sales shall only be permitted in the
building of primary occupancy and shall not occupy more than ten (10) percent of the
building’s gross floor area.
184. Yard. A space on the same lot with a main building, such space being open,
unoccupied, and unobstructed by buildings from ground to sky except where encroachments
and accessory buildings are expressly permitted.
185. Yard, Front. An open, unoccupied space on the same lot with the main
structure, extending the full width of the lot and situated between the front lot line and the
front line of the structure projected to the side lines of the lot. The depth of the front yard
shall be measured between the front line of the structure and the front lot line. Covered
porches, whether enclosed or unenclosed, shall be considered as part of the main structure
and shall not project into a required front yard. On corner lots the front yard shall be
considered as parallel to the front lot line.
186. Yard, Rear. An open space on the same lot with the main structure, such space
being unoccupied except possibly by an accessory building and extending the full width of
the lot and situated between the rear line of the lot and the rear line of the main structure
projected to the side lines of the lot. On all corner lots the rear yard shall be at the opposite
end of the front yard.
187. Yard, Side. An open, unoccupied space on the same lot with a main structure,
situated between the side line of the structure and the adjacent side line of the lot extending
from the rear line of the front yard to the front line of the rear yard. On corner lots, the side
yard shall be considered as perpendicular to the front and rear yards.
188. Zoning district. A portion of Campbell County within which certain uniform
regulations and requirements or various combinations thereof apply under the provisions of
this Ordinance.
189. Zoning Map. That map of Campbell County, which is a part of this chapter of
the Campbell County Code, delineating use classifications permitted herein.
190. Zoning or To Zone. The process of classifying land within Campbell County
into areas and districts, such areas and districts being generally referred to as “zones”, by
action of the Board of Supervisors and the prescribing and application in each area and district
of regulations concerning building and structure designs, building and structure placement

25

and uses to which land, buildings and structures within such designated areas and districts
may be put.
For state law authority, see Va. Code §15.2-2201
and Va. Code §15.2-2247. See also Va. Code
§33.2-804, §33.2-1200, Va. Code §36-71.1,
§36-85.3, §36-85.11, §36-96.6, Va. Code §46.21600, Va. Code §54.1-400, Va. Code §63.2-100,
Va. Code §22.1-289.02, Va. Code §15.2-2244,
§15.2-2288.01, §15.2-917, §15.2-2292.1 and
Va. Code §55.1-2900. For local authority to
regulate tire stockpiling, see Va. Code §10.11404(B)(4). For authority to regulate inoperable
motor vehicles, see Va. Code §15.2-904. For
state law basis for definition of time-share, see
Va. Code §55.1-2200 et seq. For state law basis
for definition of cemetery, see Va. Code §15.22288.5 and Va. Code §54.1-2310.

Editor’s note: Cemeteries. Va. Code §57-26 provides that no cemetery shall be established “unless
authorized by appropriate ordinance subject to any zoning ordinance duly adopted by the governing
body of such county, city or town.” However, the statute prescribes that such an ordinance shall not
be required “for interment of the dead in any churchyard or for interment of members of a family on
private property.” See also §6-1 of this Code.
Sec. 22-3.

Official Zoning Map.

The official Zoning Map shall be in the charge of the Community Development Department
and the Zoning Administrator, hereinafter appointed, and is incorporated herein by reference.
For state law provisions with reference to adoption of
official zoning map see Va. Code §15.2-2284 and §15.22285.
For provisions regarding adoption of
comprehensive plan, see Va. Code §15.2-2223.
For provisions regarding adoption of official county
map showing location of legally established or future
proposed public streets, alleys, walkways, waterways,
and public areas, see Va. Code §15.2-2233. See also
the last paragraph of Va. Code §15.2-2233 regarding
the procedure to be followed, including time limits for
action, when an application for a building permit is
made to the County for an area shown on the official
map as a future or proposed right-of-way for such
above-mentioned public improvements.

26

Editor’s note: The current comprehensive plan for Campbell County, Virginia, was adopted on
December 3, 2019, by the Board of Supervisors, upon the recommendation of the Planning
Commission.
Sec. 22-4.

Rules for determining district boundary line locations; conflicts in ordinances.

The district boundaries shown on the Zoning Map are intended to follow lot lines, property
lines, or the center lines of streets as they exist at the time of passage of this chapter; except where a
district boundary obviously does not follow any such line, and it is not defined by dimensions or
other means, it shall be determined by scaling. District boundaries following railroad rights-of-way
shall be construed to be midway between the main tracks.
When it becomes necessary to divide a lot under single ownership at the time this ordinance
is enacted, the use classification of the largest portion of the lot so divided shall be extended to the
remaining portion.
Questions concerning the exact location of district boundary lines shall be determined by the
Board of Zoning Appeals. After notice to the owners of the property affected by the question, and
after public hearing with notice as required by Va. Code §15.2-2204 and Va. Code §15.2-2309, the
Board of Zoning Appeals may interpret the map in such a way as to carry out the intent and purpose
of the zoning ordinance for the particular section or district in question. However, when giving any
required notice to the owners, their agents, or the occupants of abutting property and property
immediately across the street or road from the property affected, the board may give such notice by
first-class mail rather than by registered or certified mail. The Board shall not have the power to
change substantially the locations of district boundaries as established by ordinance.
Whenever the regulations made under authority of this chapter require a greater width or size
of yards, courts or other open spaces, require a lower height of building or less number of stories,
require a greater percentage of lot to be left unoccupied or impose other higher standards than are
required in any other statute or local ordinance or regulation, the provisions of the regulations made
under authority of this chapter shall govern. Whenever the provisions of any other statute or local
ordinance or regulation require a greater width or size of yards, courts or other open spaces, require
a lower height of building or a less number of stories, require a greater percentage of lot to be left
unoccupied or impose other higher standards than are required by the regulations made under
authority of this chapter, the provisions of such statute or local ordinance or regulation shall govern.
For state law authority, see Va. Code §15.2-2284. For
state law with reference to hearing on dispute over
district lines, see Va. Code §15.2-2309 at provision 4;
for similar state law concerning conflicting regulations
see Va. Code §15.2-2315.
Cross-reference: For powers and duties of local board of zoning appeals, see §22-26 of this Code
and Va. Code §15.2-2309.
Sec. 22-4.1.

Advertisement of plans, ordinances, etc.; joint public hearings; written notice of
certain amendments.

27

A.
Plans or ordinances, or amendments thereof, recommended or adopted under the
powers conferred by Chapter 22 (Planning, Subdivision of Land and Zoning of Title 15.2 of the
Virginia Code, as amended), or of this chapter need not be advertised in full, but may be advertised
by reference. Every such advertisement identify the place or places within the County where copies
of the proposed plans, ordinances or amendments may be examined.
The Planning Commission shall not recommend nor the Board of Supervisors adopt any plan,
ordinance or amendment thereof until notice of intention to do so has been published once a week for
two successive weeks in some newspaper published or having general circulation in the County, with
the first notice appearing no more than fourteen (14) days before the intended adoption; however, the
notice for both the Planning Commission and the Board of Supervisors may be published
concurrently. The notice shall specify the time and place of hearing at which persons affected may
appear and present their views. The Planning Commission and Board of Supervisors may hold a
joint public hearing after public notice as set forth hereinabove. If a joint hearing is held, then public
notice as set forth above need be given only by the Board of Supervisors. The term “two successive
weeks” as used in this subsection shall mean that such notice shall be published at least twice in such
newspaper with not less than six days elapsing between the first and second publication. After
enactment of any plan, ordinance or amendment, further publication thereof shall not be required.
B.
When a proposed amendment of the zoning ordinance involves a change in the zoning
map classification of twenty-five (25) or fewer parcels of land, then, in addition to the advertising as
above required, the advertisement shall include the street address or tax map parcel number of the
parcels subject to the action. Written notice shall be given by the Planning Commission or its
representative, at least five days before the hearing to the owner or owners, their agent or the occupant,
of each parcel involved; to the owners, their agent or the occupant, of all abutting property and
property immediately across the street or road from the property affected, including those parcels
which lie in other localities of the Commonwealth; and, if any portion of the affected property is
within a planned unit development, then to such incorporated property owners’ associations within
the planned unit development that have members owning property located within two thousand feet
(2,000’) of the affected property as may be required by the Planning Commission or its agent.
However, when a proposed amendment to the zoning ordinance involves a tract of land not less than
five hundred (500) acres owned by the Commonwealth or by the federal government, and when the
proposed change affects only a portion of the larger tract, notice need be given only to the owners of
those properties that are adjacent to the affected area of the larger tract. One notice sent by registered,
certified, or first-class mail to the last known address of such owner as shown on the current real
estate tax assessment books or current real estate tax assessment records shall be deemed adequate
compliance with this requirement, provided that a representative of the local planning commission
shall make affidavit that such mailings have been made and file such affidavit with the papers in the
case. If the hearing is continued, notice shall be re-mailed. Costs of any notice required under this
chapter shall be taxed to the applicant.
When a proposed amendment of the zoning ordinance involves a change in the zoning map
classification of more than twenty-five (25) parcels of land, or a change to the applicable zoning
ordinance text regulations that decreases the allowed dwelling unit density of any parcel of land, then,
in addition to the advertising as above required, the advertisement shall include the street address or
tax map parcel number of the parcels as well as the approximate acreage subject of the action. For
more than 100 parcels of land, the advertisement may instead include a description of the boundaries
of the area subject to the changes and a link to a map of the subject area. Written notice shall be

28

given by the Planning Commission, or its representative, at least five (5) days before the hearing to
the owner, owners, or their agent of each parcel of land involved, provided, however, that written
notice of such changes to zoning ordinance text regulations shall not have to be mailed to the owner,
owners, or their agent of lots shown on a subdivision plat approved and recorded pursuant to the
provisions of Va. Code §15.2-2240 et seq. and of Chapter 21 of this Code where such lots are less
than eleven thousand five hundred square feet (11,500 ft.2). One notice sent by first-class mail to the
last known address of such owner as shown on the current real estate tax assessment books or current
real estate tax assessment records shall be deemed adequate compliance with this requirement,
provided that a representative of the Planning Commission shall make affidavit that such mailings
have been made and file such affidavit with the papers in the case. Nothing in this subsection shall be
construed as to invalidate any subsequently adopted amendment or ordinance because of the
inadvertent failure by the representative of the Planning Commission to give written notice to the
owner, owners or their agent of any parcel involved.
In the case of a condominium or a cooperative, the written notice required under this section,
may be mailed to the unit owners’ association or proprietary lessees’ association, respectively, in lieu
of each individual unit owner.
Whenever the notices required hereby are sent by an agency, department or division of
the local governing body, or their representative, such notices may be sent by first class mail;
however, a representative of such agency, department or division shall make affidavit that such
mailings have been made and file such affidavit with the papers in the case.
A party’s actual notice of, or active participation in, the proceedings for which the written
notice provided by this section is required shall waive the right of that party to challenge the validity
of the proceeding due to failure of the party to receive the written notice required by this section.
C.
When a proposed comprehensive plan or amendment thereto; a proposed change in
zoning map classification; or an application for special exception for a change in use or to increase
by greater than fifty percent (50%) of the bulk or height of an existing or proposed building, but not
including renewals of previously approved special exceptions, involves any parcel of land located
within one-half mile of a boundary of an adjoining locality of the Commonwealth, then, in addition to
the advertising and written notification as above required, written notice shall also be given by the
Planning Commission, or its representative, at least ten (10) days before the hearing to the chief
administrative officer, or his designee, of such adjoining locality.
D.
When (i) a proposed comprehensive plan or amendment thereto, (ii), a proposed
change in zoning map classification, or (iii) an application for special exception for a change in use
involves any parcel of land located within three thousand feet (3,000’) of a boundary of a military
base, military installation, military airport, excluding armories operated by the Virginia National
Guard, or licensed public-use airport, then, in addition to the advertising and written notification as
above required, written notice shall also be given by the Planning Commission, or its representative,
at least thirty (30) days before the hearing to the commander of the military base, military installation,
military airport, or owner of such public-use airport, and the notice shall advise the military
commander or owner of such public-use airport of the opportunity to submit comments or
recommendations.

29

E.
The adoption or amendment prior to July 1, 1996, of any plan or ordinance under the
authority of prior acts shall not be declared invalid by reason of a failure to advertise or give notice
as may be required by such act or by Chapter 22 of Title 15.2 of the Virginia Code, as amended, or
this chapter of this Code, provided a public hearing was conducted by the Board of Supervisors prior
to such adoption or amendment. Every action contesting a decision of the County based on a
failure to advertise or give notice as may be required by Chapter 22 of Title 15.2 of the Virginia
Code, as amended, or this chapter, shall be filed within thirty (30) days of such decision with
the circuit court having jurisdiction of the land affected by the decision.
F.

Reserved.

G.
When a proposed comprehensive plan or amendment of an existing plan designates or
alters previously designated corridors or routes for electric transmission lines of one hundred fifty
(150) kilovolts or more, written notice shall also be given by the Planning Commission, or its
representative, at least ten (10) days before the hearing to each electric utility with a certificated
service territory that includes all or any part of such designated electric transmission corridors or
routes.
H.
When any applicant requesting a written order, requirement, decision or determination
from the zoning administrator, other administrative officer, or the Board of Zoning Appeals that is
subject to the appeal provisions contained in Va. Code §15.2-2311 or Va. Code §15.2-2314, is not the
owner or the agent of the owner of the real property subject to the written order, requirement, decision
or determination, written notice shall be given to the owner of the property within ten (10) days of the
receipt of such request. Such written notice shall be given by the zoning administrator or other
administrative officer or, at the direction of the administrator or officer, the requesting applicant shall
be required to give the owner such notice and to provide satisfactory evidence to the zoning
administrator or other administrative officer that the notice has been given. Written notice mailed to
the owner at the last known address of the owner as shown on the current real estate tax assessment
books or current real estate tax assessment records shall satisfy the notice requirements of this
subsection.
This subsection shall not apply to inquiries from the Board of Supervisors, Planning
Commission, or employees of Campbell County made in the normal course of business.
For state law authority, see Va. Code §15.2-2204. See
also Va. Code §15.2-2205, and §15.2-2285, especially
subsection C, and Va. Code §15.2-107.

Editor’s notes: See notes following §21-4.2 of this Code regarding special notice requirements
regarding imposition or increase of certain fees or levies imposed under subdivision and zoning
ordinances, inter alia; see also additional note regarding repeal and reenactment of underlying statutes
in 1997.
Sec. 22-4.2.

Reserved.

ARTICLE II. ADMINISTRATION AND ENFORCEMENT

30

Sec. 22-5.

Zoning Administrator appointed.

The Board of Supervisors of Campbell County shall appoint the Zoning Administrator of
Campbell County.
For state law authority, see Va. Code §15.2-2286 at
provision 4.
Sec. 22-6.

Duties of Zoning Administrator.

A.
Pursuant to the authority of Va. Code §15.2-2286(A)(4), the Zoning Administrator
shall have all necessary authority on behalf of the Board of Supervisors to administer and enforce
this zoning ordinance. His authority shall include:
1.
ordering in writing the remedying of any condition found in violation of the
zoning ordinance;
2.
insuring compliance with the zoning ordinance, bringing legal action,
including injunction, abatement, or other appropriate action or proceeding subject to appeal
pursuant to Va. Code §15.2-2311; and
3.
in specific cases, making findings of fact and, with concurrence of the County
Attorney, conclusions of law regarding determinations of rights accruing under Va. Code
§15.2-2307, or Va. Code §15.2-2311(C).
B.
Pursuant to the authority of Va. Code §15.2-2299, the Zoning Administrator is vested
with all necessary authority on behalf of the Board of Supervisors to administer and enforce
conditions attached to a rezoning or amendment to a zoning map, including:
1.
conditions;

the ordering in writing of the remedy of any noncompliance with the

2.
the bringing of legal action to insure compliance with the conditions, including
injunction, abatement, or other appropriate action or proceeding; and
3.
requiring a guarantee, satisfactory to the Board of Supervisors, in an amount
sufficient for and conditioned upon the construction of any physical improvements required
by the conditions, or a contract for the construction of the improvements and the contractor’s
guarantee, in like amount and so conditioned, which guarantee shall be reduced or released
by the Board of Supervisors, or agent thereof, upon the submission of satisfactory evidence
that construction of the improvements has been completed in whole or in part. Failure to meet
all conditions shall constitute cause to deny the issuance of any of the required use, occupancy,
or building permits, as may be appropriate.
C.
The Zoning Administrator is authorized, on behalf of the Board of Supervisors, to take
applications for special exceptions and variances in accordance with the provisions of Article XII
and XIII hereof, and for modifications from certain requirements of this chapter pursuant to §22-26.1

31

of this Code, to keep the official zoning map in accordance with the provisions of §22-3 hereof, and
to receive applications for zoning permits and act thereon in accordance with the provisions of Article
XIII hereof.
D.
The Zoning Administrator shall be vested with all other general powers granted zoning
administrators under the laws of the Commonwealth of Virginia, excepting those powers which must
be specifically granted by ordinance of Campbell County.
E.
The Zoning Administrator shall respond within ninety (90) days of a request for a
decision or determination on zoning matters within the scope of his authority unless the requester has
agreed to a longer period. If the decision or determination by the Zoning Administrator could impair
the ability of an adjacent property owner to satisfy the minimum storage capacity and yield
requirements for a residential drinking well pursuant to Va. Code §32.1-176.4 or any regulation
adopted thereunder, the Zoning Administrator shall provide a copy of such decision or determination
to such adjacent property owner so affected.
For state law authorizing appointment of Zoning
Administrator, see Va. Code §15.2-2286 at provision 4.
See also Va. Code §15.2-2299, §15.2-2310, and §15.22208.
Cross reference: For ordinance authorizing the Zoning Administrator to grant a modification from
certain building setback requirements, subject to certain prescribed criteria, see §22-26.1 of this Code.
For provisions regarding appeals to the Board of Zoning Appeals of any written notice of a zoning
violation or a written order of the Zoning Administrator, and specific notice requirements, see §22-28
of this Code.
Sec. 22-6.1.

Petitions or applications required to include sworn statement disclosing any
interest of member of Planning Commission or Board of Supervisors.

Any petition brought or application made under this chapter by property owners, contract
purchasers, or the agents thereof, shall be sworn to under oath before a notary public or other official
before whom oaths may be taken, stating whether or not any member of the local planning
commission or Board of Supervisors has any interest in such property, either individually, by
ownership of stock in a corporation owning such land, partnership, as the beneficiary of a trust, or the
settlor of a revocable trust or whether a member of the immediate household of any member of the
Planning Commission or Board of Supervisors has any such interest.
For state law authority, see Va. Code §15.2-2287.
Cross-reference: See §22-6.3 of this Code for ordinance requiring disclosure of real parties in interest
in real estate to be affected by pending special exception, special use permit, amendment to zoning
ordinance, or variance.
Sec. 22-6.2.

Proof of payment of delinquent county real estate taxes on subject property
required.

32

Prior to the initiation of an application by the owner of the subject property, the owner’s agent,
or any entity in which the owner holds an ownership interest greater than fifty percent (50%), for a
special exception, special use permit, variance, rezoning or other land disturbing permit, including
building permits and erosion and sediment control permits, or prior to the issuance of final approval,
the applicant shall be required to produce satisfactory evidence that any delinquent real estate taxes,
nuisance charges, stormwater management utility fees, and any other charges that constitute a lien on
the subject property owed to the County of Campbell and have been properly assessed against the
subject property have been paid, unless otherwise authorized by the Treasurer.
For state law authority, Va. Code §15.2-2286(B).
Sec. 22-6.3.

Disclosure of real parties in interest.

The Planning Commission, Board of Supervisors, or Board of Zoning Appeals may require
any applicant for a special exception, or a special use permit, amendment to the zoning ordinance, or
variance to make complete disclosure of the equitable ownership of the real estate to be affected
including, in the case of corporate ownership, the names of stockholders, officers and directors and
in any case the names and addresses of all of the real parties in interest. However, the requirement of
listing names of stockholders, officers and directors shall not apply to a corporation whose stock is
traded on a national or local stock exchange and having more than five hundred (500) shareholders.
In the case of a condominium, the requirement shall apply only to the title owner, contract purchaser,
or lessee if they own ten percent (10%) or more of the units in the condominium.
For state law authority, see Va. Code §15.2-2289.

ARTICLE III. VESTED RIGHTS AND NONCONFORMING USES
Sec. 22-7.

Vested rights not impaired.

Nothing in this chapter shall be construed to impair any vested right. Land, buildings, or
structures and the uses thereof which do not conform to the zoning requirements prescribed for the
district in which they are situated as such requirements were in effect on the effective date of this
chapter, or subsequent amendments thereto, shall be allowed to continue as nonconforming uses,
subject to the provisions of §22-7.1 and §22-8 hereof.
A landowner’s vested rights in a specific residential project shall not be affected by a
subsequent ruling or order of the local circuit court applicable to a zoning ordinance amendment when
such ruling or order affects at least twenty-five (25) individual parcels within the County unless the
significant affirmative governmental act approving the specific residential project is the direct subject
of such ruling or order.
If (i) the County has issued a building permit, the building or structure was thereafter
constructed in accordance with the building permit, and upon completion of construction, the County
issued a certificate of occupancy or a use permit therefor, (ii) a property owner, relying in good faith
on the issuance of a building permit, incurs extensive obligations or substantial expenses in diligent
pursuit of a building project that is in conformance with the building permit and the Uniform
Statewide Building Code (§ 36-97 et seq.), or (iii) the owner of the building or structure has paid

33

taxes to the County for such building or structure for a period of more than the previous 15 years,
such building or structure is not illegal or subject to removal solely due to such nonconformity. Such
building or structure shall be nonconforming. Any such building or structure must be brought in
compliance with the Uniform Statewide Building Code, provided that to do so shall not affect the
nonconforming status of such building or structure. If the County has issued a permit, other than a
building permit, that authorized construction of an improvement to real property and the improvement
was thereafter constructed in accordance with such permit, such improvements are nonconforming,
but not illegal. If the structure is one that requires no permit, and an authorized County official informs
the property owner that the structure will comply with the zoning ordinance, and the improvement
was thereafter constructed, the structure is nonconforming but not illegal or subject to removal solely
due to such nonconformity. In any proceeding when the authorized County official is deceased or is
otherwise unavailable to testify, uncorroborated testimony of the oral statement of such official shall
not be sufficient evidence to prove that the authorized County official made such statement.
For state law authority, see Va. Code §15.2-2307.
Cross reference: For provisions regarding duration of approval of final site plan and effect of
subsequent zoning ordinance amendments thereon, see §22-31(B) and §21-8.1(C) of this Code.
Sec. 22-7.1.

Factors to be considered in determining vesting of rights in a land use; definition
of “significant affirmative governmental acts.”

A.
Without limiting the time when rights might otherwise vest, a landowner’s rights shall
be deemed vested in a land use and such vesting shall not be affected by a subsequent amendment to
a zoning ordinance when the landowner:
1.
obtains or is the beneficiary of a significant affirmative governmental act
which remains in effect allowing development of a specific project; and
2.

relies in good faith on the significant affirmative governmental act; and

3.
incurs extensive obligations or substantial expenses in diligent pursuit of the
specific project in reliance on the significant affirmative governmental act.
B.
For purposes of this article and without limitation, the following are deemed to be
significant affirmative governmental acts allowing development of a specific project:
1.
the Board of Supervisors has accepted proffers and proffered conditions which
specify use related to a zoning amendment; or
2.
the Board of Supervisors has approved an application for a rezoning for a
specific use or density; or
3.
the Board of Supervisors or Board of Zoning Appeals has granted a special
exception or use permit with conditions; or
4.

the Board of Zoning Appeals has approved a variance; or

34

5.
the Board of Supervisors or its designated agent has approved a preliminary
subdivision plat, site plan or plan of development for the landowner’s property and the
applicant diligently pursues approval of the final plat or plan within a reasonable period of
time under the circumstances; or
6.
the Board of Supervisors or its designated agent has approved a final
subdivision plat, site plan or plan of development for the landowner’s property; or
7.
the Zoning Administrator has issued a written order, requirement, decision or
determination regarding the permissibility of a specific use or density of the landowner’s
property that is no longer subject to appeal and no longer subject to change, modification or
reversal under Va. Code §15.2-2311(C).
For state law authority, see Va. Code §15.2-2307.
Sec. 22-8.

Nonconforming lots of record, structures, uses of land, and uses of structures.

A.
General. This chapter recognizes the elimination of existing lots, buildings and
structures or uses that are not in conformity with the provisions of this Ordinance is as much a subject
of health, safety, and general welfare as is the prevention of the establishment of new uses that would
violate the provisions of this Ordinance. It is, therefore, the intent of this Ordinance to permit these
non-conformities to continue, but not to encourage their survival or permit their uses as grounds for
adding other structures or uses prohibited elsewhere within the same district.
Therefore, any structure or use of land existing at the time of the enactment of this Ordinance,
and any subsequent amendments thereto, but not in conformity with the regulations and provisions
herein, may be continued subject to the provisions of this section.
If a use does not conform to the zoning prescribed for the district in which such use is situated,
and if (i) a business license was issued by the County for such use and (ii) the holder of such business
license has operated continuously in the same location for at least fifteen (15) years and has paid all
local taxes related to such use, the County shall permit the holder of such business license to apply
for a rezoning or a special use permit without charge by the County or any agency affiliated with the
County for fees associated with such filing.
B.
Lots of Record. Where a lot of record at the time of enactment of the Ordinance does
not contain land of sufficient area or width to permit conformity with dimensional requirements of
this Ordinance, the following provision shall apply:
Any lot of record, in any district, at the time of enactment or amendment of this
Ordinance which is less in area, or width or both than the minimum required by this Ordinance
may be used for a permitted use in that district, provided that setback and requirements other
than those applying to area or width or both of the lot shall conform to the regulations for the
district in which such lot is located. The required area for permitted uses utilizing individual
water supply and/or sewage disposal systems shall be approved by the local Health
Department and additional area shall be required if considered necessary for conditions
encountered. Modifications pursuant to §22-26.1 of this Code or variances for setback

35

requirements shall be obtained through original application or upon appeal to either the
Zoning Administrator or to the Board of Zoning Appeals, as provided for in Article XII herein.
C.
Non-Conforming Structures. Where a lawful structure exists at the time of
enactment or amendment of this Ordinance that could not be built in the district in which it is located
by reasons of restrictions on area, lot coverage, height, yard dimensions or other requirements, such
structure may be continued as long as it remains otherwise lawful, subject to the following provisions:
1.
i.

Any structure or portion thereof declared unsafe by the Building
Inspector, or destroyed by any means, may be restored to a safe
condition, provided that the requirements of this section are met, and
the ownership remains the same as before such declaration or
destruction.

ii.

If a residential or commercial building is damaged or destroyed by a
natural disaster or other act of God, such building shall be repaired,
rebuilt or replaced to eliminate or reduce the nonconforming features
to the extent possible, without the need to obtain a variance as provided
in §22-27 of this Code. If such building is damaged greater than fifty
percent (50%) and cannot be repaired, rebuilt or replaced except to
restore it to its original nonconforming condition, the owner shall have
the right to do so. The owner shall apply for a building permit and any
work done to repair, rebuild or replace such building shall be in
compliance with the provisions of the Uniform Statewide Building
Code and any work done to repair, rebuild or replace such building
shall be in compliance with the provisions of the local flood plain
regulations adopted as a condition of participation in the National
Flood Insurance Program. Unless such building is repaired, rebuilt or
replaced within two (2) years of the date of the natural disaster or other
act of God, such building shall only be repaired, rebuilt or replaced in
accordance with the provisions of the County Zoning Ordinance.
However, if the nonconforming building is in an area under a federal
disaster declaration and the building has been damaged or destroyed as
a direct result of conditions that gave rise to the declaration, then an
additional two (2) years shall be allowed for the building to be repaired,
rebuilt or replaced as otherwise provided in this paragraph. For
purposes of this section, “act of God” shall include any natural disaster
or phenomenon including a hurricane, tornado, storm, flood, high
water, wind-driven water, tidal wave, earthquake or fire caused by
lightning or wildfire. An accidental fire shall not adversely affect the
rights of the property owner vested in the affected property. Nothing
herein shall be construed to enable the property owner to commit an
arson under Va. Code §18.2-77 and §18.2-80, and obtain vested rights
under this section.

36

iii.

Notwithstanding any provision of this Code to the contrary, an owner
of real property shall be permitted to replace an existing on-site sewage
system for any existing building in the same general location on the
property even if a new on-site sewage system would not otherwise be
permitted in that location, unless access to a public sanitary sewer is
available to the property. If access to a sanitary sewer system is
available, then the connection to such system shall be required. Any
new on-site system shall be installed in compliance with applicable
regulations of the Department of Health in effect at the time of the
installation.

2.
A non-conforming structure may be enlarged or altered as necessary, provided
such enlargements or alterations to the floor area do not exceed a cumulative fifty percent
(50%) of the floor area of the original non-conforming structure, and provided all yard
setbacks not in conformity with the ordinance are maintained so that no portion of the new
addition has a setback that is less than the original structure; and other appropriate
requirements herein are met; any structure or portion thereof may be altered to decrease its
non-conformity.
3.
Should a non-conforming structure be moved, it shall thereafter conform to
the yard dimension requirements of the district in which it is located after it is moved.
4.
i.

Nothing in this article shall be construed to prevent the land owner or
home owner from removing a valid nonconforming manufactured
home from a mobile or manufactured home park and replacing that
home with another comparable manufactured home that meets the
current HUD manufactured housing code. A land owner or home owner
may also place a manufactured home that meets the current HUD
manufactured housing code upon any open lot in a valid
nonconforming mobile or manufactured home park regardless of
whether a valid nonconforming manufactured home is currently
located on such lot. In such mobile or manufactured home park, a
single-section home may replace a single-section home and a multisection home may replace a multi-section home.

ii.

The owner of a valid nonconforming mobile or manufactured home not
located in a mobile or manufactured home park may replace that home
with a newer manufactured home, either single- or multi-section, that
meets the current HUD manufactured housing code. For the purposes
of determining whether a use has been continuous pursuant to this
section of this Code, an existing mobile or manufactured home shall be
considered a valid nonconforming mobile or manufactured home
regardless of whether such mobile or manufactured home has been
occupied during the preceding two-year period.

37

iii.

5.

Any such replacement unit shall retain the valid nonconforming status
of the prior home.

Non-conforming signs are referenced in §22-17.6.

D.
Non-Conforming Uses of Land. Where a lawful use of land exists at the time of
enactment of this ordinance or any amendment thereto that would not be permitted by the regulations
imposed herein, such use may be continued as long as it remains otherwise lawful, subject to the
following provisions:
1.
A non-conforming use may be enlarged or increased or extended to occupy a
cumulative area not exceeding fifty percent (50%) of the area that was occupied at the time of
enactment of this Ordinance or any subsequent amendment thereto.
2.
No such non-conforming use shall be moved in whole or in part to any portion
of the lot or parcel other than that occupied by such use at the time of enactment of this
Ordinance or any subsequent amendment thereto.
3.
In the event that such use ceases for any reason for a period of more than two
(2) years any subsequent use shall conform to all requirements of this ordinance for the district
in which the land is located.
4.
No additional structure not conforming to the requirements of this ordinance
shall be constructed in connection with such non-conforming use.
E.
Non-Conforming Uses of Structures. Where a lawful use of individual structure, or
of structures on premises in combination, exists at the time of enactment of this Ordinance or any
subsequent amendment thereto that would not be permitted in the district in which it is located under
the requirements of this Ordinance, such use may be continued as long as it remains otherwise lawful,
subject to the following provisions:
1.
A structure existing at the time of enactment or amendment to this Ordinance
devoted to a non-conforming use when enlarged, extended or altered shall not exceed a
cumulative fifty percent (50%) in the aggregate of the floor area of the original structure
devoted to a non-conforming use and provided all yard and other appropriate requirements
herein are met. The provision shall not apply to the changing of the use of a structure to a
conforming use.
2.
A non-conforming use of a structure may be extended to include use of fifty
percent (50%) of the structure, or any enlargement, extension or alteration thereof as provided
herein, but shall not be extended to include either additional structures or land outside the
structure.
3.
When a non-conforming use of a structure and premises in combination is
discontinued or abandoned for more than two (2) years, except when government action
impedes access thereto, the structure and premises shall not thereafter be used except in
conformity with the regulations of the district in which it is located.

38

4.
i.

Where a structure which is used in combination with its premises for a
use not in conformity with the regulations herein is destroyed by any
means, the use of the land shall be allowed to continue after
reconstruction of the structure, provided such reconstruction of the
structure adheres to the yard and other appropriate requirements of the
district in which said structure is located as approved by the Board of
Zoning Appeals, and provided the ownership of said structure remains
the same as before such destruction.

ii.

If a residential or commercial building is damaged or destroyed by a
natural disaster or other act of God, such building shall be repaired,
rebuilt or replaced to eliminate or reduce the nonconforming features
to the extent possible, without the need to obtain a variance as provided
in §22-27 of this Code. If such building cannot be repaired, rebuilt or
replaced except to restore it to its original nonconforming condition,
the owner shall have the right to do so. The owner shall apply for a
building permit and any work done to repair, rebuild or replace such
building shall be in compliance with the provisions of the Uniform
Statewide Building Code and any work done to repair, rebuild or
replace such building shall be in compliance with the provisions of the
local flood plain regulations adopted as a condition of participation in
the National Flood Insurance Program. Unless such building is
repaired or rebuilt within two (2) years of the date of the natural disaster
or replaced within two (2) years of the date of the natural disaster or
other act of God, such building shall only be repaired, rebuilt or
replaced in accordance with the provisions of the County Zoning
Ordinance. However, if the nonconforming building is in an area under
a federal disaster declaration and the building has been damaged or
destroyed as a direct result of conditions that gave rise to the
declaration, then an additional two (2) years shall be allowed for the
building to be repaired, rebuilt or replaced as otherwise provided in this
paragraph.
For state law authority, see Va. Code §15.2-2307.

ARTICLE IV. RESIDENTIAL ZONING DISTRICTS
Sec. 22-9.

Residential – Single Family Zoning District (R-SF).

LEGISLATIVE INTENT
This zoning district is intended to provide for medium to high-density single family residential
development on lands which by their soils, drainage and other natural characteristics and amenities,
their proximity to utilities, schools, parks, roadways, and their relationship to neighboring uses are
best suited to the intensity of residential development indicated. Zoning district boundaries are

39

intended to include development of the same general character and density and to exclude
development of a nature inappropriate to the character of the neighborhoods involved.
A.
Principal uses permitted. The principal uses permitted in districts zoned R-SF shall
be the following:
1.
No more than one (1) single family dwelling, including no more than one (1)
modular home, on each lot.
2.
No more than one (1) accessory dwelling unit on each lot, in addition to any
single family dwelling or modular home allowed by right.
3.

Churches built on a permanent foundation.

4.

Adult foster care or group homes.

5.

Family day homes serving no more than five children.

6.
Private noncommercial recreational areas such as country clubs, swimming
pool clubs, golf courses, boat clubs and riding clubs, but not including any shooting ranges or
traps; provided that each establishment shall have an area of two (2) acres or more.
7.
Accessory buildings and structures customarily incidental to an existing R-SF
District permitted uses.
8.

Signs, as regulated in Article IX.

9.

Rooming House.

10.
Manufactured Homes that are (i) converted to real property in accordance with
§ 46.2-653.1, (ii) constructed so that the certificate of occupancy is issued within five years
following the date of manufacture listed on the home's data plate, and (iii) placed on individual
lots.
11.

Home occupations.

12.

Temporary family health care structures.

13.
Wastewater treatment facility, fewer than ten (10) connections served (For any
person, including municipal corporations, that proposes to establish a sewage system, or an
extension of any existing system, used for conducting or treating sewage. See requirements of
§18-25 of this Code).
14.
Transmitting or receiving stations or towers for communication not more than
fifty feet (50’) in height pursuant to Va. Code §15.2-2316.3 et seq.
(Permitted Uses REQUIRING SPECIAL USE PERMIT:)

40

15.
Public utility structures and facilities, including wastewater facilities,
excluding accessory structures as identified herein 22-9(A)(5), but not including landfills or
facilities for construction, repair service, or storage of utility equipment.
16.

Governmental buildings and libraries.

17.
Uses of a temporary nature (site plan and sign requirements are exempted) that
are neither subject to the special entertainment permit issued pursuant to §3-6 et seq. of this
Code, nor otherwise exempt under applicable law.
18.

Emergency service facilities.

19.

Fairgrounds and similar facilities.

20.

Public Park or Recreation Area.

21.

Schools, public, private or parochial.

22.

Nursery schools or preschools, private or parochial.

23.

Day care and child care centers.

24.
The keeping of agricultural animals as an accessory use to an R-SF permitted
use on contiguous property under the same ownership, provided that a minimum lot size of
three (3) acres shall be required.
25.

Kennels accessory to a single family dwelling.

26.

Children’s residential facilities.

27.

Transmitting or receiving stations or towers for communication.

28.

Tourist House.

29.

Dormitory, primary use on the property.

30.

Family day homes serving six (6) to twelve (12) children.

31.
Wastewater treatment facility, ten (10) or more connections served (For any
person, including municipal corporations, that proposes to establish a sewage system, or an
extension of any existing system, used for conducting or treating sewage. See requirements of
Section 18-25).
32.

Wastewater treatment facility, accessory to permitted use.

B.
Minimum lot requirements. The minimum lot requirements in a district zoned R-SF
shall be as follows:

41

1.
Minimum lot area. The minimum lot area shall be twenty thousand square
2
feet (20,000 ft. ), except where public water and/or sewage utilities are available.

2.
lot line.

i.

Lots served by public water and sewer. Residential lots served by
both public water and public sewer systems shall be not less than
seventy-five hundred square feet (7,500 ft.2) or more in area.
Additional improvements required in subdivisions containing lots of
this size are that all streets be hard surfaced and treated in accordance
with the standards set forth by the Virginia Department of
Transportation.

ii.

Lots not served by public sewer. Residential lots not served by public
sewer systems shall not be less than twenty-one thousand seven
hundred eighty square feet (21,780 ft.2) or more in area. An additional
improvement required in subdivisions containing lots of this size is that
all streets be hard surfaced and treated in accordance with standards set
forth by the Virginia Department of Transportation.

Lot width. The minimum lot width shall be seventy-five feet (75’) at the front

3.
Yard requirements. The minimum front setback for all uses shall be
twenty-five feet (25’); rear setback twenty feet (20’); side yard ten feet (10’) for each side,
except as excluded herein. The front and exterior side setback shall be increased by ten feet
(10’) for any corner lot.
4.
Height limitations. No structure in a district zoned R-SF shall exceed
thirty-five (35) feet in height unless the height is approved in writing by the Zoning
Administrator and Building Official prior to construction.
C.
Setbacks for Accessory Buildings.
customarily incidental to use in a R-SF District shall:

Detached accessory buildings which are

1.
The minimum front setback for Accessory Buildings shall be twenty-five feet
(25’) from the front lot line. Accessory Buildings shall not extend greater than five feet (5’)
in front of the primary structure.
2.
Have rear and side lot line setbacks of not less than five feet (5’). The front
and exterior side setback shall be increased by ten feet (10’) for any corner lot.
D.
Requirements for Accessory Structures. Detached accessory structures which are
customarily incidental to use in a R-SF District:
1.
The minimum front setback for Accessory Structures shall be twenty-five feet
(25’) from the front lot line. Accessory Structures shall not extend greater than five feet (5’)
in front of the primary structure.

42

2.
Shall have rear and side lot line setbacks of not less than five feet (5’). The
front and exterior side setback shall be increased by ten feet (10’) for any corner lot.
3.
Ornamental, horticultural, identification, ingress/egress, docks and dock
houses, illumination sources, postal service and similar structures. shall not be subject to the
setback or yard requirements set forth herein.
For state law authority, see Va. Code §15.2-2291, §15.22292. See also Va. Code §15.2-2283.
For provisions applicable to the placement of amateur radio antennas, see §22-17.12(B) of this Code
and Va. Code §15.2-2293.1.
Sec. 22-9.1.

Zoning provisions for temporary family health care structures.

A.
This chapter for all purposes shall consider temporary family health care structures (i)
for use by a caregiver in providing care for a mentally or physically impaired person and (ii) on
property owned or occupied by the caregiver as his residence as a permitted accessory use in any
single-family residential zoning district on lots zoned for single-family detached dwellings. Such
structures shall not require a special use permit or be subjected to any other local requirements beyond
those imposed upon other authorized accessory structures, except as otherwise provided in this
section. Such structures shall comply with all setback requirements that apply to the primary structure
and with any maximum floor area ratio limitations that may apply to the primary structure. Only one
family health care structure shall be allowed on a lot or parcel of land.
B.
Any person proposing to install a temporary family health care structure shall first
obtain a permit from the County, for which the County may charge a fee of up to one hundred dollars
($100.00). The County may not withhold such permit if the applicant provides sufficient proof of
compliance with this section. The County may require that the applicant provide evidence of
compliance with this section on an annual basis as long as the temporary family health care structure
remains on the property. Such evidence may involve the inspection by the County of the temporary
family health care structure at reasonable times convenient to the caregiver, not limited to any annual
compliance confirmation.
C.
Any temporary family health care structure installed pursuant to this section may be
required to connect to any water, sewer, and electric utilities that are serving the primary residence
on the property and shall comply with all applicable requirements of the Virginia Department of
Health.
D.
No signage advertising or otherwise promoting the existence of the structure shall be
permitted either on the exterior of the temporary family health care structure or elsewhere on the
property.
E.
Any temporary family health care structure installed pursuant to this section shall be
removed within sixty (60) days of the date on which the temporary family health care structure was
last occupied by a mentally or physically impaired person receiving or in need of the assistance
provided for in this section.

43

F.
The Board of Supervisors, or the Zoning Administrator on its behalf, may revoke the
permit granted pursuant to subsection C if the permit holder violates any provision of this section.
Additionally, the Board of Supervisors may seek injunctive relief or other appropriate actions or
proceedings in the circuit court of Campbell County to ensure compliance with this section. The
Zoning Administrator is vested with all necessary authority on behalf of the Board of Supervisors to
ensure compliance with this section.
For state authority, see Va. Code §15.2-2292.1.
Sec. 22-10.

Residential – Multi Family Zoning District (R-MF).

LEGISLATIVE INTENT
This zoning district is intended to provide for medium to high-density residential development
of a variety of types. This development should occur on lands which by their soils, drainage and other
natural characteristics and amenities, their proximity to utilities, schools, parks, roadways, and their
relationship to neighboring uses are best suited to the intensity of residential development indicated.
Zoning district boundaries are intended to include development of the same general character and
density and to exclude development of a nature inappropriate to the character of the neighborhoods
involved.
A.
Principal uses permitted. The principal uses permitted in districts zoned R-MF shall
be the following:
1.
Any principal use permitted and as regulated in the R-SF district as long as
minimum R-SF lot area, yard setbacks, and building or structure height requirements are
utilized.
2.
Multifamily dwellings. Each single family dwelling within a multifamily
structure may include not more than one (1) attached accessory dwelling unit.
3.
Clubs, fraternities, lodges, and similar meeting places of non-profit
organizations, except those customarily conducted as gainful business.
4.
Manufactured Homes that are (i) converted to real property in accordance with
§ 46.2-653.1, (ii) constructed so that the certificate of occupancy is issued within five years
following the date of manufacture listed on the home's data plate, and (iii) placed on individual
lots.
5.

Home occupations.

6.

Time-share or similar use.

7.
Accessory buildings and structures customarily incidental to an existing R-MF
District permitted use.
8.

Rooming houses.

44

9.

Crisis Centers.

10.
Temporary family health care structures as defined and permitted under §2211.4 of this Code.
11.

Dormitories.

12.
Wastewater treatment facility, fewer than ten (10) connections served (For any
person, including municipal corporations, that proposes to establish a sewage system, or an
extension of any existing system, used for conducting or treating sewage. See requirements of
§18-25 of this Code).
(Permitted Uses REQUIRING SPECIAL USE PERMIT:)
13.

Retirement homes.

14.

Assisted living facility.

15.
chapter.

Planned unit developments, subject to the provisions of Article XI(A) of this

16.

Schools, public, private or parochial.

17.

Nursery schools or preschools, private or parochial.

18.

Day care and child care centers.

19.

Children’s residential facilities.

20.

Transmitting or receiving stations or towers for communication.

21.
Wastewater treatment facility, ten (10) or more connections served (For any
person, including municipal corporations, that proposes to establish a sewage system, or an
extension of any existing system, used for conducting or treating sewage. See requirements of
§18-25 of this Code).
22.

Wastewater treatment facility, accessory to permitted use.

23.

Tourist house.

B.
Minimum lot requirements. The minimum lot requirements in districts zoned R-MF
shall be the following:
1.
Lot area. The minimum lot area, except where public sewage and/or water
utilities are available for a single family or multi-family dwelling, or modular home, shall be
twenty thousand square feet (20,000 ft.2). Minimum lot area for each townhouse, offered for
public sale, shall be one thousand three hundred square feet (1,300 ft.2).

45

i.

Lots served by public water and sewer. Residential lots served by
both public water and public sewer systems shall be not less than
seventy-five hundred square feet (7,500 ft.2) or more in area.
Additional improvements required in subdivisions containing lots of
this size are that all streets be hard surfaced and treated in accordance
with the standards set forth by the Virginia Department of
Transportation.

ii.

Lots not served by public sewer. Residential lots not served by public
sewer systems shall not be less than twenty-one thousand seven
hundred eighty square feet (21,780 ft.2) or more in area. An additional
improvement required in subdivisions containing lots of this size is that
all streets be hard surfaced and treated in accordance with standards set
forth by the Virginia Department of Transportation.

2.
Lot Width. The minimum lot width shall be seventy-five feet (75’) at the front
lot line. The minimum lot width for each unit within a townhouse development shall be sixteen
feet (16’) for interior and twenty-six feet (26’) for end lots measured at the building location.
3.
Yard requirements. The minimum front and rear yard requirements for all
uses shall be twenty feet (20’), except for R-SF uses which shall be governed by all yard
provisions of §22-9 of this Code and except for townhouse lots. All side yards shall be a
minimum of ten feet (10’) except where such side yards are joining a street, in which case
they shall be increased by ten feet (10’).
The minimum front and rear yard requirements for a townhouse or condominium unit
fronting on a street in the secondary system of state highways or a collector street shall be
twenty feet (20’). The front yard requirement for a townhouse or condominium unit fronting
on a connector street shall not be less than ten feet (10’) and the rear yard requirement shall
be twenty feet (20’). There shall be no side yard requirements for each individual interior
townhouse unit, but each exterior townhouse unit shall have a side yard measuring at least ten
feet (10’), except where such side yards are adjoining a street, in which case they shall be
increased by ten feet (10’).
4.
Open space. Maximum total building footprint(s) of the lot shall be forty
percent (40%); minimum open space, including yard area, shall be forty-five percent (45%).
Open space requirements shall not apply for townhouse lots offered for public sale.
C.
Height Limitation. No building or structure shall be built in a district zoned R-MF
which shall exceed seventy feet (70’) in height, except that buildings served by approved fire
protection systems may be built up to one hundred feet (100’) in height if approved in writing by the
Fire Marshal and Building Official prior to construction. R-SF uses shall be governed by the
provisions of §22-9 of this Code.
D.

Reserved.

E.
Setbacks for Accessory Buildings. Detached accessory buildings which are
customarily incidental to use in an R-MF District shall:

46

1.
The minimum front setback for Accessory Buildings shall be twenty feet (20’)
from the front lot line. Accessory Buildings shall not extend greater than five feet (5’) in
front of the primary structure.
2.
Have rear and side lot line setbacks of not less than five feet (5’). The front
and exterior side setback shall be increased by ten feet (10’) for any corner lot.
F.
Requirements for Accessory Structures. Detached accessory structures which are
customarily incidental to use in a R-MF District shall:
1.
The minimum front setback for Accessory Structures shall be twenty feet (20’)
from the front lot line. Accessory Structures shall not extend greater than five feet (5’) in
front of the primary structure.
2.
Shall have rear and side lot line setbacks of not less than five feet (5’). The
front and exterior side setback shall be increased by ten feet (10’) for any corner lot.
3.
Ornamental, horticultural, identification, ingress/egress, docks and dock
houses, illumination sources, postal service and similar structures. shall not be subject to the
setback or yard requirements set forth herein.
For state law authority generally, see Va. Code §15.22283, Va. Code §15.2-2286, particularly at (A)(3) and
(A)(9).
Cross-reference: For provisions applicable to the placement of amateur radio antennas, see §2217.12(B) of this Code and Va. Code §15.2-2293.1.
Sec. 22-11.

Residential–Dense Urban Zoning District (R-DU.).

LEGISLATIVE INTENT
The purpose of this zoning district is to provide for residential use of land by one or more
units of manufactured housing. This district is intended to be applied where there is adequate
infrastructure, amenities and proximity to services for residential development appropriate to the
character of the neighborhoods involved.
A.
Principal uses permitted. The principal uses permitted in districts zoned R-DU shall
be the following:
1.

No more than one (1) single family dwelling, including no more than one (1)
modular home, on each lot.

2.
No more than one (1) accessory dwelling unit on each lot, in addition to any
single family dwelling or modular home allowed by right.
3.

Manufactured homes.

47

4.

Manufactured home parks, subject to the provisions of §22-11.01 of this Code.

5.

Home occupations.

6.
Accessory buildings and structures customarily incidental to an existing R-DU
District permitted use.
7.

Rooming House.

7.

Temporary family health care structures.

8.
Wastewater treatment facility, fewer than ten (10) connections served (For any
person, including municipal corporations, that proposes to establish a sewage system, or an
extension of any existing system, used for conducting or treating sewage. See requirements of
§18-25 of this Code).
(Permitted Uses REQUIRING SPECIAL USE PERMIT:)
9.

Day care and child care centers.

10.

Nursery schools or preschools, private or parochial.

11.

Transmitting or receiving stations or towers for communication.

12.

Tourist House.

13.
Wastewater treatment facility, ten (10) or more connections served (For any
person, including municipal corporations, that proposes to establish a sewage system, or an
extension of any existing system, used for conducting or treating sewage. See requirements of
§18-25 of this Code).
14.

Wastewater treatment facility, accessory to permitted use.

B.
Minimum lot requirements. The minimum lot requirements in districts zoned R-DU
shall be the following:
1.

Lot area. The minimum lot area shall be:
i.

Lots served by public water and sewer. Residential lots served by
both public water and public sewer systems shall be not less than three
thousand square feet (3,000 ft.2) or more in area. Additional
improvements required in subdivisions containing lots of this size are
that all streets be hard surfaced and treated in accordance with the
standards set forth by the Virginia Department of Transportation.

ii.

Lots not served by public sewer. Residential lots not served by public
water and sewer systems shall not be less than twenty-one thousand

48

seven hundred eighty square feet (21,780 ft.2) or more in area. An
additional improvement required in subdivisions containing lots of this
size is that all streets be hard surfaced and treated in accordance with
standards set forth by the Virginia Department of Transportation.
2.
Lot Width. The minimum lot width shall be seventy-five feet (75’) at the front
lot line for all lots not served by public water and sewer. For lots served by public water and
sewer the minimum lot width shall be thirty feet (30’) at the front lot line.
3.
Yard requirements. The minimum front and rear yard requirement for all
uses shall be twenty feet (20’), except for R-SF uses which shall be governed by all yard
provisions of §22-9 of this Code or lots served by both public water and sewer. For lots served
by public water and sewer the front yard requirement is reduced to ten feet (10’). All side
yards shall be a minimum of ten feet (10’) except where such lots are served by both public
water and sewer. For lots served by public water and sewer there shall a five feet (5’) side
yard requirement, which requirement may be reduced or eliminated where allowed by
building and fire code. Minimum setbacks for manufactured home parks shall be subject to
the requirements of §22-11.01 of this Code. Where manufactured home park requirements
call for a greater setback, the greater setback distance shall apply.
C.
Height limitation. No building or structure shall be built in a district zoned RDU
which shall exceed thirty-five feet (35’) in height, unless the height is approved in writing by the
Zoning Administrator and Building Official prior to construction.
D.
Recreational vehicles or recreational campers as dwellings prohibited. No
recreational vehicle or recreational camper, as those terms are defined in §22-2 of this Code, or similar
temporary habitation shall be used as a dwelling in the R-DU district.
E.
Setbacks for Accessory Buildings. Detached accessory buildings which are
customarily incidental to use in an R-DU District shall:
1.
The minimum front setback for Accessory Buildings shall be twenty feet (20’)
from the front lot line except where such lots are served by both public water and sewer where
the minimum front setback for Accessory Buildings shall be five feet (5’). Accessory
Buildings shall not extend greater than five feet (5’) in front of the primary structure.
2.
Have rear and side lot line setbacks of not less than five feet (5’). The front
and exterior side setback shall be increased by ten feet (10’) for any corner lot.
F.
Requirements for Accessory Structures. Detached accessory structures which are
customarily incidental to use in a R-DU District shall:
1.
The minimum front setback for Accessory Structures shall be twenty feet (20’)
from the front lot line except where such lots are served by both public water and sewer where
the minimum front setback for Accessory Buildings shall be five feet (5’). Accessory
Structures shall not extend greater than five feet (5’) in front of the primary structure.

49

2.
Shall have rear and side lot line setbacks of not less than five feet (5’). The
front and exterior side setback shall be increased by ten feet (10’) for any corner lot.
3.
Ornamental, horticultural, identification, ingress/egress, docks and dock
houses, illumination sources, postal service and similar structures shall not be subject to the
setback or yard requirements set forth herein.
For state law authority, see Va. Code §15.22283, Va. Code §15.2-2286, Va. Code §15.22291, §15.2-2292. See also Va. Code §15.22286.2.
Sec. 22-11.01. Manufactured home parks—Permitted use in R-DU district; site development
requirements.
Manufactured home parks, as defined in §22-2 of this Code, shall be a permitted use in a
district zoned R-DU, subject to the provisions of this section.
1.
Clearly defined manufactured home spaces shall consist of a minimum five
thousand square feet (5,000 ft.2) of ground area with each space not less than fifty feet (50’)
wide.
2.
The minimum side yard for each manufactured home shall be ten feet (10’)
and the total width of the two (2) required side yards shall be twenty-five feet (25’) or more.
The side yard setbacks may be varied provided the variance is uniform and is approved by the
Zoning Administrator, in accordance with the provisions of §22-26.1 of this Code.
3.
Each manufactured home shall have a rear yard of fifteen feet (15’) or more.
Approved accessory buildings must be located at least six feet (6’) from the line on the rear
of the manufactured home lot.
4.
For corner lots, manufactured homes shall not be located closer than fifteen
feet (15’) to a side lot line facing a side street, or fifteen feet (15’) to any exterior boundary
line provided the manufactured home park is within an approved fence. If a fence is not
provided, a setback of twenty-five feet (25’) will be required from the exterior boundary line.
5.
No manufactured home shall be located closer than thirty feet (30’) to any
service building within the park.
6.
Each manufactured home space shall be provided with at least one off-street
parking space located on the manufactured home lot. Such space shall have a minimum plan
dimension of ten feet (10’) by twenty feet (20’) . On-street parking shall be permitted only as
incidental visitor type or of a similar short term nature.
7.
All streets shall be contained within a minimum forty foot (40’) right-of-way
and be constructed and maintained with either a gravel, surface treatment, concrete or asphalt
surface, except that streets shall be constructed and maintained with either surface treatment,
concrete or asphalt surface in manufactured home parks providing eleven (11) or more

50

approved manufactured home spaces. Streets shall be at least twenty feet (20’) in width with
access to a public road. All interior streets that dead end shall be provided with cul-de-sacs
with turning radius of at least fifty feet (50’), or with “T” or “Y” turning areas. The Fire
Marshall may require additional turning area when necessary to meet applicable codes.
8.
In any manufactured home park where a public sewage system is not to be
utilized and septic tanks will be used, the lot size requirement shall comply with the area and
frontage regulations required by the local health department.
9.
Should a public sewage collection and disposal system be provided, it shall be
approved by the County and the Department of Health.
10.
When required, service buildings intended for public use and housing of
sanitation and laundry facilities or any such facilities shall be permanent structures complying
with the Uniform Statewide Building Code and National Electrical Code.
11.
Petroleum storage and related facilities shall not be allowed without a special
use permit, except that one fuel oil tank not to exceed 300-gallon capacity and commercial
propane cylinder, as recommended by the gas company, per manufactured home will be
allowed.
12.
It shall be the responsibility of the manufactured home park owner to ensure
the removal of all garbage and trash.
13.

No manufactured home shall be used for storage or as an accessory use.

14.
No recreational vehicle or recreational camper as those terms are defined in
§22-2 of this Code, or similar temporary habitation, shall be used as a dwelling within a
manufactured home park.
15.
A public water system approved by the County and the Virginia Department
of Health shall be installed unless another source of water is permitted under current
Department of Health regulations.
In addition to the above, manufactured home parks providing eleven (11) or more
approved manufactured home spaces shall meet the following requirements:
16.
Manufactured home parks shall provide and maintain defined recreational
space of at least one hundred square feet (100 ft.2) per home space as shown on the approved
site plan.
17.
Street lights shall be installed at three hundred foot (300’) intervals within the
manufactured home park.
18.
All streets shall be constructed and maintained with either surface treatment,
concrete or asphalt surface.

51

For general state authority, see Va. Code §15.2-2283
and Va. Code §15.2-2286. See also Va. Code §15.22247.
Sec. 22-11.1. Reserved.

Sec. 22-11.2. Reserved.

Sec. 22-11.3. Use of recreational vehicle or recreational camper for temporary residence
permitted while constructing primary residence in R-MF or R-DU zone;
limitations.
Notwithstanding other provisions of this Code, one recreational vehicle or recreational
camper, as defined in §22-2 of this Code, may be used as a temporary residence in an R-MF or an RDU zone, subject to the following conditions:
1.
The recreational vehicle or recreational camper shall be located on the same
lot on which the primary residence is being constructed;
2.
(6) months;

Such temporary residential use shall be allowed for a period not to exceed six

3.
The recreational vehicle or recreational camper must be operable and have a
current state inspection sticker and licenses or be marked as a rental unit from a rental agency,
insurance company or governmental entity;
4.
There shall be no delinquent personal property taxes owed on the recreational
vehicle or recreational camper;
5.
The recreational vehicle or recreational camper shall have available onboard
electrical service, plumbing, and waste management facilities;
6.
site; and

Proper building, water, and septic permits have been issued for the building

7.
The building site, whereupon the recreational vehicle or recreational camper is
temporarily situated, shall be hooked up to a permanent permitted water supply, a permanent
permitted waste disposal system, and a permitted temporary electrical power source.
Cross-reference: For similar provisions applicable to Agricultural (A-1) zone, see §22-16(G) of this
Code.

ARTICLE V. BUSINESS ZONING DISTRICTS.
Sec. 22-12.

Business-Limited Commercial Zoning District (B-LC).

52

LEGISLATIVE INTENT
The purpose of this zoning district is to provide for use of land which by its accessibility and
relationship to adjoining uses is well suited to provide for certain low-density commercial and
professional services required by the citizens of Campbell County. This district is intended to provide
a suitable transition between residential zones and other more intense commercial zoning.
A.
Principal uses permitted. The principal uses permitted in districts zoned B-LC shall
include the following:
1.

Professional offices.

2.

Child care centers.

3.

Adult day centers.

4.
Clubs, fraternities, lodges, and similar meeting places or offices of non-profit
organizations, except those customarily conducted as a gainful business.
5.

Barber shops and beauty shops.

6.

Rooming and tourist houses.

7.

Churches built on a permanent foundation.

8.

Cemeteries.

9.

Financial institutions.

10.

Governmental buildings and libraries.

11.

Museums and art galleries.

12.
One residential dwelling unit within the main structure incidental to a
permitted B-LC district use.
13.
Accessory buildings and structures customarily incidental to an existing
permitted B-LC district use, but not including residential uses.
14.

Signs, as regulated in Article IX of this chapter.

15.
Wastewater treatment facility, fewer than ten (10) connections served (For any
person, including municipal corporations, that proposes to establish a sewage system, or an
extension of any existing system, used for conducting or treating sewage. See requirements of
§18-25 of this Code).
16.

Community centers and similar places of non-profit organizations.

53

17.

Pet cemeteries.

18.
Transmitting or receiving stations or towers for communication not more than
fifty feet (50’) in height pursuant to Va. Code §15.2-2316.3 et seq.
(Permitted uses REQUIRING SPECIAL USE PERMIT:)
19.

Emergency service facilities.

20.
Veterinarian hospitals, clinics, and kennels incidental to a veterinary hospital
or veterinary clinic.
21.

Off premises parking lots incidental to governmental buildings and libraries.

22.

Public parks and recreational facilities.

23.
Clubs, fraternities, lodges, and similar meeting places or offices of non-profit
organizations not otherwise permitted by right.
24.

Any individual retail or service establishment not otherwise permitted by right.

25.
A building or structure serving a permitted B-LC district use, but exceeding
the maximum height or building size established for a B-LC district.
26.
Wastewater treatment facility, ten (10) or more connections served (For any
person, including municipal corporations, that proposes to establish a sewage system, or an
extension of any existing system, used for conducting or treating sewage. See requirements of
§18-25 of this Code).
27.

Wastewater treatment facility, accessory to permitted use.

28.
Recreational substances retail, off-site use, located greater than three (3) miles
from the property line of any child day care center or public, private, or parochial school.
B.
Minimum lot requirements. The minimum lot requirements for buildings and
structures in districts zoned B-LC shall be the following:
1.
Lot area. The minimum lot area shall be seven thousand five hundred square
feet (7,500 ft.2).
i.

Lots served by public water and sewer. Lots served by both public
water and public sewer systems shall be not less than seventy-five
hundred square feet (7,500 ft.2) or more in area. Additional
improvements required in subdivisions containing lots of this size are
that all streets be hard surfaced and treated in accordance with the
standards set forth by the Virginia Department of Transportation.

54

ii.

Lots not served by public sewer. Lots not served by a public sewer
system shall not be less than twenty-one thousand seven hundred eighty
square feet (21,780 ft.2) or more in area. An additional improvement
required in subdivisions containing lots of this size is that all streets be
hard surfaced and treated in accordance with standards set forth by the
Virginia Department of Transportation.

2.
Lot width. The minimum lot width shall be seventy-five feet (75’) at the front
lot line, but subject to the requirements of §21-13 of this Code.
3.

Reserved.

4.
Yard requirements. The minimum front setback shall be ten feet (10’).
Within any Business District or Industrial District, individual buildings or structures may be
attached on the side lot line and/or at the rear lot line, but shall be set back at least ten feet
(10’) from any street. However, where a B-LC district adjoins a Residential district or an
Agricultural district without an intervening street, the adjacent side yard setback and rear
setback for the B-LC use shall be ten feet (10’).
5.
Height limitation. No building or structure shall be built in a district zoned
B-LC that exceeds thirty-five feet (35’) in height, unless the height is approved in writing by
the Zoning Administrator and Building Official prior to construction.
6.
Maximum building size. No building or structure shall be built in a district
zoned B-LC that exceeds ten thousand square feet (10,000 ft.2) of gross floor area per lot.
C.
Setbacks for Accessory Buildings. Detached accessory buildings which are
customarily incidental to use in a B-LC district shall comply with the setback lines of the district.
D.
Requirements for Accessory Structures. Detached accessory structures which are
customarily incidental to use in a B-LC district shall comply with the setback lines of the district,
excluding ornamental, horticultural, identification, ingress/egress, illumination sources, postal service
and similar structures which shall not be subject to setback or yard requirement set forth herein.
E.
Landscaping Requirements. New construction, including additions to existing
buildings, structures, or other facilities in a B-LC District shall also include suitable landscaping.
The area to be landscaped shall be not less than five percent (5%) of the square footage of the parking
lot as determined by the Zoning Administrator. The area to be landscaped shall be clearly marked on
the site plan, and shall include a detailed list of the materials to be used, plant species and height or
size at time of planting. The Zoning Administrator shall approve or deny the landscaping plan as a
part of the site plan review. The landowner and business owner may both be held responsible for
ensuring the proper installation and maintenance of approved landscaping material.
F.
Buffering and Screening Requirements. Where a lot in a B-LC district adjoins a
Residential district or an Agricultural district, the buildings, structures, and parking lots on such lot
shall be screened along the boundary line(s) with the Residential and/or Agricultural districts.
Buffering and screening may be accomplished by any device or natural growth, or a combination
thereof, which shall serve as a barrier to vision or noise between adjoining properties. Locations of

55

buffering and screening measures shall be clearly marked on the site plan, and an attached description
shall include a detailed list of the materials to be used, plant species and height or size at time of
planting. Such buffering and screening shall be designed and executed in a manner suited to the
particular site, as determined by the Zoning Administrator. The Zoning Administrator shall approve
or deny the buffering/screening plan as a part of the site plan review. The landowner and business
owner may both be held responsible for ensuring the proper installation and maintenance of approved
buffering and screening devices/measures so as to provide permanent buffering/screening from
adjacent properties in Residential or Agricultural districts.
G.
Sidewalk Requirements. New construction, including additions to existing
buildings, structures, or other facilities in a B-LC District shall also include the installation of
sidewalks, constructed to VDOT standards, along the public right-of-way abutting the lot(s).
Proposed sidewalks shall be clearly marked on the site plan, such plan being approved by VDOT and
Campbell County as evidenced by the appropriate signatures. The Zoning Administrator may waive
this requirement after consultation with VDOT, for areas where sidewalks do not presently exist, and
are not likely to be constructed.
H.
Prohibition of outside storage or display. No outside storage or display of materials,
equipment, or products shall be permitted on any lot within a B-LC district, whether or not such items
are offered for sale.
For state law authority generally, see Va. Code §15.22283. See also Va. Code §15.2-1200.
Sec. 22-12.1. Business-General Commercial Zoning District (B-GC).
LEGISLATIVE INTENT
The purpose of this zoning district is to provide for general commercial services required by
the citizens of Campbell County. This zoning district is characterized by accessibility, availability of
infrastructure, a location relevant to defined market areas, and general compatibility with adjoining
uses.
A.
Principal uses permitted: The principal uses permitted in districts zoned B-GC shall
include the following:
1.
Any principal use permitted by right in the Business-Limited Commercial
District (B-LC).
2.

Restaurants.

3.

Funeral homes.

4.
Civic and cultural centers, historic exhibits, parks and recreational facilities,
indoor theaters.
5.
Bowling, skating, billiards and similar indoor recreational establishments; but
not within one hundred feet (100’) of any Residential District, except that such establishment

56

shall be exempt from the one hundred foot (100’) setback if conducted wholly within a
completely enclosed, air-conditioned and soundproofed building, and subject to such
conditions as may be determined by the Zoning Administrator and other appropriate public
officials as to location of entrances, parking, lighting and other details in the hours of
operation, in order to protect the welfare of the inhabitants of the adjacent district.
6.
Dancing establishments when conducted wholly within a completely enclosed,
air-conditioned and soundproofed building, and not located within two hundred feet (200’) of
any Residential District.
7.

Automobile service stations.

8.

Automobile and equipment sales, service and repair establishments.

9.

Building material establishments with outside storage under cover.

10.

Hospitals.

11.

Car washes, automatic, self-service, or full-service manned car washes.

12.

Dry cleaners.

13.

Hotels and motels.

14.
Accessory buildings and structures customarily incidental to permitted B-GC
district uses; including public utility structures not otherwise prohibited or requiring a special
use permit.
15.

Emergency service facilities.

16.
Veterinarian hospitals, clinics and kennels incidental to a veterinary hospital
or veterinary clinic.
17.

Off premises parking lots incidental to governmental buildings, and libraries.

18.
Clubs, fraternities, lodges, and similar meeting places or offices of non-profit
organizations not otherwise permitted by right.
19.

Wholesale business establishments with or without retail sales.

20.
Contractors’ grading, excavating or clearing equipment sales, repair or rental
establishment.
21.
General retail sales establishments not otherwise listed, to include general
convenience stores.
22.

Service establishments catering to the general public and not otherwise listed.

57

23.
Blacksmith shop, welding or machine shop, and metal fabrication in a building
the total area of which is less than five thousand square feet (5,000 ft.2).
24.

Self-storage or mini-storage facilities.

25.

Assisted living facility.

26.

Cabinet or woodworking shops.

27.

Antique shops.

28.

Dormitory, incidental to a permitted use on the same property.

29.

Pet services.

30.

Flea market or swap meet.

31.
Wastewater treatment facility, fewer than ten (10) connections served (For any
person, including municipal corporations, that proposes to establish a sewage system, or an
extension of any existing system, used for conducting or treating sewage. See requirements of
§18-25 of this Code).
32.
Bulk storage and sale of mulch, gravel, rock, sand, soil, and other similar
landscaping materials.
33.

Contractor’s Equipment Storage Yards.

(Permitted uses REQUIRING SPECIAL USE PERMIT:)
34.

Shopping Centers as provided in §22-13 herein.

35.

Airports, heliports and private landing areas.

36.

Outdoor theaters.

37.
Public utility structures and facilities, excluding accessory structures as
identified herein, but not including landfills, facilities for construction, repair service or
storage of utility equipment.
38.

Public transportation facilities.

39.

Fairgrounds and similar facilities.

40.

Transmitting or receiving stations or towers for communication.

41.
A building or structure serving a permitted B-GC district use, but exceeding
the maximum height established for a B-GC district.

58

42.

Schools, public, private, or parochial.

43.

Off premises parking lots incidental to schools.

44.
Recreation, amusement, and entertainment enterprises, outside a building, for
profit, and not otherwise listed.
45.

Laboratories.

46.

Dormitory, primary use on the property.

47.
Wastewater treatment facility, ten (10) or more connections served (For any
person, including municipal corporations, that proposes to establish a sewage system, or an
extension of any existing system, used for conducting or treating sewage. See requirements of
§18-25 of this Code).
48.

Wastewater treatment facility, accessory to permitted use.

49.

Recreation resorts, campgrounds and similar uses subject to the following:

50.

i.

Each recreation resort use shall occupy a site not less than five acres.

ii.

No less than ten (10) percent of the gross site area shall be devoted to
recreational area, child play areas, swimming pools, etc.

iii.

Camping area shall contain no less than two thousand square feet
(2,000 ft.2) per camping unit and the maximum density of campsites or
camping units shall not exceed fifteen (15) per gross acre.

iv.

Any camping area or camping unit shall be occupied by the day or week
only and shall not be utilized as a permanent, year-round residence.

v.

All other uses customarily incidental to the operation of a resort
camping area shall be permitted provided such facilities are intended
primarily for the use and service of those people staying at the
campground.

vi.

The Zoning Administrator shall insure compliance with these
requirements prior to issuance of a Zoning Permit as described in
§22-31 of this Code.

Mixed Use residential structures.

51.
Recreational substances retail, off-site use, located greater than three (3) miles
from the property line of any child day care center or public, private, or parochial school.
52.

Abortion facility.

59

B.
Minimum lot requirements. The minimum lot requirements for buildings and
structures in districts zoned B-GC shall be the following:
1.
Lot area. The minimum lot area shall be seven thousand five hundred square
feet (7,500 ft.2).
i.

Lots served by public water and sewer. Lots served by both public
water and public sewer systems shall be not less than seventy-five
hundred square feet (7,500 ft.2) or more in area. Additional
improvements required in subdivisions containing lots of this size are
that all streets be hard surfaced and treated in accordance with the
standards set forth by the Virginia Department of Transportation.

ii.

Lots not served by public sewer. Lots not served by a public sewer
system shall not be less than twenty-one thousand seven hundred eighty
square feet (21,780 ft.2) or more in area. An additional improvement
required in subdivisions containing lots of this size is that all streets be
hard surfaced and treated in accordance with standards set forth by the
Virginia Department of Transportation.

2.
Lot width. The minimum lot width shall be seventy-five feet (75’) at the front
lot line, but subject to the requirements of §21-13 of this Code.
3.

Reserved.

4.
Yard requirements. The minimum front setback shall be ten feet (10’).
Within any Business District or Industrial District, individual buildings or structures may be
attached on the side lot line and/or at the rear lot line, but shall be set back at least ten feet
(10’) from any street. However, where a B-GC district adjoins a Residential district or an
Agricultural district without an intervening street, the adjacent side yard setback and rear
setback for the B-GC use shall be ten feet (10’).
5.
Height limitation. No building or structure shall be built in a district zoned
B-GC that exceeds seventy feet (70’) in height except that buildings served by approved fire
protection systems may be built up to one hundred feet (100’) in height if approved in writing
by the Fire Marshal and Building Official prior to construction.
C.
Setbacks for Accessory Buildings. Detached accessory buildings which are
customarily incidental to use in a B-GC district shall comply with the setback lines of the district.
D.
Requirements for Accessory Structures. Detached accessory structures which are
customarily incidental to use in a B-GC district shall comply with the setback lines of the district,
excluding ornamental, horticultural, identification, ingress/egress, illumination sources, postal service
and similar structures which shall not be subject to setback or yard requirement set forth herein.
E.
Landscaping Requirements. New construction, including additions to existing
buildings, structures, or other facilities in a B-GC District shall also include suitable landscaping.
The area to be landscaped shall be not less than five percent (5%) of the square footage of the parking

60

lot as determined by the Zoning Administrator. The area to be landscaped shall be clearly marked on
the site plan, and shall include a detailed list of the materials to be used, plant species and height or
size at time of planting. The Zoning Administrator shall approve or deny the landscaping plan as a
part of the site plan review. The landowner and business owner may both be held responsible for
ensuring the proper installation and maintenance of approved landscaping material.
F.
Buffering and Screening Requirements. Where a lot in a B-GC district adjoins a
Residential district or an Agricultural district, the buildings, structures, and parking lots on such lot
shall be screened along the boundary line(s) with the Residential and/or Agricultural districts.
Buffering and screening may be accomplished by any device or natural growth, or a combination
thereof, which shall serve as a barrier to vision or noise between adjoining properties. Locations of
buffering and screening measures shall be clearly marked on the site plan, and an attached description
shall include a detailed list of the materials to be used, plant species and height or size at time of
planting. Such buffering and screening shall be designed and executed in a manner suited to the
particular site, as determined by the Zoning Administrator. The Zoning Administrator shall approve
or deny the buffering/screening plan as a part of the site plan review. The landowner and business
owner may both be held responsible for ensuring the proper installation and maintenance of approved
buffering and screening devices/measures so as to provide permanent buffering/screening from
adjacent properties in Residential or Agricultural districts.
G.
Sidewalk Requirements. New construction, including additions to existing
buildings, structures, or other facilities in a B-GC District shall also include the installation of
sidewalks, constructed to VDOT standards, along the public right-of-way abutting the lot(s).
Proposed sidewalks shall be clearly marked on the site plan, such plan being approved by VDOT and
Campbell County as evidenced by the appropriate signatures. The Zoning Administrator may waive
this requirement after consultation with VDOT, for areas where sidewalks do not presently exist, and
are not likely to be constructed.
For state law authority generally, see Va. Code §15.22283. See also Va. Code §15.2-1200.
Cross-reference: For standards applicable to telecommunication antennas and towers, see §22-17.10
et seq. of this Code.
Sec. 22-12.2. Business-Heavy Commercial Zoning District (B-HC).
LEGISLATIVE INTENT
The purpose of this zoning district is to provide for use of land which by its accessibility,
available infrastructure and relationship to adjoining uses is well suited to provide for certain heavy
commercial services required by the citizens of Campbell County. This district is intended to provide
a suitable transition between general commercial zones and other more intense industrial zoning.
A.
Principal uses permitted: The principal uses permitted in districts zoned B-HC shall
include the following:
1.
Any principal use permitted by right in the Business-Limited Commercial
District (B-LC) or Business-General Commercial District (B-GC).

61

2.
Automobile and truck painting, upholstering, rebuilding, body and fender work
if done within enclosed buildings or otherwise screened from view from surrounding
properties and public rights-of-way.
3.

Blacksmith shop, welding or machine shop, and metal fabrication.

4.

Laboratories.

5.

Storage warehouse.

6.

Public transportation facility.

7.
Accessory buildings and structures customarily incidental to permitted uses;
including public utility structures not otherwise prohibited or requiring a special use
permit.
8.
Transmitting or receiving stations or towers for communication if using a
monopole design, not exceeding one hundred ninety-nine feet (199’) in height and only one
tower per parcel of land. All other requirements of §22-17.10 et seq. of this Code shall apply.
9.

Pallet assembly operations.

10.

Contractor’s Equipment Storage Yards.

(Permitted uses REQUIRING SPECIAL USE PERMIT:)
11.

Airports, heliports and private landing areas.

12.

Shopping centers, as provided in §22-13 of this Code.

13.

Schools, public, private, or parochial.

14.

Off-premises parking lots incidental to schools.

15.

School support facilities.

16.
Automobile graveyard or junkyard, if screened from view as required by §1548 et seq. of this Code.
17.

Livestock sales and/or auction markets.

18.
Transmitting or receiving stations or towers for communication exceeding one
hundred ninety-nine feet (199’) in height.
19.
Shooting ranges or sport shooting ranges, whether operated indoors or
outdoors, provided (1) the applicant satisfactorily demonstrates that proper design and
supervision are present to ensure public safety, (2) that the range shall not operate or be used

62

between the hours of 10:00 p.m. to 6:00 a.m., and (3) that the operation and use of the range
shall be in compliance with all ordinances relating to noise control in effect at the time the
construction or operation of the range initially was approved, or at the time any application
was submitted for the construction or operation of the range, whichever is earliest.
20.
Uses of a temporary nature (site plan and sign requirements are exempted) that
are neither subject to the special entertainment permit issued pursuant to §3-6 et seq. of this
Code, nor otherwise exempt under applicable law.
21.
Solid waste collection drop-off sites if open to the public for typical household
refuse, but excluding permanent disposal or processing of the waste on site.
22.

Towing and recovery of automobiles.

23.

Salvage dealers.

24.

Salvage pools.

25.

Vehicle removal operators.

23.
Wastewater treatment facility, ten (10) or more connections served (For any
person, including municipal corporations, that proposes to establish a sewage system, or an
extension of any existing system, used for conducting or treating sewage. See requirements of
§18-25 of this Code).
24.

Wastewater treatment facility, accessory to permitted use.

25.

Water Treatment Plant, publicly owned.

26.

Solar energy facilities.

27.
Recreational substances retail, off-site use, located greater than three (3) miles
from the property line of any child day care center or public, private, or parochial school.
28.
Any use permitted by special use permit in any Business (B) district if not
otherwise permitted by right.
B.
Minimum lot requirements. The minimum lot requirements for buildings and
structures in districts zoned B-HC shall be the following:
1.
Lot area. The minimum lot area shall be seven thousand five hundred square
2
feet (7,500 ft. ).
i.

Lots served by public water and sewer. Lots served by both public
water and public sewer systems shall be not less than seventy-five
hundred square feet (7,500 ft.2) or more in area. Additional
improvements required in subdivisions containing lots of this size are

63

that all streets be hard surfaced and treated in accordance with the
standards set forth by the Virginia Department of Transportation.
ii.

Lots served by public water or public sewer. Lots served by either
a public water system or a public sewer system shall not be less than
fifteen thousand square feet (15,000 ft.2) or more in area. An additional
improvement required in subdivisions containing lots of this size is that
all streets be hard surfaced and treated in accordance with standards set
forth by the Virginia Department of Transportation.

iii.

Lots served by neither public water nor public sewer. Lots served
by neither public water nor public sewer systems shall be not less than
twenty thousand square feet (20,000 ft.2) or more in area. An additional
improvement in subdivisions containing lots of this size is that all
streets be hard surfaced and treated in accordance with the standards
set forth by the Virginia Department of Transportation.

2.
Lot width. The minimum lot width shall be seventy-five feet (75’) at the front
lot line, but subject to the requirements of §21-13 of this Code.
3.
Yard requirements. The minimum front setback shall be ten feet (10’).
Within any Business District or Industrial District, individual buildings or structures may be
attached on the side lot line and/or at the rear lot line, but shall be set back at least ten feet
(10’) from any street. However, where a B-HC district adjoins a Residential district or an
Agricultural district without an intervening street, the adjacent side yard setback for the B-HC
use shall be ten feet (10’), and the adjacent rear yard setback for the B-HC use shall be
twenty-five feet (25’).
4.
Height limitation. There is no maximum height limitation in this district,
except where airport district height limitations may apply.
C.
Setbacks for Accessory Buildings. Detached accessory buildings which are
customarily incidental to use in a B-HC district shall comply with the setback lines of the district.
D.
Requirements for Accessory Structures. Detached accessory structures which are
customarily incidental to use in a B-HC district shall comply with the setback lines of the district,
excluding ornamental, horticultural, identification, ingress/egress, illumination sources, postal service
and similar structures which shall not be subject to setback or yard requirement set forth herein.
E.
Landscaping Requirements. New construction, including additions to existing
buildings, structures, or other facilities in a B-HC District shall also include suitable landscaping.
The area to be landscaped shall be not less than five percent (5%) of the square footage of the parking
lot as determined by the Zoning Administrator. The area to be landscaped shall be clearly marked on
the site plan, and shall include a detailed list of the materials to be used, plant species and height or
size at time of planting. The Zoning Administrator shall approve or deny the landscaping plan as a
part of the site plan review. The landowner and business owner may both be held responsible for
ensuring the proper installation and maintenance of approved landscaping material.

64

F.
Buffering and Screening Requirements. Where a lot in a B-HC district adjoins a
Residential district or an Agricultural district, the buildings, structures, and parking lots on such lot
shall be screened along the boundary line(s) with the Residential and/or Agricultural districts.
Buffering and screening may be accomplished by any device or natural growth, or a combination
thereof, which shall serve as a barrier to vision or noise between adjoining properties. Locations of
buffering and screening measures shall be clearly marked on the site plan, and an attached description
shall include a detailed list of the materials to be used, plant species and height or size at time of
planting. Such buffering and screening shall be designed and executed in a manner suited to the
particular site, as determined by the Zoning Administrator. The Zoning Administrator shall approve
or deny the buffering/screening plan as a part of the site plan review. The landowner and business
owner may both be held responsible for ensuring the proper installation and maintenance of approved
buffering and screening devices/measures so as to provide permanent buffering/screening from
adjacent properties in Residential or Agricultural districts.
G.
Sidewalk Requirements. New construction, including additions to existing
buildings, structures, or other facilities in a B-HC District shall also include the installation of
sidewalks, constructed to VDOT standards, along the public right-of-way abutting the lot(s).
Proposed sidewalks shall be clearly marked on the site plan, such plan being approved by VDOT and
Campbell County as evidenced by the appropriate signatures. The Zoning Administrator may waive
this requirement after consultation with VDOT, for areas where sidewalks do not presently exist, and
are not likely to be constructed.
For state law authority generally, see Va. Code §15.22283. See also Va. Code §15.2-1200, §15.2-917.
Sec. 22-12.3. Community Mixed-Use District (CMU).
LEGISLATIVE INTENT
The purpose of this district is to increase available housing options while creating an enhanced
pedestrian environment in which residential, commercial, cultural, institutional, or entertainment uses
are physically and functionally integrated. Uses may be mixed horizontally (on adjacent lots),
vertically (within the same building), or both. The CMU zoning district is distinguished from a
Planned Unit Development (PUD) in that this zoning district does not require the master site plan,
terms and conditions, and other documentation required for a special use permit for a PUD. Allowed
uses in the CMU zoning district include single-family dwellings, townhouses and multifamily
dwellings; commercial and office uses; and cultural or educational facilities.
A.
Principal uses permitted: The principal uses permitted in districts zoned CMU shall
include the following:
1.
Any principal use permitted by right in the Residential – Multi Family (R-MF)
or Business-Limited Commercial District (B-LC).
2.

Restaurants.

3.

Funeral homes.

65

4.
Civic and cultural centers, historic exhibits, parks and recreational facilities,
indoor theaters.
5.
Bowling, skating, billiards and similar indoor recreational establishments; but
not within one hundred feet (100’) of any Residential District, except that such establishment
shall be exempt from the one hundred foot (100’) setback if conducted wholly within a
completely enclosed, air-conditioned and soundproofed building, and subject to such
conditions as may be determined by the Zoning Administrator and other appropriate public
officials as to location of entrances, parking, lighting and other details in the hours of
operation, in order to protect the welfare of the inhabitants of the adjacent district.
6.
Dancing establishments when conducted wholly within a completely enclosed,
air-conditioned and soundproofed building, and not located within two hundred feet (200’) of
any Residential District.
7.

Automobile service stations.

8.

Car washes, automatic, self-service, or full-service manned car washes.

9.

Dry cleaners.

10.

Hotels and motels.

11.
Accessory buildings and structures customarily incidental to permitted B-GC
district uses; including public utility structures not otherwise prohibited or requiring a special
use permit.
12.

Emergency service facilities.

13.

Off premises parking lots incidental to government buildings, and libraries.

14.
Clubs, fraternities, lodges, and similar meeting places or offices of non-profit
organization not otherwise permitted by right.
15.
General retail sales establishments not otherwise listed, including general
convenience stores.
16.

Service establishments catering to the general public and not otherwise listed.

17.

Assisted living facility.

18.

Antique shops.

19.

Pet services.

20.
Wastewater treatment facility, fewer than ten (10) connections served (For any
person, including municipal corporations, that proposes to establish a sewage system, or an

66

extension of any existing system, used for conducting or treating sewage. See requirements of
§18-25 of this Code).
(Permitted uses REQUIRING SPECIAL USE PERMIT:)
21.

Schools, public, private or parochial.

22.

Children’s residential facilities.

23.

Outdoor theaters.

24.
Public utility structures and facilities, excluding accessory structures as
identified herein, but not including landfills, facilities for construction, repair service or
storage of utility equipment.
25.

Public transportation facilities.

26.

Transmitting or receiving stations or towers for communication.

27.
A building or structure serving a permitted CMU district use, but exceeding
the maximum height established for a CMU district.
28.

Off premises parking lots incidental to schools.

29.
Recreation, amusement, and entertainment enterprises, outside a building, for
profit, and not otherwise listed.
30.

Laboratories.

29.
Wastewater treatment facility, ten (10) or more connections served (For any
person, including municipal corporations, that proposes to establish a sewage system, or an
extension of any existing system, used for conducting or treating sewage. See requirements of
§18-25 of this Code).
Wastewater treatment facility, accessory to permitted use.
B.
Minimum district size. The minimum acreage required to create a new CMU district
shall be five (5) acres of contiguous land or land which is adjacent to an existing CMU district.
C.
Minimum amount of mixed-use development. No development of any parcel in the
CMU district will be approved unless a minimum of twenty percent (20%) of the development
consists of residential uses and a minimum of twenty percent (20%) consists of nonresidential uses.
For the purposes of this provision, percentages will be measured including the planned development
and existing development within the district, based on the floor area of the use.
D.
Minimum lot requirements. The minimum lot requirements for buildings and
structures in districts zoned CMU shall be the following:

67

1.
Lot area. The minimum lot area shall be seven thousand five hundred square
2
feet (7,500 ft. ). Minimum lot area for each townhouse, offered for public sale, shall be one
thousand three hundred square feet (1,300 ft.2).
i.

Lots served by public water and sewer. Lots served by both public
water and public sewer systems shall be not less than seventy-five
hundred square feet (7,500 ft.2) or more in area. Additional
improvements required in subdivisions containing lots of this size are
that all streets be hard surfaced and treated in accordance with the
standards set forth by the Virginia Department of Transportation.

ii.

Lots served by public water or public sewer. Lots served by either
a public water system or a public sewer system shall not be less than
fifteen thousand square feet (15,000 ft.2) or more in area. An additional
improvement required in subdivisions containing lots of this size is that
all streets be hard surfaced and treated in accordance with standards set
forth by the Virginia Department of Transportation.

iii.

Lots served by neither public water nor public sewer. Lots served
by neither public water nor public sewer systems shall be not less than
twenty thousand square feet (20,000 ft.2) or more in area. An additional
improvement in subdivisions containing lots of this size is that all
streets be hard surfaced and treated in accordance with the standards
set forth by the Virginia Department of Transportation.

2.
Lot width. The minimum lot width shall be seventy-five feet (75’) at the front
lot line, but subject to the requirements of §21-13 of this Code. The minimum lot width for
each unit within a townhouse development shall be sixteen feet (16’) for interior and twentysix feet (26’) for end lots measured at the building location.
3.
Yard requirements. The minimum front setback shall be ten feet (10’) except
for R-SF uses which shall be governed by all yard provisions of §22-9 of this Code. Within
the CMU district, individual buildings or structures may be attached on the side lot line and/or
at the rear lot line, but shall be set back at least ten feet (10’) from any street. However, where
a CMU district adjoins a Residential district or an Agricultural district without an intervening
street, the adjacent side setback for the CMU use shall be ten feet (10’) and the adjacent rear
setback for the CMU use shall be twenty feet (20’).
4.
Height limitation. No building or structure shall be built in a district zoned
CMU that exceeds seventy feet (70’) in height except that buildings served by approved fire
protection systems may be built up to one hundred feet (100’) in height if approved in writing
by the Fire Marshal and Building Official prior to construction. R-SF uses shall be governed
by the provisions of §22-9 of this Code.
5.
Open space. Minimum open space, including yard area, shall be fifteen
percent (15%). Open space requirements shall not apply for townhouse lots offered for public
sale.

68

E.
Setbacks for Accessory Buildings. Detached accessory buildings which are
customarily incidental to a use in a CMU district shall comply with the setback lines of the district.
F.
Requirements for Accessory Structures. Detached accessory structures which are
customarily incidental to a use in a CMU district shall comply with the setback lines of the district,
excluding ornamental, horticultural, identification, ingress/egress, illumination sources, postal service
and similar structures which shall not be subject to setback or yard requirement set forth herein.
G.
Landscaping Requirements. New construction, including additions to existing
buildings, structures, or other facilities in a CMU District shall also include suitable landscaping.
The area to be landscaped shall be not less than five percent (5%) of the square footage of the parking
lot as determined by the Zoning Administrator. The area to be landscaped shall be clearly marked on
the site plan, and shall include a detailed list of the materials to be used, plant species and height or
size at time of planting. The Zoning Administrator shall approve or deny the landscaping plan as a
part of the site plan review. The landowner and business owner may both be held responsible for
ensuring the proper installation and maintenance of approved landscaping material.
H.
Buffering and Screening Requirements. Where a lot in a CMU district adjoins a
Residential district or an Agricultural district, the buildings, structures, and parking lots on such lot
shall be screened along the boundary line(s) with the Residential and/or Agricultural districts.
Buffering and screening may be accomplished by any device or natural growth, or a combination
thereof, which shall serve as a barrier to vision or noise between adjoining properties. Locations of
buffering and screening measures shall be clearly marked on the site plan, and an attached description
shall include a detailed list of the materials to be used, plant species and height or size at time of
planting. Such buffering and screening shall be designed and executed in a manner suited to the
particular site, as determined by the Zoning Administrator. The Zoning Administrator shall approve
or deny the buffering/screening plan as a part of the site plan review. The landowner and business
owner may both be held responsible for ensuring the proper installation and maintenance of approved
buffering and screening devices/measures so as to provide permanent buffering/screening from
adjacent properties in Residential or Agricultural districts.
I.
Sidewalk Requirements. New construction, including additions to existing
buildings, structures, or other facilities in a CMU District shall also include the installation of
sidewalks, constructed to VDOT standards, along the public right-of-way abutting the lot(s).
Proposed sidewalks shall be clearly marked on the site plan, such plan being approved by VDOT and
Campbell County as evidenced by the appropriate signatures. The Zoning Administrator may waive
this requirement after consultation with VDOT, for areas where sidewalks do not presently exist, and
are not likely to be constructed.
J.
Streets. Requirements in §21-26 of this Code shall be met for the subdivision of any
land in a CMU district. Streets serving R-SF uses are required to be constructed to VDOT standards
and accepted into the secondary system of state highways.
For state law authority generally, see Va. Code §15.22283. See also Va. Code §15.2-1200, §15.2-917.
Sec. 22-13. Shopping Centers Special Use Permits.

69

A.

Reserved.

B.
Shopping Center Plans. An applicant for a shopping center special use permit shall
submit to the Planning Commission for review and approval a layout plan of development for the
shopping center which is in keeping with modern planning principles, is of coordinated and
harmonious design and will produce an attractive and efficient shopping center, which is convenient,
pleasant and safe to use, and which will fit harmoniously into, and will have no adverse effect upon,
the adjoining or surrounding development. Such plan, in particular, shall be in accordance with the
following regulations:
1.
Buffering and screening. Shopping centers shall be buffered and screened,
as defined in §22-2 of this Code, along the boundary line(s) adjoining any Residential or
Agricultural zoning districts.
2.
Site coverage. The ground area covered by all the buildings shall not exceed
in the aggregate twenty-five percent (25%) of the total area.
3.
Drainage. Plans for drainage shall be approved by the Resident Engineer of
the Virginia Department of Transportation as well as all other State and County officials
charged with the duty of enforcing laws pertaining to drainage including, but not limited to,
the Erosion and Sediment Control Administrator for Campbell County.
4.
Utilities. A preliminary utilities plan shall be submitted by the developer for
review and approval. All utilities shall be underground except power substations, which shall
be adequately screened.
5.
The dedication of all rights-of-way for any street, curb, gutters, bicycle trails,
or sewer systems shall be by dedication to the County or agency of the County and shall be in
such form as may be approved by the County Administrator.
For state law authority generally, see Va. Code §15.22283.

ARTICLE VI. INDUSTRIAL ZONING DISTRICTS.
Sec. 22-14.

Industrial-General Zoning District (I-G).

LEGISLATIVE INTENT
This zoning district is intended to establish areas by which their accessibility to utilities and
transportation routes are well suited for industrial/manufacturing development which would not be in
significant conflict with neighboring activities. This district is intended to be a suitable transition
between heavy industrial zoning and other less-sensitive commercial zoning districts.
A.
Principal uses permitted: The principal uses permitted in districts zoned I-G shall
include the following:

70

1.

Any principal use permitted by right in any Business (B) district.

2.
Assembly, manufacturing, compounding, processing, packaging or treatment
of non-objectionable products from raw materials or component parts if done within enclosed
buildings.
3.
Solid waste collection drop-off sites if open to the public for typical household
refuse, but excluding permanent disposal or processing of the waste on site.
4.
Accessory buildings and structures customarily incidental to permitted uses,
including public utility structures not otherwise prohibited or requiring a special use permit.
5.

Towing and recovery of automobiles.

6.

Contractor’s Equipment Storage Yards.

(Permitted uses REQUIRING SPECIAL USE PERMIT:)
7.

Data Centers.

8.
Any use permitted by special use permit in any Business-Heavy Commercial
(B-HC) district if not otherwise permitted by right.
B.
Minimum lot requirements. The minimum lot requirements for buildings and
structures in districts zoned I-G shall be the following:
1.

Lot area. There is no minimum acreage requirement for this district.

2.
Lot width. The minimum lot width shall be seventy-five feet (75’) at the front
lot line, but subject to the requirements of §21-13 of this Code.
3.

Reserved.

4.
Yard requirements. The minimum front setback shall be fifty feet (50’).
Within any Business District or Industrial District, individual buildings or structures may be
attached on the side lot line and/or at the rear lot line, but shall be set back at least ten feet
(10’) from any street. However, where an I-G district adjoins a Residential district or an
Agricultural district without an intervening street, the adjacent side yard setback for the I-G
use shall be fifty feet (50’), and the adjacent rear yard setback for the I-G use shall be fifty
feet (50’).
5.
Height limitation. There is no maximum height limitation in this district,
except where airport district height limitations may apply.
C.
Setbacks for Accessory Buildings. Detached accessory buildings which are
customarily incidental to use in an I-G district shall comply with the setback lines of the district.

71

D.
Requirements for Accessory Structures. Detached accessory structures which are
customarily incidental to use in an I-G district shall comply with the setback lines of the district,
excluding ornamental, horticultural, identification, ingress/egress, illumination sources, postal service
and similar structures which shall not be subject to setback or yard requirement set forth herein.
E.
Landscaping Requirements. New construction, including additions to existing
buildings, structures, or other facilities in an I-G District shall also include suitable landscaping. The
area to be landscaped shall be not less than five percent (5%) of the square footage of the parking lot
as determined by the Zoning Administrator. The area to be landscaped shall be clearly marked on the
site plan, and shall include a detailed list of the materials to be used, plant species and height or size
at time of planting. The Zoning Administrator shall approve or deny the landscaping plan as a part
of the site plan review. The landowner and business owner may both be held responsible for ensuring
the proper installation and maintenance of approved landscaping material.
F.
Buffering and Screening Requirements. Where a lot in an I-G district adjoins a
Residential district or an Agricultural district, the buildings, structures, and parking lots on such lot
shall be screened along the boundary line(s) with the Residential and/or Agricultural districts.
Buffering and screening may be accomplished by any device or natural growth, or a combination
thereof, which shall serve as a barrier to vision or noise between adjoining properties. Locations of
buffering and screening measures shall be clearly marked on the site plan, and an attached description
shall include a detailed list of the materials to be used, plant species and height or size at time of
planting. Such buffering and screening shall be designed and executed in a manner suited to the
particular site, as determined by the Zoning Administrator. The Zoning Administrator shall approve
or deny the buffering/screening plan as a part of the site plan review. The landowner and business
owner may both be held responsible for ensuring the proper installation and maintenance of approved
buffering and screening devices/measures so as to provide permanent buffering/screening from
adjacent properties in Residential or Agricultural districts.
G.
Sidewalk Requirements. New construction, including additions to existing
buildings, structures, or other facilities in an I-G District shall also include the installation of
sidewalks, constructed to VDOT standards, along the public right-of-way abutting the lot(s).
Proposed sidewalks shall be clearly marked on the site plan, such plan being approved by VDOT and
Campbell County as evidenced by the appropriate signatures. The Zoning Administrator may waive
this requirement after consultation with VDOT, for areas where sidewalks do not presently exist, and
are not likely to be constructed.
For state law authority generally, see Va. Code §15.22283. See also Va. Code §15.2-903, §15.2-917.

Cross-references: For standards applicable to telecommunication antennas and towers, see §22-17.10
et seq. of this Code. For County noise ordinance, see §16-10 et seq. of this Code, with attention to
§16-10.6:2.
Sec. 22-15.

Industrial-Heavy Zoning District (I-H).

LEGISLATIVE INTENT

72

This zoning district is intended to establish areas by which their accessibility to utilities and
transportation routes are well suited for industrial/manufacturing development.
A.
Principal uses permitted: The principal uses permitted in districts zoned I-H shall
include the following:
1.

Any principal use permitted by right in any Business (B) district.

2.

Any principal use permitted by right in the Industrial-General (I-G) district.

3.
Heavy equipment and truck repairing or overhauling, tire retreading, recapping
of tires, battery manufacturing.
4.

Building materials sales yards.

5.

Coal and wood yards, lumber yards, sawmills and wood preserving operations.

6.

Contractors’ equipment storage yards.

7.
Manufacturing, compounding, processing, assembling or treatment of products
or component parts thereof.
8.

Stone monument works, wholesale.

9.

Machinery manufacturing.

10.

Central mixing plant for concrete.

11.

Foundries.

12.
Manufacturing, compounding, assembling or treatment of nuclear fuels and all
accessory uses in buildings customarily incidental to such operations.
13.
Transmitting or receiving stations or towers for communication if using a
monopole design, not exceeding one hundred ninety-nine feet (199’) in height and only one
such tower per parcel of land. All other requirements of §22-17.10 et seq. shall apply.
14.
Accessory buildings and structures customarily incidental to permitted uses,
including public utility structures not otherwise prohibited or requiring a special use permit.
15.

Paint, oil, shellac, turpentine or varnish manufacturing.

16.

Wastewater treatment facility, accessory to permitted use.

17.

Contractor’s Equipment Storage Yards.

(Permitted uses REQUIRING SPECIAL USE PERMIT:)

73

18.

Extraction of sand, gravel and rock.

19.

Mining operations.

20.

Petroleum refining, ethanol refining, including by-products, and similar uses.

21.

Bulk petroleum and other flammable liquids bulk storage structures.

22.

Tire stockpiles, subject to the requirements of §12-8 et seq. of this Code.

23.

Truck stops.

24.
Correctional facilities operated under the auspices and direct control of the
Virginia Department of Corrections, whether privately owned and leased to the
Department of Corrections or constructed and owned by the Commonwealth of
Virginia; provided, however, that before a certificate of occupancy is issued, all
requirements of the Department of Corrections regarding prisoner security and
protection of the public health, safety and welfare must be met.
25.

Logistics center, trucking yard or terminal.

26.
Solid waste management facility, transfer facility, solid waste incinerator, and
landfills, and any combination of the foregoing or addition of one of the foregoing
uses to another of the foregoing uses.
27.
Recycling or remanufacturing, subject to the bonding requirements of
subsection (H) hereof.
28.

Demolisher operations.

29.

Data Centers.

30.
Any use permitted by special use permit in any Business-Heavy Commercial
(B-HC) district or any Industrial (I) district if not otherwise permitted by right.
B.
Minimum lot requirements. The minimum lot requirements for buildings and
structures in districts zoned I-H shall be the following:
1.

Lot area. There is no minimum acreage requirement for this district.

2.
Lot width. The minimum lot width shall be seventy-five (75) feet at the front
lot line, but subject to the requirements of §21-13 of this Code.
3.

Reserved

4.
Yard requirements. The minimum front setback shall be fifty feet (50’).
Within any Business District or Industrial District, individual buildings or structures may be
attached on the side lot line and/or at the rear lot line, but shall be set back at least ten feet

74

(10’) from any street. However, where an I-H district adjoins a Residential district without
an intervening street, the adjacent side yard setback for the I-H use shall be one hundred feet
(100’), and the adjacent rear yard setback for the I-H use shall be one hundred feet (100’).
Where an I-H district adjoins an Agricultural district without an intervening street, the
adjacent side yard setback for the I-H use shall be fifty feet (50’), and the adjacent rear yard
setback for the I-H use shall be fifty feet (50’).
5.
Height limitation. There is no maximum height limitation in this district,
except where airport district height limitations may apply.
C.
Setbacks for Accessory Buildings. Detached accessory buildings which are
customarily incidental to use in an I-H district shall comply with the setback lines of the district.
D.
Requirements for Accessory Structures. Detached accessory structures which are
customarily incidental to use in an I-H district shall comply with the setback lines of the district,
excluding ornamental, horticultural, identification, ingress/egress, illumination sources, postal service
and similar structures which shall not be subject to setback or yard requirement set forth herein.
E.
Landscaping Requirements. New construction, including additions to existing
buildings, structures, or other facilities in an I-H District shall also include suitable landscaping. The
area to be landscaped shall be not less than five percent (5%) of the square footage of the parking lot
as determined by the Zoning Administrator. The area to be landscaped shall be clearly marked on the
site plan, and shall include a detailed list of the materials to be used, plant species and height or size
at time of planting. The Zoning Administrator shall approve or deny the landscaping plan as a part
of the site plan review. The landowner and business owner may both be held responsible for ensuring
the proper installation and maintenance of approved landscaping material.
F.
Buffering and Screening Requirements. Where a lot in an I-H district adjoins a
Residential district, an Agricultural district, or a Business district, the buildings, structures, and
parking lots on such lot shall be screened along the boundary line(s) with the Residential, Agricultural,
or Business districts. Buffering and screening may be accomplished by any device or natural growth,
or a combination thereof, which shall serve as a barrier to vision or noise between adjoining
properties. Locations of buffering and screening measures shall be clearly marked on the site plan,
and an attached description shall include a detailed list of the materials to be used, plant species and
height or size at time of planting. Such buffering and screening shall be designed and executed in a
manner suited to the particular site, as determined by the Zoning Administrator. The Zoning
Administrator shall approve or deny the buffering/screening plan as a part of the site plan review.
The landowner and business owner may both be held responsible for ensuring the proper installation
and maintenance of approved buffering and screening devices/measures so as to provide permanent
buffering/screening from adjacent properties in Residential or Agricultural districts.
G.
Sidewalk Requirements. New construction, including additions to existing
buildings, structures, or other facilities in an I-H District shall also include the installation of
sidewalks, constructed to VDOT standards, along the public right-of-way abutting the lot(s).
Proposed sidewalks shall be clearly marked on the site plan, such plan being approved by VDOT and
Campbell County as evidenced by the appropriate signatures. The Zoning Administrator may waive
this requirement after consultation with VDOT, for areas where sidewalks do not presently exist, and
are not likely to be constructed.

75

H.
Recycling or Remanufacturing Requirements. As a part of the Special Use
Permit Application process any person or other entity seeking to establish a recycling or
remanufacturing facility as permitted by subsection (A)(25) hereof shall comply with all the
requirements of Art. III of Chapter 12 of this Code if for tire recycling and if recycling or
remanufacturing of other solid waste shall meet all the requirements of the Virginia Waste
Management Act and the regulations promulgated pursuant thereto and, in addition, shall post a bond
or letter of credit, with adequate surety, in form satisfactory to the Board of Supervisors, to ensure
that in the event of the bankruptcy or other insolvency of the Applicant the site upon which the
recycling or remanufacturing of products has been permitted can be claimed so as to be in compliance
with all Federal and State Solid Waste Management regulations.
For state law authority generally, see Va. Code §15.22283. See also Va. Code §15.2-903, §15.2-917.
Editor’s note: Recycling activities may be subject to regulations of the Virginia Waste Management
Act Va. Code §10.1-1400 et seq. Attention is also directed to §12-8 et seq. of the Campbell County
Code of 1988.

ARTICLE VII. AGRICULTURAL ZONING DISTRICTS.
LEGISLATIVE INTENT
The purpose of the Agricultural zoning district is to protect and preserve agricultural lands for
the performance of agricultural functions, and to allow other open space and outdoor recreational
uses which enhance the enjoyment of the natural environment and do not significantly impact adjacent
agricultural production.
Sec. 22-16.

Agricultural zoning district A-1.

A.
Principal uses permitted. The principal uses permitted in districts zoned A-1 shall
be the following:
1.
Single family dwellings, modular homes, and manufactured homes, but
provided, however, that no more than two (2) single family dwellings shall be allowed per
minimum lot area. The second dwelling on the lot shall be allowed only for use by a member
of the immediate family as defined in §22-2 of this Code, and shall be allowed only on a lot
of sufficient size and shape such that if the lot or parcel of land is ever divided to separate the
dwellings, no substandard lots, deficient setbacks, or non-conforming buildings are created.
2.
An arrangement of two (2) manufactured homes used as dwellings in
compliance with the requirements of this subsection and of this district shall not be considered
to be a manufactured home park for purposes of this Chapter.
3.
No more than one (1) accessory dwelling unit on each lot, in addition to any
single family dwelling, modular home, or manufactured homes allowed by right.

76

4.

Forestry (silviculture).

5.

Agricultural and horticultural uses including the tilling of soil, the raising
and/or production of crops and horticulture, including the keeping and
breeding of livestock, except that intensive agricultural activities, as defined in
Article VII(A) of this chapter, shall comply with the setback requirements,
minimum area requirements, and other requirements set out in Article VII(A)
of this chapter.

6.

Horticultural nursery sales.

7.

Office for farm supply or farm services.

8.

Production of livestock and poultry products, including dairy products, eggs,
meat, fur, and honey, incidental to an existing agricultural operation on the
premises.

9.

Antique shops.

10.

Horse stables.

11.

Kennels and kennels incidental to a veterinary hospital or veterinary clinic, and
pet services.

12.

Veterinary hospital or clinic.

13.

Cabinet or woodworking shops, not to include retail sales, contained within a
structure less than five thousand square feet (5,000 ft.2) in total area.

14.

General convenience stores.

15.

Private sawmills.

16.

Home occupations.

17.

School support facilities.

18.

Child care centers, adult foster care, family day homes and similar
establishments.

19.

Church or summer camps with interior dining facilities, community centers
and similar places of non-profit organizations.

20.

Churches built on a permanent foundation.

21.

Parks, lakes, playgrounds, pedestrian trails, walkways and similar recreational
facilities.

77

22.

Rooming House.

23.

Tourist Houses that are minimum lot size of twenty-five (25) acres, fifty feet
(50’) from the road, and two hundred fifty feet (250’) from the next nearest
property line of the nearest property not under common ownership.

24.

Preserves, conservation areas, wildlife areas or game refuges.

25.

Off-site school athletic practice and training facilities, not open to the public
and not intended to accommodate spectators.

26.

Signs, as regulated in Article IX.

27.

Flood control or watershed structures.

28.

Emergency service facilities.

29.

Railroad stations or yards.

30.

Accessory buildings and structures customarily incidental to existing A-1
District permitted uses. No manufactured home shall be used for storage or as
an accessory use.

31.

Accessory structures customarily incidental to A-1 District permitted uses.

32.

Existing cemeteries adjacent to an operating church, provided that (i) a
minimum lot size of one (1) acre shall be required, and (ii) the requirements
set forth in Va. Code §57-26 and §6-1 of this Code are satisfied.

33.

Wastewater treatment facility, fewer than ten (10) connections served (For any
person, including municipal corporations, that proposes to establish a sewage
system, or an extension of any existing system, used for conducting or treating
sewage. See requirements of §18-25 of this Code).

34.

Transmitting or receiving stations or towers for communication not more than
fifty feet (50’) in height pursuant to Va. Code §15.2-2316.3 et seq.

35.

Landscape service business.

(Permitted Uses REQUIRING SPECIAL USE PERMIT:)
36.

Public utility structures and facilities, including facilities for construction,
repair service, or storage of utility equipment, excluding accessory structures
as identified herein.

37.

Governmental buildings and libraries.

78

38.

Uses of a temporary nature (site plan and sign requirements are exempted) that
are neither subject to the special entertainment permit issued pursuant to §3-6
et seq. of this Code, nor otherwise exempt under applicable law.

39.

Fairgrounds and similar facilities.

40.

Recreation resorts, campgrounds and similar uses subject to the following:.
i.

Each recreation resort use shall occupy a site not less than five acres.

ii.

No less than ten (10) percent of the gross site area shall be devoted to
recreational area, child play areas, swimming pools, etc.

iii.

Camping area shall contain no less than two thousand square feet
(2,000 ft.2) per camping unit and the maximum density of campsites or
camping units shall not exceed fifteen (15) per gross acre.

iv.

Any camping area or camping unit shall be occupied by the day or week
only and shall not be utilized as a permanent, year-round residence.

v.

All other uses customarily incidental to the operation of a resort
camping area shall be permitted provided such facilities are intended
primarily for the use and service of those people staying at the
campground.

vi.

The Zoning Administrator shall insure compliance with these
requirements prior to issuance of a Zoning Permit as described in
§22-31 of this Code.

41.

Extraction of sand, gravel and rock.

42.

Schools, public, private, or parochial.

43.

Cemeteries.

44.

Clubs, lodges, country clubs, swimming and/or tennis clubs, hunting and
fishing clubs, golf courses and golf driving ranges.

45.

Recreation, amusement and entertainment enterprises, outside a building, for
profit, and not otherwise listed.

46.

Automobile graveyard or junkyard, if screened from view as required by §1548 et seq. of this Code.

47.

Automobile, truck and equipment sales, assembling, painting, upholstering,
rebuilding, reconditioning and body and fender work establishments.

48.

Airports, heliports and private landing areas.

79

49.

Transmitting or receiving stations or towers for communication.

49.

Livestock sales and/or auction markets or slaughterhouses.

50.

Outdoor theaters.

51.

Truck stops.

52.

Adult day center.

53.

Assisted living facility.

54.

Shooting ranges or sport shooting ranges, whether operated indoors or
outdoors, provided i. the applicant satisfactorily demonstrates that proper
design and supervision are present to ensure public safety, ii. that the range
shall not operate or be used between the hours of 10:00 p.m. to 6:00 a.m., and
iii. that the operation and use of the range shall be in compliance with all
ordinances relating to noise control in effect at the time the construction or
operation of the range initially was approved, or at the time any application
was submitted for the construction or operation of the range, whichever is
earliest.

55.

Time-share or similar use.

56.

Storage of sewage sludge, expressly subject to the requirements of §13-28 of
this Code and §22-4.3 of this Code and of Va. Code §62.1-44.19:3(R), and
such other applicable County, Federal, and State statutes, ordinances, and
regulations as may be adopted from time to time. However, a special use
permit shall not be required to begin the storage of sewage sludge on property
in an Agricultural (A-1) zoning district as long as such sewage sludge is being
stored (i) solely for land application on the farm on which the storage facility
is located and (ii) for a period no longer than forty-five (45) days.

57.

Towing and recovery of automobiles.

58.

Children’s residential facilities.

59.

Crisis Centers.

60.

Museums, art galleries, cultural centers.

61.

Commercial sawmills.

62.

Pallet assembly operations.

63.

Automobile and equipment repair shops.

80

64.

Automobile service stations.

65.
Production of livestock and poultry products, including dairy products, eggs,
meat, fur, and honey for commercial purposes and not otherwise permitted by right.
65.

Tourist House not more than a minimum lot size of twenty-five (25) acres, fifty
feet (50’) from the road, and two hundred fifty feet (250’) from the next nearest
property line of the nearest property not under common ownership.

66.

Dormitory, primary use on property.

67.

Flea market or swap meet.

68.

Wastewater treatment facility, ten (10) or more connections served (For any
person, including municipal corporations, that proposes to establish a sewage
system, or an extension of any existing system, used for conducting or treating
sewage. See requirements of §18-25 of this Code).

69.

Wastewater treatment facility, accessory to permitted use

70.

Water treatment plant, publicly owned

71.

Solar energy facilities.

72.

Pet cemeteries.

73.

Bulk storage and sale of mulch, gravel, rock, sand, soil, and other similar
landscaping materials.

74.

Salvage dealers.

75.

Vehicle removal operators.

76.

Contractor’s Equipment Storage Yards.

B.
Minimum lot requirements. The minimum lot requirements in a district zoned A-1
shall be as follows:
1.
Minimum lot area. The minimum lot area shall be one and a half (1.5) acres,
except for family single lot divisions for which the minimum lot area of any newly-created lot
shall be one (1) acre, provided the residue area maintains the minimum lot area of one and a
half (1.5) acres.
2.
Lot width. The minimum lot width shall be one hundred and fifty feet (150’)
at the front lot line, with the exception of (i) lots abutting on a cul-de-sac which shall be subject
to the requirements of §21-13 of this Code, and (ii) flag lots which shall be subject to the
following requirements: (a) the front lot line and frontage requirements of the elongated strip
of land (“pole”) providing access to the street shall meet the requirements of §21-13 of this

81

Code; and (b) the minimum lot width, as measured at the top of the elongated strip of land
(“pole”) opposite the front lot line, shall be at least one hundred and fifty feet (150’).
3.
Yard requirements. The minimum front setback requirement for all structures
shall be fifty (50) feet; however, for flag lots the fifty foot (50’) minimum front setback
requirement shall apply to the “pole” or elongated strip of land connecting the lot to a street
or other means of ingress/egress, and a minimum front setback requirement of twenty-five
feet (25’) shall apply to the remainder of the front lot line of a flag lot. The minimum front
setback for new additions or modifications to buildings and structures existing as of October
6, 1997 and nonconforming due to the front setback requirement shall be twenty-five feet
(25’). The minimum rear yard setback requirement for all uses shall be twenty-five feet (25’)
and the side yard setback shall be fifteen feet (15’), except as excluded herein. Provided,
however, that on undivided parcels, each dwelling and/or manufactured home shall be so
situated on the lot and so separated from each other such that if the lot or parcel of land is ever
divided, no substandard lots, deficient setbacks, or nonconforming buildings are created.
4.
Height limitation. There is no maximum height limitation in this district,
except where airport district height limitations may apply.
C.
Setbacks for Accessory Buildings. Detached accessory buildings which are
customarily incidental to use in an A-1 District shall comply with the front setback lines of the district
and have rear and side lot line setbacks of not less than five feet (5’).
D.
Requirements for Accessory Structures. Detached accessory structures which are
customarily incidental to use in an A-1 District shall:
1.
The minimum front setback for Accessory Structures shall be fifty feet (50’)
from the front lot line.
2.

Shall have rear and side lot line setbacks of not less than five feet (5’).

3.
Ornamental, horticultural, general agricultural uses as regulated in §22-31 of
this Code, identification, ingress/egress, docks and dock houses, illumination sources, postal
service and similar structures which shall not be subject to setback or yard requirements set
forth herein; and
E.
Production agriculture or silviculture activity permitted. Nothing in this Code
shall require that a special exception or special use permit be obtained for any production agriculture
or silviculture activity in an area that is zoned as an agricultural district or classification. For the
purposes of this section, production agriculture and silviculture is the bona fide production or
harvesting of agricultural products as defined in Va. Code §3.2-6400, including silviculture products
but shall not include the processing of agricultural or silviculture products or the above ground
application or storage of sewage sludge, or the storage or disposal of nonagricultural excavation
material, waste and debris if the excavation material, waste and debris are not generated on the farm,
subject to the provisions of the Virginia Waste Management Act. However, land used for agriculture
or silviculture activity within an agricultural district is subject to setback requirements, minimum area
requirements, and other requirements prescribed by the County.

82

F.
Licensed farm wineries, limited breweries, and limited distilleries permitted.
Nothing in this Code shall restrict the usual and customary activities and events at licensed farm
wineries, limited breweries, or limited distilleries unless there is a substantial impact on the health,
safety, or welfare of the public pursuant to Va. Code §15.2-2288.3 et seq. See §22-31(A) of this code
for exemptions.
G.
Use of recreational vehicle or recreational camper for temporary residence
permitted while constructing primary residence in A-1 zone; limitations. Notwithstanding other
provisions of this Code, one recreational vehicle or recreational camper, as defined in §22-2 of this
Code, may be used as a temporary residence in an A-1 zone, subject to the following conditions:
1.
The recreational vehicle or recreational camper shall be located on the same
lot on which the primary residence is being constructed;
2.
(6) months;

Such temporary residential use shall be allowed for a period not to exceed six

3.
The recreational vehicle or recreational camper must be operable and have a
current state inspection sticker and licenses or be marked as a rental unit from a rental agency,
insurance company or governmental entity;
4.
There shall be no delinquent personal property taxes owed on the recreational
vehicle or recreational camper;
5.
The recreational vehicle or recreational camper shall have available onboard
electrical service, plumbing, and waste management facilities;
6.
site; and

Proper building, water, and septic permits have been issued for the building

7.
The building site, whereupon the recreational vehicle or recreational camper is
temporarily situated, shall be hooked up to a permanent permitted water supply, a permanent
permitted waste disposal system, and a permitted temporary electrical power source.
For state law authority, see Va. Code §15.2-2283, §15.22288.1, §15.2-2290, §15.2-2247, §15.2-2288, and
§15.2-2288.3. See also Va. Code §3.2-301. For state
law authority regarding cemeteries, see Va. Code §5726.
Cross references: For provisions regarding family single lot divisions, see §21-23 of this Code. For
standards applicable to telecommunication antennas and towers, see §22-17.10 et seq. of this Code.
For provisions of Right to Farm Act, see Va. Code §3.2-300 et seq. For development standards for
intensive agricultural facilities, see §22-16.01 et seq. of this Code. For requirement of zoning permit
for intensive agricultural activities, see §22-16.02(B) and §22-31 of this Code.
Cross-reference regarding storage of sewage sludge: For provisions requiring compliance with all
applicable Federal, State, and local statutes, ordinances, and regulations prior to application to State

83

Health Department or Department of Environmental Quality for permit, variance, or permit
modification to authorize storage of sewage sludge, and, especially for provisions requiring
certification by Board of Supervisors of Campbell County as to whether or not a proposed site for
storage of sewage sludge is consistent with all applicable local ordinances, see §13-28(A) of this
Code.
Caveat: The Board of Supervisors shall confirm or deny such consistency within thirty (30) days of
receiving a request for certification. If the Board of Supervisors does not so respond, the site shall
be deemed consistent.

ARTICLE VII-A. DEVELOPMENT STANDARDS FOR INTENSIVE AGRICULTURAL
FACILITIES.
Sec. 22-16.01. Purpose of article; findings.
The Board of Supervisors of Campbell County, Virginia, recognizes that normal operation of
some agricultural and forestal uses produces noise, odors, and other effects, and that a certain level
of tolerance for these effects is to be expected of those who choose to live in a district where such
uses are intended. However, the Board also finds that intensive agricultural facilities, commonly
known as confinement operations in which large numbers of animals or fowl are confined to a
relatively small space, when not subject to appropriate regulations, may produce offensive odors and
noise, and may provide conditions conducive to the spread of flies, rats, and other vermin, and may
contaminate ground and surface waters. Therefore, the Board of Supervisors deems it necessary to
promulgate development standards for intensive agricultural facilities in order to provide for the
orderly development of such uses at appropriate locations and to protect the health, safety and welfare
of the citizens of Campbell County. Such standards shall include, but not be limited to, setback
requirements, minimum area requirements, and such other requirements as the Board may adopt from
time to time to protect the health, safety, and general welfare of its citizens.
Accordingly, it is the intent of this article of the Campbell County Zoning Ordinance to
encourage economic development and to preserve farmland by providing for the continued security
of Campbell County’s agricultural sector by encouraging the orderly and responsible growth of its
dairy, livestock, poultry, and swine industry, while protecting the public health, safety, and welfare
and preserving the environment.
For state law authority, see Va. Code §15.2-1200, Va.
Code §15.2-2283 and §15.2-2288, Va. Code §3.2-301,
Va. Code §62.1-44.17:1, §62.1-44.17:1.1, and Va. Code
§3.2-6544.
Sec. 22-16.02. Applicability.
A.
General agriculture or general production agriculture, as defined in this article,
that is undertaken in accordance with the provisions of §22-16 of this Code and in compliance with
other local, state, and federal laws and regulations shall be a use of right within an A-1, Agricultural
District in Campbell County. Such general agricultural activities shall be subject to setback
requirements, minimum area requirements, and other requirements prescribed in §22-16 of this Code.

84

However, pursuant to §22-31(A)(1) of this Code, a zoning permit shall not be required for such
general agricultural activities.
B.
Intensive agriculture, as defined in this article, that is undertaken in accordance with
the development standards prescribed in this article and in compliance with other local, state, and
federal laws and regulations shall be a use of right within an A-1, Agricultural District in Campbell
County. Such intensive agricultural activities shall be subject to setback requirements, minimum area
requirements, and other requirements prescribed in this article. In addition, in accordance with the
exclusionary language of §22-31(A)(1)of this Code and the stated purpose and intent of this article,
a zoning permit shall be required for such intensive agricultural activities in order to effectively
protect the health, safety, and general welfare of the citizens of Campbell County.
C.
Nothing contained within this Chapter shall be construed as requiring that a special
exception or special use permit be obtained for the small-scale conversion of biomass if: (i) at least
50 percent of the feedstock is produced either on site or by the owner of the conversion equipment;
(ii) any structure used for the processing of the feedstock into energy occupies less than four
thousand square feet (4,000 ft.2), not including the space required for storage of feedstock; and (iii)
the owner of the farm notifies the County Administrator in which the processing occurs. Such
small-scale conversion of biomass shall be subject to setback requirements, minimum area
requirements, and other requirements prescribed in §22-16 of this Code. “Biomass” means
agricultural-related materials including vineyard, grain or crop residues; straws; aquatic plants; and
crops and trees planted for energy production. “Small-scale conversion of biomass” means the
conversion of any renewable biomass into heat, power, or biofuels.
For state law authority, see Va. Code §15.2-2288, Va.
Code §3.2-301, and Va. Code §15.2-2288.01. See also
Va. Code §62.1-44.17:1, especially subsection (C)(3).
Editor’s note: Va. Code §15.2-2288 and Va. Code §3.2-301 prohibit counties from requiring a special
exception or special use permit for any production agriculture or silviculture activity in an area that
is zoned as an agricultural district, but authorize counties to adopt setback requirements, minimum
area requirements, and other requirements. For the purposes of those sections, “production
agriculture or silviculture means the bona fide production or harvesting of agricultural products as
defined in Va. Code §3.2-6400, including silvicultural products but shall not include the processing
of agricultural or silvicultural products or the above ground application or storage of sewage sludge,
or the storage or disposal of nonagricultural excavation material, waste and debris if the excavation
material, waste and debris are not generated on the farm, subject to the provisions of the Virginia
Waste Management Act.” Furthermore, those sections provide that “No county, city, or town shall
enact zoning ordinances which would unreasonably restrict or regulate farm structures or farming
and forestry practices in an agricultural district or classification unless such restrictions bear a
relationship to the health, safety and general welfare of its citizens.”
Va. Code §3.2-300, for purposes of limiting the circumstances under which agricultural
operations may be deemed to be a nuisance, defines “agricultural operation” broadly so as to include
“any operation devoted to the bona fide production of crops, or animals, or fowl, including but not
limited to the production of fruits and vegetables of all kinds; meat, dairy, and poultry products; nuts,
tobacco, nursery and floral products; and the production and harvest of products from silviculture
activity,” and Va. Code §3.2-302(A) provides that no agricultural operation shall be deemed “a

85

nuisance, private or public, if such operations are conducted in substantial compliance with any
applicable best management practices in use by the operation at the time of the alleged nuisance and
with existing laws and regulations of the Commonwealth.” This statutory protection does not apply
whenever a “nuisance results from the negligent or improper operation of any such agricultural
operation or its appurtenances.”
Sec. 22-16.03 Definitions.
As used in this article unless the context requires a different meaning:
“Accessory structures” or “accessory uses” shall mean all uses or structures associated with
intensive agricultural facility including but not limited to litter storage sites, incinerators, manure
storage sites, manure disposal pits or lagoons, and/or disposal pits, or cold storage chests used for the
collection of dead animals. Ordinary and customary uses and structures such as silos, garages, and
workshops customarily associated with non-intensive agriculture shall not for the purposes of this
article be deemed accessory structures or accessory uses.
“Agricultural animals” means all livestock and poultry as defined herein.
“Animal unit” means a unit of measurement for general and intensive livestock and poultry
operations used to determine the total number of particular animal types or combinations of animal
types which have been, are, or will be fed, confined, maintained, or stabled in an animal feeding
operation. An animal unit is approximately equivalent to one thousand (1,000) pounds of live animal
weight. The following scale and chart, which shall be deemed to be an integral part of this ordinance,
will be used to calculate total animal units:
Scale for Calculation of Animal Units and
Chart of Equivalents of 300 Animal Units (200 for poultry)

Animal Type

Multiplier

Equivalent
Animal Units

(a) Slaughter cattle

each multiplied by 1.00

300

(b) Feeder cattle

each multiplied by 1.00

300

(c) Milking dairy cows

each multiplied by 1.50

200

(d) Young dairy stock

each multiplied by 0.60

500

(e) Swine, breeding stock

each multiplied by 0.40

750

(f) Swine, finishing hog over 55
pounds

each multiplied by 0.15

2,000

(g) Swine, piglets under 55 pounds

each multiplied by 0.03

10,000

86

(h) Sheep, lambs, and goats

each multiplied by 0.25

1,200

(i) Horses

each multiplied by 2.00

150

(j) Turkeys

each multiplied by 0.02

10,000

(k) Laying hens and broilers

each multiplied by 0.01

20,000

(l) Veal calves

each multiplied by 0.08

3,750

(m) Other animals not listed above

to be determined case by case *

*

* Classification of other animals not listed above shall be determined by the Campbell County Zoning
Administrator upon consultation with the Soil and Water Conservation District Official and/or other
appropriate official, based upon identified criteria which may include, but not be limited to, size of
the animal, behavioral characteristics, feeding habits.
“Buffering” or “screening” shall include the meaning ascribed in §22-2(B) of this Code.
“Confinement area” shall mean the smallest area around which one can draw a line wherein any
intensive agricultural activity as hereinafter defined is being conducted.
“Dairy” or “dairy cows” means cows raised mainly for their milk; also, a facility in the business of
producing milk.
“Dead livestock” or “dead poultry” means livestock or poultry, respectively, exclusive of those
intentionally slaughtered, which die as a result of disease, injury, or of natural causes, upon any
premises in Campbell County.
“Enclosure” means a structure used to house or restrict agricultural animals from running at large.
“Existing dwelling” for the purpose of this article, means either:
1.
A structure, designed for residential use, which is occupied on the date a completed
application for an intensive dairy, livestock, poultry, or swine facility, zoning permit or building
permit is received by the office of the Zoning Administrator; or
2.
A structure, designed for residential use, which is not occupied on the date a completed
application for an intensive dairy, livestock, poultry, or swine facility zoning permit or building permit
is received in said office, but which has been issued a certificate of occupancy or which has been
occupied for any period of time within the one (1) year immediately preceding the date on which a
completed application for an intensive dairy, livestock, poultry, or swine facility zoning permit or
building permit is received by the office of the Zoning Administrator; or

87

3.
A structure, designed for residential use, which has a current building permit on the
date a completed application for an intensive dairy, livestock, poultry, or swine facility zoning permit
or building permit is received by the office of the Zoning Administrator.
“Existing intensive dairy, livestock, poultry, or swine facility” (only for the purposes of determining
residential setbacks in an A-1, Agricultural District, under this article), means an intensive dairy,
livestock, poultry, or swine facility which is occupied or has been occupied by a commercial livestock
or swine raiser, dairy or feed lot operator, poultry grower, or similar facility for any period of time
within the one (1) year immediately preceding the date on which zoning approval is sought for a
dwelling, including sites or structures which are accessories to the dairy, livestock, poultry, or swine
facility.
“General agriculture” or “General production agriculture” means the art or science of cultivating
the ground, including the bona fide production or harvesting of agricultural or silvicultural products,
the rearing and management of livestock; tillage; husbandry; farming. The term shall include
farming, horticulture, aquaculture, and forestry (silviculture), but shall not include intensive
agriculture as defined in this article, livestock markets, commercial slaughtering or processing of
animals or poultry, the processing of other agricultural or silvicultural products, or the above-ground
application or storage of sewage sludge, or the storage or disposal of nonagricultural excavation
material, waste and debris if the excavation material, waste and debris are not generated on the farm,
subject to the provisions of the Virginia Waste Management Act.
“Intensive agriculture” means the bona fide production or harvesting of agricultural or silvicultural
products, the rearing and management of livestock, tillage, husbandry, farming, etc., on a more
intensive basis than associated with general agricultural activities, including especially the method of
land cultivation or animal husbandry whose purpose is to increase the productivity of a given area by
means of an increase in the capital and labor and which results in more intensive use of agricultural
land than involved in traditional agricultural practices. The term shall not include livestock markets,
commercial slaughtering or processing of animals or poultry, the processing of other agricultural or
silvicultural products, or the above-ground application or storage of sewage sludge unless specifically
included under provisions of an approved nutrient management plan. For the purposes of this article,
the term shall include, but not be limited to, those intensive agricultural facilities commonly known
as confinement operations, and defined hereinafter as “intensive dairy facility,” “intensive livestock
facility,” “intensive poultry facility,” or “intensive swine facility,” in which large numbers of animals
or fowl are confined in a relatively small space:
1.
“Intensive dairy facility” means a dairy operation, with accessory uses or accessory
structures, including litter storage sites, manure storage sites, manure disposal pits, which at any one
time has at least three hundred (300) equivalent animal units as referenced in the scale and chart above
and where (i) such animals have been, are or will be stabled or confined and fed or maintained for a
total of forty-five (45) days or more in any twelve (12) month period; and (ii) crops, vegetation, forage
growth or post-harvest residues are not sustained on the operation of the lot or facility.
2.
“Intensive livestock facility” means a livestock operation, with accessory uses or
accessory structures, including litter storage sites, incinerators, manure storage sites, manure disposal
pits or lagoons, and/or disposal pits, which at any one time has at least three hundred (300) equivalent
animal units as referenced in the scale and chart above and where (i) such animals have been, are or
will be stabled or confined and fed or maintained for a total of forty-five (45) days or more in any

88

twelve (12) month period; and (ii) crops, vegetation, forage growth or post-harvest residues are not
sustained on the operation of the lot or facility.
3.
“Intensive poultry facility” means a poultry operation, with accessory uses or
accessory structures, including litter storage sites, incinerators, disposal pits or cold storage chests
used for collection of dead birds, which at any one time has at least two hundred (200) equivalent
animal units as referenced in the scale and chart above and where (i) such animals have been, are or
will be stabled or confined and fed or maintained for a total of forty-five (45) days or more in any
twelve (12) month period; and (ii) crops, vegetation, forage growth or post-harvest residues are not
sustained on the operation of the lot or facility. Intensive poultry facilities shall not be permitted to
maintain more than five hundred (500) equivalent animal units of poultry per facility at any time.
4.
“Intensive swine facility” means a swine operation with accessory uses or accessory
structures, including litter storage sites, incinerators, manure storage sites, manure disposal pits or
lagoons, and/or disposal pits, which at any one time has at least three hundred (300) equivalent animal
units as referenced in the scale and chart above and where (i) such animals have been are or will be
stabled or confined and fed or maintained for a total of forty-five (45) days or more in any twelve
(12) month period; and (ii) crops, vegetation, forage growth or post-harvest residues are not sustained
on the operation of the lot or facility. Intensive swine facilities shall not be permitted to maintain
more than five thousand (5,000) swine per facility at any time.
“Livestock” means all domestic or domesticated: bovine animals, including but not limited to cattle,
cows, oxen; equine animals, including but not limited to horses; ovine animals, including but not
limited to sheep; porcine animals, including but not limited to swine, hogs, finishing or slaughter
hogs, pigs, feeder pigs, and piglets; cervidae animals, including but not limited to reindeer, etc.;
capradae animals, including but not limited to goats; animals of the genus Lama or Vicugna, including
but not limited to llamas; ratites, including but not limited to ostriches, emus, etc.; fish or shellfish in
aquaculture facilities, as defined in Va. Code §3.2-2600; enclosed domesticated rabbits or hares raised
for human food or fiber; or any other animal specifically raised for food or fiber, except companion
animals. “Livestock” shall be deemed to include dairy cows and swine unless the context clearly
requires otherwise.
“Parcel of land” means a measured portion of real estate separated from other portions of land by a
metes and bounds description or described as a separate, discrete tract of land in an instrument of
conveyance or devise and recorded in the Office of the Clerk of the Circuit Court of Campbell County.
However, contiguous parcels of land which are owned by producers as defined in this section or are
under common ownership or control shall be considered a single parcel of land for the purposes of
this section.
“Poultry” includes all domestic or domesticated chickens, ducks, turkeys, geese or other fowl being
raised or kept on any premises in Campbell County, including gamebirds lawfully raised in captivity.
“Premises” means the entire tract of land including, but not limited to, any buildings thereon, its
grounds and other appurtenances, owned, leased, or used by any person for intensive agricultural
activity.

89

“Processing” or “to process” means to change the physical form or characteristics of products of
intensive agricultural activity by slaughtering, dressing, butchering, freezing, dehydrating, smoking,
curing, canning, or otherwise, except for personal consumption or use.
“Producer” means a person, firm, corporation, association, or cooperative who or which is engaged
in intensive agricultural activity as an owner or operator of an intensive livestock, dairy, or poultry
facility within Campbell County. The term shall include livestock raisers, dairy owners and
operators, and poultry growers.
“Property Line” means, for the purposes of this article, the perimeter around the parcel of land upon
which the producer’s intensive livestock facility is located.
“Structure” means any building, structure, installation, storage container, or storage site used in the
operations of an intensive livestock, dairy, or poultry facility, including, but not limited to, litter
storage sites, incinerators, manure storage sites, poultry houses, poultry disposal pits, dead poultry
cold storage chests, etc.
“Swine” means all porcine animals, including but not limited to swine, hogs, finishing or slaughter
hogs, pigs, feeder pigs, piglets, etc. For the purposes of this article the term “piglet” shall include
swine weighing under 55 pounds and the term “finishing hog” shall include swine weighing more
than 55 pounds.
For state law basis for definitions, see Va. Code §3.2300, Va. Code §62.1-44.17:1, §62.1-44.17:1.1, Va. Code
§3.2-6024, Va. Code §3.2-2000, Va. Code §3.2-1300,
Va. Code §3.2-5900, Va. Code §3.2-6500, Va. Code
§15.2-2288, and Va. Code §33.2-804.
Sec. 22-16.04. Acreage requirements.
A.
The minimum contiguous acreage requirements on which any new intensive dairy
facility may be established or maintained shall be the larger of either the number of acres required by
the nutrient management plan or a minimum of one hundred (100) acres per three hundred (300)
animal units, or portion thereof, provided that all other requirements of this article are met.
B.
The minimum contiguous acreage requirements on which any new intensive livestock
or intensive swine facility may be established or maintained shall be the larger of either the number
of acres required by the nutrient management plan or a minimum of one hundred (100) acres per
three hundred (300) animal units, or portion thereof, provided that all other requirements of this article
are met.
C.
The minimum contiguous acreage requirements on which any new intensive poultry
facility may be established or maintained shall be the larger of either the number of acres required by
the nutrient management plan or a minimum of fifty (50) acres per two hundred (200) animal units,
or portion thereof, provided that all other requirements of this article are met.
D.
Existing intensive dairy, livestock, poultry, or swine facilities in use as of the effective
date of this article which do not have sufficient acres, as required above, shall be considered non-

90

conforming uses and may continue in operation so long as the facility is not abandoned for a period
of twelve (12) consecutive months and there is no diminution in the size of the parcel of land
containing the intensive dairy, livestock, poultry, or swine facility.
E.
Application for a variance, as defined in §22-2(B) of this Code, from the acreage
requirements prescribed above may be made in accordance with the procedure set forth in §22-27 of
this Code. No such variance shall be authorized except after notice and hearing in accordance with
Va. Code §15.2-2204. Notwithstanding other provisions of this chapter, in no event shall the Zoning
Administrator grant a variance from the acreage requirements of this section.
F.
Two or more intensive dairy, livestock, poultry, or swine facilities, in any
combination, under common ownership or control are considered to be a single intensive operation
if they adjoin each other or if they use a common area or system for the disposal of liquid waste.
For state law authority, see Va. Code §62.1-44.17:1.
Sec. 22-16.05. Setback requirements.
A.
Any new intensive dairy, livestock, poultry, or swine facility confinement area shall
be located in accordance with the following minimum setback requirements:
Minimum Required Setbacks (measured in
feet)

Dairy

Livestock

Poultry

Swine

(1) From any property line

250

250

500

1,000

(2) From any existing dwelling in an A-1 district

300

300

1,000

2,500

(3) From any existing structure in an adjoining
District Zoned Business (B) or Industrial (I)

300

300

1,000

2,500

1,000

1,000

2,000

5,000

500

500

2,000

5,000

1,000

1,000

2,000

5,000

(7) From public wells, public springs and public 1,000
water intakes.

1,000

2,000

5,000

(4) From an incorporated town
(5) From a Residentially Zoned District
(6) From public or private schools, churches;
county, town, or community recreation areas;
public or private campgrounds, summer camp
facilities, retreat centers, etc.

(8) From “blue line” * streams and rivers

250

250

2,000

3,000

(9) From public roads or public street

250

250

1,000

2,500

91

(10) Portions of a River designated as a Scenic
River

1,000

1,000

2,000

5,000

For the purposes of this article, “blue line” streams and rivers shall be deemed to mean those streams
and rivers indicated in blue on the official map of the U. S. Geological Survey 1993 Edition
Topographic Map No. 37079-C1-CF-050,1:50,000 Scale of Campbell County and the City of
Lynchburg.
B.
The setbacks prescribed above shall apply to all accessory uses or accessory structures
associated with the intensive agricultural facility including, but not limited to, litter storage sites,
incinerators, manure storage sites, manure disposal pits or lagoons, and/or disposal pits or cold
storage chests or other means used for the collection and/or disposal of dead animals and/or their
wastes.
C.
Existing intensive dairy, livestock, poultry, or swine facilities in use as of the effective
date of this article which do not meet the prescribed setback requirements, as required above, shall be
considered non-conforming uses and may continue in operation so long as the facility is not
abandoned for a period of twelve (12) consecutive months and there is no diminution in the size of
the parcel of land containing the intensive dairy, livestock, poultry, or swine facility.
D.
Application for a variance, as defined in §22-2(B) of this Code, from the setback
requirements prescribed above may be made in accordance with the procedure set forth in §22-27 of
this Code. No such variance shall be authorized except after notice and hearing in accordance with
Va. Code §15.2-2204. Notwithstanding other provisions of this chapter, in no event shall the Zoning
Administrator grant a variance from the setback requirements of this section.
For state law authority, see Va. Code §62.1-44.17:1,
especially at subsection (E)(3). See also Va. Code
§15.2-1200 generally.
Editor’s note: Pursuant to the August 15, 2005 amendments to §22-12 et seq. and §22-14 et seq.
of this Code in which the zoning provisions concerning Business Districts and Industrial Districts
were revised, the former reference to “in an adjoining District Zoned B-1 or M-1” in item (3) in
the chart at subsection (A) of this section has been replaced editorially by a reference to “in an
adjoining District Zoned Business (B) or Industrial (I)” in order to conform the reference to the
cited amendments.
Sec. 22-16.06. Buffering or screening requirements.
A.
Any new intensive dairy, livestock, poultry, or swine facility established after the
effective date of this article shall provide for buffering and/or screening along the perimeter of the
confinement area upon which the intensive agricultural facility, or any of its appurtenances, is
located. The buffer or screen may incorporate existing mature tree growth, natural land forms on
the perimeter of the premises, or other natural or man-made materials that effectively reduce

92

visibility of the facility and dissipate the noise from support buildings or structures from adjacent
properties.
B.
The standard buffer shall consist of a landscaped strip of land at least ten feet (10’)
wide at or outside the perimeter of the confinement area. In determining the sufficiency of the
buffering and/or screening proposed or provided, the Zoning Administrator shall consider the
following factors:
1.

The proximity to residential structures and residential district boundaries;

2.

The nature of the uses on adjacent and nearby property;

3.

The surrounding topography;

4.
The surrounding tree coverage and foliage, and whether such foliage is
evergreen or deciduous; which tree coverage must be calculated to be six feet (6’) in height
within two years, at a minimum.
5.

The means of ingress and egress to and from the premises;

6.

The usual direction of the prevailing winds in the area; and

7.

Other factors peculiar to the location of the facility.

C.
The buffering and/or screening requirements above shall apply to all accessory uses
or accessory structures associated with the intensive dairy, livestock, poultry, or swine facility,
including, but not limited to, litter storage sites, incinerators, manure storage sites, manure disposal
pits and/or disposal pits or cold storage chests for the collection of dead animals.
D.
Buffering and/or screening on or around the perimeter of the premises of an intensive
dairy, livestock, poultry, or swine facility shall not be deemed a substitute, in whole or in part, for the
setback requirements prescribed by this article.
E.
Existing intensive dairy, livestock, poultry, or swine facilities in use as of the effective
date of this article which do not meet the prescribed buffering or screening requirements, as required
above, shall be considered non-conforming uses and may continue in operation so long as the facility
is not abandoned for a period of twelve (12) consecutive months and there is no diminution in the
size of the parcel of land containing the intensive dairy, livestock, poultry, or swine facility.
F.
Application for a variance, as defined in §22-2(B) of this Code, from the buffering
and screening requirements prescribed above may be made in accordance with the procedure set forth
in §22-27 of this Code. No such variance shall be authorized except after notice and hearing in
accordance with Va. Code §15.2-2204. Notwithstanding other provisions of this chapter, in no event
shall the Zoning Administrator grant a variance from the buffering and screening requirements of
this section.

Sec. 22-16.07. Strict compliance required.

93

All intensive agricultural facilities, especially intensive dairy, livestock, poultry, and swine
facilities, shall be operated in compliance with the requirements of this article and other applicable
local, state, and federal laws and regulations, particularly those provisions requiring that areas
wherein livestock, swine, or poultry are repeatedly assembled and which may harbor diseases of
livestock, swine, or poultry shall be maintained in a sanitary condition and those provisions requiring
the proper disposal of dead poultry, dead livestock, and dead swine. All such requirements shall be
strictly construed and enforced in order to preserve and protect the health, safety, and general welfare
of the citizens of Campbell County and to protect the livestock, poultry, and swine in the County
against unsanitary conditions which may encourage the development and spread of contagious and
infectious diseases among livestock, poultry, and swine and then to other animals and humans.
No parcel of land upon which an intensive agricultural facility is located shall be subdivided,
conveyed or otherwise alienated when the result of such subdivision, conveyance or other alienation
would create a parcel of land that is smaller than the minimum acreage required for the permitted
intensive agricultural facility use and/or which thereafter does not meet the setbacks required by this
Code.
For state law authority, see Va. Code §15.2-1200; Va. Code
§3.2-5200 et seq., Va. Code §3.2-5900 et seq., especially
§3.2-6012, and §3.2-6025. See also Va. Code §18.2-510.
Editor’s note: Section §4-3.1 of the Campbell County Code of 1988, adopted by the Board of
Supervisors pursuant to Va. Code §18.2-510, requires the owner of any animal or grown fowl which
has died to have its body cremated or buried. Violation of this ordinance is punishable as a Class 4
misdemeanor. See also Va. Code §3.2-6025 and §3.2-6026 regarding state law requiring proper
disposal of dead poultry.
Cross references: For other state laws applicable to livestock (including swine) and poultry, see Va.
Code §3.2-5900 et seq., especially §3.2-6012, and Va. Code §3.2-6032.
Sec. 22-16.08. Replacement and reconfiguration of non-conforming dairy, livestock, poultry,
or swine facilities.
Notwithstanding the provisions of §22-7, §22-7.1 and §22-8 of this Code, replacement or
reconfiguration of existing intensive dairy, livestock, poultry, and swine facilities in operation as of
the effective date of this article, but which do not meet the requirements of this article, may be
permitted provided that:
A.
There is no increase in the square footage outside the scope of the original
development plan in effect on the date of adoption devoted to the intensive dairy, livestock, poultry,
or swine operation or facility on the parcel; and
B.
Replacement facilities or the reconfiguration of existing facilities shall not encroach
upon any setbacks required under this article to a greater extent than the facilities being replaced; and
C.

A nutrient management plan is obtained as provided for in this article; and

94

D.
It is the intent of this ordinance to allow any existing intensive livestock operation to
continue to exist after enactment and to allow the number of animal units to expand to the originally
designed capacity.
Sec. 22-16.09. Plat required.
Each application for an intensive dairy, livestock, poultry, or swine facility shall be
accompanied by a plat of the entire confinement area, with location of the proposed facility, prepared
by a certified land surveyor or licensed professional engineer, certifying that the proposed intensive
dairy, livestock, poultry, or swine facility meets all applicable acreage and setback requirements of
this article. This plat shall also show the direction and distances to nearest residences, adjoining
zoning districts, public and private schools, recreation areas, public wells, public springs, and water
intakes, etc., “blue line” streams and rivers as indicated on the official maps of the U. S. Geological
Survey and which generally denote streams and rivers which flow continuously under normal
conditions, Scenic Rivers, etc. listed in this article. The plat shall also indicate location and
composition of required buffering and/or screening and, when practicable, the approximate
dimensions of same. For the purpose of this section a certification by the certified land surveyor or
licensed professional engineer of acreage and setback requirements will not require actual survey but
may be done by reference to U. S. Geological Survey maps. Minimum setbacks shall be as specified
and applicable under the provisions of §22-16.05 of this Code.
Sec. 22-16.010.

Intensive dairy, livestock, poultry, or swine facility development plans to
be filed; contents; effects of approval.

A.
In the A-1 Agricultural District, an intensive livestock or swine raiser, intensive dairy
or feed lot operator, intensive poultry grower, or such potential raiser, operator, or grower, shall file
with the Zoning Administrator a development plan which indicates the number, size and location of
intensive dairy, livestock, poultry, or swine facilities planned for the subject parcel. When such
development plan is approved and filed with the Zoning Administrator and during the period in which
it remains in effect, the planned facilities shall be obliged to meet setbacks only from those dwellings
and uses existing at the time the development plan is filed.
B.
The development plan shall be based on the requirements of this article and shall be
accompanied by a plat pursuant to §22-16.09 of this Code verifying the accuracy of the distances
shown in the development plan and containing all of the data required on plats hereinabove required.
C.
The development plan shall remain in force only so long as the facilities proposed are
constructed in accordance with the development plan and are placed in service in a timely manner, in
accordance with the time frames stated in the development plan.
D.
The raiser, operator, or grower shall notify the Zoning Administrator in writing within
thirty (30) days of placement into service of any facilities indicated in his development plan.
E.
Each parcel for which a development plan has been approved by the Zoning
Administrator shall display at its entrance a sign no smaller than two square feet (2 ft.2), or larger
than four square feet (4 ft.2), clearly visible from the nearest roadway, indicating that a development
plan is in effect for the parcel and containing the words “Certified ________________ Development
Site.”

95

Sec. 22-16.010:1. Agreement for long term maintenance of facilities
Security for performance is a condition precedent to approval of any development plan
hereunder. The raiser, operator or grower of the facility and the owner of the land upon which the
facility is proposed to be located shall enter into a legally binding agreement with the Board of
Supervisors of Campbell County establishing the maintenance requirements of the facility, detailing
the owner’s, raiser’s, operator’s, and grower’s responsibilities for long term maintenance of the
facility, identifying any other person responsible for performing such maintenance, and specifying
such other requirements as may be adopted from time to time, by the Board of Supervisors. The
agreement shall be acceptable in form and in content to the County Attorney and, upon execution by
necessary parties, shall be duly recorded among the land records of the Clerk’s Office of the Circuit
Court of Campbell County, Virginia and shall constitute a covenant running with the land.
The foregoing provisions of this section shall not apply to closed subsurface disposal systems.
Sec. 22-16.011. Nutrient management plan required.
A.
After the effective date of this article, no intensive dairy, livestock, poultry, or swine
facility shall commence operation until a nutrient management plan, if required by the
Commonwealth of Virginia, for the proposed facility has been reviewed and approved by the Virginia
Department of Conservation and Recreation, the Virginia Department of Environmental Quality,
and/or other required agencies, or by a person certified or employed by the Commonwealth as a
nutrient management planner. A copy of the approved nutrient management plan shall be filed with
the Zoning Administrator of Campbell County.
B.
Each intensive dairy, livestock, poultry, or swine facility already in operation in
Campbell County or approved by the County prior to the effective date of this article shall have an
approved nutrient management plan, if required by the Commonwealth of Virginia. A copy of the
approved nutrient management plan shall be filed with the Zoning Administrator of Campbell County.
C.
After two (2) years from the effective date of this article, no facility subject to this
article shall operate without an approved nutrient management plan.
D.
Nutrient management plans shall be subject to review and updating by the above-cited
appropriate state agencies or qualified persons at regular intervals and/or at such time as additional
area devoted to intensive raising or housing of dairy cows, livestock, poultry, or swine, litter storage,
manure storage, composting of dead birds or other activity which would increase nutrient output of
the facility is placed into service on the same parcel, whichever shall occur first. A copy of the
approved updated nutrient management plan shall be filed with the Zoning Administrator of Campbell
County.
For state law requiring general permit and other permits
for confined animal feeding operations, see Va. Code
§62.1-44.17:1; see especially subsection (C)(3) therein.
For state law regarding poultry waste management
program, see Va. Code §62.1-44.17:1.1.

96

Cross-reference: For Virginia Freedom of Information Act, see Va. Code §2.2-3700 et seq.

Sec. 22-16.012. Severability.
If any part, section, subsection, sentence, clause, or phrase in this article is for any reason
declared to be unconstitutional or invalid, by the valid final judgment or decree of a court of
competent jurisdiction, such unconstitutionality or invalidity shall not affect the validity of the
remaining portions of this article which can be given effect without the invalid provisions or
applications.
For similar state law, see Va. Code §1-243.

ARTICLE VIII. AIRPORT ZONING DISTRICT
Sec. 22-16.1. Legislative Intent.
The near airport environs are as shown on those certain documents styled, “Airport Layout
Plan (Sheet 2 of 5), Lynchburg Regional Airport, Lynchburg, Virginia,” by Delta Airport Consultants,
Inc. of Richmond, Virginia, dated February 2010 and as amended from time to time, “1993 Noise
Contours (Sheet 1 of 1), Lynchburg Regional Airport, Lynchburg, Virginia,” by Delta Airport
Consultants, Inc., dated April 1995 and as amended from time to time, and “F.A.R. Part 77 Imaginary
Surfaces (Sheet 9 of 18), Lynchburg Regional Airport, Lynchburg, Virginia” by Delta Airport
Consultants, Inc., dated September 1994 and as amended from time to time. This zoning district is
intended to establish and preserve areas within the boundaries of the established airport and areas
immediately affected by airport activities known as near airport environs. The zoning district is to
apply to those areas subject to four (4) levels of aircraft noise, aircraft emissions, glide slopes and
superjacent airspace of all non-public owned land areas, public highways, streets, lanes, alleys and
other ways and all public road property.
A.

Principal uses permitted:

1.
AIRPORT DISTRICT AP-A. The principal uses permitted in districts zoned
AP-A shall be determined by designation on the official zoning map and the uses shall be
those uses permitted in the underlying zoning designation.
2.
AIRPORT DISTRICT AP-B. The principal uses permitted in districts zoned
AP-B shall be determined by designation on the official zoning map and the uses shall be
those permitted in the underlying zoning designation; provided, however, that residential uses,
churches, schools and day care centers shall be only permitted upon special use permit issued
as herein provided in §22-35 of this Code.
3.
AIRPORT DISTRICT AP-C. The principal uses permitted in districts zoned
AP-C shall be determined by designation on the official zoning map, except that residential
uses are not permitted.

97

4.
AIRPORT DISTRICT AP-D. The principal uses permitted in districts zoned
AP-D shall be those required for airport activities and airport support activities only.

B.

Minimum Lot Requirements.

Minimum lot requirements for buildings and structures in airport districts zoned AP-A, AP-B,
AP-C and AP-D shall be in conformance with the requirements as found specifically with those uses
in other articles of this Zoning Ordinance.
C.

Requirements for reduction in noise transmission within Airport Districts AP-A,
AP-B, AP-C and AP-D.

The Zoning Administrator may require soundproofing, both feasible and practical, as a means
of alleviating the impact of external noise generated by the airport. Requirements for soundproofing
shall be based on an analysis made on a case by case basis in concert with both acoustical and
architectural expertise.
1.
Soundproofing Modification.
Achieving noise reduction through
soundproofing modifications include minimal efforts of sealing and/or weatherstripping
window, doors, vents, and external openings, and also include replacement of hollow-core
doors with solid ones and elimination of direct exterior-interior transmission paths. For
progressive levels of noise reduction, additional measures, may include full time air
conditioning, acoustically treated ceiling panels, double-glazed windows, elimination of
windows, acoustical entryways, attic treatment, wall paneling, treated crawl-spaces, and other
sound “sealing” applications. Ventilating systems may be required with seal windows. The
selection of a single or combination of approved soundproofing measures should be made
only after a case-by-case analysis.
2.
Case-by-Case Analysis. The general condition, age and repair of a structure
normally dictate the degree of soundproofing required. Also, the building’s location and noise
exposure levels both ambient and impact, must be quantified to identify the appropriate
reduction in noise to be obtained.
D.
Airport Height Zones. In order to carry out the provision of this Article, certain
height zones are hereby created and established which include all the land lying underneath the
approach surface, transitional surfaces, horizontal surfaces and conical surfaces as they apply to the
Lynchburg Municipal Airport. Such height zones are shown on a map styled “Lynchburg Municipal
Airport (Sheet 1 of 1), Air Space Protection Chart, County of Campbell, City of Lynchburg, Virginia”
by Delta Airport Consultants, Inc., Richmond, Virginia, dated June 1993 and as amended from time
to time, which is made a part of this Article. An area located in more than one of the following height
zones shall be considered to be only in the zone with more restrictive height limitations.
1.

The various height zones are hereby established and defined as follows:
i.

Utility Runway Visual Approach Height Zone. The inner edge of
this approach zone coincides with the width of the primary surface and

98

is two hundred fifty feet (250’) wide. This approach zone expands
outward uniformly to a width of one thousand two hundred fifty feet
(1,250’) in a horizontal distance of five thousand feet (5,000’) from the
primary surface. Its centerline is the continuation of the centerline of
the runway.

2.

ii.

Non-Precision Instrument Runway Approach Height Zone. The
inner edge of this approach zone coincides with the width of the
primary surface and is five hundred feet (500’) wide. This approach
zone expands outward uniformly to a width of three thousand five
hundred feet (3,500’) in a horizontal distance of ten thousand feet
(10,000’) from the primary surface. Its centerline is the continuation
of the centerline of the runway.

iii.

Precision Instrument Runway Approach Height Zone. The inner
edge of this approach zone coincides with the width of the primary
surface and is one thousand feet (1,000’) wide. This approach zone
expands outward uniformly to a width of sixteen thousand feet
(16,000’) in a horizontal distance of fifty thousand feet (50,000’) from
the primary surface. Its centerline is the continuation of the centerline
of the runway.

iv.

Transitional Height Zones. The transitional zones are the areas
beneath the transitional surfaces.

v.

Horizontal Height Zone. The horizontal zone is established by
swinging arcs of ten thousand feet (10,000’) radii from the center of
each end of the primary surface of each runway and connecting the
adjacent arcs by drawing lines tangent to those arcs. The horizontal
zone does not include the approach and transitional zones.

vi.

Conical Height Zone. The conical zone is established as the area that
commences at the periphery of the horizontal zone and extends outward
therefrom a horizontal distance of four thousand feet (4,000’).

Definitions:
i.

Approach Surface. A surface longitudinally centered on the extended
runway centerline, extending outward and upward from the end of the
primary surface and at the same slope as the approach zone height
limitation slope set forth in paragraph (D)(3)(i) of this section. In plan
the perimeter of the approach surface coincides with the perimeter of
the approach zone.

ii.

Approach, Transitional, Horizontal, and Conical Height Zones.
These zones are set forth in paragraph (D)(l) of this section.

99

iii.

Conical Surface. A surface extending outward and upward from the
periphery of the horizontal surface at a slope of twenty (20) to one (1)
for a horizontal distance of four thousand feet (4,000’).

iv.

Hazard To Air Navigation. An obstruction determined to have a
substantial adverse effect on the safe and efficient utilization of the
navigable airspace.

v.

Height. For the purpose of determining the height limits in all zones
set forth in this Article and shown on the zoning map, the datum shall
be mean sea level elevations unless otherwise specified.

vi.

Horizontal Surface. A horizontal plane one hundred fifty feet (150’)
above the established airport elevation, the perimeter of which in plan
coincides with the perimeter of the horizontal zone.

vii.

Nonconforming Use. Any pre-existing structure, object of natural
growth, or use of land which is nonconsistent with the provisions of
this Article or an amendment thereto.

viii.

Non-Precision Instrument Runway Other Than Utility. A runway
that is intended for the operation of aircraft using non-precision
instrument approach procedures.

ix.

Obstruction. Any structure, growth, or other object, including a mobile
object, which exceeds a limiting height set forth in paragraph (D)(3) of
this section.

x.

Person. An individual, firm, partnership, corporation, company,
association, joint stock association, or governmental entity; includes a
trustee, a receiver, an assignee, or a similar representative of any of
them.

xi.

Precision Instrument Runway. A runway that is intended for the
operation of aircraft using precision instrument approach procedures.

xii.

Primary Surface. A surface longitudinally centered on a runway.
When the runway has a specially prepared hard surface, the primary
surface extends two hundred feet (200’) beyond each end of the
runway; when the runway has no specially prepared hard surface, or
planned hard surface, the primary surface ends at each end of that
runway. The width of the primary surface is set forth in paragraphs
(D)(l)(i), (D)(1)(ii) and (D)(1)(iii) of this section. The elevation of any
point on the primary surface is the same as the elevation of the nearest
point on the runway centerline.

xiii.

Runway. A defined area on an airport prepared for landing and take-off
of aircraft along its length.

100

xiv.

Structure. An object, including a mobile object, constructed or erected
by man, including but not limited to, buildings, towers, cranes,
smokestacks, earth formations, overhead transmission lines, flag poles,
and ship masts.

xv.

Transitional Surfaces. These surfaces extend outward at ninety degree
(90°) angles to the runway centerline and the runway centerline
extended at a slope of seven feet (7’) horizontally for each foot
vertically from the sides of the primary and approach surfaces to where
they intersect the horizontal and conical surfaces.

xvi.

Tree. Any object of natural growth.

xvii.

Utility Runway. A runway that is constructed for and intended to be
used by propeller driven aircraft of twelve thousand five hundred
pounds (12,500 lbs.) maximum gross weight and less.

xviii. Visual Runway. A runway intended solely for the operation of aircraft
using visual approach procedures.
3.

Airport Height Zone Limitations:
i.

Utility Runway Visual Approach Height Zone. Slopes twenty feet
(20’) outward for each foot upward beginning at the end of and at the
same elevation as the primary surface and extending to a horizontal
distance of five thousand feet (5,000’) along the extended runway
centerline.

ii.

Non-Precision Instrument Runway Approach Height Zone. Slopes
thirty-four feet (34’) outward for each foot upward beginning at the end
of and at the same elevation as the primary surface and extending for a
horizontal distance of ten thousand feet (10,000’) along the extended
runway centerline.

iii.

Precision Instrument Runway Approach Height Zone. Slopes fifty
feet (50’) outward for each foot upward beginning at the end of and at
the same elevation as the primary surface and extending for a horizontal
distance of ten thousand feet (10,000’) along the extended runway
centerline, then slopes forty feet (40’) outward for each foot upward
horizontally for the next forty thousand feet (40,000’).

iv.

Transitional Height Zones. Slope seven feet (7’) outward for each
foot upward beginning at the sides of and at the same elevation as the
primary surface and the approach surface, and extending to a height of
one hundred fifty feet (150’) above the airport elevation which is nine
hundred forty two feet (942’) above mean sea level. In addition to the
foregoing, there are established height limits sloping seven feet (7’)

101

outward for each foot upward beginning at the sides of and at the same
elevation as the approach surface, and extending to where they intersect
the conical surface.
v.

Horizontal Height Zone. Established at one hundred fifty feet (150’)
above the airport elevation or at a height of two hundred fifty feet
(250’) above mean sea level.

vi.

Conical Height Zone. Slopes twenty feet (20’) outward for each foot
upward beginning at the periphery of the horizontal zone and at one
hundred fifty feet (150’) above the airport elevation and extending to a
height of three hundred fifty feet (350’) above the airport elevation.

4.
Excepted Height Limitations. Nothing in this Article shall be construed as
prohibiting the construction or maintenance of any structure, or growth of any tree to a height
up to fifty feet (50’) above the surface of the land.
5.
Use Restrictions. Notwithstanding any other provisions of this Article, no
use may be made of land or water within any zone established by this Article in such a manner
as to create electrical interference with navigational signals or radio communication between
the airport and aircraft, make it difficult for pilots to distinguish between airport lights and
others, result in glare in the eyes of the pilots using the airport, impair visibility in the vicinity
of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with
the landing, takeoff, or maneuvering of an aircraft intending to use the airport.
6.

7.

Nonconforming Uses:
i.

Utility Runway Visual Approach Height Zone. The regulations
prescribed by this Article shall not be construed to require the removal,
lowering or other change or alteration of any structure or tree not
conforming to the regulations as of the effective date of this Article, or
otherwise interfere with the continuance of a nonconforming use.
Nothing contained herein shall require any change in the construction,
alteration, or intended use of any structure, the construction or
alteration of which was begun prior to the effective date of this Article,
and is diligently prosecuted.

ii.

Marking and Lighting. Notwithstanding the preceding provisions of
this Article, the owner of any existing nonconforming structure or tree
is hereby required to permit the installation, operation, and
maintenance thereon of such markers and lights as shall be deemed
necessary by the Zoning Administrator, to indicate to the operators of
aircraft in the vicinity of the airport the presence of such airport
obstruction.

Permits:

102

i.

Future Land Use. Except as specifically provided herein, no material
change shall be made in the use of land, no structure shall be erected or
otherwise established, and no tree shall be planted in any height zone
hereby created unless a permit therefor shall have been applied for and
granted. Each application shall indicate the purpose for which the
permit is desired, with sufficient particularity so that it can be
determined whether the resulting use, structure or tree would conform
to the regulations prescribed in this section. In addition to the required
permit the applicant shall complete the FAA Form 7460-1 “Notice of
Proposed Construction or Alteration” if the proposed use falls within
the criteria set forth in the instructions. A copy of FAA Form7460-1
and
instructions
for
filing
is
available
online
at
http://forms.faa.gov/forms/faa7460-1.pdf and the City web page. If the
criteria require the filing of the 7460-1, the subsequent determination
received from the FAA shall be submitted with the necessary permit
application. If such determination is in the affirmative, the permit shall
be granted.
a.

In the area lying within the limits of the horizontal height zone
and conical height zone, no permit shall be required for any tree
or structure less than seventy-five feet (75’) of vertical height
above the ground, except when, because of terrain, land
contour, or topographic features, such tree or structure would
extend above the height limits prescribed for such zone.

b.

In areas lying within the limits of the approach height zones,
but at a horizontal distance of not less than four thousand two
hundred feet (4,200’) from each end of the runway, no permit
shall be required for any tree or structure less than seventy-five
feet (75’) of vertical height above the ground, except when such
tree or structure would extend above the height limit prescribed
for such approach height zone.

c.

In the areas lying within the limits of the transition height zones
beyond the perimeter of the horizontal height zone, no permit
shall be required for any tree or structure less than seventy-five
feet (75’) of vertical height above the ground, except when such
tree or structure, because of terrain, land contour, or
topographic features, would extend above the height limit
prescribed for transition height zones.

Nothing contained in any of the foregoing exceptions shall be
construed as permitting or intending to permit any construction, or alteration
of any structure, or growth of any tree in excess of any of the height limits
established by this Article.
8.
Existing Uses. No permit shall be granted that would allow the establishment
or creation of an obstruction or permit a nonconforming use, structure, or tree to become a

103

greater hazard to air navigation that it was on the effective date of this ordinance or any
amendments thereto or than it is when the application for a permit was made. Except as
indicated, all applications for such a permit shall be granted.
9.
Nonconforming Uses Abandoned or Destroyed. Whenever the Zoning
Administrator determines that a nonconforming tree or structure has been abandoned or more
than eighty percent (80%) torn down, physically deteriorated, or decayed, no permit shall be
granted that would allow such structure or tree to exceed the applicable height limit or
otherwise deviate from the zoning regulations.
10.
Variances. Any person desiring to erect or increase the height of any structure,
or permit the growth of any tree, or use property, not in accordance with the regulations
prescribed in this Ordinance, may apply to the Board of Zoning Appeals for a variance from
such regulations. In addition to the required application for a variance the applicant shall
complete the FAA form 7460-1 “Notice of Proposed Construction or Alteration.” A copy of
the FAA form 7460-1 and instructions for filing is available online at
http://forms.faa.gov/forms/faa7460-1.pdf and the City web page. The application for variance
shall be accompanied by a determination from the Federal Aviation Administration as to the
effect of the proposal on the operation of air navigation facilities and the safe, efficient use of
navigable airspace. Such variances shall be allowed where it is duly found that a literal
application or enforcement of the regulations will result in unnecessary hardship and that relief
granted will not be contrary to the public interest, will not create a hazard to air navigation,
will do substantial justice, and will be in accordance with the spirit of this Article.
Additionally, no application for variance to the requirements of this Article may be considered
by the Board of Zoning Appeals unless a copy of the application has been furnished to the
Airport Manager for advice as to the aeronautical effects of the variance. If the Airport
Manager does not respond to the application within 15 days after receipt, the Board of Zoning
Appeals may act on its own to grant or deny said application.
11.
Obstruction Marking and Lighting. Any permit or variance granted may, if
such action is deemed advisable to effectuate the purpose of this Article and be reasonable in
the circumstances, be so conditioned as to require the owner of the structure or tree in question
to install, operate, and maintain, at the owner’s expense, such markings and lights as may be
necessary. If deemed proper by the Board of Supervisors, this condition may be modified to
require the owner to permit the County of Campbell, at its own expense, to install, operate,
and maintain the necessary markings and lights.
12.
Enforcement. It shall be the duty of the Zoning Administrator to administer
and enforce the regulations prescribed herein. Applications for permits and variances shall be
made to the Zoning Administrator upon a form published for that purpose. Applications
required by this Article to be submitted to the Zoning Administrator shall be promptly
considered and granted or denied. Applications for action by the Board of Supervisors shall
be forthwith transmitted by the Zoning Administrator.
13.
Conflicting Regulations. Where there exists a conflict between any of the
regulations or limitations prescribed in this Article and any other regulations applicable to the
same area, whether the conflict be with respect to the height of structures or trees, and the use

104

of land, or any other matter, the more stringent limitation or requirement shall govern or
prevail.
14.
Severability. If any of the provisions of this Article or the application thereof
to any person or circumstances are held invalid, such invalidity shall not affect other
provisions or applications of this Article which can be given effect without the invalid
provision or application, and to this end, the provisions of this Article are declared to be
severable.
For state law mandating this section, see Va. Code §15.22294. For state law authority, see Va. Code §15.2-2283
and §15.2-2284. For definition of “Structure,” see Va.
Code §5.1-25.1. For other state provisions regarding
aircraft noise attenuation features in buildings and
structures within designated airport noise zones see Va.
Code §15.2-2295.
Editor’s note: Va. Code §15.2-2295 authorizes, but does not require, the adoption of one or more
noise overlay zones as an amendment to a locality’s zoning map. Where such overlay zones are
adopted, certain notice requirements must be followed, including the placement of a statement on all
recorded surveys, subdivision plats and all final site plans approved after January 1, 2003, giving
notice that the parcel of property either partially or wholly lies within an airport noise overlay zone.
However, the statute further provides that its requirements shall not affect any local aircraft noise
attenuation regulations or ordinances adopted prior to the effective date of such act, subject to stated
conditions. §22-16.1 et seq. of this Code provide for base zones as airport districts, not overlay zones,
and these provisions were adopted on September 5, 1989, and are therefore unaffected by the
requirements of Va. Code §15.2-2295 as noted above.
Cross-references: See also “1993 Land Use Plan, Lynchburg Regional Airport, Lynchburg,
Virginia,” dated March 1994, by Delta Airport Consultants, Inc., Richmond, Virginia, and also
“Exhibit A,” Lynchburg Regional Airport, Lynchburg, Virginia, dated March 1994, by Delta Airport
Consultants, which exhibit shows tax map parcels (with deed book and page references) and property
lines.

ARTICLE VIII-A. OVERLAY DISTRICTS.
Sec. 22-16.2. Overlay districts in general.
A.
Purpose of districts. Overlay districts, as presented in this Article or elsewhere in
this Code, are created for the purpose of imposing special regulations in given designated areas of the
County to accomplish stated purposes that are set forth for each overlay district. Overlay districts
shall be in addition to, and shall overlap and overlay, all other zoning districts so that any parcel of
land lying in an overlay district shall also lie in one or more of the other zoning districts provided for
by this Chapter. All regulations of the underlying zoning districts shall be applicable except as
modified by the regulations imposed by the overlay district.

105

B.
Establishment and mapping of overlay districts. Overlay districts shall be
established as set forth in this Chapter in §22-3 and §22-4 of this Code for the creation of zoning
districts and in accordance with the provisions of state law. When so established, the boundaries of
overlay districts shall be as shown on the official zoning map as provided in this Chapter.

Sec. 22-16.3. Landfill Area Overlay District (LAO)
A.
Legislative Intent. It is the intent of this LAO district to provide for the general
development of land in proximity to the County landfill consistent with the development goals
reflected in the Campbell County Comprehensive Plan. Furthermore, the LAO district is intended to
promote the health, safety and general welfare of the public by ensuring connection to a public water
system and limiting construction near the boundaries of the landfill property.
B.

Reserved.

C.

Boundaries of the LAO district.

1.
The boundaries of the Landfill Area Overlay district are hereby established on
the official zoning map of Campbell County and made part of the applicable regulations for
all properties shown on the zoning district map. In addition, all other district regulations that
apply to such official zoning map shall apply to the LAO district unless modified by this
Division. The LAO district boundaries are defined as follows:
All the property within a circular boundary extending a one-half mile radius
from a center point on the County landfill property at 79 degrees, 9 minutes,
5.36 seconds, west longitude and 37 degrees, 16 minutes, 45.17 seconds
north latitude.
2.
Any subsequent subdivision or re-subdivision of property will not alter the
boundaries of the LAO district. The Board of Supervisors may alter the boundaries of the
LAO district after notice and public hearing as required by the zoning ordinance.
D.
Permitted uses. Permitted uses in the LAO district are all uses permitted by right or
by special use permit in the underlying zoning district(s), except as specifically modified by ordinance
for the LAO district.
E.
Lot area and frontage. The minimum required lot area and frontage shall be the same
as in the underlying zoning district, except as specifically modified by ordinance for the LAO district.
F.

Development standards.

1.
Setbacks. The setbacks shall be the same as in the underlying zoning district,
except along any shared boundary line with the County landfill property. Where any lot or
parcel adjoins the County landfill property, a buffer of not less than fifty feet (50’) shall be
established and maintained on such lot or parcel along the boundary line with the County
landfill property. No buildings or structures shall be erected and no land disturbing activities
shall occur within the buffer area, except that either the County or the property owners whose

106

land adjoins the County landfill property may erect barriers and/or fencing to eliminate or
reduce visibility of the landfill, noise from the landfill, and/or increase security. Trees and
other natural vegetation shall remain in place and undisturbed except for normal maintenance
activities necessary to remove dead or dangerous material, or for the installation of
underground utilities. A vegetative buffer shall be installed at the conclusion of construction
at least equal to that which was damaged or removed. Review and approval by the Zoning
Administrator is required prior to any disturbance within the buffer area. Campbell County
shall observe the same buffer requirement along its side of the shared boundary line, such that
the total combined undisturbed buffer along the perimeter of the County landfill shall be one
hundred feet (100’) in width. This buffer area requirement shall not require the removal or
alteration of any nonconforming building or structure that existed prior to the effective date
of this ordinance. Any such nonconforming use shall be subject to the provisions of §22-7 et
seq. of this Code.
2.
Utilities. All development or redevelopment within the LAO district occurring
after the effective date of this ordinance shall be served by an approved public water system.
No new wells shall be permitted. Existing wells may continue to be used in compliance with
the regulations of the Virginia Department of Health. However, an existing well shall not be
replaced with any source of water other than an approved public water system unless no such
approved public water system is available to the property line of the property in question.
However, groundwater monitoring wells shall be allowed to be installed as necessary.
Sec. 22-16.4. Transportation Corridor Overlay District (TCO).
A.
Legislative intent. It is the intent of the Board of Supervisors in enacting this
Transportation Corridor Overlay district to provide for the orderly development along certain
highway frontages within the County and within the development goals reflected in the Campbell
County Comprehensive Plan and good zoning practice. Further, the Transportation Corridor Overlay
district is intended to maintain the long-term functionality of certain primary highways; to limit access
and the number of conflict points; to promote vehicular circulation; and to promote the prevention or
reduction of traffic congestion and danger in public streets.
The requirements of this Transportation Corridor Overlay district shall be in addition to and
shall overlay all other zoning districts so that any parcel of land lying in the Transportation Corridor
Overlay district shall also lie in one or more of the other zoning districts provided for by this Chapter.
B.
Boundaries. The boundaries of the Transportation Corridor Overlay district are
hereby established on the County’s zoning district map and made a part of the zoning regulations for
all affected properties as set forth below. All other district regulations that apply to such zoning
district map shall apply to the Transportation Corridor Overlay district unless modified by this
division. The Transportation Corridor Overlay district boundaries are defined as follows:
1.
Route 29. All parcels that have frontage on either side of U.S. Highway 29
(Wards Road) from its intersection with State Route 685 (Calohan Road) and extending north
to the Lynchburg City limits.
2.

Reserved for future route designations.

107

3.

Reserved for future route designations.

4.
All affected parcels are included in their entirety at the time this Division is
enacted. Any subsequent subdivision or re-subdivision of property will not alter the
boundaries of the Transportation Corridor Overlay district.
C.
Permitted uses. Permitted uses in the Transportation Corridor Overlay district shall
be all uses permitted by right or by special use permit in the underlying zoning district(s).
D.
Lot area and frontage. The minimum required lot area shall be the same as in the
underlying zoning district. The minimum frontage for any lot along a primary highway shall be eight
hundred feet (800’). The minimum frontage requirement may be reduced to that which is normally
required in the underlying zoning district where there is provided one shared entrance between
adjacent lots or other road construction approved by the Planning Commission, provided that no
additional direct access to the primary highway is proposed.
E.
Development standards. The following development standards shall apply within
the Transportation Corridor Overlay district:
1.
Access. The entrances to a highway within a primary system of state highways
shall be evaluated jointly by the Virginia Department of Transportation and the County.
Direct and convenient vehicular access between adjacent commercial properties shall be
provided unless the Planning Commission determines such access is impractical. Shared
entrances and internal service roads shall be encouraged in order to reduce the number of
direct access points on a highway within a primary system of state highways. The owners of
lots providing for shared entrances or internal service roads shall make adequate provision by
dedication, easements, covenants, restrictions, or other legal instruments in a form approved
by the County Attorney, for ensuring their maintenance and functionality consistent with the
regulations and intent of this Division. Any lot existing at the time of enactment of this
Division and having frontage on a highway within a primary system of state highways shall
not be denied access to that highway if no reasonable alternative access is possible at the time
of development as determined by the Planning Commission.
2.
Turning Lanes. Whenever required by the Virginia Department of
Transportation or the County, businesses or other uses requiring off-street parking shall
provide turning lanes at their intersections with primary highways. Such turning lanes shall
be designed, spaced and constructed in accordance with the then current Virginia Department
of Transportation Standards.
3.
Traffic Management. Site plans for uses which abut directly on a highway
within a primary system of state highways shall include traffic management improvements
sufficient to prevent undue traffic congestion and protect against other safety hazards related
to ingress and egress. No new signalized intersections shall be proposed unless specifically
authorized by the Board of Supervisors. No net increase in the number of median crossovers
shall be proposed. The installation of a new median crossover shall be accompanied by a
plan to close an existing crossover within the same Transportation Corridor Overlay district.
The relocation of a crossover requires approval by the Board of Supervisors and the Virginia

108

Department of Transportation. Crossovers may be improved in their current location with the
approval of the Virginia Department of Transportation.
4.
Parking. Where parking areas are required to serve permitted uses, such
parking areas shall be arranged so that vehicular and pedestrian circulation among or between
various businesses can be accomplished without reentering a highway within a primary system
of state highways. The number of required parking spaces shall be that which is required by
the Zoning Ordinance, except that the Planning Commission may reduce the total number of
required spaces up to fifteen percent when the site plan provides for shared parking and
adequate circulation between multiple businesses.
5.
Setbacks. No buildings or additions shall be constructed within fifty feet (50’)
of the right-of-way line of a highway within a primary system of state highways. A greater
setback shall be enforced when required by the underlying zoning district.
6.
Signage: The signage requirements shall be the same as in the underlying
zoning district except that no signs larger than one hundred square feet (100 ft.2) or taller than
twenty feet (20’) shall be constructed within fifty feet (50’) of the right-of-way line of a
highway within a primary system of state highways. Only one such sign may be installed per
lot. The restrictions of this section apply only to freestanding signs and sign structures.
7.
Residential and Agricultural. No new residential or agricultural lots may be
established so that the front lot line abuts a highway within a primary system of state
highways. All new non-commercial subdivision lots shall be arranged so that the main access
or driveway enters the property from a street within the state secondary system of highways.
In the case of a family division, access may be provided by easement across the existing
private drive. No new access from the primary highway will be permitted.
For state law authority for this section, see Va. Code
§15.2-2286(A)(7).

ARTICLE IX. ADDITIONAL REGULATIONS IN ALL ZONES
Division A. Parking.
Sec. 22-17:1. Parking.
A.
Parking, generally. In all zoning districts, parking areas shall be provided in
connection with and as an accessory to each and every use.
1.
The number of parking spaces to be provided for each use shall be sufficient
to provide reasonable parking for persons residing on, employed on, or patronizing the
premises served.
2.

Parking shall be provided on the premises to be served:

109

vii.

A specific exception may be granted in writing by the Zoning
Administrator due to the size of existing lots and structures on the
premises. The Zoning Administrator may confer with VDOT or other
public agencies in making a determination. If an exception is granted,
the minimum required number of parking spaces shall be provided
through any existing on-premises parking, legal on-street parking,
and/or off-premises parking with the written permission of the owner
of the off-premises property.

viii.

The Zoning Administrator shall not grant any exception to the onpremises parking requirement if he finds it to be inconsistent with the
interests of public safety or convenience.

3.
All parking areas and/or sales display/service areas shall be maintained on an
all-weather surface of gravel, surface treating, concrete, asphalt, paving blocks, or similar
unless a specific exception is granted in §22-17(A)(3)(i). Accessible parking spaces, access
aisles, and lanes within the parking area shall be surface treated or paved.
i.

If the frequency of use, volume of traffic, and available land for any use in
the A-1 zoning district does not unduly compromise public safety, the
Zoning Administrator may grant an exception to parking surface
requirements. In such cases, the nature of the exception granted by the
Zoning Administrator will be documented with the zoning permit.
Compliance with all other applicable ordinances and regulations will be
required. Exceptions granted under this section may be revoked for noncompliance, change of use, or negative impacts to public safety.

4.
Parking areas when required for three (3) or more vehicles shall have
individual spaces adequately designated. Single family residential uses are exempt in all
zoning districts.
5.
When parking facilities are illuminated, all illumination shall be so shielded to
prevent any direct reflection toward adjacent properties.
6.
Each space shall have access to a street and shall be so arranged that any
vehicle may be moved without moving another.
7.
Spaces shall be arranged so that no maneuvering directly incidental to entering
or leaving a parking space shall be on any public road, except for legal on-street parking.
8.
Off-premises parking lots containing fewer than ten (10) spaces shall be an
incidental use permitted in any zoning district except Residential Single Family (R-SF). Lots
containing ten (10) or more spaces shall be governed by the permitted and special uses listed
in each zoning district.
7.
In any zoning district, an alternative parking plan deviating from the
requirements of this section for any use may be approved by the Board of Supervisors as a
special use permit, issued in accordance with §22-35 of this Code. The applicant must submit

110

a site plan, showing all proposed parking and a narrative statement describing the use of the
property and the alternative plan requested.
B.
Parking space dimensions. Any offstreet parking space shall have minimum
dimensions of nine feet by eighteen feet (9’ x 18’). Each space shall be unobstructed, shall have
access to a street and shall be so arranged that any vehicle may be moved without moving another.
C.
Commercial vehicular parking. Routine parking of commercial vehicles in an RSF or R-MF district shall be prohibited, except that one commercial vehicle with a gross vehicle
weight rating as defined in Va. Code §46.2-341.4 of less than ten thousand (10,000) pounds, or one
panel van, panel truck or step van, each with a cargo area length of less than fourteen feet (14’), may
be parked off-street overnight on any lot in an R-SF or R-MF district.
D.
Parking for Persons with Disabilities. Parking spaces accessible for individuals with
disabilities shall be provided in accordance with the provisions of the Americans with Disabilities
Act of 1990 (42 USCS §§12101 et seq.) and the Virginia Uniform Statewide Building Code.
For state law authorizing these regulations, see Va. Code
§15.2-2283, §15.2-2284, and Va. Code §36-99.11. For
state law regulating parking for persons with
disabilities, see Va. Code §46.2-1240 et seq.
Cross reference: For Federal Americans with Disabilities Act of 1990, see 42 USCS §§12101 et seq.,
as amended. For local ordinance regulating parking in spaces reserved for individuals with
disabilities, see §15-8.1 of this Code.
Sec. 22-17:2. Parking in Designated Areas.
A.

As used in this section:

“Bus rapid transit” means a rubber-tired bus transit system with features such as frequent
service, dedicated lanes, traffic signal priority, and enhanced stations.
“Designated area” means any parcel located within one-half mile of the entrance to a mass
transit or public transportation station or facility. For purposes of this definition, "mass transit or
public transportation station or facility" means a building or enhanced structure where members of
the general public board or disembark mass transit or public transportation.
“Mass transit or public transportation” means passenger transportation on a fixed route by
rubber-tired, rail, or other surface conveyance providing shared-ride service to the general public on
a regular and continuing basis, including bus rapid transit or other high-capacity transit service as
identified by the Virginia Department of Rail and Public Transportation. “Mass transit or public
transportation” does not include school buses, microtransit, charter or sight-seeing services, a
vehicular ferry service that serves as a link in the highway network, or a human service agency or
other client-restricted transportation.

111

“Microtransit” means a flexible, on-demand, dynamically routed shared-ride passenger
transportation service that operates similarly to traditional public transit but with greater adaptability
to individual trip needs.
B.
For any residential, multifamily, or mixed-use development located within a
designated area the required parking shall be reduced to require no more than:
1.
One-half of one parking space per dwelling unit for multifamily or mixed-use
residential development; and
2.
One parking space per dwelling unit for one-family and two-family dwellings
and townhouses.
C.
Developers may request, by administrative review process filed with the Zoning
Administrator upon forms promulgated for such purpose, a reduction of minimum off-street parking
requirements of not less than twenty percent (20%) for residential, multifamily, or mixed-use
development proposed on parcels not located within a designated area.
Division B. Temporary Buildings.
Sec. 22-17.1:1.

Temporary buildings.

Temporary buildings and office trailers erected in service of a construction project which has
been issued a building permit may be permitted in any district when used in conjunction with
construction work only and erected on the parcel under construction or on a parcel being developed
according to the same development plan or scheme as the parcel under construction, but shall be
removed immediately upon finalization of the last permit in such development plan or scheme.
Sec. 22-17.1:2. Certain temporary structures; limitations.
Nothing in this Code shall require that a special exception or special use permit be obtained
in order to erect a tent on private property (i) intended to serve as a temporary structure for a period
of three (3) days or less and (ii) that will be used primarily for private or family-related events
including, but not limited to, weddings and estate sales.
For state law authority, see Va. Code §15.22288.2.
Division C. Signs.
Sec. 22-17.2. Preamble.
The purpose of this article is to regulate in a content-neutral manner all signs placed on public
or private property for exterior observation in order to protect the public health, safety, and welfare
and to promote orderly growth within Campbell County while preserving the protections of the First
Amendment.
For state law authority, see Va. Code §15.2-2283.

112

Sec. 22-17.3. Signs, definitions.
GENERAL
Affixed: securely fastened by means of metal anchors, bolts, screws, or similar of sufficient
size and anchorage to safely support the loads applied, and that meets all current building code
requirements.
Height: the maximum vertical distance from the base of the sign at normal grade to the top of
the highest attached component of the sign. Normal grade shall be construed to be exclusive of any
filling, berming, mounding, or excavating primarily for the purpose of mounting or elevating the sign.
Nonconforming sign: Any sign structure which was lawfully erected in compliance with
applicable regulations of the County and maintained prior to the effective date of this chapter of the
zoning ordinance and which fails to conform to current standards and restrictions of the zoning
ordinance.
Premises: a parcel or parcels, contiguous or separated by not more than two hundred linear
feet (200’), under the same ownership or control, the primary use of which is the same.
Public area: any public place, public right-of-way, any parking area or right-of-way open to
use by the general public, or any navigable body of water.
Sign: any device (writing, letter work or numeral, pictorial presentation, illustration or
decoration, emblem, symbol or trademark, flag, banner, or pennant, or any other figure or character)
designed to communicate ideas or information and visible to persons in a public area.
Sign area: Signs shall use the entire sign face, including the advertisement surface and any
framing, trim, or molding but not including the supporting structure to determine sign area. For the
purposes of computing sign area only one side, or the larger side if different, of a double-faced sign
shall be considered. A double-faced sign must have an internal angle between its two faces of no
more than 45 degrees. An individually mounted or painted letter sign shall be computed based on the
smallest projected rectangle around each line of characters.
Sign structure: any structure bearing a sign.
Unit: individual, separated, inhabitable space within a shared building or premises for
commercial or industrial uses, that is leased to a person or entity separate and distinct from the owner
of the building or premises.
SIGN TYPES
Banner: a temporary sign of flexible material designed to be installed with attachments along
more than one of its edges.
Flag: a piece of cloth or similar material that is typically oblong or square and attachable by
one edge for display.

113

Flat sign: any sign with no structural components that is placed on a structure designed to
serve a purpose other than to support the sign (such as a roof, wall, fence, or similar), using paint,
vinyl, or similar two-dimensional medium, or that is debossed or incised to a depth no greater than
one (1) inch.
Freestanding sign: any non-portable sign affixed to and supported by upright structural
members or braces on or in the ground, and not attached to a structure.
Minor sign: a wall-mounted or freestanding sign not exceeding six square feet (6 ft.2) in area,
not exceeding four feet (4’) in height, and not illuminated.
Monument sign: a sign affixed to a structure built on grade in which the sign and the structure
are an integral part of one another; not attached to a building and not a freestanding sign.
Temporary sign: a sign that is neither permanently installed in the ground nor permanently
affixed to a building or structure which is permanently installed in the ground, or signs that do not
require a building permit under the Virginia Uniform Statewide Building Code. A temporary sign is
allowed without a zoning permit and may be in place for an indefinite period of time.
Tenant sign structure: a single sign structure identifying several tenants or units on the same
premises. Where permitted, any parcel or premises regardless of the form of ownership, that includes
two (2) or more units, shall use a single sign structure – freestanding or monument – the sign area of
which shall be no greater than three hundred square feet (300 ft.2). Individual units may use this sign
structure and each unit’s signage in said structure counts towards that unit’s total aggregate sign area
allowed (three hundred square feet (300 ft.2)) allowed on either the tenant sign structure or on the
premises. Individual tenants are not permitted additional sign structures, but are permitted signs
attached to the place of business or operation.
Tenant sign: That portion of signage within a tenant sign structure allotted to an individual
tenant or unit.
For state law authority, see Va. Code §15.2-2283. See
also Va. Code §33.2-1200 et seq., especially Va. Code
§33.2-1216.
Sec. 22-17.4. Signs, general requirements.
A.
Building Code. All signs shall comply with the applicable requirements of the
Virginia Uniform Statewide Building Code, any applicable state law, and any regulations
promulgated by the Commonwealth Transportation Board pursuant thereto. In the event of conflicting
laws or regulations, the most restrictive or that imposing higher standards shall govern.
B.
Setbacks. Front yard setback requirements shall not apply to any sign. All signs
requiring a permit shall be subject to the same side and rear yard setbacks imposed upon accessory
structures in the zoning district in which said sign is located, except as otherwise provided herein. All
portions of the sign, including overhangs, must meet applicable setbacks.

114

C.
Maximum Height. The maximum height for any sign shall be the same as the
maximum height allowed for the zoning district in which the sign is located, except as otherwise
provided herein or for those in the Transportation Corridor Overlay.
D.
Illumination. All permitted signs may be backlit, internally lighted, or indirectly
lighted, unless such lighting is specifically prohibited in this Division or by other applicable law.
Illumination shall be directed or shielded to prevent any direct reflection toward adjacent properties
such that it illuminates only the face of the sign. Indirect lighting shall be substantially confined to
the sign to minimize glare, sky glow, and light trespass. The beam width shall not be wider than that
needed to light the sign.
E.
Overlay district regulations. Refer to §22-16.4 for all signs located within the
Transportation Corridor Overlay at Wards Road/Route 29.
For state law authority, see Va. Code §15.2-2283. See
also Va. Code §33.2-1200 et seq., especially Va. Code
§33.2-1216.
Sec. 22-17.5. Off-premises signs.
Off-premises signs shall be regulated by applicable state and federal law.
Sec. 22-17.6. Non-conforming signs.
A.
Signs lawfully existing on the effective date of this chapter or prior ordinances,
regardless of the content of the sign, which do not conform to the provisions of this chapter shall be
deemed to be nonconforming signs and may remain except as qualified below. The burden of
establishing nonconforming status of signs and of the physical characteristics/location of such signs
shall be that of the owner of the property.
B.
Nothing in this section shall be deemed to prevent keeping in good repair a
nonconforming sign. Nonconforming signs shall not be altered in any manner, except a sign face may
be changed so long as the new face is equal to or reduced in height and/or sign area.
C.
No nonconforming sign shall be moved for any distance on the same lot or to any
other lot unless such change in location will make the sign conform in all respects to the provisions
of this article.
D.
A nonconforming sign that is destroyed or damaged by any casualty to an extent not
exceeding fifty percent (50%) of its area may be restored within two (2) years after such destruction
or damage but shall not be enlarged in any manner. If such sign is so destroyed or damaged to an
extent exceeding fifty percent (50%), it shall not be reconstructed but may be replaced with a sign
that is in full accordance with the provisions of this article.
E.
Nothing in this chapter shall be construed to prevent the County of Campbell, after
making a reasonable attempt to notify such property owner, from ordering the removal of a
nonconforming sign that has been abandoned. A nonconforming sign shall be considered abandoned
if the entity for which the sign was erected has not been in operation for a period of at least two (2)

115

years. Following the expiration of the two-year period any abandoned nonconforming sign shall be
removed by the owner of the property on which the sign is located, if notified by the County of
Campbell to do so. If, following such two-year period, the County has made a reasonable attempt to
notify the property owner, the County through its own agents or employees may enter the property
upon which the sign is located and remove any such sign whenever the owner has refused to do so.
The cost of such removal shall be chargeable to the owner of the property. Nothing herein shall
prevent Campbell County from applying to a court of competent jurisdiction for an order requiring
the removal of such abandoned nonconforming sign by the owner by means of injunction or other
appropriate remedy.
For state law authority, see Va. Code §15.2-2307.
Sec. 22-17.7. Sign types allowed per zoning district.
‘sf’ is an abbreviation for ‘square feet’
A.

Residential districts
Maximum Sign Area
per parcel (sf)

Maximum Number
of Signs per parcel

48

2

Do not count toward total area
allowed

Maximum Sign Area
per sign (sf)

Maximum Number
of Signs per parcel

Temporary Signs
(exceeding 6 sf)

32

1

Temporary Signs (6 sf or
less)

6

6

Flags

48

unlimited

Flat Signs

16

2

Maximum Sign Area
per premises (sf)

Maximum Number
of Signs per parcel

100

unlimited

Do not count toward total area
allowed

Maximum Sign Area
per sign (sf)

Maximum Number
of Signs per parcel

Temporary Signs
(exceeding 6 sf)

32

1

Temporary Signs (6 sf or
less)

6

unlimited

Flags

48

unlimited

Counts toward total area allowed
Signs

B.

Agricultural districts

Counts toward total area allowed
Signs

116

Flat Signs

32

unlimited

Maximum Sign Area
per premises or unit
(sf)

Maximum Number
of Signs per parcel

300

unlimited

Do not count toward total area
allowed

Maximum Sign Area
per sign (sf)

Maximum Number
of Signs per parcel

Tenant Sign Structure

300

2

Temporary Signs
(exceeding 6 sf)

48

1

Temporary Signs (6 sf or
less)

6

unlimited

Flags

96

unlimited

Flat Signs

32

unlimited

Maximum Sign Area
per premises or unit
(sf)

Maximum Number
of Signs per parcel

300

unlimited

Do not count toward total area
allowed

Maximum Sign Area
per sign (sf)

Maximum Number
of Signs per parcel

Tenant Sign Structure

300

2

Temporary Signs
(exceeding 6 sf)

48

1

Temporary Signs (6 sf or
less)

6

unlimited

Flags

96

unlimited

Flat Signs

32

unlimited

C.

Business districts

Counts toward total area allowed
Signs, including Tenant
Signs

D.

Industrial districts

Counts toward total area allowed
Signs, including Tenant
Signs

For state law authority, see Va. Code §15.2-2280 and
§15.2-2283.
Sec. 22-17.8. Permits.

117

A.
Permit required. A permit is required prior to the display and erection of any sign
except as provided in §22-17.8(b) of this Code.
B.
Permit not required. A zoning permit is not required for the following, although a
building permit may be required:

1.
The changing of a sign message, including on marquees or ‘face’ changes,
where no change to the size, height, structure, or support is made.
2.

Temporary signs

3.

Flags

4.

Pavement markings

5.
Window signs (any sign painted upon, attached to, and/or placed less than 24
inches inside a glass window or door, and which is intended for viewing from the exterior of
such building).
6.

Gravestones and burial markers

7.

Signs on, and incidental and original to, mechanical equipment

8.

Signs required by state or federal law

9.

Wayfinding signs
For state law authority, see Va. Code §15.2-2280 and
§15.2-2283.

Sec. 22-17.9. Prohibited signs.
A.

Signs requiring a permit shall not be attached to natural vegetation.

B.

Signs that emit smoke, flame, scent, mist, aerosol, liquid, gas, or sound are prohibited.
For state law authority, see Va. Code §15.2-2280 and
§15.2-2283.
Division D. Standards for Telecommunication Antennas and Towers

Sec. 22-17.10. Telecommunication Antennas and Towers.
The provisions of this division (§22-17.10 through §22-17.22, both inclusive) shall be
applicable to the construction, maintenance, operation and dismantling of telecommunication or other
antennas and towers. The purpose of this division is to establish general guidelines for the siting of
telecommunication or other towers and antennas and to set forth criteria to be considered by the Board

118

of Supervisors in considering applications for Special Use Permits required pursuant to this chapter.
The goal of this division is to (i) encourage the location of towers in order to maximize the benefits
of telecommunications services while also minimizing the total number of towers and tower sites
throughout Campbell County, (ii) encourage strongly the joint use of new and existing tower sites,
(iii) encourage users of towers and antennas to locate them, to the extent possible, in areas where the
adverse impact on the community is minimal, (iv) encourage users of towers and antennas to
configure them in a way that minimizes the adverse visual impact of the towers and antennas, (v)
provide adequate sites for the provision of telecommunication service with minimal negative impact
on the resources of the County, (vi) facilitate the creation of convenient, attractive and harmonious
communities, (vii) protect against overcrowding of land, obstruction of light and air, danger and
congestion in travel and transportation, (viii) encourage economic development activities that provide
desirable employment and enlarge the tax base, (ix) provide for the preservation of agriculture and
forestal lands and other lands of significance for the protection of the natural environment, and (x)
protect approach slopes and other safety areas of licensed airports, including United States
government and military air facilities.
For state law authority, see Va. Code §15.2-1200, §15.22283, and §15.2-2284. See also 47 USC §332(c)(7)(A).
Sec. 22-17.11. Definitions.
The following terms, when used in this division, shall have the meaning ascribed to them
below, unless otherwise clearly required by the context:
Administrative review-eligible project. A project that provides for:
1.
The installation or construction of a new structure that is not more than 50 feet
above ground level, provided that the structure with attached wireless facilities is (i) not more
than 10 feet above the tallest existing utility pole located within 500 feet of the new structure
within the same public right-of-way or within the existing line of utility poles; (ii) not located
within the boundaries of a local, state, or federal historic district; (iii) not located inside the
jurisdictional boundaries of a locality having expended a total amount equal to or greater than
35 percent of its general fund operating revenue, as shown in the most recent comprehensive
annual financial report, on undergrounding projects since 1980; and (iv) designed to support
small cell facilities; or
2.
The co-location on any existing structure of a wireless facility that is not a
small cell facility.
Alternative tower structure. Man-made trees, clock towers, bell steeples, lightpoles and
similar alternative-design mounting structures that camouflage or conceal the presence of antennas
or towers.
Antenna. Any apparatus designed for telephonic, data, radio, or television communications
through the sending and/or receiving of electromagnetic waves.
Base station. A station that includes a structure that currently supports or houses an antenna,
transceiver, coaxial cables, power cables, or other associated equipment at a specific site that is

119

authorized to communicate with mobile stations, generally consisting of radio transceivers, antennas,
coaxial cables, power supplies, and other associated electronics.
Co-locate. To install, mount, maintain, modify, operate, or replace a wireless facility on,
under, within, or adjacent to a base station, building, existing structure, utility pole, or wireless support
structure. "Co-location" has a corresponding meaning.
Existing structure. Any structure that is installed or approved for installation at the time a
wireless services provider or wireless infrastructure provider provides notice to a locality or the
Department of an agreement with the owner of the structure to co-locate equipment on that structure.
"Existing structure" includes any structure that is currently supporting, designed to support, or capable
of supporting the attachment of wireless facilities, including towers, buildings, utility poles, light
poles, flag poles, signs, and water towers.
FAA. The Federal Aviation Administration.
FCC. The Federal Communications Commission.
Height. When referring to a tower or other structure, the distance measured from ground level
to the highest point on the tower or other structure, even if the highest point is an antenna or lightning
rod.
Micro-wireless facility. A small cell facility that is not larger in dimension than 24 inches in
length, 15 inches in width, and 12 inches in height and that has an exterior antenna, if any, not longer
than 11 inches.
Small cell facility. A wireless facility that meets both of the following qualifications: (i) each
antenna is located inside an enclosure of no more than six cubic feet in volume, or, in the case of an
antenna that has exposed elements, the antenna and all of its exposed elements could fit within an
imaginary enclosure of no more than six cubic feet and (ii) all other wireless equipment associated
with the facility has a cumulative volume of no more than 28 cubic feet, or such higher limit as is
established by the Federal Communications Commission. The following types of associated
equipment are not included in the calculation of equipment volume: electric meter, concealment,
telecommunications demarcation boxes, back-up power systems, grounding equipment, power
transfer switches, cut-off switches, and vertical cable runs for the connection of power and other
services.
Temporary support structure. A monopole or portable wireless communications facility used
to provide wireless voice, data, or image transmission within a designated area. A temporary support
structure does not have a permanent location on the ground, including the pouring of a concrete
footing or the laying of a permanent foundation.
Tower. Any structure that is designed and constructed primarily for the purpose of supporting
one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The
term includes radio and television transmission towers, microwave towers, common-carrier towers,
cellular telephone towers, alternative tower structures, and the like.
Sec. 22-17.12. Applicability of this division; exceptions.

120

The provisions of this division shall apply in any zoning district in Campbell County in which
telecommunication antennas and/or towers are permitted under the specific regulations applicable to
that zoning district, except as otherwise stated herein. A proposed telecommunications tower or a
facility constructed by an entity organized pursuant to Va. Code §56-231.15 et seq. shall be deemed
to be substantially in accord with the comprehensive plan and Planning Commission approval shall
not be required if the proposed telecommunications tower or facility is located in a zoning district
that allows such telecommunications towers or facilities by right.
A.
Height limitations. The requirements set forth in this division shall govern the
location of towers that exceed, and antennas that are installed at greater than, fifty feet (50’) in height.
B.

Amateur radio and receive-only antennas.

1.
Except as specified in this section, this division shall not govern any tower, or
the installation of any antenna, that is (1) under fifty feet (50’) in height and owned and
operated by a federally-licensed amateur radio station operator or (2) used exclusively for
receive-only antennas for amateur radio station operation.
2.
This division shall not be deemed to (i) restrict amateur radio antenna height
to less than two hundred feet (200’) above ground level as permitted by the Federal
Communications Commission or (ii) restrict the number of support structures.
3.
Reasonable and customary engineering practices shall be followed in the
erection of amateur radio antennas, regardless of height.
4.
Amateur radio antennas, regardless of height, shall be subject to requirements
contained in this division and elsewhere in this Code relating to the use of screening, setback,
placement, and health and safety requirements. Pursuant to state law, any such requirements
prescribed by ordinance shall reasonably accommodate amateur radio antennas and shall
impose the minimum regulation necessary to accomplish the legitimate purpose of Campbell
County.
C.

Existing structures and towers.

1.
The placement of an antenna on or in an existing structure such as a building,
sign, light pole, water tank, or other free-standing structure or existing tower or pole shall be
permitted by right so long as the addition of said antenna shall not add more than twenty feet
(20’) in height to said structure or tower and shall not require additional lighting pursuant to
FAA or other applicable requirements and shall not violate any specific conditions of an
existing special use permit on the structure or tower. Such permitted use also may include the
placement of additional buildings or other supporting equipment used in connection with said
antenna so long as such building or equipment is placed within the existing structure or
property and is necessary for such use.
2.
Reasonable and customary engineering practices shall be followed in the
placement of any such antenna or supporting equipment on or in an existing structure as
described above.

121

3.
Placement of such antenna, as well as the placement of additional buildings or
other supporting equipment used in connection with said antenna, shall be subject to
requirements contained in this division and elsewhere in this Code relating to the use of
screening, setback, placement, and health and safety requirements.
D.

Small Cell Facilities.

1.
No zoning permit shall be required for any small cell facility installed by a
wireless services provider or wireless infrastructure provider on an existing structure,
provided that the wireless services provider or wireless infrastructure provider (i) has
permission from the owner of the structure to co-locate equipment on that structure and (ii)
notifies the locality in which the permitting process occurs.
2.
No special use permit shall be required for the installation of a small cell
facility by a wireless services provider or wireless infrastructure provider on an existing
structure. The Zoning Administrator shall be authorized to issue a zoning permit for such a
small cell facility following an administrative review process as described in this subsection.
An applicant may submit up to 35 permit requests on a single application. In addition:
i.
The Zoning Administrator shall approve or disapprove the application
within 60 days of receipt of the complete application. Within ten (10) days after receipt
of an application and a valid electronic mail address for the applicant, the Zoning
Administrator shall notify the applicant by electronic mail whether the application is
incomplete and specify any missing information; otherwise, the application shall be
deemed complete. Any disapproval of the application shall be in writing and
accompanied by an explanation for the disapproval. The 60-day period may be
extended by the locality in writing for a period not to exceed an additional thirty (30)
days. The application shall be deemed approved if the locality fails to act within the
initial 60 days or an extended 30-day period.
ii.
The application shall be accompanied by a fee in the amount of one
hundred dollars ($100.00) each for up to five small cell facilities on a single permit
application; and fifty dollars ($50.00) for each additional small cell facility on the
permit application.
iii.
or delayed.

Approval for a permit shall not be unreasonably conditioned, withheld,

iv.
The Zoning Administrator may disapprove a proposed location or
installation of a small cell facility only for the following reasons:
a.

Material potential interference with other pre-existing communications
facilities or with future communications facilities that have already
been designed and planned for a specific location or that have been
reserved for future public safety communications facilities;

b.

The public safety or other critical public service needs;

122

c.

Only in the case of an installation on or in publicly owned or publicly
controlled property, excluding privately owned structures where the
applicant has an agreement for attachment to the structure, aesthetic
impact or the absence of all required approvals from all departments,
authorities, and agencies with jurisdiction over such property; or

d.

Conflict with an applicable local ordinance adopted pursuant to §
15.2-2306, or pursuant to local charter on a historic property that is not
eligible for the review process established under 54 U.S.C. § 306108.

v.
Nothing shall prohibit an applicant from voluntarily submitting, and
the County from accepting, any conditions that otherwise address potential visual or
aesthetic effects resulting from the placement of small cell facilities.
vi.
Nothing in this section shall preclude the County from adopting
reasonable rules with respect to the removal of abandoned wireless support structures
or wireless facilities.
E.
Notwithstanding anything to the contrary in this section, the installation, placement,
maintenance, or replacement of micro-wireless facilities that are suspended on cables or lines that are
strung between existing utility poles in compliance with national safety codes shall be exempt from
locality-imposed permitting requirements and fees.
For state law authority for provisions regarding amateur
radio antennas, see Va. Code §15.2-2293.1. See also
Va. Code §15.2-2232(G).
Sec. 22-17.13. General guidelines and requirements.
A.
Principal or accessory use. For purposes of determining compliance with area
requirements, antennas and towers may be considered either principal or accessory uses. An existing
use or an existing structure on the same lot shall not preclude the installation of antennas or towers
on such lot. For purposes of determining whether the installation of a tower or antenna complies
with zoning district regulations, the dimensions of the entire lot shall control, even though the
antennas or towers may be located on leased areas within such lots.
B.
Inventory of existing sites. Each applicant for a permit under this division shall
provide to the Planner or Zoning Administrator, upon request, an inventory of its existing facilities
that are within the locality, including specific information about the location, height, and existing use
and available capacity of each tower. The staff may share such information with other applicants
applying for approvals or special use permits under this ordinance or other organizations seeking to
locate antennas within the jurisdiction of the locality, provided, however, that the staff shall not, by
sharing such information, in any way represent or warrant that such sites are available or suitable.
C.
Design. The requirements set forth in this section shall govern the location of all
towers and the installation of all antennas governed by this ordinance:

123

1.
Towers shall either maintain a galvanized steel finish or, subject to any
applicable standards of the FAA, be painted a neutral color, so as to reduce visual
obtrusiveness. Dish antennas will be of a neutral, non-reflective color with no logos.
2.
At a facility site, the design of the buildings and related structures shall, to the
extent possible, use materials, colors, textures, screening, and landscaping that will blend the
tower facilities to the natural setting and surrounding structures.
3.
If an antenna is installed on a structure other than a tower, the antenna and
supporting electrical and mechanical equipment must be of a neutral color that is identical to,
or closely compatible with, the color of the supporting structure so as to make the antenna and
related equipment as visually unobtrusive as possible.
4.
Towers shall not be artificially lighted, unless required by the FAA or other
applicable authority. If lighting is required, such lighting shall be in strict compliance with
the regulations of the FAA. Such lighting shall be oriented inward so as not to project onto
surrounding property provided that such orientation is in compliance with applicable FAA
regulations.
5.
No advertising of any type may be placed on the tower or accompanying
facility unless as part of retrofitting an existing sign structure.
6.
To permit co-location, the tower shall be designed and constructed to permit
extensions to a height of at least one hundred ninety-nine feet (199’), subject to FAA
regulations. A waiver of this requirement can be granted only through the special use permit
process and cannot be based solely on the cost of construction.
7.
Towers shall be designed to collapse within the lot lines in the case of structural
failure. Lot lines refer to those of the parent parcel and not a leased area or easement for the
tower.
8.
All towers must meet or exceed current standards and regulations of the FAA,
the FCC, and any other agency of the federal government with the authority to regulate towers
and antennas.
9.
To ensure the structural integrity of towers, the owner of a tower shall ensure
that it is both installed and maintained in compliance with standards contained in applicable
federal, state and local building codes and regulations.
D.
Information required. Each applicant requesting a permit under this ordinance shall
submit the following:
1.
A scaled plan and a scaled elevation view and other supporting drawings,
calculations, and other documentation, signed and sealed by appropriate licensed
professionals, showing the location and dimensions of all improvements, including
information concerning topography, tower height requirements, setbacks, drives, parking,
fencing, landscaping and adjacent uses.

124

2.
An engineering report, certifying that the proposed tower is compatible for
co-location with a minimum of three (3) users, including the primary user. The report shall
also include information as to the height of the proposed tower at initial construction and its
ability to be extended.
3.
4.
agencies.

A copy of its co-location policy.
Copies of correspondence and/or approvals from applicable federal and state

5.
Actual photographs of the site and, to the extent possible, those photographs
shall include a simulated photographic image of the proposed tower. A photograph with the
simulated image shall include the foreground, the midground, and the background of the site.
This requirement will be waived when no special use permit is required.
6.
Copies of propagation maps demonstrating that tower heights and location are
appropriate to meet the goals of this division as stated in §22-17.10. This requirement may be
waived by the Zoning Administrator when it is not deemed applicable to the type of antenna
proposed.
7.
Evidence that no existing tower or structure can accommodate the applicant’s
proposed antenna as stated in §22-17.15.
Cross reference: For application procedures for special use permit, see §22-35 of this Code. See also
Va. Code §15.2-2232(F).
Sec. 22-17.14. Factors considered in granting special use permits for new towers.
The applicant shall obtain a special use permit from the Board of Supervisors before erecting
towers or antennas covered by these sections and other applicable sections of this Chapter.
A.

Factors to be Considered

The Board of Supervisors shall consider the following factors in determining whether to issue
a special use permit:
1.
2.
boundaries;

Height of the proposed tower;
Proximity of the tower to residential structures and residential district

3.

Nature of the uses on adjacent and nearby properties;

4.

Surrounding topography;

5.

Surrounding tree coverage and foliage;

125

6.
Design of the tower, with particular reference to design characteristics that
have the effect of reducing or eliminating visual obtrusiveness;
7.

Proposed ingress and egress;

8.

Co-location policy;

9.

Language of the lease agreement dealing with co-location;

10.

Consistency with the comprehensive plan and the purposes to be served by

11.
below; and

Availability of suitable existing towers and other structures as discussed

zoning;

12.
B.

Proximity to commercial or private airports.

Factors Not to be Considered.

The Board of Supervisors shall not consider, nor shall they disapprove any application on the
basis of:
1.
The applicant's business decision with respect to its designed service, customer
demand for service, or quality of its service to or from a particular site;
2.
The applicant's specific need for the project, including the applicant's desire to
provide additional wireless coverage or capacity; or
3.
C.

The wireless facility technology selected by the applicant for use at the project.

Prohibitions.

The Board of Supervisors shall not:
1.
Require an applicant to provide proprietary, confidential, or other business
information to justify the need for the project, including propagation maps and
telecommunications traffic studies, or information reviewed by a federal agency as part of the
approval process for the same structure and wireless facility, provided that a locality may
require an applicant to provide a copy of any approval granted by a federal agency, including
conditions imposed by that agency;
2.
Require the removal of existing wireless support structures or wireless
facilities, wherever located, as a condition for approval of an application. A locality may adopt
reasonable rules with respect to the removal of abandoned wireless support structures or
wireless facilities;
3.
Impose surety requirements, including bonds, escrow deposits, letters of credit,
or any other types of financial surety, to ensure that abandoned or unused wireless facilities

126

can be removed, unless the locality imposes similar requirements on other permits for other
types of similar commercial development. Any such instrument shall not exceed a reasonable
estimate of the direct cost of the removal of the wireless facilities;
4.
Discriminate or create a preference on the basis of the ownership, including
ownership by the locality, of any property, structure, base station, or wireless support
structure, when promulgating rules or procedures for siting wireless facilities or for evaluating
applications;
5.
Impose any unreasonable requirements or obligations regarding the
presentation or appearance of a project, including unreasonable requirements relating to (i)
the kinds of materials used or (ii) the arranging, screening, or landscaping of wireless facilities
or wireless structures;
6.
Impose any requirement that an applicant purchase, subscribe to, use, or
employ facilities, networks, or services owned, provided, or operated by a locality, in whole
or in part, or by any entity in which a locality has a competitive, economic, financial,
governance, or other interest;
7.
Condition or require the approval of an application solely on the basis of the
applicant's agreement to allow any wireless facilities provided or operated, in whole or in part,
by a locality or by any other entity, to be placed at or co-located with the applicant's project;
8.
Impose a setback or fall zone requirement for a project that is larger than a
setback or fall zone area that is imposed on other types of similar structures of a similar size,
including utility poles;
9.
Limit the duration of the approval of an application, except a locality may
require that construction of the approved project shall commence within two years of final
approval and be diligently pursued to completion; or
10.
Require an applicant to perform services unrelated to the project described in
the application, including restoration work on any surface not disturbed by the applicant's
project.
For state law authority concerning the consideration of
Wireless Communication Infrastructure Permits, see Va.
Code §15.2-2316.4:2.
Sec. 22-17.14:1. Wireless facility modifications.
A.
Notwithstanding the provisions of this article, Campbell County shall not deny an
application for the modification of an existing wireless facility if:
1.
The requested modification would not substantially change the physical
dimensions of the existing wireless facility;

127

2.
The requested modification involves the (i) co-location of new transmission
equipment, (ii) removal of transmission equipment, or (iii) replacement of transmission
equipment; and
3.
The request meets the requirements of this section. For the purposes of this
subsection, a modification that entails any excavation or deployment adjacent to an existing
wireless support structure or base station, except for wireless support structures or base
stations in public rights-of-way, does not substantially change the physical dimensions of the
existing wireless facility if it entails the excavation or deployment of transmission equipment
within thirty (30) feet, in any direction, of the existing wireless support structure or base
station. The site boundary from which the thirty (30) feet is measured shall exclude any access
or utility easements related to the existing wireless support structure or base station.
B.
When an applicant asserts, in writing, that a request for modification is permitted
pursuant to this section, Campbell County may require the applicant to provide documentation or
information only to the extent reasonably related to determining whether the request meets the
requirements of this section. Campbell County shall not require an applicant to submit any other
documentation, including documentation intended to illustrate the need for such wireless facilities or
to justify the business decision to modify such wireless facilities.
C.
Campbell County shall not impose fees or charges on the applicant that exceed the
one-time, non-recurring reasonable costs actually incurred by the County to review the application.
Campbell County may impose a fee, not to exceed $1,000, for technical consultation and the review
of a co-location or eligible facilities request application. Such fee shall be based on the actual, direct,
and reasonable administrative costs incurred for the review, processing, and approval of an
application. Campbell County may engage a third-party consultant for technical consultation and the
review of a co-location application. The fee imposed by Campbell County for the review of an
application shall not be used for travel expenses incurred during a third-party review of a colocation
application or reimbursement for a consultant or other third party based on a contingent fee basis or
results-based arrangement.
D.
Campbell County shall approve an application made pursuant to this section within
sixty (60) days of the date on which an applicant submits such application, unless Campbell County
determines that the application does not meet the requirements of this section. The sixty-day period
may be tolled only by mutual agreement or in cases where Campbell County determines that an
application is incomplete.
1.
To toll the timeframe for incompleteness, the Campbell County shall provide
written notice to the applicant within thirty (30) days of receipt of the application and shall
clearly and specifically delineate all missing documents or information in such notice. Such
delineated information is limited to documents or information meeting the provisions of
subsection B. The timeframe for review shall begin running again whenever the applicant
submits a supplemental application in response to Campbell County’s not