On the agenda: Page County meeting — data center (Jun 9)
Past ⚠ Agenda Watch Page County, Virginia · Tuesday, June 9, 2026 — 3 months ago
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AGENDA
Page County Planning Commission
Regular Meeting
Board of Supervisors Room- County Government Center
103 South Court Street, Luray, VA 22835
June 9, 2026 - 7:00 p.m.
Live Meeting Stream: http://www.pagecounty.virginia.gov/392/Watch-Meetings-Videos
____________________________________________________________________________
Call to Order
A. Pledge of Allegiance
B. Moment of Silence
C. Microphone Reminder
D. Attendance Roll Call
Adoption of Agenda
Public Hearing
A. Jon Copper/Flourish Real Estate LLC Special Use Permit for
Banquet/Event Facility
Tracy Clatterbuck
Citizen Comments on Agenda Items
New Business
A. Adoption of Minutes: May 26, 2026
Unfinished Business
A. Feldman and Three Sons Outdoor Sales LLC and Hawk Peak
Tracy Clatterbuck
Land LLC Special Use Permit for Campground
B. Shenandoah Speedway Properties LC SUP Amendment
Cassie Richards
(2007 Motor-Sport Park and 2011 Motocross Track – Dirt Track)
C. Zoning Ordinance Amendment: Short Term Tourist Rentals
Tracy Clatterbuck
(Discussion)
Open Citizen Comment Period
Chairman’s Report
Clerk’s Report
Adjourn
COUNTY OF PAGE
103 South Court Street, Suite F
Luray, Virginia 22835
(540) 743-4142
Fax: (540) 743-4533
Board of Supervisors:
Clifton ”Bucky” Thomas -Chairman -AtLarge
Jeremy Baldwin -District 1
Allen Louderback - District 2
Ryan Cubbage -District 3
Susan Kile -District 4
Jeff Vaughan -District 5
County Administrator:
Amity Moler
TO:
Page County Planning Commission
FROM:
Tracy Clatterbuck, Zoning Administrator I
SUBJECT:
Flourish Real Estate LLC/Jon Copper/Glenda Sue Housden Holmes (Public Hearing)
DATE:
June 3, 2026
SUMMARY:
Special use permit (SUP) to operate a banquet/event facility.
BACKGROUND:
Note: This SUP application was initially received on May 29, 2025. The applicants have been working on
application requirements, including the site plan, agency comments, etc. since the initial date of submittal.
Effective July 21, 2025 the zoning ordinance was amended relating to banquet/event facilities, beginning with
striking those terms and adding the new terms “event venue” and “event” along with other relating terms and
supplemental regulations associated with this use. This application is “grandfathered” under the old rules relating
to terms, use district, and supplemental regulations because the application was received prior to the adoption of
the amendments.
Flourish Real Estate, LLC/Jon Copper has filed an application for a special use permit to operate a banquet/event
facility located at 3434 Tanners Ridge Road, Stanley, VA, and further identified by tax map number 100-(A)-6.
The parcel contains 1.00 acres and is zoned as Woodland-Conservation (W-C). The parcel is improved with two
existing single-family detached dwellings and a former stone church. Staff would note that Flourish Real Estate
LLC is the current owner of this parcel.
The special use permit application further includes parcel identified by tax map number 100-(A)-5 containing
1.501 acres and zoned as W-C, which is currently vacant. Note: There does appear to be a cemetery on this parcel
according to the plat dated 5/22/25 containing an area of .017 acres. Staff further notes that Glenda Sue Housden
Holmes is the current owner of this parcel. The transference of ownership is pending as of the date of this memo.
Flourish Real Estate LLC/Jon Copper is acting as the lessee/occupant for this parcel.
The applicant is proposing to do an addition and renovation to a 50-person occupancy chapel to conduct smaller
scale events such as, elopements (3-15 guests) and micro-weddings (25-40 guests). The applicant has included a
very detailed narrative explaining the nature of the proposed business, history of the structure, and proposed
parking, ingress/egress, lighting, landscaping, and signage. Staff strongly recommends the Planning Commission
and Board of Supervisors review the narrative included in the application packet along with the concept plan and
other attachments submitted.
Pursuant to § 125-10 D. (16) of the Page County Zoning Ordinance, prior to the aforementioned amendments,
banquet facilities and event facilities require an SUP.
OTHER AGENCY COMMENTS:
Virginia Department of Transportation (VDOT) – Per Jeff Nicely with VDOT, “VDOT has no objection with the
proposed special use. The expected vehicle trip generation of the proposed use does warrant a new moderate
volume commercial entrance to this site. VDOT will review site plans for the design of the proposed entrance to
ensure it meets all applicable state standards. A VDOT Land Use Permit will be required for the work to be
completed within the VDOT right of way.”
Staff recommends that the Planning Commission and Board of Supervisors make requirements from VDOT a
condition of the SUP.
Health Department- Per Ashley Walker with the Page County Health Department, “Page County Health
Department has no objection to this special use permit as long as they do not encroach on any existing drainfield
area. Drainfield must be suitable to accommodate all persons.”
Staff recommends that the Planning Commission and Board of Supervisors make requirements from the Health
Department a condition of the SUP.
Building Official- Per James Campbell, Page County Building Official, “No objections to the special use permit
application. Applicable building and trade permits will be required prior to construction.”
Mr. Campbell also provided a memo in the packet addressing the maximum occupant load for the chapel. Mr.
Campbell supports the number of occupants being requested.
Staff recommends that the Planning Commission and Board of Supervisors make the requirements from the
Building Official a condition of the SUP.
PAGE COUNTY COMPREHENSIVE PLAN:
The proposed use is located in the “Environmental Preservation Tier.” Per the Comprehensive Plan, this purpose
of this tier is “[t]o preserve (to keep or maintain intact) and protect sensitive environmental lands, valuable open
space and forests and steep slopes (25% grade or greater).” (Volume 1-9). Further, the Comprehensive Plan states
the following: “This tier includes land that, because of its environmental characteristics or importance to a
regional open space system, should experience little or no development. This tier includes land adjacent to the
National Park/Forest tier, 100-year floodplains, significant woodlands, and steep slopes. Development may occur
only if it does not affect sensitive environmental features, is not unnecessarily subject to damage from natural
hazards, and does not affect valuable open space land. Similarly, the County will strongly discourage the
construction of wastewater treatment plants, lift stations, and other potential sources of water pollution upstream
of reservoirs and recreational water bodies. Low intensity residential or recreational uses may be acceptable in
these areas. Public services provided in this tier should meet the needs of planned land uses while protecting
identified environmental resources. Disruption of natural open space for public services should be minimized.”
(Volume 1-24).
Goals and policies within the Comprehensive Plan (Volume I, Chapter 3):
• Goal 2: “Preserve and protect the natural, rural, and open space character of the County, its ecology and
environmental features.” (Volume 1-65).
o Policy 2.1: “Preserve a rural lifestyle in the County outside of the towns, Incorporated Areas Tier
and Community Service Area Tiers.” (Volume 1-66).
o Policy 2.2: “Limit the impacts of development on the community’s environmentally sensitive
lands and key natural resources.” (Volume 1-66).
o Policy 2.12: Protect open spaces around natural and historic areas such as land adjoining
Shenandoah National Park, George Washington-Jefferson National Forest and the Shenandoah
River to protect the integrity of the park and other natural scenic attractions” (Volume 1-66).
o Policy 2.25: “Protect the night sky from light pollution particularly as it impacts Shenandoah
National Park and George Washington National Forest” (Volume 1-68).
• Goal 6: “Encourage and develop a diverse and viable local economy compatible with the County’s rural
character.” (Volume 1-74).
o Policy 6.2: “Encourage economic growth that is compatible with the County’s rural character
while generating a positive net cash flow for the County” (Volume 1-74).
o Policy 6.10: “Allow commercial and industrial uses in rural areas or near existing neighborhoods
only if the use: a. Does not unduly impede traffic flow on roads or intersections; b. Is not, and
does not, initiate strip development; c. Has direct access to adequate roads, railroads or airports;
d. Meets all standards for water, sewage and waste disposal; and e. Does not adversely affect
surrounding agricultural or residential activities.” (Volume 1-74).
o
Policy 6.12: “Enhance the County’s tourism and retail base” (Volume 1-75).
Tax Map 100-(A)-5 and 100-(A)-6 are located entirely on soils identified as Moderate Farmland by NRCS. Six
dwellings are currently located within 500 feet of the parcels’ boundaries, not including the two dwellings located
on 100-(A)-6. One of these dwellings is located in the nearby Skyline Lakes subdivision. Planning staff
recommends the Planning Commission consider potential adverse impacts presented during the public hearing,
should such be scheduled.
ADJACENT PROPERTY OWNER NOTIFICATION:
Adjoining property owners were notified as required by the Code of Virginia. Any comments received will be
provided at the public hearing.
STAFF RECOMMENDATIONS:
Staff strongly encourages the Planning Commission and Board of Supervisors to carefully consider any proposed
conditions attached to the permit.
MOTION(S):
I move that the Page County Planning Commission recommend approval of the special use permit to
operate a banquet/event facility with the attached conditions on property located at 3434 Tanners Ridge
Road, Stanley, VA, and further identified by tax map number 100-A-6 and 100-A-5.
OR
I move that the Page County Planning Commission recommend denial of the special use permit to operate a
banquet/event facility with the attached conditions on property located at 3434 Tanners Ridge Road, Stanley, VA,
and further identified by tax map number 100-A-6 and 100-A-5.
OR
I move an alternative motion.
ATTACHMENTS:
• SUP Application
• SUP Draft Conditions
MINUTES
PAGE COUNTY PLANNING COMMISSION
May 26, 2026
Members Present
Catherine Grech, Vice Chair, District 1
Jared Burner, Chairman, District 3
William Turner, District 5
Chris Adams, District 2
Sandy Davis, Secretary, District 4
Ken Johnson, At-Large
Member Absent
None
Staff Present
Josh Hahn
Cassie Richards
Tracy Clatterbuck
Call to Order
Chairman Burner called the May 26, 2026 Page County Planning Work Session to order in the
Board of Supervisors (BOS) Room located at the Page County Government Center, 103 S
Court Street, Luray, Virginia at 7:00 p.m. The call to order was followed by The Pledge of
Allegiance and a Moment of Silence. Chairman Burner reminded all commissioners and
speakers to please turn on and/or speak into the microphones. Mr. Hahn conducted an
attendance roll call.
Adoption of Agenda
Mr. Turner made a motion to adopt the agenda. Mr. Johnson seconded the motion. The motion
passed (5-0).
New Business
A. Adoption of Minutes: May 12, 20226
Chairman Burner allowed time to review the minutes. Ms. Davis noted on Page 7, item B, third
paragraph, “ten” should be “tents.” Mr. Turner made a motion to adopt the minutes, as
amended. Ms. Davis seconded the motion. Chairman Burner asked Mr. Hahn to conduct a roll
call. The motion passed, unanimously (6-0).
B. Feldman and Three Sons Outdoor Sales LLC and Hawk Peak Land LLC Special Use
Permit for Campground
Ms. Clatterbuck referred to the staff memo and application material included in the packet.
Feldman and Three Sons Outdoor Sales, LLC/Hawk Peak Land, LLC has filed an application
for a special use permit to operate a campground located off Naked Creek Road, Elkton, VA,
and further identified by tax map numbers 110-A-16 (consisting of 24.08 acres) and 110-1-B
(consisting of 127.99 acres). Both parcels identified are currently vacant and zoned as
Agriculture (A-1).
Ms. Clatterbuck noted there is a portion of land with an approximate acreage of 1.203 acres
that appears to be located in Rockingham County. This is not currently mapped on their GIS
website, but documentation has been provided by the applicant, which was included in the
packet. According to the Rockingham County zoning office, since access to these parcels are
Planning Commission
Minutes- May 26, 2026
located in Rockingham County, they will be required to apply for a special use permit
application for the operation of the campground. As of the date of the memo, staff is not aware
of the status of the application process with Rockingham. Ms. Clatterbuck noted that she had
spoken with Mr. Reed just briefly, before the meeting, and it looks like they are trying to get
the parcel mapped so that they don't have to identify it as an unmapped parcel. So, they're
working through that with Rockingham. She referenced the part of a plan that showed the
approximate acreage in the packet.
The applicant is proposing a total of 200 total camping sites. She noted that this came directly
from the narrative, but staff did receive a revised concept plan, including an updated breakdown
of the 200 camping sites, including whether they were pull-through, etc.
The plan includes the following buildings: Guest Services, Security and Camp Store, Club
House and Spa, Maintenance Barn, Host/Manager Cabin, Maintenance Supervisor Cabin,
Glamping Cabins, Lean-To’s, and a Remote Bath House. The plan also includes recreational
amenities such as a putting green, a pool area, a zip line, picnic areas, and a playground. She
added that these were all indicated on the plan provided by Racey Engineering.
The applicant has provided an overall concept plan, an organizational structure detail of the
land and operations, a property management plan, campground rules, an economic impact
study, an evacuation plan, and landscaping information. Staff would encourage the commission
and board to review the materials provided. She noted the plan is very detailed, and that is
appreciated.
As required in § 125-10 D.(9) of the Page County Zoning Ordinance, campgrounds are only
permitted by special use permit in the Agriculture (A-1) zoning district. Campgrounds are
subject to the Page County Zoning Ordinance (Chapter 125) and the Page County Campground
Ordinance (Chapter 128). She added that this is the first application we have received since we
updated the Campground regulations. [Editor’s note: there was a withdrawn campground SUP
in 2025).
Ms. Clatterbuck referenced agency comments, and recommended that conditions of the SUP
comply with agency requirements prior to operation. VDOT is requiring things for the
entrance, and the Health Department has certain requirements. The Building Official had no
objection, and stated applicable permits would be required.
She noted the Campground Ordinance was included in the packet. The staff memo also
identifies specific required SUP considerations per 125-5(O) of the Campground Ordinance.
She noted that if Planning Commissioners wanted to schedule site visits, she could work with
the applicant to get that scheduled.
Mr. Hahn noted that he would highlight items in the Comprehensive Plan review. The proposed
use is located in the “Environmental Preservation Tier.” Per the Comprehensive Plan, this
purpose of this tier is “[t]o preserve (to keep or maintain intact) and protect sensitive
environmental lands, valuable open space and forests and steep slopes (25% grade or greater).”
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Planning Commission
Minutes- May 26, 2026
(Volume 1-9). Further, the Comprehensive Plan states the following: “This tier includes land
that, because of its environmental characteristics or importance to a regional open space
system, should experience little or no development. This tier includes land adjacent to the
National Park/Forest tier, 100-year floodplains, significant woodlands, and steep slopes.
Development may occur only if it does not affect sensitive environmental features, is not
unnecessarily subject to damage from natural hazards, and does not affect valuable open space
land. Similarly, the County will strongly discourage the construction of wastewater treatment
plants, lift stations, and other potential sources of water pollution upstream of reservoirs and
recreational water bodies. Low intensity residential or recreational uses may be acceptable in
these areas. Public services provided in this tier should meet the needs of planned land uses
while protecting identified environmental resources. Disruption of natural open space for
public services should be minimized.” (Volume 1-24). Mr. Hahn read Goal 2 and Goal 6, and
referenced policies under each.
Tax Map 110-(A)-16 and 110-(1)-B are located on land mostly identified as Moderate
Farmland, though approximately 23.6 acres of the two parcels is located on soils identified as
Farmland of Statewide Importance, according to NRCS. The northern portion of 110-(A)-16,
and all of 110-1-B, are located on moderate or steep slopes. The steepest slopes are located
within one of the northeast open space area indicated in the applicant’s concept layout plan
dated February 6, 2026. The combined acreage of open space indicated on this plan was 73.04
acres, which is 48% of the combined assessed acreage of 152.075 acres (24.081 acres plus
127.994 acres, respectively). (Note: Chapter 128: Campgrounds requires a minimum of 40%
open/recreation area). Nine dwellings are currently located within 500 feet of the parcel’s
boundary, including four located across Naked Creek Rd., within Rockingham County. Of the
18 parcels considered by the Zoning Dept. to be adjacent/neighboring properties, a total of 10
have physical addresses. The campground would be accessed from Naked Creek Rd. (Rt. 759),
which is a public road in Rockingham County. Planning staff recommends the Planning
Commission and Board of Supervisors consider potential adverse impacts presented during the
public hearing, should such be scheduled.
Ms. Clatterbuck noted that the applicant and Mr. Reed are both present, and per the bylaws,
they have up to 10 minutes to speak about the project. David Reed approached the podium.
David. Reed: As most of you already know, I'm David Reed. I'm the attorney for the applicant.
I want to give time for the applicant who traveled down here today to speak, as well, and
introduce himself. And then give Mr. Austin time to answer any questions you may have on
the engineering side. From the legal perspective, I want to take a moment and try to get ahead
of a couple questions related to the Rockingham County parcel that's involved. Essentially
what we have, after extensive legal research and surveying work, there's a portion of the
property owned by the owner-applicant, which is Feldman and Three Sons Outdoor Sales,
LLC. It's actually located in Rockingham County. That lies between Naked Creek Road and
the center line approximately of Naked Creek. Mr. Hahn brought up a survey showing the
parcel on the south side of Naked Creek. That parcel's not yet mapped in Rockingham County
or assessed. Not surprising given the deed history and whatnot. So, we're working with
Rockingham County currently, and I actually followed up again today to see exactly how they
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Planning Commission
Minutes- May 26, 2026
want that SUP application filed related to this strip parcel. […]. So it's kind of a two-part SUP
in Rockingham and SUP in Page. But the portion of the property in Rockingham is very small
and will essentially contain at most some signage, the entrance - it will contain the entrance and a portion of the bridge access to the property. But you're not talking any camping sites or
any facilities of that nature. I thought it would be useful to kind of highlight […] that process
to get ahead of that process. And then two, I also want to highlight Feldman and Three Sons
Outdoor Sales, LLC is the current property owner, so that's why you see that name on the
application. And then you have Hawk Peak Land, LLC, who's anticipated to be a future
property owner as kind of a co-owner. So, Feldman and Three Sons Outdoor Sales, LLC, you're
probably not going to hear a lot from throughout this process. […] I think it's probably clear in
the paperwork, this is intended to be a KOA franchise. So, there are all the rules and regulations
of KOA that apply as well to any franchise. So, at this point, [unless you have] direct questions
for me, I'd like to introduce Mark, who is the applicant and the proposed owner-operator here,
and let him introduce himself to you all. Come on, Mark. I'll turn it over to you.
Marc Lubetkin: Greetings. Hello, everyone. It's been a while since I've stood up in front of a
group like this. Pardon me if I'm not at my best. I'm coming down here from Connecticut. My
wife and son and dog and I have lived in Sainsbury's the last 22 years, of which I've operated
a pub for the last 15. It's called Redstone Pub. You often look it up on your phones after the
meeting, of course. It's that time to move on from the pub. I've been stuck inside for 15 years,
and I miss the outdoors and getting away and nature and all those things that come with it. My
son has finally turned 21 last week, so he's moving on, and my wife is happy with her job and
doing what she's doing. So looking to get back outside and use what I know, I have a
background in hospitality, over four years, an Associate's, a Bachelor's, and a Master's in the
field. I've been a professor. I've been an owner, a multi-unit operator, chief cook and bottle
washer, and everything in between. And I thought I could use that in what they now call the
outdoor hospitality industry in terms of campgrounds. I spent much of my youth camping, both
backpacking and in trailers, and I thought I would give it a go. And we've spent over two years
researching this and taking the training from Ohio and going to the KOA conference and
learning what they had to share and say, getting through the KOA process, which is quite
grueling to be accepted as a franchisee, and then investing my life savings into doing this, my
retirement life savings. So that's where I'm coming from. Start looking in Virginia. Why
Virginia? It's perfect. The weather is warmer in the winter and cooler in the summer than
Connecticut. It's in the mountains where I want to be. It has the wilderness and trees and rivers
and lakes and Blue Ridge Parkway and Skyline Drive and Appalachian Trail, and I could go
on and on. It's just absolutely gorgeous here. So we started, my wife and I, started looking,
doing road trips and camping trips down in this area. And I found a good realtor and we found
a property. And the only challenge was there was no bridge. That's an interesting experience
for someone that's never dealt with a bridge before, to learn how that all works. So we did all
that and found an engineering company. Thank you very much for everything. And found a
good lawyer. And we began this process. It's about halfway there right now in front of you.
Hopefully it gets through this without too much pain. And then we move on to the funding,
which is going through the USDA-backed loan, which we have a commitment from the bank
already. And then construction can begin. We're operating as soon as it's available and it's hot.
Page 4 of 15
Planning Commission
Minutes- May 26, 2026
I look forward to getting your approval at some point to do that. The community's great. The
people are awesome. And I look forward to making this funding work.
Discussion then shifted to a back-and-forth with the Planning Commission.
• Mr. Lubetkin responded to a question regarding whether the bridge was completed. He
answered, no, they have to get approvals from Planning and Zoning. He was asked if
there was real easy access to the land to walk it. He answered that there is a bridge to
the east and a bridge to the west. The bridge to the east is owned by some friendly
neighbors that have given the realtors and the current landowner the right to access the
property. I was there this morning with my son and daughter. I was soaked right up to
the pockets from all the rain we had. It was beautiful in the fog and the mist and the
clouds that came down. We met a duck in the river, Big Creek. Last time I was here,
we reviewed an environmental study where we found out there were no wetlands, just
a waterway. And I met an otter. And if you've not seen an otter here in the area, let me
know and I will show you a picture on my camera. It's all beautiful. It's all a happy
thing for me to see all the wildlife.
• A Planning Commissioner asked about the flood level. Mr. Hahn pulled up the staff
flood map. Mr. Lubetkin stated it is minimal right at the edges. It's in a fairly steep
section between the road and the property. We're not planning on building within the
flood zone. Ms. Grech thanked the applicant. She noted those of us who have been here
for a while remember a big flood that came down through. You can see the remnants
of some old bridges along the road still. Mr. Lubetkin noted this this was one of your
100-year winters, and he understands nothing was disturbed around the property.
There's some tires in the creek that we want to get rid of. I'm an environmentalist at
heart. We want to keep the environment as close to what it is now as possible. Plenty
of trees. Keep and retain the views. Don't disturb the wildlife any more than we have
to build the park. And have it retain its natural character.
• Mr. Turner stated he knows where this piece of property is. It's a perfect place for a
campground. He doesn’t live too far from it, but it'd be a perfect place for a campground
in Page County.
• Mr. Lubetkin was asked about staffing security in the management plan. Probably one
of the best we've seen. Would this 24-7 security presence or remote monitoring that
would be available? Mr. Lubetkin indicated it would be five nights a week, with a
security guard he thinks will be there from 10 to 6. The other two nights, there will be
a float person such as himself and one of the others. And then the rest of us during the
day. There will be security cameras set up with remote access. And we will have a
license plate reader at the gate so that when people pull up the license plate reader, it
reads the license plate in the file. With the emergency vehicles as well. I’ve been using
it for the last 15 years. It's on my phone. If you ever want to take a look at it, I open it
up and push a button and I can watch what's going on live.
• Mr. Lubetkin was asked whether he intends to be on the campground and be a manager
of the campground. Will he be absentee? He responded, I want to be in the little cabin
we designed in the woods. And I want to be there and enjoy it. Ms. Grech asked if he
has interfaced with his neighbors. There was further discussion about past floods. Mr.
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Planning Commission
Minutes- May 26, 2026
•
•
Lubetkin indicated he hasn’t spoken to neighbors about past floods, but he has spoken
with the engineers about the bridge and the possibility of it being washed out. Ideally,
if it gets constructed as well as I'm hoping, then it won't be an issue. Walking around
the area, we see some very well-worn bridges. I think that's the nicest way to put it.
And they've obviously been for a while, but they're still standing. Ideally, this gives the
Naked Creek a new, fresh bridge that will last 100 years or more. Ms. Grech noted she
was also concerned about the roads, because quite a few roads get washed out. Mr.
Lubetkin stated you have to look at the way this property is and where he's got to put
the bridge is, it's really deep right there and the water will go underneath the bridge
where he's planning to put. Tyler Austin noted that this bridge is well over half a million
dollars. The roads will have to meet design standards. With the way we're designing
this, with the steel beams, if it would be; if impacted, we can remove those beams and
replace those. He spoke generally about the design standards, which would be the same
for a waterfront facility. There is a very good chance at some point in life that that
water will go over top of that and we'll try to redesign that to withstand that. There was
discussion that this bridge would be on private property and not taken into VDOT
maintenance. The entrance, as you come onto the bridge, would be the portion within
the VDOT right-of-way. It will be a private bridge. So you're not going to make this a
public VDOT taking it over. Mr. Reed noted that the county line generally appears in
the middle of the creek, so there will be a portion of the bridge in Rockingham and a
portion of this bridge in Page. A Commissioner asked if this would be a two-lane
bridge, and Mr. Austin indicated that was correct.
Ms. Grech referenced the campground on 211, and how there is sometimes is a backup
of RVs trying to get in. She asked how they are going to address that, because they
might have 10 or 12 RVEs, if it's a Friday night before a holiday weekend. You don't
want Naked Creek Rd. to be backed up. Mr. Lubetkin asked Mr. Hahn to bring up the
site map. Mr. Lubetkin requested to come forward and point on the screen. He indicated
that right across from the old country store is where they want to build the bridge. He
indicated on the screen where the gate would be, including the license plate reader. He
indicated the lengthy staging area. They're going to be able to line up in here so that
they don't have a line all the [near/on Naked Creek Rd.]. We did that intentionally so
they wouldn't have any backups on the road. We don't want to inconvenience anyone
out there. We want it to be almost imaginary if you're a resident on that road so that
people are comfortable with the staging area. Ms. Grech asked where they would check
in. Mr. Lubetkin indicated it would be at the camp store, and he indicated where that
would be. That is also where security, guest registration, and the concierge would be
located. He indicated the lanes that will be painted for staging, which will hold at least
two RVs in that lane so they can check in, and then they would drive through and either
come into this camping area or drive up into the main park.
There was discussion about the pull through parking sites. They are upgraded
campground sites from KOA campground luxury patios. He indicated the ones higher
up are not necessarily set up with that. The [sites closer to the entrance] will be focused
where our ADA sites are so that it's the flattest area and easiest access for folks closest
to the camp store. He noted they're very wide apart. They're not right on top of each
other. I don't want to hear my neighbors discussing breakfast, so all the camp sites are
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Planning Commission
Minutes- May 26, 2026
•
•
•
•
•
•
spaced far apart. We want to retain as many trees as we can in between the sites because
if we want to put a canine camp there, KOA requires a big tree to be able to put a dog
fence around it so the dogs are shaded. So the more we have of those I think the better
we'll do in the long run.
Mr. Lubetkin pointed to an open area near the creek. We want to keep this whole area
open so that no one camper is on the creek. We want everyone to have access to the
creek. We're going to set up a couple of benches for people to sit and visit and some
trails in here so all the people at the top can come down and enjoy the creek like I did
today. Ms. Grech asked what type of enjoyment of the creek he is envisioning - fishing
or just sitting. Mr. Lubetkin answered sitting, fishing, wading.
Ms. Clatterbuck asked if she could address Mr. Austin. She referenced the 50 ft.
greenbelt, and how on the plan there are some areas where it says with proposed green
trees and there's some that's not. Mr. Austin noted that everywhere else on this entire
site is heavily wooded and the greenbelt is exactly the purpose of the greenbelt for. In
those spots where the landscaping is shown, this is just an area that's now currently
field and we're going to create that screen as required. The greenbelt space we'll leave
that space there. He noted that they can schedule as site visit and you'll see. The
majority of this area is heavily wooded. Even the portion between the creek and where
those first limestone starts. These are cedars. The greenbelt is heavily guarded with
existing vegetation.
Ms. Clatterbuck noted just for the record, when she was looking at one of the
maintenance buildings, it looked like it's labeled in the greenbelt. If you look on a
couple pages it's just labeled. The actual maintenance building is not within the 50 foot
greenbelt. By definition it cannot be. It's just labeled there. She noted that she wouldn't
want the engineer to tweak the plan just for this. Mr. Austin indicated they’ll clarify
that in future versions.
Ms. Grech asked what one of the labels was near the maintenance building that patched
in yellow. Mr. Austin indicated this was just the driveway access to the maintenance
building. Mr. Lubetkin indicated it will be gravel. The rest of the roads will be paved.
Ms. Grech asked how many wells he will have. Mr. Lubetkin answered two, right now.
Ms. Grech asked if he has reason to believe that there's enough water to accommodate
such a large campground. Mr. Austin answered that in terms of all the other
campgrounds that he has been a part of, one can handle the storage. Two is for
redundancy and or just because of elevation change. That would go through the
Department of Water and the Environmental Quality. They'll coordinate where it can
go from those sites and they kind of propose those.
There was discussion about the host manager cabin. Ms. Clatterbuck noted that this is
600 square feet, but the Campground Ordinance had a maximum of 400 square feet.
When this was discussed at the subcommittee level, she is pretty sure that maximum
was for livable space. For example they could not have a cabin that was 600 square
feet, but they could have a 400 square foot cabin with a decking that exceeded the 400
because decks and porches to us are not considered livable space. That's how she and
Ms. Richards interpret it based on how it's defined. Ms. Grech asked if Ms. Clatterbuck
was referring to the cabin for management where this gentleman would live. Ms.
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Minutes- May 26, 2026
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Clatterbuck noted the application didn't specify that it was a dwelling. Ms. Grech asked
if he had the right to build a house there if he wanted to, whether it was 3,000 ft. Staff
indicated this was correct, so long as it was not one of the rental cabins used for the
campground. There was general discussion about this.
Ms. Grech noted the Campground says each campsite, including parking space, should
be a minimum of 1,800 square feet of space and shall not be less than 30 feet wide at
its narrowest point. She asked if all the sites conform to that. Mr. Austin indicated this
was correct. Mr. Lubetkin summarized different tiers of KOA franchise campgrounds.
Mr. Lubetkin indicated there are three: journey, holiday and resort. The middle tier is
a holiday, but we're aiming toward the higher end of it. There's a KOA closer to 81 that
is intended for people that jump on and off the highway, and that's used for itinerant
travel. The holidays are intended for 2-3 days up to 2-4 weeks, possibly longer. The
resorts are like Yogi Bear and other places that have built-in water parks and other
destinations stay where people stay for weeks at a time.
Ms. Grech asked if they will be open year-round. Mr. Lubetkin answered that after this
winter, I'm questioning my decision to want to be open for 12 months. My goal is to
be open 12 months. One of the interviews I did was with the Chamber of Commerce
and the Visitor Center, and they informed me that a lot of people in January and
February are looking for campgrounds and campsites and can't find them. So I want to
keep that front flatter campground area, the bottom part at least […] open 12 months a
year. We'll see how it goes.
Chairman Burner stated we would look at the conditions at the next meeting. Staff will work
with the Commissioners and the applicant to set up site visits.
Unfinished Business
A. Jon Copper/Flourish Real Estate LLC Special Use Permit for Banquet/Event Facility
Ms. Clatterbuck referenced the draft conditions. The County Attorney had reviewed them,
focused on Condition 14, which staff had revised as instructed by the Commission. The County
Attorney was okay with that wording. She noted that this was scheduled for public hearing on
June 9.
Mr. Hahn noted that he had spoken with Mr. Copper, following the last meeting. After this
discussion, he does not believe Mr. Copper intends to pursue a boundary line adjustment (BLA)
and rezoning involving the adjacent lot within the subdivision at the present time. However,
Mr. Hahn expressed concern that the condition as worded prevents what would otherwise be
permissible under the Zoning Ordinance for adjustments with parcels not located within the
subdivision. There was discussion about this, but no change in wording. Mr. Hahn noted that
this could be discussed with the applicant at the public hearing.
B. Short-Term Rentals
Ms. Clatterbuck referenced the latest draft. Discussion included:
• Ms. Clatterbuck indicated the SUP triggers in Woodland-Conservation (W-C) and
Agriculture (A-1), as shown on the first few pages, including frontage on a public road or
access by a private lane or driveway serving no more than two dwellings, which would be
by right. Page three just says, you know, if your access is off of a private lane then it would
require a special use permit. Private lane serving more than two dwellings then a special
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Planning Commission
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use permit would be required. So that captured those comments. Mr. Hahn stated he had a
quick question that just hit him. What happens if there is a dwelling that's long-term and
the short-term rental comes in, and it's by-right, and then a third long-term dwelling comes
in off that access. Does that trigger the short-term rental by SUP? Ms. Clatterbuck indicated
they would just be non-conforming at that point.
Ms. Clatterbuck noted that we struck the language related to the HOA covenants based on
guidance from Mr. Helm. Now it just says that the applicant would be required to provide
the covenants, but noting that the County doesn’t enforce HOA private regulations.
Ms. Clatterbuck noted the registry is fine-tuned to what information that would require.
They discussed the penalty state code allows, which is up to $500 per violation. There was
discussion to use more generic language in case this maximum changes, but ultimately
there was consensus to keep this at $500. There was discussion about what counts as a
failure to register. This is when they start advertising and operating and they haven't
registered. There was discussion about whether there should be any grace period for
existing uses that already have business licenses. Ms. Clatterbuck noted the normal notice
of violation process, at any point during which they could register and not be fined.
There was discussion regarding the two-year ownership requirement. Staff noted there was
3-2 consensus to include this at the last meeting, when Mr. Adams was not present. There
was discussion about how this would be handled for LLC/trusts. Ms. Clatterbuck stated
she thinks they would have to prove that they were the owner of the LLC like a registered
agent or something, that there was joint ownership and then single ownership in a divorce,
etc. There was discussion about how other localities handle division exceptions, such as
for death, divorce, undue economic hardship.
Ms. Clatterbuck noted language changes regarding emergency access, and she referenced
language on parking spaces, which had been in the original draft.
There was discussion regarding the greenbelt. A greenbelt area of 50 feet shall be required.
The greenbelt shall be landscaped with regionally-native and noninvasive plant materials
consisting of an evergreen and deciduous mix, except to the extent that existing vegetation
or natural landforms on the site provide such screening as determined by Page County.
Trees shall be a minimum of six feet in height at time of planting and in staggered rows of
ten feet on center. In the event existing vegetation or landforms providing the screening are
disturbed, new plantings shall be provided which accomplish the same. The effectiveness
of screening shall be maintained as the plant materials mature. Unhealthy and dead plants
shall be replaced within six months. Staff noted there had been consideration of a 300
distance requirement from an existing dwelling, and at one point Mr. Johnson had
suggested a green belt could be used in lieu of this requirement. There was lengthy
discussion. Mr. Hahn noted that a recent automotive garage, which is a commercial use,
only required fencing or a single row of evergreen trees. Staff will work on language with
Chris Anderson, who has experience with appropriate tree species in a landscaping context,
where a single or a staggered row may suffice.
Ms. Clatterbuck noted a small change to the language regarding the fire extinguisher being
provided in the outdoor area. Mr. Hahn noted that there was public comment at a recent
Board meeting regarding this condition. This individual stated that an outdoor fire could
be extinguished with water. If you use a fire extinguisher, it can do more damage than just
a pail of water. Chairman Burner noted that you have to have an easily-accessible way to
extinguish a flame - the problem is if you throw a bucket of water on hot coals it's going to
explode in your face. There was further discussion. Staff will reach out to the Emergency
Services Coordinator on possible language change.
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Planning Commission
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The next items in the amendment draft hadn’t changed, so they moved on to proposed
recreational areas, such as basketball, football school, walking trails. There was discussion
about how this could turn into a mini-resort, but many of these are just normal accessory
uses to residential use. Chairman Burner noted that a lot of the concerns with this is taken
care of in having an SUP trigger based on the number of bedrooms. Four or more bedrooms
would require an SUP. Staff will work on language requiring this to be located in back/side
yard.
Ms. Grech noted that a month ago the Planning Commission voted for the SUP option, and this
is the by-right option. It’s true that this has elements of both, and that it has triggers, and it is
by SUP in Residential. Mr. Hahn stated that staff has been instructed by the County
Administrator to work on the version that the Board has requested of the Planning Commission.
Ms. Grech stated that we are going to be working on this draft with a by-right use despite a
vote of the Planning Commission. Mr. Hahn confirmed. Ms. Grech asked what was the point
of taking votes at the Planning Commission level if Administration can cancel what we want
to do. She gave an example: we can initiate a new zoning rule tonight by taking a vote, let's
say on data centers or cell towers. We work on it and take a vote and initiate that work and then
we ask staff to do the research, and Administration can just tell you, no we don't want new
rules on data centers or whatever and then nothing happens. So, why are we here? She noted
that it is a rhetorical question. But it is frustrating.
There was discussion on next steps. Mr. Hahn asked if staff could work on the items that still
needed minor adjustments and send it to the County Attorney to review. The Planning
Commission could review the next draft at the next meeting and then schedule a public hearing.
C. Shenandoah Speedway Property LC SUP Amendment (2007 Motor-Sport Park and 2011
Motocross Track – Dirt Track)
Chairman Burner asked if Ms. Clatterbuck could answer a question before leaving. Which
came first, the ordinance or the SUP? Ms. Clatterbuck answered that if she remembers
correctly, the SUP came first and then the code came after the SUP. That was the great debate
for many years with Planning Commissioners and some Board members, it was always said
that if a use wasn't specified in a zoning district then it automatically could go through a special
use permit. That's one of the things I remember having some healthy debates, with some of the
former Planning Commission members saying that's not how it works in the zoning world. But
we codified that in 2017, so it's clear now if a use is not defined then the ordinance has to
change. But that was a misunderstanding for many years. Chairman Burner stated that part of
the reason he is asking is that is there is a condition in the previous conditions that pertains to
lighting, that's the exact verbiage that's in the ordinance. That's where that came from. If the
ordinance came before the SUP then that language is easier to write, but if the SUP came before
the ordinance, then it's not bound by the ordinance, and that could be adjusted if needed.
Chairman Burner asked if Ms. Richards had any updates since the last meeting. Ms. Richards
stated that the applicant is inquiring about a noise expert. He is still working on that, so she
suggested that the Planning Commission just talk about these conditions not related directly to
noise.
Mr. Hahn noted that he had looked further into the issue of the wall. He noted that he had sent
the Planning Commission an email with Board meeting minutes. He does not believe there are
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Planning Commission
Minutes- May 26, 2026
Board of Zoning Appeal (BZA) minutes, but the Board of Supervisors met on the same day as
the BZA, and there are Board meeting minutes that reflect the BZA meeting decision related
to the wall construction. The BZA voted 3-0 to not require that wall. The Board meeting
minutes refer to the argument made by the BZA applicant, who said that those were
discretionary. Mr. Hahn doesn’t know anything more about the rationale or what went into the
BZA decision, but the BZA decided on behalf of the applicant 3-0. That evening, the County
Attorney had let the Board know that they had 30 days to appeal that decision in the court, and
if they didn't it would be essentially a de facto amendment to the SUP. The Board discussed it
briefly it seems according to the minutes, and decided not to appeal that BZA decision. That is
why there is no wall and why we can't enforce that wall. Current staff has always been operating
under that assumption, but now you have the meeting minutes where that is discussed at the
Board level. He doesn’t think we have BZA minutes for earlier that day. There was discussion.
Ms. Grech stated it seems to her that if you hire an expert and the expert says you need walls
if you're going to have this level of noise, and then the BZA based on whatever criteria says
you don't need them - three people based on what? Was that arbitrary?
Chairman Burner stated he had talked with staff earlier about the best ways to keep moving
this forward. He thinks just to stay on track, tonight he would like to review both the current
regulations for the motor sport park and for the motocross track, as well as the combined special
use permit conditions that staff put together. Anything dealing with noise or the number of
events, since the number of events has a component of noise, we just skip. He asked if the rest
of the Commission agreed with that plan. There was general agreement, but Ms. Grech asked
why they couldn’t discuss the number of events. Chairman Burner explained his logic. In the
noise study, the annualized DNL, or the decibel measurements for that is a component of the
average of A-weighted decibels, it takes into account the entire racing season. So, the number
of events has to be dictated by the number of decibels that the surrounding community sustains
over a long period of time. Until that noise expert can come in and explain that component, he
doesn’t feel, given the conversations they’ve had in the past, that they’re going to be making
that decision with the best information. For tonight, he thinks we should just skip the number
of events, because they are tied to noise.
Discussion included:
• They discussed the racing season. Under Phase 1, it mentions April through October.
Ms. Richards indicated that the current interpretation of staff is that the racing season
is January through December. Ms. Grech stated this is a huge departure. She asked
what type of events are being held in January - is it mostly going to be practice or is it
actually going to be competitive events? There was further discussion about how this
relates to practices and tractor pulls. Ms. Richards explained that tractor pulls falls
under the motocross use. Ms. Grech stated she doesn’t want to be skeptical about that
interpretation, but she doesn’t see anything in there that would allow tractor pulls. To
her, that's new days year-round. Mr. Vaughn came forward to the podium. Ms. Grech
asked if he would mind explaining what type of events they were planning in the winter
season. Mr. Vaughn stated this would be tractor pulls. From year to year it depends on
the weather conditions, and the folks that run the tractor pulls say, I want to have an
event on this particular day. The true reason behind asking for year-round activity at
the speedway, whether it be in the old track or whether it be out in the dirt area […]
and the things that are done in the dirt area are the tractor pull, and the demolition derby
would fit in the definition of what we're looking at that's not a race […] – Ms. Grech
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asked if the 2011 application would allow both tractor pulls and demolition derbies.
Mr. Vaughn confirmed. It’s a very wide definition. There was general discussion about
this. Chairman Burner asked if there is any type of vehicle that he intended on bringing
in that he hasn't had in the past that would be a higher decibel level. Mr. Vaughn
answered no. What's been running on the old track will pretty much stay the same. He
explained that currently what's running on the old is legends. There's a class called
Crown Vic - years ago we used to run late models and they were really the loudest. A
Planning Commissioner asked if this would be considered what they call touring
vehicles. He answered yes. The other thing is, in order to allow people to come and
practice - it could be one car, it could be five cars - we wanted to have that year-round
business to be able to do that. I get calls right now, and they said hey, I want to come
up do some tests and tune them for four hours. That's the kind of the request that we
get. Chairman Burner referenced the 2017 change to the ordinance that made practicing
an incidental use of a motorsports facility. Wouldn't that have to be covered under that
without it having to extend the racing season? He knows we made an exception because
it had to do with the motorcycles and the police, and the way it was worded it had to
do with practice being an incidental used to a motorsports facility. Practice, testing,
and tuning wouldn't necessarily fall underneath the racing season because it's not
technically considered a racing event. Mr. Vaughn gave an example from about three
weeks ago, when he received a request from a Model A class club that wanted to take
some laps around the speedway. That request came two months before they actually
showed up, but it was 34 Model A's. They wouldn't even know they were there. The
reason they we asked to have the business be operated annually is because they didn't
want somebody to come and see the Model A's in there taking laps around the track
and say that's not approved. That's the reason they are trying to spell out all these
predictors so that we don't get nailed in the corner saying oh we had that Model A's on
the track and we didn't get approval.
Ms. Grech asked about touring vehicles. A lot has changed. The only known study that
we have is twenty years old. The vehicles must have changed a lot since then. She
asked: touring vehicles – drifting – is that something new? Mr. Vaughn stated drifting
has probably been around twenty years, but there's a lot of different examples of touring
classes. Back in the day when the first sound study was done, they were basically a
class of late models that would tour from short track to short track all over the east
coast. The group that we just had is completely different. This was a class of a club of
touring model teams. It's a big difference. If we want to be able to have those events
we need to make sure that the people that approve our request understand the difference
we have one day a year. Also, there's a club that is British sports cars - they meet in the
D.C. area – and they want to come to the track and put cones up and set up a race course
and be able to run on the track for like 3 or 4 hours. That event didn't take place, and
noise wouldn't be an issue because they're all muffled and all controlled, but they come
there and they want 4 or 5 minutes, they have lunch, catering plan, set up the cones, do
the whole event, and then they're gone. That's usually a one-day event. Ms. Grech stated
this isn’t really what she meant. Her assumption is the frequency of events would be
much less during the winter time and late fall than it would be in the spring, summer.
If this happens in the winter months – maybe people want to practice and test and tune
and stuff like that – that's basically any day of the week except Sundays.
Mr. Johnson noted that the special use permit application for Motocross said the intent
of it is to clean up and specify the current account for tractor and truck pulls and
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Planning Commission
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demolition and derby. What is the current account? He hasn't been able to find any
reference to it. There was discussion clarifying the question. Mr. Johnson wanted to
identify what's truly taking place at the facility. In the application, he didn't see any
narrative that lays out exactly what the applicant is looking for. Mr. Vaughn stated they
didn't do that because it changed when they were here. They’ve been requested to
specify the oval track dates of events and the drifting events. Mr. Johnson stated we
have a few things that are classified in two groups like motocross events and oval track
events and you're mentioning a range of other uses. He asked if Mr. Vaughn could
write that down in a narrative so that we can understand exactly what he’s looking for.
He has found this application to be deficient in detail and narrative, and he thinks that's
exactly the kind of thing that led to poor results with the previous SUPs. He suggested
that Mr. Vaughn needs to provide a narrative statement that breaks these into groups
so that we can understand them and we don't have to rely on testimony at the
microphone. Mr. Vaughn indicated that he could do this. There was general discussion
about this. Ms. Grech expressed agreement. The reason we did not have a lot of
questions for the applicants for the campground that was the beginning of this meeting
is because there was an excellent narrative, and she thinks that it would be very helpful
for [the applicant] to feather his application with a narrative.
There was discussion about when the 50 years would start. There appeared to be
consensus that the 50 years would not reset.
There was lengthy discussion about hours of operation. During this discussion, Ms.
Grech asked if practices are generally less noisy than races. Mr. Vaughn answered
away from the microphone, so someone repeated his answer from the front: you can
make that assumption because there's likely fewer cars. Chairman Burner stated the
technical way of putting it is the gaps between the peaks is much wider in practice
versus where there's multiple cars, the gaps between the peaks is much narrower. There
was further lengthy discussion. Staff was instructed to look at the first and last bullet
under item 8 to see if these could be consolidated or clarified. There seemed to be
consensus that racing hours and practice hours should be separated. Staff was also
instructed to indicate what non-racing activities would include, such as educational
programs, etc.
Mr. Hahn noted that Mr. Johnson has requested a narrative from the applicant explains
what he specifically wants and why, so if he would hesitate for us to make a whole lot
of changes if we haven't read that yet. There was general agreement and further
discussion. Staff was requested to update the existing comparison table between the
SUPs and the requests in the new application, and indicate which elements are
specifically requested by the applicant and which come from the County Attorney/staff.
There was general discussion about the light requirements. Chairman Burner stated the
County doesn’t have a device to measure the light, at present. That is what he was
asking Ms. Clatterbuck about, earlier. The .5 foot candles is the exact same language
that is referenced in the ordinance. He thinks we need to have a way to measure it if
we're going to have .5 foot candles, but then again, how do we know that .5 foot candles
is sufficient lighting for safety of those entering the connection to the track. There was
discussion that a device that measures the light isn't very expensive, and some
jurisdictions require a professional lighting plan to accompany any development
proposal. They compared the need for lighting for a speedway with a campground.
Chairman Burner agreed there should not be a direct glare onto a joint property owner,
but there's going to have to be some light cast in order to provide a safe environment.
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Ms. Grech noted the Comprehensive Plan mentions lighting and night sky. She doesn’t
think the County has a choice but to buy a device to measure lighting. She’s heard a lot
of complaints about lighting. She spoke about the campground near White House
Bridge, and a lot of complaints about that. She thinks it's time we should address
lighting in the County. She realizes this is a bigger discussion, but it starts practically
with something like this. Mr. Turner stated he thinks if you would go there and see the
lighting when the people are going out of that racetrack, it's nothing shining in
anybody's eyes. The lights are pointing down into the racetrack. He thinks the
complaints are just the glow.
Chairman Burner asked if there was anything else the Planning Commission would like
staff to work on for the next meeting that would help on any decision. Mr. Johnson
stated they may have already addressed it this evening and we missed it. On the first
page, he thinks the County Attorney has done a wonderful job of going through all
these various documents and creating some order out of the chaos of conflicting
definitions that have made it very difficult to track. Kudos to him for doing a great job
I think on this. But one of the things that stands out is that he don't know what a training
event is. He keeps hearing that thrown around he heard the word talked about earlier,
but did they reach a decision on if they were going to define what a training event is?
There are terms that are defined and terms that are not defined. There was discussion
that in the ordinance that was updated, that's where the reference to training came in.
There seemed to be a lack of clarity about difference between practice and training.
Chairman Burner noted that training like rescue and police – his personal opinion is
that shouldn't count against a motorsport event. There was also discussion that it was
unclear how much of the current draft is from staff and how much is the original. How
much is the County Attorney and how much is the wish of the applicant? Planning
Commissioner’s expressed confusion about what came from whom. Mr. Hahn stated
that, generally, all the numbers came from the applicant, not the County Attorney. What
the County Attorney did was try to group and organize things in a way that would
capture all of the flexibility that both the applicant wants and that we have discussed at
various points. The County Attorney probably came up with more of the numbers
dealing with noise. The external numbers such as time, number of events - that was
from the applicant. Staff placed the applicant’s requests as a starting basis for a
decision. That doesn't mean that's where we're going to end up. That's just the basis for
discussion.
Mr. Hahn noted that we’re now waiting on two things from the applicant. One is a narrative
and the second is [he is still considering a sound expert]. Chairman Burner noted that just
everybody is aware, if and when a noise expert is called in or brought in for the Planning
Commission, he is going to call a special meeting where that will be the only subject matter on
the agenda. That way we can focus solely on noise and nothing else, and we can be fully
prepared for a longer period of time for the explanation of that to help in the decision-making
process. But that's up to the applicant whether the noise expert comes. There was discussion
about whether that would be a Tuesday meeting. That is to be determined.
Chairman Burner asked if there were any other questions or concerns. Mr. Johnson stated he
just wanted to be clear on the narrative that he is looking for. As he has looked at these
applications, he noticed a pronounced lack of any narrative. There's a request for 50 days but
no explanation or reference to what is required in our ordinance. Per 125-54, the proposal
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Minutes- May 26, 2026
submitted is modified to have minimum adverse impact on the surrounding neighborhood.
Adverse impact shall be evaluated in consideration of items such as, but not limited to, it goes
on. The applicant for a special use permit shall provide at the time of the application
information and/or data to demonstrate that the proposed use shall be in harmony with the
statement of intent of the specific zoning district in which it is located. Further, the applicant
shall have the responsibility to demonstrate as part of the application that the proposed use
shall have minimum adverse impacts on adjoining property and surrounding neighborhoods in
terms of public health, safety and general welfare and the specific adverse impacts listed
elsewhere. I want to be clear, I'm not suggesting here that we go back to pretending there is no
raceway that was never permitted and has not been in operation. I understand that provides the
baseline from which we move. That it is a permitted activity within certain standards - that's
the baseline, and I for one do not propose anything that would suggest it's not a baseline. But
when we propose going from 36 days to 50 days, I believe that requires a clear statement from
the applicant as to how it relates to those sections of our code. Mostly the application that we
got is a copy of the old application with the old days marked out and 50 written next to it. And
when you compare that to the excellent applications that we've seen come in front of us for the
last three or four times, excellent detail right down to the dollar, this application really lacks a
lot. So, I think it would be nice to have a feathering of the request. Why increase hours? Why
increase days? Why increase this? Why increase that? We need that. Because right now the
only thing we have is to refer to the excellent minutes of all the previous meeting and go back
and read them and aggregate them. We need a document that we can refer to. He asked
Chairman Burner if that was a reasonable request. Chairman Burner stated he thinks it is a fair
request.
D. Pre-Application Meetings
Mr. Hahn summarized the purpose of pre-application meetings, and he reminded everyone that
these would be starting up at the end of June. He had added it to the agenda at Chairman
Burner’s requests to see whether the Planning Commission preferred to have someone present.
After discussion, there was consensus for staff to send a reminder to the Planning Commission
of an upcoming pre-application meeting to see which Planning Commissioner was able to
attend. Mr. Hahn noted that Commissioner attendance would not be required.
Adjourn
Ms. Turner made motion to adjourn. Ms. Davis seconded the motion. Chairman Burner
adjourned the meeting at 9:49 p.m.
___________________________________
Jared Burner, Chairman
Page 15 of 15
County of Page, Virginia
Planning & Community Development
103 South Court St., Suite B
Luray, VA 22835
SPECIAL USE PERMIT
Owner: Feldman and Three Sons Outdoor Sales, LLC
Applicant: Hawk Peak Land, LLC
Tax Map #: 110-(A)-16 and 110-(1)-B
Purpose: Campground
APPROVED __________ DENIED __________
By the Page County Board of Supervisors on _____________
1. This special use permit is transferable; it will meet the requirements in and have privileges
provided for in the Page County Zoning Ordinance, and any ordinance amendments for the period
set forth within the parameters in this special use permit. The special use permit shall remain with
the property for a period of fifty (50) years.
2. Feldman and Three Sons Outdoor Sales, LLC/Hawk Peak Land, LLC, or his/her successor(s)
and/or assigns (Lessors), shall be in compliance with all county ordinances, the Uniform
Statewide Building Code, and all state and federal regulations.
3. The business operator and/or owner shall apply for and maintain a valid Page County business
license.
4. This special use permit shall be limited to a maximum of 200 campsites.
5. The project must be in substantial compliance with the concept plan dated ____________.
6. Proof of liability insurance shall be submitted to the Zoning Administrator prior to operation of
the business and upon any subsequent renewal, as applicable. The County of Page shall be named
as a certificate holder in the policy.
7. A comprehensive emergency action plan must be developed and filed with the Director of
Emergency Services prior to the operation of the campground.
8. Any change of use or expansion of services not included in this special use permit will require an
additional, new, or modified special use permit, as required by the Page County Zoning
Ordinance, at that time.
9. The Zoning Administrator or their designated representative may visit the site at any time to
ensure compliance with the special use permit.
10. Violations: This special use permit may be revoked upon material noncompliance with the terms
of the permit, or upon violation of any other relevant terms of the Zoning Ordinance or any other
ordinances of the County of Page, Virginia. However, prior to the commencement of any action
to revoke this permit, the county shall notify the permit holder in writing of the material in
noncompliance or violation, and the permit holder shall have thirty (30) days thereafter to cure
the material non-compliance or violation. The notice shall be deemed given when hand delivered
Phone: (540) 743-6674
www.pagecounty.virginia.gov
Fax: (540) 743-1419
to the permit holder or when mailed by certified mail, return receipt requested, to the permit
holder.
I (we) the undersigned owner(s)/occupant(s) understand and agree to the foregoing conditions of
this special use permit. I further understand that this special use permit may be reviewed on a
yearly basis or at any time, the county determines necessary to ensure the compliance with and
enforcement of all applicable conditions, codes, and regulations.
_____________________________
Owner(s)
______________
Date
_____________________________
Applicant(s)
______________
Date
_____________________________
Board of Supervisors Chairman
______________
Date
_____________________________
County Administrator
______________
Date
Page 2 of 2
Shenandoah Speedway Properties, LC Comparison Chart
SUP (Oval Track) 3/26/2007
Hours of operation: race days for regularly
scheduled racing events will have a 10:00 p.m.
curfew, with allowance of racing activities
extending no later than 11:00 p.m. if races are
delayed due to weather, race accidents or
power outages
SUP (Moto-cross) 3/15/2011
Hours of operation: Racing event activities
will be allowed for a total of twelve (12)
hours per day starting no earlier than 8:00
a.m. and ending no later than 7:00 p.m.
Practice, training, testing: Monday through
Saturday 10:00 a.m. and 9:00 p.m. with a
maximum number of eight hours a day for
these activities.
Practice, training, testing:
Limited to hours of 10:00 a.m. to 7:00 p.m.
Qualifying and related pre-race activities:
start no earlier than 10 a.m. Monday through
Saturday and 2:00 p.m. on Sundays
Requested Amendments 2026
Hours of operation Motorsports Facility:
Monday through Saturday 7:00 a.m. to 11:00
p.m. and Sunday 8:00 a.m. to 10:00 p.m.
Commented [CR1]: Applicant request.
Facility hours: shall be permitted Monday
through Saturday, and hours of operation shall be
no earlier than 7:00 a.m. and no later than 11:00
p.m. and Sunday no earlier than 8:00 a.m. and no
later than 10:00 p.m.
Motorsports Event hours: Monday through
Saturday 10:00 a.m. to 10:00 p.m. and Sunday
2:00 p.m. to 9:00 p.m. Hours shall not be
extended for any reason.
Other vehicles that use the track, police and
rescue vehicles: sunrise and 9:00 p.m.
Sunday racing: only allowed if a scheduled
race event is rained- out. No earlier than
2:00p.m. and 7:00 p.m. with maximum of 25%
rain-days per season
Version date June 4, 2026
Sunday racing: regularly scheduled events
will be allowed on Sundays, begin no earlier
than 8:00 a.m. and must end no later than
7:00 p.m.
Motorsports Events: are permitted Monday
through Saturday between the hours of 10:00
a.m. and 10:00 p.m., except as noted in subpart D
of this section.
Motorsports Practices: are permitted Monday
through Saturday between the hours of 10:00
a.m. and 10:00 p.m., except as noted in subpart D
of this section.
Sunday events: In the event of a rain delay for a
scheduled Motorsport Event Day, the
rescheduled event may take place the Sunday
immediately following the delayed Event Day.
The rescheduled Event may take place between
2:00 p.m. and 9:00 p.m. The use of a Sunday for
a rescheduled Event must be reported to the
Zoning Administrator within 72 hours following
1
Commented [CR2]: Applicant request.
Shenandoah Speedway Properties, LC Comparison Chart
Version date June 4, 2026
the rescheduled Event. Use of the track for
warmup or testing prior to the rescheduled Event
shall not be permitted prior to 12:00 p.m.
In addition to those regularly scheduled Events,
Tractor pull events shall be permitted on Sundays
between the hours of 2:00 p.m. and 9:00 p.m.
year-round.
Duration: 50 Years
Duration: 50 Years
Non-racing activities: shall include meetings,
private events, maintenance activities,
educational programs, administrative operations,
vendor activities, and other uses of the Facility
that do not involve on-track racing activities. Such
activities may occur Monday through Saturday,
and hours shall be no earlier than 7:00 a.m. and
no later than 11:00 p.m
Duration: 50 Years – effective from March 26,
2007
2
Shenandoah Speedway Properties, LC Comparison Chart
SUP (Oval Track) 3/26/2007
Noise Level: not to exceed 80 dB(A) per single
vehicle pass-by on the track will be measured
at any unabated location along or beyond the
property line.
SUP (Moto-cross) 3/15/2011
Noise Level: not to exceed 80 dB(A) when
measured from any adjoining property line.
Number of events: maximum of 32 events
Number of events: maximum of 32 events ,
Multi-day events are considered one event
for counting purposes.
Racing Season: currently can run all year long
Racing Season: March through November
Version date June 4, 2026
Requested Amendments 2026
Noise Level: be measured at 80 decibels at the
property line for any period exceeding over 8
minutes within an hour.
a) Exceeding 80 dB(A) for any sustained
period of (10) seconds or greater
b) Exceeding 80 dB(A) more than then ten
(10) times in any one (1) hour period,
regardless of duration of each such
event; or
c) Exceeding 88 dB(A), regardless of
duration.
Noise Level: be measured at 90 decibels at the
property line for any period exceeding over 8
minutes within an hour.
a) Exceeding 90 dB(A) for any sustained
period of (10) seconds or greater
b) Exceeding 90 dB(A) more than then ten
(10) times in any one (1) hour period,
regardless of duration of each such
event; or
c) Exceeding 96 dB(A), regardless of
duration.
Number of events: 50 event days
Racing Season: year-round
3
Commented [CR3]: Applicant request.
Shenandoah Speedway Properties, LC Comparison Chart
Version date June 4, 2026
Lighting: shall not be any exterior lighting
intensity on any adjoining property which
exceeds 0.5-foot candles. Not to direct glare
on adjoining streets.
Lighting: shall not be any exterior lighting
intensity on any adjoining property which
exceeds 0.5-foot candles. Not to direct glare
on adjoining streets.
Lighting: Exterior lighting on the property shall be
designed, located, and arranged so as not to
direct glare on adjoining streets or properties.
Sound barriers: Construction will begin for a
21-foot sound-absorbing noise barrier wall
during this phase. South and West sides.
Sound barriers: All thirty-five foot (35’) tall
sound barrier walls in place to the south and
west of the Oval Asphalt track will remain in
place.
Sound barriers: All thirty-five foot (35’) tall sound
barrier walls in place to the south and west of the
Oval Asphalt track will remain in place and be
maintained.
Copy of Schedule Events: On January 31 of each
year a detailed schedule of events for the
upcoming calendar year shall be submitted to the
Page County Zoning Department for review.
(Condition 6)
Overnight Lodging: Sleeping or residing at or on
the Facility (including in any vehicle, trailer,
recreational vehicle, tent, or other temporary or
mobile accommodation).
Overnight Lodging: shall be permitted beginning
the day before a Motorsports Event at 1:00 p.m.
and ending the day after the Motorsports Event
at 12:00 p.m. Shall not exceed two (2) nights per
Motorsports Event (Condition 8)
4
Shenandoah Speedway Properties, LC Comparison Chart
Version date June 4, 2026
DEFINITIONS
Permit Holder: The Owner and Occupant,
named on this Special Use Permit.
Permit Holder: The owner and occupant
named on this Special Use Permit, and all
successors, heirs and/or assigns.
Practice Training and Testing: Any track use
by vehicles, other than the race.
Practice, training and testing: Use of any
track by any vehicles, other than during a
Racing Event.
Practice Event: Any period during which any
vehicle uses the track in a way not related to a
specific race event.
Racing Event: Race cars or other motor
vehicles directly or indirectly competing
against each other.
Racing Event: Race cars or other motor
vehicles directly or indirectly competing
against each other.
Motorsport Event: Any regularly scheduled
and/or advertised gathering for the purpose of
competitive vehicular activity over a fixed course
or area that persist for periods in excess of 15
minutes over one twenty-four-hour period.
Motocross Track: See attached map.
Racing Location(s): Only at the current
Motocross track location as constructed per
the attached map.
Facility: The Motorcross racing / Motorsports
Facility located at Tax Map #96-A-4.
5
Shenandoah Speedway Properties, LC Comparison Chart
Racing Season: Motocross Track – March
through November.
Version date June 4, 2026
Racing Season: Year-round, throughout the
entire year without stopping for a season or
period of time.
Adjoining Property line: Any property line shared
with, or directly abutting, any parcel not part of
the Facility.
A-weighted decibel or dB(A): Sound level
measured using the A-weighting network.
Motorsport Event Day: Any calendar day during
which one or more scheduled Motorsports
Events are conducted on the property.
Scheduled Events. The total number of on-track
sessions (including practice, qualifying, heats,
features, and any other scheduled racing
sessions) that are listed for completion on a given
Motorsports Event Day in the Facility’s published
or internally adopted event schedule for that day.
6
County of Page, Virginia
Planning & Community Development
103 South Court St., Suite B
Luray, VA 22835
SPECIAL USE PERMIT
Applicants: Shenandoah Speedway Properties, LC (Owner)
Shenandoah Speedway, LC (Occupant)
Tax Map #: 96-A-4
Purpose: Motorsports Facility
APPROVED __________ DENIED __________
By the Page County Board of Supervisors on _____________
1) Duration: This special use permit is transferable: it shall meet the requirements in and
have privileges provided for in the Page County Zoning Ordinance and any ordinance
amendments for the period set forth within the parameters in this special use permit. The
special use permit shall remain with the property for the period of (50) years from March
26, 2007. This Special Use Permit supersedes and rescinds the permit granted on, March
26, 2007, and March 15, 2011 granted by the Page County Board of Supervisors.
2) Compliance with Laws: Shenandoah Speedway Properties LC, designee, successor(s),
and/or Lessors, shall be in compliance with all county ordinances, the Uniform Statewide
Building Code, and all state and federal agency regulations.
Commented [CR1]: The 2007 Motor-Sport Park SUP was
approved on 3/26/07 (superseding the SUP approved on
October 17, 2003), so it would expire on 3/26/57, which is
just short of 31 years from now. The 2011 Motocross SUP
was to run concurrent with the 2007 SUP.
3) Definitions. For purposes of this permit, the following terms apply:
A. Facility: The Motorcross racing / Motorsports Facility located at Tax Map #96-A-4.
B. Adjoining Property line: Any property line shared with, or directly abutting, any
parcel not part of the Facility.
C. A-weighted decibel or dB(A): Sound level measured using the A-weighting
network.
D. Motorsport Event: Any regularly scheduled and/or advertised gathering for the
purpose of competitive vehicular activity over a fixed course or area that persist for
periods in excess of 15 minutes over one twenty-four-hour period.
E. Practice Event: Any period during which any vehicle uses the track in a way not
related to a specific race event.
F. Motorsport Event Day: Any calendar day during which one or more scheduled
Motorsports Events are conducted on the property.
G. Scheduled Events. The total number of on-track sessions (including practice,
qualifying, heats, features, and any other scheduled racing sessions) that are listed for
completion on a given Motorsports Event Day in the Facility’s published or internally
adopted event schedule for that day.
Commented [CR2]: Added from 125-4.
H. Overnight Lodging: Sleeping or residing at or on the Facility (including in any
vehicle, trailer, recreational vehicle, tent, or other temporary or mobile
accommodation).
Commented [CR3]: Applicant’s request.
4) Noise Regulations:
A. The Facility shall be operated so that, when measured at any point at an adjoining
property line, the sound level shall not:
1) Exceed 80 dB(A) for any sustained period of 10 seconds or greater; or
2) Exceed 80 dB(A) more than 10 times in any one hour period, which means any
rolling 60-minute period, measured continuously (not limited to clock hours),
regardless of the length of time of each such event; or
3) Exceed 88 dB(A) at any time, it being expressly intended that this limit applies
as an absolute cap and does not reduce or replace the limits set forth above.
B. Mufflers. The Facility shall require that all cars in all classes run an approved muffler
for that class and be no louder than 95 dB(A) at a distance of 100 feet. Mufflers must
be unaltered and intact at all times while operating at the Facility.
C. Measurements. All measurements for purposes of determining compliance with these
conditions shall be performed as follows:
1) Instrumentation. The Facility shall be responsible for purchasing, installing and
monitoring at least one sound level meter meeting ANSI Type 1 or Type 2
performance standards (or successor standards). It shall be configured for Aweighting and “fast” response, and field calibrated immediately before and after
each measurement session in accordance with the manufacturer's instructions.
2) Microphone height and placement. Measurements shall be taken at a height of
5 feet and 6 inches above grade at a measurement location, with the microphone
oriented and shielded (windscreen) per manufacturer's guidance, and positioned
to avoid contact with structure, vegetation, or other obstructions that could
materially affect readings. Measurements shall be conducted at or near
adjoining property lines to determine compliance with the conditions of this
permit.
3) Meteorological limitations. Measurements taken at the adjoining property line
shall not be taken during precipitation or when sustained wind speeds at the
microphone exceed 12 mph, unless the meter and windscreen are rated for such
conditions and the measurement is documented as reliable; if conditions
materially affect readings, the measurement shall be repeated when conditions
permit.
4) Background and extraneous noise. The measurement shall focus on facility
related noise. If extraneous noise (e.g. aircraft, emergency sirens, farm
equipment) materially affects a reading, the affected interval shall be
Page 2 of 8
Commented [MH4]: Question asked: why the phrase
“and beyond any property lines” was removed.
Response: Essentially because enforcement becomes next
to impossible - the applicant can control the measurements
from his property line. However, problems arise with
measuring from beyond the property line unless we are
actively involved in some way… some basic problems
though: how is the sound echoing/bouncing due to various
environmental/geographic conditions that are outside the
control of the applicant; what potential outside variables
are contributing to the sound levels that are being
measured; type of equipment used and position of the
equipment… basically - the applicant can install and control
what is done at his property, but he cannot control what
happens outside of his property.
documented and excluded from the compliance determination, provided that
the exclusion is supported by contemporaneous notes and, if available, audio
recording.
5) Timekeeping. For purposes of section A.1 and A.2, time shall be tracked with
a device accurate to within one second per hour.
D. Compliance.
1) The Facility shall implement and maintain operational controls sufficient to
ensure continuous compliance with this condition, including adjusting
operations as necessary (e.g., limiting vehicle classes, modifying track use,
altering schedules, or implementing noise attenuation measures) whenever
monitoring, complaints, or observed conditions indicate a risk of exceeding the
noise levels set forth herein.
2) Upon any measured or otherwise reliability indicated violation of Section A,
the facility shall promptly take reasonable steps to reduce noise to compliant
levels, including temporary suspension of the activity causing the exceedance
if necessary.
3) The Facility shall maintain records of any sound measurements it performs for
at least 24 months and shall make such records available upon request to the
Zoning Administrator. The Facility shall reasonably cooperate with compliance
measurements conducted by or on behalf of the County from any adjoining
property line or other lawful location.
4) The Facility shall cause an annual acoustic study by an independent third party
to be performed to confirm the operation and calibration of all noise monitoring
equipment, who shall provide a certification of compliance.
E. Exceptions. Noise generated from emergency response vehicles responding to an
emergency at the facility, as well as any safety announcements or emergency warning
systems shall not constitute a noise related violation.
F. Sound Barriers: All Both thirty-five foot (35') tall sound barrier walls in place to the
south and west of the Oval Asphalt Track shall remain in place and be maintained.
5) Maximum Event Days:
A. Annual Cap: The Facility shall be limited to a maximum of fifty (50) Motorsports Event
days per calendar year (the Annual Cap). Multiple Motorsports Events conducted on
the same calendar day shall be counted as one (1) Motorsports Event day.
B. Weather Allowance Days: If a Motorsport Event Day is postponed or rescheduled due
to weather or other occurrence and more than 30% of the total scheduled events for that
day were able to be completed, then the rescheduled continuation day shall be counted
as a separate Motorsport Event Day; provided, however, that up to five (5) such
rescheduled continuation days per calendar year may be conducted and shall not
constitute a violation of the Annual Cap.
C. Unfinished Event Days: If a Motorsport Event day is postponed or rescheduled due to
weather conditions, power outage, or other circumstances deemed by the Zoning
Page 3 of 8
Commented [CR5]: Applicant’s request.
Administrator to be beyond the control of the operator or other occurrence and not more
than 30% of the total scheduled events for that day were able to be completed, then the
rescheduled day shall not be counted as an additional Event Day for purposes of the
Annual Cap; instead, the original event day and the rescheduled continuation day shall
be treated as one (1) Motorsport Event Day (the Unfinished Event Days). However,
no more than ten (10) Unfinished Event Days shall be permitted per calendar year; at
which time the rescheduled event day shall be treated as a separate Motorsport Event
Day and shall be counted against the Annual Cap.
D. If a scheduled Motorsport Event day is cancelled or rescheduled and no racing event
has occurred that day, then such day shall not be counted against the Annual Cap.
E. Each calendar day in which a Motorsport Event occurs beyond fifty (50), except as
permitted in accordance with these conditions shall be considered a separate and
distinct violation of these conditions.
F. The Facility shall maintain reasonable records sufficient to substantiate (a) the event
schedule for each Motorsport Event Day, (b) which scheduled events were completed,
and (c) the reason for any postponement, cancellation, or rescheduling due to weather
or other occurrence. The Facility shall make such records available for inspection to
the Zoning Administrator or their designee upon request. Any determination of
completion percentage and applicability of the allowance shall be made in good faith
and as soon as practicable following the affected Motorsport Event Day.
G. The Facility shall notify the Zoning Administrator as soon as practicable of any
rescheduled Motorsport Event Day.
H. If the Facility invokes a Weather Allowance Day or an Unfinished Event Day, it shall
provide written documentation to the Zoning Administrator confirming the number of
scheduled events as well as a completion tally of all events that occurred on the
scheduled event day.
6) Practice Events. Use of the Facility for practice and training shall only be permitted during
normal hours of operation and must comply with all noise restrictions as set forth in these
conditions. Multiple vehicles are not permitted to practice simultaneously on the track in
a way that mimics or simulates a racing event.
7) Schedule of Events: On or before the last day of February January 31 of each year,
Shenandoah Speedway Properties, LC shall submit to the Page County Zoning
Department, for review, a detailed schedule of events for the upcoming calendar year. The
schedule shall include all proposed event dates, the type of each event, hours of on-track
operations, estimated daily attendance, and identification of any events involving amplified
sound, nighttime racing, or special exhibitions. Any additions, deletions, or other
modifications to the approved schedule shall be submitted to the Page County Zoning
Department immediately upon determination of such change for review and approval.
8) Hours of Operation:
Page 4 of 8
Commented [CR6]: Need to review language from staff.
A. Facility hours shall be permitted Monday through Saturday, and hours of operation
shall be no earlier than 7:00 a.m. and no later than 11:00 p.m. and Sunday no earlier
than 8:00 a.m. and no later than 10:00 p.m.
B. Motorsports Events are permitted Monday through Saturday between the hours of
10:00 a.m. and 10:00 p.m., except as noted in subpart D of this section.
C. Motorsports Practices are permitted Monday through Saturday between the hours of
10:00 a.m. and 10:00 p.m., except as noted in subpart D of this section.
D. Sunday events: In the event of a rain delay for a scheduled Motorsport Event Day, the
rescheduled event may take place the Sunday immediately following the delayed Event
Day. The rescheduled Event may take place between 2:00 p.m. and 9:00 p.m. The use
of a Sunday for a rescheduled Event must be reported to the Zoning Administrator
within 72 hours following the rescheduled Event. Use of the track for warmup or
testing prior to the rescheduled Event shall not be permitted prior to 12:00 p.m.
In addition to those regularly scheduled Events, Tractor pull events shall be permitted
on Sundays between the hours of 2:00 p.m. and 9:00 p.m. year-round.
E. Non-racing Facility activities shall be permitted Monday through Saturday, and hours
of operation shall be no earlier than 7:00 a.m. and no later than 11:00 p.m. Non-racing
activities shall include meetings, private events, maintenance activities, educational
programs, administrative operations, vendor activities, and other uses of the Facility that
do not involve on-track racing activities. Such activities may occur Monday through
Saturday, and hours shall be no earlier than 7:00 a.m. and no later than 11:00 p.m.
9) Overnight Lodging:
A. Overnight lodging in conjunction with a Motorsports Event is permitted only for
registered participants and authorized attendees, and only during the time period set
forth herein.
B. “Registered participants” means individuals whose names and required registration
information have been submitted to and accepted by the event organizer in advance of
the Motorsport Event.
C. Authorized attendees includes drivers, crew members, immediate family members of
drivers and crew members, and necessary support personnel. All authorized attendees
must be registered with and approved by the event organizer in advance of the event.
D. Overnight lodging is authorized beginning the day before a Motorsports Event at 12:00
p.m. and ending the day after the Motorsports Event at 12:00 p.m.
E. Overnight lodging shall not exceed two (2) nights per Motorsports Event.
F. Overnight lodging is a limited, revocable permission granted solely in connection with
a Motorsport Event and does not create a lease, tenancy, easement, or other property
right, including the establishment of a campground or mobile home park.
10) Lighting: All exterior lighting on the property shall be designed, located and arranged so
as not to direct glare on adjoining streets or properties. All exterior lighting on the property
shall be designed, located and arranged so as not to direct glare on adjoining streets or
properties. Lighting intensity at adjoining property lines shall not exceed 0.5 footcandles.
11) Violations. The following provisions shall govern violations of this Permit.
A. Defined terms: for purposes of this section, the following definitions shall apply:
Page 5 of 8
Commented [CR7]: Applicant’s request for new
Motorsports Facility Hours.
Commented [CR8]: Applicant’s request.
Commented [JH9]: Cassie – I attempted a rewrite of this.
Let me know what you think before sending to Michael.
Commented [MH10R9]: We might want to modify this
with some of my other changes
Commented [MH11R9]: Also - it was mentioned that
tractor pulls might be a Sunday activity - we could work on
some language for that in the next draft I will need to work
on
Commented [MH12R9]: I made some additional changes
- I wasn’t sure about use of the track for warmups on a
Sunday so I included some language to consider
Commented [CR13]: Need to review language from staff.
Commented [CR14]: Applicant’s request. Added
language from County Attorney.
Commented [CR15]: Deleted- There shall not be any
exterior lighting intensity on any adjoining property to
exceed .5 foot-candles.
Commented [CR16]: Enforceability is being review by
County Attorney.
1) Racing Season: the period in each calendar year during which Motorsports
Events and Practice Events are conducted pursuant to the Permit’s schedule and
hours limitations.
2) Violation: any failure to comply with any condition of the Permit, including
without limitation noise limits and measurement requirements, maximum event
day limits, schedule submission/updates, hours of operation, overnight lodging
restrictions, lighting requirements, recordkeeping, and cooperation with
inspections and compliance measurements.
3) Offense: the number (first, second, third, etc.) of Violations assessed within the
same Racing Season, regardless of whether the Violations are of the same type,
subject to the seasonal calculation rule as set forth in section 3.
4) Material Noncompliance Offense: (i) any Violation which creates a substantial
risk of harm to public health, safety, or welfare, (ii) any Violations which
materially impairs the County’s ability to verify compliance (including refusal
to permit lawful inspection or to provide required records), or (iii) exceeding
two (2) noise violations in a single Motorsport Event Day.
B. Notice; opportunity to cure
1) Written notice. Prior to imposing any penalty, suspension or revocation remedy
as provided in section 4 of this provision, the County shall provide the Permit
holder written notice describing the alleged Material Noncompliance or
Violation with reasonable specificity. Notice shall be deemed given when handdelivered, served by legal process, or mailed by certified mail to the Permit
holder.
2) Cure period. The Permit holder shall have thirty (30) days after receipt of notice
to cure the Violation or Material Noncompliance to the County’s reasonable
satisfaction.
C. Tiered penalty system
1) Seasonal calculation; non-cumulative rule. Violations shall be calculated on a
seasonal basis and shall not be cumulative over multiple Racing Seasons.
2) Successive violations; not limited by type. This tiered penalty system applies to
successive Violations of the Permit and is not limited to successive Violations
of the same type; by way of example, a first offense noise Violation followed
by a later hours-of-operation Violation in the same Racing Season shall be
treated as a second Offense.
D. Penalties and remedies.
1) First Offense Violation. Upon a first Offense, the County shall issue a written
warning detailing the Violation, the Permit condition(s) implicated, the
evidence relied upon (including, where applicable, measurement records), and
the required corrective action and deadline within the cure period.
Page 6 of 8
Commented [MH17]: This is new and needs to be
reviewed - keep, modify, etc
Commented [MH18]: I made the penalty structure to say
up to - instead of a flat amount - there may be minor
violations that you wouldn’t want a bigger penalty for essentially trying to maintain the equity
2) Second Offense Violation. Upon a second Offense, the County may impose a
civil fine not to exceed Two Thousand Five Hundred Dollars ($2,500.00). No
Motorsports Facility activity shall resume after issuance of the fine notice until
the fine has been paid in full, unless the County provides written authorization
for limited operations solely necessary to implement corrective measures.
3) Third Offense Violation. Upon a third Offense, the County may revoke the
Permit for a period up to thirty (30) days. During such revocation period,
Motorsports Events and Practice Events shall not be conducted at the Facility.
4) Fourth or subsequent Offense Violation. Upon a fourth or subsequent Offense,
the County may revoke the Permit for a period up to one (1) calendar year.
During such revocation period, Motorsports Events and Practice Events shall
not be conducted at the Facility.
5) Material Noncompliance Offense. Upon a Material Noncompliance Violation,
the Permit shall be subject to revocation for thirty (30) days commencing on
the date of notice by the county, subject to any applicable statutory appeal
period. During such revocation period, Motorsports Events and Practice Events
shall not be conducted at the Facility.
6) Second Material Noncompliance Offense. Upon second Material
Noncompliance Violation, the Permit shall be subject to revocation for a period
up to one (1) full calendar year commencing on the date of notice by the County,
subject to any applicable statutory appeal period.
7) Any Violation committed during a period of active suspension or revocation
shall result in the Permit being subject to permanent revocation.
8) All fines and periods of suspension are subject to statutory appeal periods. Each
day of violation constitutes a separate offense, but violations arising from the
same set of facts cannot be charged more frequently than once in a 10-day
period.
E. Evidence; records; cooperation
1) The Facility shall reasonably cooperate with compliance measurements
conducted by or on behalf of the County from any adjoining property line or
other lawful location, and shall make required records available upon request
to the Zoning Administrator.
2) The Facility shall maintain records of sound measurements it performs for at
least twenty-four (24) months and shall maintain reasonable records sufficient
to
substantiate
event
schedules,
completed
events,
and
postponement/cancellation reasons, and shall provide such records for
inspection upon request.
Page 7 of 8
3) Failure to maintain or timely produce records required by the Permit, or
interference with lawful inspection, shall constitute a separation Violation and
may be treated as Material Noncompliance.
F. The remedies in this provision are in addition to, and do not limit, any other
enforcement authority available to the County under the Zoning Ordinance or other
applicable ordinances, including revocation for material noncompliance following
notice and cure as stated herein. The County’s decision not to enforce a Violation at
any time shall not be deemed a waiver of the right to enforce the same or any other
Violation later.
12) Inspections: The Zoning Administrator or his designated representative may visit the
site at any time to ensure compliance with the Special Use Permit conditions. For safety
purposes, the Zoning Administrator or his designated representative shall attempt to
notify the Permit Holder prior to entering the facility. However, in the event of an
emergency or in the event that the Zoning Administrator, or his designated representative,
is unable to notify the Permit Holder, then the Zoning Administrator shall still be entitled
to inspect the Property.
I (we) the undersigned owner(s)/occupant(s) understand and agree to the foregoing conditions
of this special use permit. I further understand that this special use permit may be reviewed on
a yearly basis or at any time, the county determines necessary to ensure the compliance with
and enforcement of all applicable conditions, codes, and regulations.
_____________________________
Owner(s)/Occupant(s)
______________
Date
_____________________________
Board of Supervisors Chairman
______________
Date
_____________________________
County Administrator
______________
Date
Page 8 of 8
§ 125-9. Woodland-Conservation (W-C). [Amended 4-8-1991; 12-9-1991; 4-12-1993;
5-11-1999; 7-13-1999; 2-12-2002; 6-10-2003; 6-21-2005; 12-19-2006; 12-16-2008; 4-21-2009;
6-16-2009; 10-20-2009; 4-20-2010; 9-16-2014; 2-7-2017; 8-1-2017; 3-17-2020; 5-15-2023;
7-15-2024; 2-18-2025; 7-21-2025; 9-15-2025; 2-17-2026]
A.
B.
Statement of intent. It is the intent of this district to perpetuate the rural atmosphere, open
space and scenic landscape of the area. This district is established for the specific purpose of
conserving natural resources, protecting fragile environmental areas, reducing soil erosion,
protecting watersheds, reducing hazards from flooding and protecting existing farmland. This
district covers portions of the County which are occupied by mountain areas, heavily forested
areas and other open space uses such as recreation areas, floodplains and farms. The area also
contains portions where the depth to bedrock is shallow and presents some limitations to
development. The protection of the Shenandoah River is also essential, and because of
potential pollution problems due to on-lot sewage effluent, erosion and sedimentation from
construction and disturbing of the landscape, the area near the river must remain open in
nature.
Commented [MH1]: It may be worth clarifying whether
the 2 dwelling cap includes the STR or whether the STR is in
addition to the 2 dwellings served by the private drive. If the
latter, I modified the language to clarify
Deleted:
Deleted: containing
Formatted: Font: 12 pt, Font color: Red
Formatted: Font: 12 pt, Font color: Red
Commented [MH2]: What is this adding? Subject to what
clause are we talking about? We can simply remove this if
there isn’t something specific we’re noting - meaning it’s byright if 3 or less bedrooms
Deleted: ,
Permitted uses shall be as follows:
Formatted: Font: 12 pt, Font color: Red
(1) Forest, scenic and wildlife preserves and conservation areas.
Deleted: and with
Formatted: Font: 12 pt, Font color: Red
(2) Agriculture.
Deleted:
(3) Wayside or roadside stand or market.
Formatted: Font: 12 pt, Font color: Red
(4) Single-family detached dwellings.
Deleted:
(5) Cemeteries; police, fire and rescue squad stations; other essential public services.
(6) Portable sawmills, portable chipping mills, and portable shaving mills.
Formatted: Font: 12 pt, Font color: Red
Deleted: ing
Formatted: Font: 12 pt, Font color: Red
(7) Bed-and-breakfast establishments and short-term tourist rentals, subject to the
provisions of § 125-30.21.
Formatted: Font: 12 pt, Font color: Red
(8) Short-term tourist rentals meeting the following conditions:
Formatted: Font: 12 pt, Font color: Red
a) Bedrooms: the short-term tourist rental contains no more than three bedrooms,
subject to the provisions of § 125-30.21; and
b) Access Requirement. The short-term tourist rental must satisfy one of the
following access conditions:
Deleted: no
Formatted: Font: 12 pt, Font color: Red
Deleted: . Only one short-term tourist rental is
permitted per parcel of land, unless a second
short-term tourist rental is permitted by special
use permit.
Formatted: Font: 12 pt, Font color: Red
i.
The parcel on which the dwelling is located has frontage on a public
road; or
Formatted
ii.
The parcel on which the dwelling is located is accessed by a private
lane or driveway that serves the short-term tourist rental and no more
than two additional dwellings; and
Commented [MH3]: This is required under 15.2-983 - we
should probably go ahead an include it - and likely add in a
definition - it can be owner-occupied - but most call it
“hosted”. I just used this term to draw attention.
It needs to be included for all zoning districts
c) Number of rentals per parcel. Only one short-term tourist rental is permitted per
parcel of land.
(9) Owner-occupied short-term tourist rentals
(10) Manufactured homes and individual mobile homes.
(11) Electric facilities operated at 40 kilovolts or less.
1
Formatted: Font: 12 pt, Font color: Red
I didn’t go out of my way to create a full breakdown here - it
should identify owner must be present, must live there full
time/permanent residence, etc.
Formatted: Font color: Custom Color(RGB(238,0,0))
Formatted: Font color: Custom Color(RGB(238,0,0))
Formatted: Font color: Custom Color(RGB(238,0,0))
(12) Confined feeding operations and confined poultry feeding operations pursuant to the
requirements of Article VI of this chapter and pursuant to all other provisions of this
chapter.
(13) Tiny home dwellings.
(14) Only one permitted principal residential structure shall be allowed on any lot, tract or
parcel of land.
C.
Permitted accessory uses located on the same lot with the permitted principal use shall be as
follows:
(1) Private garage or private parking area.
(2) Signs pursuant to § 125-20.
(3) Home occupations pursuant to § 125-15.
(4) Customary accessory uses and buildings, provided that they are clearly incidental to the
principal use pursuant to § 125-16.
(5) Guesthouse, as defined in § 125-4.
(6) Family day home (less than five unrelated children).
(7) Small system wind energy facility.
(8) Windmill.
(9) Catering facilities, subject to the provisions of § 125-30.24.
(10) Mobile food vending operations, subject to the provisions of § 125-30.25.
D.
Uses permitted by special permit shall be as follows:
(1) Lodges or clubs for climbing, hunting, fishing, gunning, nature observation or other
similar recreation purposes pursuant to § 125-22.
(2) Commercial outdoor recreation areas and facilities: parks (except amusement parks),
playgrounds, picnic grounds, swimming clubs, country clubs, golf courses and driving
ranges, miniature golf courses; archery; laser tag; paintball; and other similar uses, all
pursuant to § 125-22.
(3) Churches and public schools.
(4) Electric facilities operated above 40 kilovolts.
(5) Publicly owned sanitary landfills which meet all federal, state and County requirements
and regulations.
(6) Outdoor commercial recreation areas and facilities: camps and campgrounds pursuant to
§ 125-66.
(7) Pole-designed tower facilities or pole-designed structures not to exceed 100 feet in
height with a minimum setback from all property lines of 200 feet, to be used for the
primary purpose of communications, including, by way of illustration but not limited to,
the following: telephone, radio, television, cable, and signal by special use permit.
(8) Commercial sawmills, commercial chipping mills, and commercial shaving mills
2
pursuant to § 125-30.4.
(9) Commercial workshops, as defined in § 125-4.
(10) Veterinarian clinics, pet grooming, boarding and breeding of animals, as defined in
§ 125-4.
(11) Family day home (five or more unrelated children) pursuant to § 125-30.6.
(12) Small system wind energy facility.
(13) Windmill.
(14) Wholesale businesses and storage warehouses within "confined poultry feeding
operation" buildings constructed prior to October 1, 2009. Storage of personal property
of the property owner and all agricultural uses are exempt.
(15) Event venue.
(16) Auto repair service facility/public garage.
(17) Indoor and outdoor shooting ranges.
(18) Commercial parking facilities.
(19) Riding stables or academies.
(20) Quarry operations pursuant to § 125-30.23.
(21) Short-term tourist rentals meeting any one or more of the following:
a) Bedrooms. The short-term tourist rental contains four or more bedrooms;
b) Access. The short-term tourist rental is accessed from a private lane or driveway
that serves the short-term tourist rental and more than two additional dwellings;
or
c) Number of rentals per parcel. The short-term rental would be a second shortterm tourist rental on a single parcel of land.
E.
Minimum lot size shall be as follows: area: 1 3/4 acres; width at setback line: 150 feet. Lots
on cul-de-sac may have width reduced to 50 feet.
F.
Minimum yard dimensions shall be as follows: front yard: 50 feet, except cul-de-sac lots may
be 70 feet; each side yard: 20 feet; rear yard: 50 feet.
G.
Maximum coverage and height shall be as follows: maximum building coverage: 15%;
maximum height from average grade: 35 feet/2 1/2 stories. All accessory buildings shall be
less than the main building in height, except as provided for in § 125-14D.
H.
Any new structure designed to be occupied as a residence, church, school, community center
or commercial establishment or industry or any other structure designed for public occupancy
shall not be located closer than 300 feet from any confined feeding operation as defined in
Article VI, § 125-32, of this chapter. Any structure to be occupied as a residence on the same
property as the confined feeding operation or confined poultry feeding operation is excluded
from this requirement.
I.
All wells in W-C Zoned Districts shall be a Class III "B" well and shall maintain a fifty-foot
setback from all property lines adjacent to parcel(s) three acres or larger that are used for an
3
Deleted:
Formatted: Font color: Custom Color(RGB(238,0,0))
Deleted: containing four or more bedrooms, or
accessed from a private lane or driveway serving
more than two dwellings, or
Formatted: Justified, Right: 0.25"
agricultural operation, as defined in § 3.1-22.29(B), Code of Virginia (1950), as amended.1 A
variance may be sought through the Page County Board of Zoning Appeals for a well location
closer than 50 feet to the property line if either of the following criteria listed can be achieved:
i) the owner of the adjacent property that is used for an agricultural operation may grant
written permission for construction within 50 feet of the property line; or ii) certification by
the Page County Health Department that no other site on the property complies with zoning
regulations for the construction of a private well. If approved, a variance conveyance form,
which is part of the Page County appeal/variance application, must be recorded at the Page
County Circuit Court within 90 days of the approval. Failed private drinking water wells that
must be replaced by order of the local health department shall follow state health regulations
for determining a site for a new well and are exempt from adhering to the foregoing variance
procedure.
J.
Site plan. Before obtaining a zoning permit for the uses listed within this district either as a
permitted use, accessory use or by special use permit a site plan shall be submitted with the
zoning application (prior to construction). The site plan should include:
(1) Boundary of the parcel with project name, tax map number, and owner name and
contact information.
(2) Building location and setbacks from property lines.
(3) Parking spaces.
(4) Proposed signs.
(5) Lighting with a description.
§ 125-10. Agriculture (A-1). [Amended 4-8-1991; 4-12-1993; 9-9-1996; 5-11-1999;
7-13-1999; 2-12-2002; 6-10-2003; 6-21-2005; 12-19-2006; 3-18-2008; 12-16-2008; 4-21-2009;
6-16-2009; 10-20-2009; 4-20-2010; 9-18-2012; 9-16-2014; 2-7-2017; 8-1-2017; 6-5-2018;
3-17-2020; 5-19-2020; 5-15-2023; 7-15-2024; 2-18-2025; 7-21-2025; 9-15-2025; 2-17-2026]
A.
Statement of intent. This district is intended to preserve the character of those portions of the
County where agricultural and other low-intensity uses predominate. To ensure the success
of the above goal, it is necessary to maintain a relatively low density of development. The
permitted uses should include mainly agriculture and related uses. Generally, soils in these
areas are well suited for agricultural purposes. As agricultural land is a primary resource and
economic asset of the County, it must be preserved to the greatest extent possible. Very lowdensity development may be permitted in this area, but agricultural preservation is the primary
intent of this district.
B.
Permitted uses shall be as follows:
(1) Agriculture.
(2) Wayside or roadside stand or market.
(3) Forest, scenic and wildlife preserves and conservation areas.
(4) Single-family detached dwellings.
(5) Cemeteries; police, fire and rescue squad stations; other essential public services.
(6) Portable sawmills, portable chipping mills, and portable shaving mills.
(7) Electric facilities operating at 40 kilovolts or below.
4
(8) Bed-and-breakfast establishments and short-term tourist rentals, subject to the
provisions of § 125-30.21.
(9) Short-term tourist rentals containing no more than three bedrooms, subject to the
provisions of § 125-30.21, and with frontage on a public road or accessed by a private
lane or driveway serving no more than two dwellings. Only one short-term tourist
rental is permitted per parcel of land, unless a second short-term tourist rental is
permitted by special use permit.
(10) Manufactured homes and individual mobile homes.
(11) Confined feeding operations and confined poultry feeding operations pursuant to the
requirements of Article VI of this chapter and pursuant to all other provisions of this
chapter.
(12) Only one permitted principal residential structure shall be allowed on any lot, tract or
parcel of land.
(13) Town of Luray Wastewater Facility.
(14) Distilleries which are licensed by the Commonwealth in accordance with the Virginia
Alcoholic Beverage Control Act, or other Virginia laws, as amended, from time to time.
There shall be a limit of 5,000 gallons per year. The applicant shall provide a measured
site sketch of the property, including but not limited to parking, and the building used to
house the operation. Anything above and beyond the gallons allowed or activity allowed
will require a special use permit.
(15) Farmers market.
(16) Greenhouse retail sales.
(17) Brewery.
(18) Winery.
(19) Aircraft maintenance facilities, avionics repair facilities, aviation terminal buildings, and
any other buildings and/or structures related to aviation that are adjacent to and under
the control of a public use airport.
(20) Tiny home dwellings.
C.
Permitted accessory uses located on the same lot with the permitted principal use shall be as
follows:
(1) Private garage or private parking area.
(2) Signs pursuant to § 125-20.
(3) Home occupations pursuant to § 125-15.
(4) Customary accessory uses and buildings, provided that they are clearly incidental to the
principal use pursuant to § 125-16.
(5) Guesthouse, as defined in § 125-4.
(6) Family day home (less than five unrelated children).
(7) Small system wind energy facility.
5
(8) Windmill.
(9) Catering facilities, subject to the provisions of § 125-30.24.
(10) Mobile food vending operations, subject to the provisions of § 125-30.25.
D.
Uses permitted by special permit shall be as follows:
(1) Lodges or clubs for climbing, hunting, fishing, gunning, nature observation or other
similar recreation purposes pursuant to § 125-22.
(2) Commercial outdoor recreation areas and facilities: parks (except amusement parks),
playgrounds, picnic grounds, swimming clubs, country clubs, golf courses and driving
ranges, miniature golf courses; archery; laser tag; paintball; and other similar uses, all
pursuant to § 125-22.
(3) Publicly owned sanitary landfills which meet all federal, state and County requirements.
(4) Recreational trailer camps pursuant to § 125-19.
(5) Airstrips meeting all federal, state and County requirements and not to be closer than
1,000 feet from a residential district boundary. All airstrips shall meet requirements as
established in § 125-26.
(6) Electric facilities operating above 40 kilovolts.
(7) Churches and public schools.
(8) Professional offices, not higher than two stories and not exceeding 5,000 square feet in
area, by special use permit.
(9) Outdoor commercial recreation areas and facilities: camps and campgrounds pursuant to
§ 125-66.
(10) Pole-designed tower facilities or pole-designed structures not to exceed 100 feet in
height with a minimum setback from all property lines of 200 feet, to be used for the
primary purpose of communications, including, by way of illustration but not limited to,
the following: telephone, radio, television, cable, and signal by special use permit.
(11) Commercial sawmills, commercial chipping mills, and commercial shaving mills
pursuant to § 125-30.4.
(12) Commercial workshops as defined in § 125-4.
(13) Veterinarian clinics, pet grooming, boarding and breeding of animals as defined in
§ 125-4.
(14) Family day home (five or more unrelated children) pursuant to § 125-30.6.
(15) Wholesale businesses and storage warehouses within "confined poultry feeding
operation" buildings constructed prior to October 1, 2009. Storage of personal property
of the property owner and all agricultural uses are exempt.
(16) Event venue.
(17) (Reserved)
(18) (Reserved)
6
(19) Self-storage unit.
(20) Farm implements sales with or without service facilities.
(21) Indoor and outdoor shooting ranges.
(22) Auto repair service facility/public garage.
(23) (Reserved)
(24) (Reserved)
(25) Commercial parking facilities.
(26) Riding stables or academies.
(27) Quarry operations pursuant to § 125-30.23.
(28) Short-term tourist rentals containing four or more bedrooms, or accessed from a private lane
or driveway serving more than two dwellings, or a second short-term tourist rental on a
parcel of land.
E.
Minimum lot size shall be as follows: area: 1 3/4 acres; width at setback line: 150 feet.
F.
Minimum yard dimensions shall be as follows: front yard: 50 feet, except cul-de-sac lots may
be 70 feet; each side yard: 20 feet; rear yard: 50 feet.
G.
Maximum building coverage and height shall be as follows: maximum building coverage:
10%; maximum height from average grade: 35 feet/2 1/2 stories. All accessory buildings shall
be less than the main building in height, except as provided in § 125-14D.
H.
Any new structure designed to be occupied as a residence, church, school, community center
or commercial establishment or industry or any other structure designed for public occupancy
shall not be located closer than 300 feet from any confined feeding operation as defined in
Article VI, § 125-32, of this chapter. Any structure to be occupied as a residence on the same
property as the confined feeding operation or confined poultry feeding operation is excluded
from this requirement.
I.
All wells in Agricultural Zoned Districts shall be a Class III "B" well and shall maintain a
fifty-foot setback from all property lines adjacent to parcel(s) three acres or larger that are
used for an agricultural operation, as defined in § 3.1-22.29(B), Code of Virginia (1950), as
amended.2 A variance may be sought through the Page County Board of Zoning Appeals for
a well location closer than 50 feet to the property line if either of the following criteria listed
can be achieved: i) the owner of the adjacent property that is used for an agricultural operation
may grant written permission for construction within 50 feet of the property line; or ii)
certification by the Page County Health Department that no other site on the property
complies with zoning regulations for the construction of a private well. If approved, a variance
conveyance form, which is part of the Page County appeal/variance application, must be
recorded at the Page County Circuit Court within 90 days of the approval. Failed private
drinking water wells that must be replaced by order of the local health department shall follow
state health regulations for determining a site for a new well and are exempt from adhering to
the foregoing variance procedure.
J.
Site plan. Before obtaining a zoning permit for the uses listed within this district either as a
permitted use, accessory use or by special use permit a site plan shall be submitted with the
zoning application (prior to construction). The site plan should include:
7
(1) Boundary of the parcel with project name, tax map number, and owner name and
contact information.
(2) Building location and setbacks from property lines.
(3) Parking spaces.
(4) Proposed signs.
(5) Lighting with a description.
§ 125-11. Residential (R). [Amended 7-9-1990; 6-21-2005; 12-19-2006; 9-16-2008;
12-16-2008; 2-17-2009; 2-17-2009; 4-21-2009; 6-16-2009; 10-20-2009; 8-1-2017; 4-18-2022;
3-20-2023; 2-18-2025; 9-15-2025]
A.
Statement of intent. This district is intended to promote and encourage residential
development which will blend with existing development and create an appropriate living
environment. The regulations of this district are designed to create a harmonious residential
community and to promote a suitable environment for family life.
B.
Permitted uses shall be as follows:
(1) Single-family detached dwellings.
(2) Two-family dwellings.
(3) Multifamily dwellings.
(4) Garden apartments and townhouses pursuant to § 125-17.
(5) Public buildings owned and operated by the County, an authority organized by the
County or a corporation franchised by the Commonwealth of Virginia.
(6) Churches and cemeteries; schools and fire, police and rescue squad stations; parks and
playgrounds and recreational facilities; community clubhouses intended for residents
only; other essential public services.
(7) Electric facilities operating at 40 kilovolts or below.
(8) Bed-and-breakfast establishments.
(9) Only one permitted principal residential structure shall be allowed on any lot, tract or
parcel of land.
(10) Age-restricted communities, pursuant to § 125-30.5.
(11) A manufactured home which replaces a mobile home that has been removed, destroyed
or has suffered severe damage; however, such mobile home must be replaced by a
manufactured home within 120 days of the removal of or damage or destruction to the
mobile home, with leave to the applicant to request of the Zoning Administrator an
extension of an additional 120 days.
(12) Short-term tourist rental, subject to the provisions of § 125-30.21.
(13) Residential farm.
C.
Permitted accessory uses located on the same lot with the permitted principal use shall be as
follows:
8
(1) Private garage or private parking areas.
(2) Signs pursuant to § 125-20.
(3) Home occupations pursuant to § 125-15.
(4) Customary accessory uses and buildings, provided that they are clearly incidental to the
principal use pursuant to § 125-16.
(5) Guesthouse, as defined in § 125-4.
(6) Family day home (less than six unrelated children).
(7) Catering facilities, subject to the provisions of § 125-30.24.
D.
Uses permitted by special permit shall be as follows:
(1) Hospitals, orphanages, convalescent homes for the care of the sick, aged or crippled,
family care homes, foster homes or group homes serving physically handicapped,
mentally ill, intellectually disabled or other developmentally disabled persons, not
related by blood or marriage, meeting all federal, state, County and other requirements
of this chapter.
(2) Electric facilities operating above 40 kilovolts.
(3) Manufactured homes in subdivisions pursuant to § 125-29.
(4) Family day home (six or more unrelated children) pursuant to § 125-30.6
(5) Child day center pursuant to § 125-30.6.
(6) Small system wind energy facility.
(7) Windmill.
(8) Tiny home dwellings.
(9) Short-term tourist rentals, subject to the provisions of § 125-30.21.
E.
Minimum lot size and dimensions shall be as follows:
Minimum
Area Per
Dwelling
Unit
Minimum
Lot Width
Per Dwelling Unit
(feet)
Front
Yard
Setback
(feet)
Side
Public water
and sewer
15,000
square feet
100
35
15
35
Public water or
sewer
On-site water
and sewer
20,000
square feet
100
35
15
35
1 3/4 acre
150
35
15
50
Rear
(1) Any new structure designed to be occupied as a residence, church, school, community
center or commercial business establishment or industry or any other structure designed
for public occupancy shall not be located closer than 300 feet from any confined feeding
9
operation as defined in § 125-32, Article VI, of this chapter.
(2) All wells in Residential zoned districts shall be a Class III "B" well and shall maintain a
fifty-foot setback from all property lines adjacent to parcel(s) three acres or larger that
are used for an agricultural operation, as defined in § 3.1-22.29(B), Code of Virginia
(1950), as amended.3 A variance may be sought through the Page County Board of
Zoning Appeals for a well location closer than 50 feet to the property line if either of the
following criteria listed can be achieved: (i) the owner of the adjacent property that is
used for an agricultural operation may grant written permission for construction within
50 feet of the property line; or (ii) certification by the Page County Health Department
that no other site on the property complies with zoning regulations for the construction
of a private well. If approved, a Variance Conveyance form, which is part of the Page
County Appeal/Variance application, must be recorded at the Page County Circuit Court
within 90 days of the approval. Failed private drinking water wells that must be replaced
by order of the local health department shall follow state health regulations for
determining a site for a new well and are exempt from adhering to the foregoing variance
procedure.
(3) For lots served by public water and public sewer, the minimum lot size for single-family
attached and single-family detached dwellings shall be 15,000 square feet and the
minimum lot width shall be 100 feet. A lot containing a single-family attached may be
further divided into separate parcels for each dwelling unit, provided that the resulting
lot size for each dwelling unit is a minimum of 7,500 square feet with a minimum lot
frontage of 50 feet for each dwelling unit, and provided further that there be a firewall
meeting all legal and regulatory requirements between the two dwellings.
(4) Multifamily dwellings must be served by public water and sewer. The minimum lot size
shall be 15,000 square feet, plus an additional 3,000 square feet for each unit over two.
F.
Maximum building coverage and height shall be as follows: maximum building coverage:
20%; maximum height from average grade: 35 feet/two and one-half (2 1/2) stories.
§ 125-12. Commercial (C-1). [Amended 11-10-1999; 2-12-2002; 5-14-2002; 6-21-2005;
3-18-2008; 12-16-2008; 4-21-2009; 6-16-2009; 10-20-2009; 10-18-2016; 8-1-2017; 7-21-2025;
9-15-2025; 1-5-2026]
A.
Statement of intent. Generally, this district covers the areas of the County intended for the
conduct of general business to which the public requires direct and frequent access, but which
is not characterized either by constant heavy trucking, other than stocking and delivery of
light retail goods, or by any nuisance factors other than occasioned by light and noise of
congregation of people and passenger vehicles. This area is also intended to provide services
for visitors and tourists.
B.
Permitted uses shall be as follows:
(1) Retail stores or shops for the conducting of any retail business, including but not limited
to convenience store; craft shop; florist; pawnshop; farmers market; greenhouses;
hardware store; art and framing; antique shop; and other similar uses (excluding coal,
wood and lumber yards).
(2) Service shops, including but not limited to physical fitness center; funeral home; beauty,
barber, or nail shops; laundromat and dry cleaner; self-storage unit; community center;
auto body shop; car wash/detail; auto repair service facility; metal working and welding;
and other similar uses.
10
(3) Business, professional or government offices, and office buildings, including but not
limited to post office; public safety facilities- police, fire, and rescue; real estate office;
medical and dental offices; veterinarian clinic; animal husbandry/commercial kennel
operation; media-related office; library; contractor office; rehabilitation centers;
religious cultural and educational institutions; tax preparation; pharmacy;
telecommunication call center; nursing homes; and other similar uses.
(4) Banks, savings, and loan associations, including but not limited to credit unions; payday
loans; investment services; and other similar uses.
(5) Places serving food and/or beverages, including but not limited to restaurant, general;
restaurant, drive-thru; cafe; tavern; nightclub; bar; pub; bakery; deli; brewery; winery;
event venue; catering facility; mobile food vending operation, subject to the provisions
of § 125-30.24; and other similar uses.
(6) Theaters or motion-picture theaters, except drive-ins and adult movie theaters.
(7) Automobile or mobile home sales with or without service facilities.
(8) Travel information areas.
(9) Motels and hotels (except adult motels); short-term tourist rentals, subject to the
provisions of § 125-30.21; bed-and-breakfast establishments; and accessory and/or
upstairs apartments.
(10) Indoor bowling alleys; skating rinks; archery; laser tag; and paintball.
(11) Farm implement sales with or without service facilities.
(12) Agriculture.
(13) Single-family detached dwellings; however, each lot shall comply with the requirements
of §§ 125-9E or 125-10E.only one single-family detached dwelling shall be allowed on
any lot, tract or parcel of land.
(14) All facilities required by public utilities except power generation and water and/or
wastewater treatment plants.
(15) Shops engaged in the manufacturing and retail sales of cabinets, furniture and upholstery.
(16) Luray Caverns Airport.
(17) Child day center pursuant to § 125-30.6.
(18) Commercial outdoor recreation areas and facilities: parks (except amusement parks),
playgrounds, picnic grounds, swimming clubs, country clubs, golf courses and driving
ranges, miniature golf courses; archery; laser tag; paintball; and other similar uses.
C.
Permitted accessory uses located on the same lot with the permitted principal use shall be as
follows:
(1) Off-street parking areas pursuant to the provisions of § 125-21.
(2) Signs pursuant to § 125-20.
(3) Customary accessory uses and buildings, provided that such are clearly incidental to the
principal use pursuant to § 125-16.
11
(4) Small system wind energy facility and/or other small alternative energy (ex. Solar
panels).
(5) Windmill.
D.
Uses permitted by special permit shall be as follows:
(1) Gasoline service stations pursuant to § 125-23.
(2) Commercial parking facilities.
(3) Shopping centers pursuant to § 125-18.
(4) Outdoor recreation to include drive-in theaters and outdoor firearm ranges.
(5) Hospitals and residential care facilities to include group homes, halfway houses, adult
day-care facilities, and assisted living facilities.
(6) Junkyards, but subject to the limitations of § 33.2-804(C) of the Code of Virginia 1950,
as amended.
(7) Pole-designed tower facilities or pole-designed structures or monopoles, to be used for
the primary purpose of communications, including, by way of illustration but not limited
to, the following: telephone, radio, television, cable, and signal by special use permit.
(8) Motorsports facility pursuant to § 125-30.2.
(9) Adult business in accordance with § 125-30.7.
(10) Riding stable or academies.
(11) Water and/or wastewater treatment plants.
E.
Minimum lot size shall be as follows: 20,000 square feet with a minimum lot width of 100
feet.
F.
Minimum yard dimensions shall be as follows: front yard: 40 feet; each side yard: 25 feet;
rear yard: 25 feet; distance between buildings: 30 feet.
G.
Maximum building coverage and height shall be as follows: maximum building height from
average grade: 35 feet; maximum combined building coverage and paved area: 80% of the
total lot area.
H.
Buffer area. All property lines abutting a residential district shall be appropriately screened,
fenced, walled or enclosed with a suitable enclosure of a minimum height of six feet, unless
natural vegetation or wooded areas are used as buffer strips. All buffer strips must be at least
six feet in height.
I.
Any new structure designed to be occupied as a residence, church, school, community center
or commercial business establishment or industry or any other structure designed for public
occupancy shall not be located closer than 300 feet from any confined feeding operation as
defined in Article VI, § 125-32, of this chapter.
J.
All wells in Commercial Zoned districts shall be a Class III "B" well and shall maintain a
fifty-foot setback from all property lines adjacent to parcel(s) three acres or larger that are
used for an agricultural operation, as defined in § 3.1-22.29(B),4 Code of Virginia 1950, as
amended. A variance may be sought through the Page County Board of Zoning Appeals for
12
a well location closer than 50 feet to the property line if either of the following criteria listed
can be achieved: i) the owner of the adjacent property that is used for an agricultural operation
may grant written permission for construction within 50 feet of the property line; or ii)
certification by the Page County Health Department that no other site on the property
complies with zoning regulations for the construction of a private well. If approved, a variance
conveyance form, which is part of the Page County appeal/variance application, must be
recorded at the Page County Circuit Court within 90 days of the approval. Failed private
drinking water wells that must be replaced by order of the local health department shall follow
state health regulations for determining a site for a new well and are exempt from adhering to
the foregoing variance procedure.
K.
Site plan. Before obtaining a zoning permit for the uses listed within this district either as a
permitted use, accessory use or by special use permit a site plan shall be submitted with the
zoning application (prior to construction). The site plan should include:
(1) Boundary of the parcel with project name, Tax Map number, and owner name and
contact information.
(2) Building location and setbacks from property lines.
(3) Parking spaces.
(4) Proposed signs.
(5) Lighting with a description.
(6) Buffer area as described in the above Subsection H.
13
Deleted: All short-term tourist rentals, except approved
nonconforming ones, shall be subject to the following
conditions, which conditions shall be approved by the
Zoning Administrator, or waived by the Zoning
Administrator, in the Zoning Administrator's sole
discretion, and which conditions the Zoning Administrator
shall have the authority to enforce, in addition to any other
enforcement mechanism in this Code:
Commented [TLC4]: Shifted and changed language. See
“E” below.
Deleted: The owner(s) of any dwelling shall apply for a
Page County business license prior to using the dwelling
as a short-term tourist rental
Deleted: The use i
§ 125-30.21. Short-term tourist rentals. [Added 8-1-2017]
It is the intent of this ordinance to permit short-term tourist rentals in a manner that is consistent
with the goals and policies of the Comprehensive Plan, protects the character of Page County’s
neighborhoods, and ensures the public health, safety, and welfare of residents and visitors. All
short-term tourist rentals, except approved nonconforming short-term tourist rentals, shall be
subject to the following standards, which shall be reviewed, approved, and enforced by the Zoning
Administrator in addition to any other enforcement mechanisms provided in this Code.
Notwithstanding the foregoing, approved nonconforming short-term tourist rentals shall be exempt
from the standards set forth herein, but shall be required to comply with all applicable short-term
tourist rental registry requirements defined in Section 125-30.21.D:
Formatted: Font color: Custom Color(RGB(238,0,0))
Deleted: s
Deleted: incidental
Deleted: unless permitted a second short-term tourist
rental is approved by special use permit
Commented [TLC5]: Shifted and changed language. See
“G” below.
Deleted: Prior to using the dwelling as a short-term
tourist rental, a property management plan demonstrating
how the short-term tourist rental will be managed and
how the impact on neighboring properties will be
minimized shall be submitted for review and approval by
the Zoning Administrator. The plan shall include local
points of contact available to respond immediately to
complaints, clean up garbage, manage unruly tenants and
utility issues, etc. It shall also be posted in a visible
location in the short-term tourist rental. The contact
numbers shall be provided to County staff, public safety
officials and, if applicable, the HOA/ POA of the
subdivision. Information will be clearly posted in the
house, and clear boundaries of the property will be shown.
The plan must be provided as part of the rental contract
A.
.
A.
Short-term tourist rentals are permitted incidentally to a permitted dwelling only.
Recreational vehicles, travel trailers, tents, yurts, domes, or vacant land shall not be used as
a short-term tourist rental. Only one short-term tourist rental is permitted per parcel of land,
except by special use permit in the Agriculture (A-1), Woodland-Conservation (W-C), or
Residential zoning districts.
B.
.
B.
Access Requirements. If the short-term tourist rental has no frontage on a public road, or is
accessed via a private lane or driveway serving more than two dwellings in addition to the
short-term tourist rental, a special use permit shall be required.
Formatted: Font: 12 pt
C.
.
Formatted: Font: 12 pt
C.
Where applicable, the owner(s) and/or applicant(s) shall provide a complete copy of any
recorded covenants, deed restrictions, declarations, homeowners’ association documents, or
similar private land use restrictions affecting the subject property to the Zoning Administrator
at the time of submission of an application for Community Development Review.
Formatted: Font: 12 pt
14
Deleted: and
Deleted: with
Commented [TLC6]: Shifted and changed language. See
“H” below.
Deleted: Maximum number of occupants shall be
determined by the Page County Health Department and
occupancy shall be limited to the number of people set
forth by the permit issued
Commented [TLC7]: Shifted and changed language. See
“J” below.
D.
.
D.
The creation of registry for short-term tourist rental properties pursuant to Section 15.2-983 of
the Code of Virginia. All short-term tourist rental operators, existing and new, shall register
annually with the Zoning Department prior to offering a property for short-term tourist rental.
The following information shall be required: (i) the complete name of the operator, (ii) the
address of each property offered for short-term rental by the operator, and (iii) an attestation
that the property owner has granted permission for use of such property as a short-term tourist
rental if the operator is a lessee or sublessee.
Deleted: Parking for the short-term tourist rental shall be
located in driveways or other designated and approved
parking areas. The parking of vehicles is prohibited from
blocking the road or rights-of-way of through traffic.
Upon application of a business license, if the short-term
tourist rental entrance is off of a state-maintained road,
the Virginia Department of Transportation will need to
evaluate the entrance to ensure compliance with its
minimum standards
Upon registration, the Zoning Department shall issue a registry identification number or
permit number for each registered short-term tourist rental property. The operator shall
include and clearly display the registry identification number or permit number on any online
advertisement, booking platform listing, or other public advertisement or offering for the
short-term tourist rental property.
All operators shall register annually unless they fall under the exemption criteria defined in
Section 15.2-983.B.2 of the Code of Virginia. Any operator required to register who offers
for short-term tourist rental a property that is not registered, or who fails to include the
required registry identification number or permit number in an online advertisement or
booking listing, shall be subject to a civil penalty of $500 per violation. Continued operation
of the short-term rental property is prohibited until the operator has complied with the
registration requirements and paid any assessed penalties.
Deleted: The locality may prohibit continued
Commented [TLC8]: Shifted and changed language. See
“L” below.
E.
.
E.
No dwelling shall be operated as a short-term tourist rental unless the owner(s) and/or
applicant(s) have obtained an approved Community Development Review Application and
obtained an approved Page County business license. Any new application or a transfer of
ownership of a short-term tourist rental shall require completion and approval of the
Community Development Review Application and for a Page County business license.
F.
.
F.
Ownership Requirements. To ensure stability in residential neighborhoods, ensure the
community’s needs and objectives are followed, allow for consideration of the character of the
neighborhood and prevent speculative property purchases solely for rental purposes, the
following requirements must be met in Residential (R), Agriculture (A-1), and WoodlandConservation (W-C) zoned properties.
Deleted: Upon new application or new owners of a
business license, the Page County Building Official or
their technical assistant must do a life safety inspection of
the short-term tourist rental. A fire extinguisher (Type
2A:10B:C) shall be provided and visible in all kitchen and
cooking areas; smoke detectors shall be installed in all
locations as identified in the Uniform Statewide Building
Code; a carbon monoxide detector must be installed on
each floor if there is a fuel-fired appliance; and any other
requirements as prescribed by the Virginia Code (Uniform
Statewide Building Code)
Commented [TLC9]: Shifted. See “Q” below.
Deleted: Failure to comply with these supplemental
regulations will result in violation of the Page County
Zoning Ordinance
1) Minimum Ownership Period.
i. General Rule. The Zoning Administrator shall not approve a Community
Development Review Application for a short-term tourist rental unless the
applicant/owner has owned the subject parcel for a period of not less than two
years immediately preceding the date of application.
ii. Proof of Ownership. Proof of ownership through deed records shall be provided
to the Zoning Administrator by the owner(s) and/or applicant(s). The Zoning
Administrator may require submission of a certified copy of the recorded deed, a
title report, or other documentation evidencing the date and chain of title.
iii. Applicable Zoning Districts. This requirement applies to Residential (R),
Agriculture (A-1), and Woodland-Conservation (W-C) zoned properties, only.
2) Calculation of Ownership Period.
15
Commented [MH10]: What is a community development
review application - is that defined somewhere - or an
existing application?
Deleted: o
Commented [TLC11]: Need Michael to work on language
to address the following: death, divorce, inheritance, LLC
ownership, etc.
Formatted: Font: 12 pt
i. For purposes of section 1, the ownership period shall commence on the date the
deed conveying title to the applicant is recorded in the land records of the Clerk’s
Office of the Circuit Court of Page County.
ii. Continuous Ownership Required. The two-year ownership period must be
continuous. Any break in ownership shall restart the calculation period.
3) Ownership by Inheritance or Devise. Exception for Inherited Property. Where an
applicant acquires ownership of the subject parcel by inheritance, devise, or descent and
distribution upon the death of a decedent, the ownership period of the decedent shall be
credited toward the applicant’s ownership period, provided that:
i. The applicant provides satisfactory evidence of the inheritance, devise or descent
and distribution, including but not limited to a will, letters of administration, real
estate affidavit, or final order of distribution; and
ii. The property was owned by the decedent for a continuous period immediately
preceding the decedent’s death; and
iii. The applicant holds legal title to the property.
4) Ownership obtained through divorce or equitable distribution. Where an applicant
acquires sole ownership of the subject parcel pursuant to a final decree of divorce or
order of equitable distribution entered by a court of competent jurisdiction, the ownership
period during which the property was held as jointly owned marital property by the
applicant and the applicant’s former spouse shall be credited toward the applicant’s
ownership period, provided that:
i. The applicant provides a certified copy of the final decree of divorce or order of
equitable distribution showing the transfer or award of the property to the
applicant; and
ii. The decree or order has been recorded in the land records of the Clerk’s Office of
the Circuit Court of Page County; and
iii. The property was held as marital property or jointly owned property for a
continuous period prior to the entry of the decree or order.
5) Ownership through business entity. Where title to the subject parcel is held by a
corporation, limited liability company, partnership, trust, or other legal entity
(collectively “Entity”), the ownership period shall be calculated based on the date the
Entity acquired title by recorded deed.
i. Where an applicant transfers title to the subject parcel to an Entity in which the
applicant holds a majority ownership interest or controlling interest, the
ownership period during which the applicant held individual title shall be credited
towards the Entity’s ownership period, provided that:
1. The applicant held individual title to the property for a continuous period
immediately prior to the transfer to the Entity;
2. The transfer to the Entity was bona fide and not undertaken solely for the
purpose of circumventing the ownership requirement;
3. The applicant has held a majority ownership interest or controlling interest
in the Entity continuously since the date of transfer; and
16
4. The applicant provides satisfactory evidence of the ownership structure of
the Entity, including articles of incorporation or organization, operating
agreements, partnership agreements, trust instruments, stock certificates,
or membership certificates.
5. For purposes of this section, a “majority ownership interest” means
ownership of more than fifty percent (50%) of the issued and outstanding
shares of stock, membership interests, partnership interests, or beneficial
interests in the Entity. “Controlling interesting” means the power to direct
or cause the direction of the management and policies of the Entity,
whether through ownership of voting securities, by contract, or otherwise.
ii. Change in Entity Ownership. If the ownership or control of the Entity changes
such that the original applicant or owner no longer holds a majority ownership
interest or controlling interest, the ownership period shall restart as of the date of
the change in ownership or control, unless the new majority owner or controlling
party independently satisfies the two-year ownership requirement.
G.
Before operating a dwelling as a short-term tourist rental, the owner(s) and/or applicant(s)
shall submit a property management plan for review and approval by the Zoning
Administrator. The plan must demonstrate how the rental will be managed and how potential
impacts on neighboring properties will be minimized. In addition to providing the plan to the
Zoning Administrator, the owner(s) and/or applicant(s) must provide the same information to
the guest of the short-term tourist rental. At a minimum, the plan shall include:
1)
Noise control measures to prevent disturbance to neighboring properties.
2)
Occupancy limits consistent with zoning and/or health regulations. The plan shall
specify the measures the owner(s) and/or applicants(s) will implement to monitor
and enforce these occupancy limits.
3)
The plan shall include measures to prevent trespassing and clearly delineate the
property boundaries, including visible markers or fencing as appropriate, to ensure
guests remain within the designated rental area. Property boundaries, or limitations
within the property’s boundaries where guests are allowed, shall be clearly marked
onsite at all times.
4)
Parking management to ensure safe and adequate off-street parking. The plan shall
demonstrate how emergency vehicle access will be maintained at all times.
5)
Landscaping, screening, and property maintenance to preserve neighborhood
character.
6)
Prevention of loitering or disruptive behavior on the property or adjacent areas.
7)
Other operational measures addressing activities that could interfere with the
peaceful enjoyment of neighboring properties. Examples include, but shall not be
limited to, proposed recreational areas such as basketball/pickle ball courts, pools,
etc.
8)
The property management plan shall identify local points of contact who are
available 24 hours per day, seven days per week, during all periods of occupancy,
and who shall respond to complaints and concerns, address garbage disposal,
manage unruly tenants, resolve utility issues, coordinate with emergency services
if necessary, and handle other operational concerns. The local points of contact used
must be locate within Page County or otherwise be within a 30-mile drive of the
17
Commented [MH12]: I wasn’t sure what we wanted here
- do we want to allow the entity to keep operating - or
prevent the transfer to another owner of the business without
them re-establishing the ownership time period?
Formatted
proposed use. Contact information for these points of contact shall be maintained
in a current and accurate manner, clearly posted in a visible location within the
short-term tourist rental, and provided to County Zoning staff, public safety
officials, and, if applicable, the homeowners’ association (HOA) or property
owners’ association (POA).
9)
Emergency and evacuation information, including but not limited to, floor plan,
evacuation route, property address, nearest hospital information, and emergency
contact information, shall be clearly posted in a conspicuous location within the
short-term tourist rental. The owner(s) and/or applicant(s) shall provide guests with
real-time notice of any active burn bans or fire restrictions issued by the County or
State.
10) A concept plan must be submitted with the Community Development Review
Application. The concept plan shall include:
H.
a)
The proposed location of the short-term tourist rental within a parcel.
b)
The proposed distances from the short-term tourist rental to all property
lines and buildings.
c)
The proposed greenbelt and all landscaping areas, to include the location
and descriptions of types of vegetation, spacing of vegetation, and
proposed and/or existing fencing.
d)
The proposed location, number, and dimensions of vehicle parking areas
and spaces.
e)
Any proposed lighting and signs.
f)
Any proposed recreational areas such as basketball/pickle ball courts,
pools, walking trails, etc., including but not limited to type, size/scale, and
proposed setbacks from property lines.
Upon submission of a Community Development Review Application, if the short-term tourist
rental is served by private water and/or private sewage, the Virginia Department of Health
shall evaluate the application. The maximum number of occupants shall be determined by the
Page County Health Department and occupancy shall be limited to the number of people set
forth by the sewage disposal permit issued. However, the maximum number of occupants
permitted to occupy a dwelling regardless of whether it is served by private water and/or
private sewer or public water and/or public sewer shall be limited to no more than two persons
per bedroom, not including their minor children. Maximum occupancy permitted shall not be
exceeded at any time and all advertisements for the rental shall be in compliance with the
permitted number of occupants. The County shall have no authority to authorize occupancy
exceeding the limits established by the Page County Health Department.
I.
All short-term tourist rentals shall provide and maintain unobstructed access for emergency
vehicles in accordance with the Virginia Statewide Fire Prevention Code (§503). Access roads
must support the weight of emergency vehicles and provide a minimum width of twenty (20)
feet and a vertical clearance of at least thirteen feet six inches (13’6”), unless otherwise
approved by the Director of Emergency Services or equivalent government official. Dead-end
roads exceeding one hundred fifty (150) feet shall include an approved turnaround. Fire lanes,
access roads, and turnarounds shall remain free of obstructions at all times.
J.
Parking for the short-term tourist rental shall be located in driveways or other designated and
18
Commented [TLC13]: Staff suggests consider adding the
following language:
For purposes of determining maximum occupancy, children
under the age of six (6) years shall not be counted toward the
occupancy limit.
approved parking areas. There shall be a minimum of two parking spaces per dwelling. The
parking of vehicles is prohibited from blocking the road or rights-of-way of through traffic.
Upon submission of a Community Development Review Application, if the short-term tourist
rental entrance is accessed directly from a state-maintained road, the Virginia Department of
Transportation shall evaluate the entrance to ensure compliance with its minimum standards.
K.
L.
A greenbelt area of 50 feet shall be required. The greenbelt shall be landscaped with regionallynative and noninvasive plant materials consisting of an evergreen and deciduous mix, except to
the extent that existing vegetation or natural landforms on the site provide such screening as
determined by Page County. Trees shall be a minimum of six feet in height at time of planting
and in staggered rows of ten feet on center. In the event existing vegetation or landforms
providing the screening are disturbed, new plantings shall be provided which accomplish the
same. The effectiveness of screening shall be maintained as the plant materials mature.
Unhealthy and dead plants shall be replaced within six months. If the dwelling used as a shortterm tourist rental, including any area of decking, porch, or similar connected structures, is
located within 50 feet of the rear and side(s) property lines, it shall be screened from adjacent
properties by a combination of evergreen landscaping consisting of staggered double rows at a
spacing distance that is effectively screening and/or solid fencing with a minimum height of six
feet.
Upon new application or a transfer of ownership of a short-term tourist rental, the Page
County Building Official or their technical assistant must do a life safety inspection of the
short-term tourist rental. A fire extinguisher (Type 2A:10B:C) shall be installed and
maintained in all kitchen and cooking areas; smoke detectors shall be installed in all locations
as identified in the Uniform Statewide Building Code; a carbon monoxide detector must be
installed on each floor if there is a fuel-fired appliance, and any other requirements related to
life safety as prescribed by the Virginia Code (Uniform Statewide Building Code). Also, an
additional fire extinguisher of the same rating shall be located in a designated outdoor area
within 25 feet of any open-air fire pit.
Commented [TLC14]: PC needs to discuss proposed
languageAlso, do you want to exclude commercial zoned properties
from this requirement?
Commented [TLC15]: Checking with Director of
Emergency Services on language recommendation.
M. The use of fireworks by guests shall be prohibited.
N.
Any outdoor fires shall be enclosed by a fire ring. There shall only be one fire ring per short
term rental. All fire rings shall be enclosed by a durable, nonflammable material at least eight
inches in height. The operator shall provide or sell firewood for the use of guests. Firewood
must be kiln-dried or otherwise originate from Page County. All firewood must remain on the
property.
O.
Any lighting that is provided shall be full cut-off light fixtures directed downwards, so as to
minimize a glare onto adjoining properties, the night sky, or roads. Exceptions to this
requirement are lighting for an internal road (such as a driveway) that is used principally for
illumination a roadway, lighting exempted by state or federal law, lighting that is required
under the Uniform Statewide Building Code, and security lighting that is directed downward,
does not glare onto adjacent property, and is controlled or activated by motion sensor devices
for a duration of 10 minutes or less.
P.
Q.
If operating a dwelling as a short-term tourist rental, all recreational amenities, such as but not
limited to, basketball/pickle ball courts, below-the-ground swimming pools, putting greens,
saunas, hot tubs, etc. must be located in a rear or side yard, only. No recreational amenities may
be constructed or placed in the front yard.
Failure to comply with these supplemental regulations will result in violation of the Page
County Zoning Ordinance.
Commented [TLC16]: PC needs to discuss:
Do you want to require recreational amenities to be located
in the rear and side yards only?
We already require it for in ground pools:
125-16.B in the ZO currently reads: “Private, noncommercial
permanently installed below-the-ground swimming pools
must be located in a rear or side yard only and entirely
enclosed with a permanent fence not less than four feet in
height. Such fence shall contain a gate which can be locked.
This subsection does not apply to portable aboveground or
temporary pools.”
Deleted: ¶
19
R.
Non-conforming Uses. In addition to any other requirements specified herein, see Article VII
Nonconforming Lots, Uses, Structures and Buildings.
S.
Requirements. In addition to requirements listed herein the special use permit shall also
consider the following on a site-by-site basis:
1) Duration of the special use permit.
2) Fencing, landscaping, screening, additional setbacks, and no trespassing signage
requirements.
3) Impact of traffic on neighborhood, nearby residences, and mitigation thereof.
4) Impact on private lane usage: Adequacy of access via a private lane or driveway shall be
determined based on site-specific conditions, including emergency vehicle access,
safety, and the ability of the accessway to support the proposed use, as determined
appropriate by the reviewing authority.
5) Violation and Penalty Schedule.
20
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