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The Docket · Government Meeting · DKT-2026-000835

On the agenda: Rockbridge County meeting — data center (Jan 14)

Past  ⚠ Agenda Watch  Rockbridge County, Virginia · Wednesday, January 14, 2026 — 8 months ago

About this record

The published agenda for this January 14 meeting contains: "data center". The meeting has passed; the record and its outcome live here permanently.

WhenWednesday, January 14, 2026
Check the agenda document for the meeting time.
WhereRockbridge County, Virginia
Money$950 was at stake
On the record“data center”

The agenda, word for word

Government public record — the full text of the published document, archived August 16, 2026. Gold highlighting of key terms is ours, not the original’s. Read the original document ↗

72 pages · scroll to read
Page 1 of 72

County of Rockbridge
Office of Community Development
150 South Main Street
Lexington, Virginia 24450
Office: (540) 464-9662
www.rockbridgecountyva.gov

PLANNING &
ZONING
540-464-9662
GEOGRAPHIC
INFORMATION
SYSTEM
540-464-9656

AGENDA
ROCKBRIDGE COUNTY PLANNING COMMISSION
BOARD OF SUPERVISORS MEETING ROOM
January 14, 2026
7:00 P.M.
********************************************************
In addition to citizens attending the meeting in person, citizens have several options to view or participate in the
Zoom Meeting Webinar as described below:
(1)

Join the Rockbridge County Planning Commission Zoom webinar
When: Wednesday, January 14, 2026, at 7:00pm
Please click the link below to join the webinar:
https://us02web.zoom.us/j/88433219671?pwd=U2c4clU2N3VNK1hISVZaOU91TEh4Zz09
Password: 499294

(2)

Or Telephone:
Dial in to one of the following numbers
+1 301 715 8592 or +1 312 626 6799 or +1 669 900 6833 or +1 253 215 8782 or +1 346 248
7799
Webinar ID: 884 3321 9671
Password: 499294

If you have never joined a zoom webinar you can find instructions to join at the following link:
https://support.zoom.us/hc/en-us/articles/115004954946-Joining-and-participating-in-a-webinar-attendeeYou can also view the meeting live on the Rockbridge County Planning Commission Meeting on the YouTube
Channel at the following link
https://www.youtube.com/channel/UCI-l_WCVgwvCF3el9__IeqA?view_as=subscriber
You will see a video that has “LIVE NOW” in red text by it and prior recorded meetings. Click on the LIVE
NOW video to watch and listen to the meeting Live or view the recorded video another time.

***************************************************
1. Call to Order
2. Election of Officers
3. Approval of the 2026 Planning Commission Meeting Schedule
4. Annual Renewal of the Electronic Meeting Policy

Page 2 of 72

5. Citizen Comments
In addition to physically attending the meeting, Citizens Comments can be made by:
a. Join the Zoom webinar by phone or computer using the instructions at the top of page one (1) of
this document then using the information below:
i. You can click on "Raise Hand" button. The mediator will unmute you and announce that
you can address your comment.
ii. If you call in, the mediator will announce the phone number as it is unmuted and the caller
can then state if he or she wishes to comment.
6. Minutes (December 10, 2025)
7. Board and Committee Reports
8. At Ease Retreat Corporation – 3005 N. West Street, Falls Church, Virginia 22046 (Public Hearing – See
Participation options below) Application for a zoning map amendment from the Residential General (R1) Zoning District to the Agricultural and General Uses (A-2) Zoning District.
9. At Ease Retreat Corporation – 3005 N. West Street Falls Church, Virginia 22046 (Public Hearing – See
Participation options below) Application for a Special Exception Permit (SEP) to develop and operate a
Lodge Resort in the Agricultural and General Uses (A-2) Zoning District.
10. County of Rockbridge – 150 South Main Street, Lexington, Virginia 24450 – (Public Hearing – See
Participation options below) Application for a zoning text amendment (ZTA) to modify the Regulations
to add a section pertaining to Disclosure of Equitable Ownership and Real Party in Interest.
11. County of Rockbridge – 150 South Main Street, Lexington, Virginia 24450 – (Public Hearing – See
Participation options below) Application for a zoning text amendment (ZTA) to modify the Regulations
to add a section pertaining to solar facilities including modifications to Section 302 (Specific
Definitions), to include modifications to existing definitions, and to define new terms pertaining to solar
facilities. The proposed ZTA includes modifications to Article 6 (Uses in Districts).
Public Hearing – Participation Options
In addition to physically attending the meeting, public hearing comments can be made by joining the Zoom
webinar by phone or computer using the instructions at the top of page one (1) of this document, then using
the information below:
I. You can click on "Raise Hand" button. The mediator will unmute you and announce that you can
address your comment.
II. If you call in, the mediator will announce the phone number as it is unmuted and the caller can then
state if he or she wishes to comment.
12. Adjourn

Page 3 of 72

AT A REGULAR MEETING OF THE ROCKBRIDGE COUNTY PLANNING
COMMISSION, HELD AT THE ROCKBRIDGE COUNTY ADMINISTRATIVE OFFICES
ON WEDNESDAY JANUARY 14, 2026
AGENDA ITEM:

Election of Officers

SUBMITTED BY:

Chris Slaydon, Director of Community Development

DATE:

January 7, 2026

SUMMARY OF INFORMATION:
At the first meeting of the year, the Planning Commission holds the election of Officers
to serve during the calendar year. The election of officers includes the Chair, Vice-Chair
and Secretary.
The slate of officers from 2025 was as follows: Mr. Tom Beebe served as Chair, Mr.
David Whitmore served as Vice-chair, and Mr. Chris Slaydon served as Secretary.
Recommendation:
Upon a motion, elect the Officers for the upcoming year.
Attachments:
None

1

Page 4 of 72

AT A REGULAR MEETING OF THE ROCKBRIDGE COUNTY PLANNING
COMMISSION, HELD AT THE ROCKBRIDGE COUNTY ADMINISTRATIVE OFFICES
ON WEDNESDAY JANUARY 14, 2026
AGENDA ITEM:

Approval of the 2026 Planning Commission Meeting Schedule

SUBMITTED BY:

Chris Slaydon, Director of Community Development

DATE:

January 7, 2026

SUMMARY OF INFORMATION:
At the first meeting of the year, the Planning Commission adopts the meeting schedule
for the year ahead. As per the usual schedule, the Planning Commission meetings will
be held on the second Wednesday of the month at 7:00 PM.
Please note that the exception to the regular schedule in 2026 will be the November
meeting, to be held on Tuesday, November 10th, as the normally scheduled meeting
falls on Veteran's Day, November 11th.
Recommendation:
Upon a motion, adopt the 2026 Planning Commission Meeting Schedule.
Attachments:
2026 Planning Commission Meeting Schedule

1

Page 5 of 72

ROCKBRIDGE COUNTY PLANNING COMMISSION
2026 MEETING SCHEDULE
Please be advised the Rockbridge County Planning Commission holds regular meetings on the second (2nd)
Wednesday of each month at 7:00 p.m. Meetings are held on the first floor of the Rockbridge County
Administrative Office Building in the Board of Supervisors Meeting Room located at 150 South Main Street in
Lexington, Virginia.
2026 PLANNING COMMISSION MEETING SCHEDULE

Wednesday, January 14
Wednesday, February 11
Wednesday, March 11
Wednesday, April 8
Wednesday, May 13
Wednesday, June 10
Wednesday, July 8
Wednesday, August 12
Wednesday, September 9
Wednesday, October 14
Tuesday, November 10 (NOTE: Not held on Wednesday due to Veteran’s Day Holiday)
Wednesday, December 9
Wednesday, January 13, 2027

Page 6 of 72

AT A REGULAR MEETING OF THE ROCKBRIDGE COUNTY PLANNING
COMMISSION, HELD AT THE ROCKBRIDGE COUNTY ADMINISTRATIVE OFFICES
ON WEDNESDAY, JANUARY 14, 2026
ADOPTION OF ROCKBRIDGE COUNTY PLANNING COMMISSION
ELECTRONIC PARTICIPATION IN MEETINGS POLICY
BE IT RESOLVED that the Planning Commission of the County of Rockbridge, Virginia,
hereby adopts the following:
ROCKBRIDGE COUNTY PLANNING COMMISSION POLICY
ELECTRONIC PARTICIPATION IN MEETINGS
1.
Scope: It is the policy of the Rockbridge County Planning Commission that any individual
member may participate remotely in meetings of the Planning Commission by electronic means
as permitted by Virginia Code § 2.2-3708.2 and § 2.2-3708.3. This policy shall apply, strictly and
uniformly, without exception, to the entire membership of the Planning Commission and without
regard to the identity of the member requesting remote participation or the matters that will be
considered or voted on at the meeting.
For purposes of this Policy, “electronic communication” means the use of technology
having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities to
transmit or receive information.
2.
Applicability: An individual commission member may participate in a meeting of the
Rockbridge County Planning Commission through electronic communication from a remote
location for the following reasons:
A.
A temporary or permanent disability or other medical condition prevents the
commission member from attending the meeting in person; or
B.
A medical condition of a member of the commission member's family requires the
member to provide care that prevents the member from attending the meeting in person; or
C.
The commission member's principal residence is more than 60 miles from the
meeting location identified in the required notice for such meeting; or
D.
A personal matter prevents the commission member from attending the meeting in
person and the commission member identifies with specificity the nature of the personal matter;
provided, however, that such participation is limited to no more than two (2) meetings of the
Planning Commission each calendar year or 25 percent of the meetings held per calendar year
(rounded up to the next whole number), whichever is greater.

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3.

Procedures:

A.
Notification: The commission member requesting to participate through electronic
communication from a remote location must notify the Chair on or before the day of the meeting.
B.
Quorum: Whenever an individual commission member wishes to participate in a
meeting through electronic communication from a remote location, a quorum of the Planning
Commission must be physically assembled at one primary or central meeting location identified
in the public notice required for the meeting.
C.
Technological requirement: Arrangements shall be made for the voice of the
remote participant to be heard by all persons at the primary or central meeting location.
D.
Approval Process: Individual participation from a remote location shall be
approved by the Chair unless such participation would violate this Policy or the provisions of the
Virginia Freedom of Information Act (VFOIA). If the member’s participation from a remote
location is disapproved because such participation would violate this Policy or the VFOIA, such
disapproval shall be recorded in the Minutes with specificity. If a member’s remote participation
is disapproved, the member may remotely audit the meeting, without participation.
E.
Documentation: The reason the member is unable to attend the meeting and the
remote location from which the member participates shall be recorded in the official Minutes of
the meeting; however, the remote location need not be open to the public and may be identified in
the Minutes by a general description. If participation is approved pursuant to Section 2(A) or 2(B),
the Minutes shall include the fact that the member participated through electronic communication
means due to a (i) temporary or permanent disability or other medical condition that prevented the
member's physical attendance or (ii) family member's medical condition that required the member
to provide care for such family member, thereby preventing the member's physical attendance. If
participation is approved pursuant to Section 2(C), the Minutes shall include the fact that the
member participated through electronic communication means due to the distance between the
member's principal residence and the meeting location. If participation is approved pursuant to
Section 2(D), the Minutes shall include the specific nature of the personal matter cited by the
member.
4.
Emergency: The Planning Commission may meet by electronic communication means
without a quorum physically assembled at one location when the Governor has declared a state of
emergency in accordance with Virginia Code § 44-146.17, or the County has declared a local state
of emergency pursuant to Virginia Code § 44-146.21, provided: (i) the catastrophic nature of the
declared emergency makes it impracticable or unsafe to assemble a quorum in a single location,
and (ii) the purpose of the meeting is to provide for the continuity of operations of the public body
or the discharge of its lawful purposes, duties, and responsibilities.
If an emergency meeting is held or to be held pursuant to this section, the Planning
Commission shall:

Page 8 of 72

(a)
Give public notice using the best available method given the nature of the
emergency contemporaneously with the notice provided to the members of the Planning
Commission and,
(b)
Make arrangements for public access to the meeting through electronic
communication means, including videoconferencing; and,
(c)
Provide the public with the opportunity to comment at such meetings when public
comment is customarily received; and,
(d)

Otherwise comply with the provisions of the Virginia Freedom of Information Act.

For any meeting conducted pursuant to this section, the nature of the emergency, the fact
that the meeting was held by electronic communication means and the type of electronic
communication means by which the meeting was held shall be stated in the Minutes of the meeting.
The provisions of this section shall be applicable only for the duration of the emergency
declared pursuant to Virginia Code § 44-146.17 or § 44-146.21.
This Resolution shall be effective on and from the date of its adoption.
Adopted this ______ day of January, 2026.
Recorded Vote:
AYES:
NAYES:
ABSENT:
ABSTAIN:
PLANNING COMMISSION OF THE COUNTY OF ROCKBRIDGE, VIRGINIA

By:

______________________________________
Tom Beebe, Chair

Attest: ______________________________________
Christopher Slaydon, Secretary

Page 9 of 72

AT A REGULAR MEETING OF THE ROCKBRIDGE COUNTY PLANNING
COMMISSION HELD ELECTRONICALLY AND IN PERSON IN THE COUNTY
ADMINISTRATIVE OFFICE BUILDING, 150 SOUTH MAIN STREET, LEXINGTON,
VIRGINIA ON DECEMBER 10, 2025, AT 7:00 P.M.
PRESENT:
ABSENT:
SECRETARY:
STAFF:
COUNTY ATTORNEY:
OTHERS:

TOM BEEBE, ADAM SANDRIDGE, ANTHONY SUBRIZI,
DAVID WHITMORE
ROBERT KRAMER
CHRIS SLAYDON
NEIL WHITMORE, VIVECA HANSON
JOHN DRYDEN
JOHN FIX, ROBERT FRALIN, BRIAN MCCAHILL,
WYNNE PHILLIPS, ANDREW FOLSOM, BETTY
FERGUSON, BILL RUSSELL
* * * * *

Mr. Beebe called the meeting to order at 7:00 pm and conducted the following verbal roll
call:
Mr. Subrizi – present, Mr. Kramer – absent, Mr. Sandridge – present, Mr. Whitmore –
present, Mr. Beebe – present.
Mr. Beebe discussed that, in addition to participating in the meeting in-person, citizens
have the opportunity to participate in the meeting remotely via the Zoom webinar or via phone.
The instructions for the remote participation options could be found on the County website.
Those wishing to simply view the meeting live or after the fact, could do so on the Rockbridge
County Planning Commission YouTube channel.
* * * * *
The second item on the agenda was the citizen comment period.
Mr. Beebe asked if there was anyone physically present at the meeting that had signed up
to comment.
Ms. Hanson said there was no one that had signed up.
Mr. Slaydon asked if there was anyone in attendance at the meeting remotely that wished
to comment. There were no raised hands.
With no citizen comments, Mr. Slaydon turned the floor back to Mr. Beebe.
* * * * *
The third item on the agenda was the review of the minutes from the November 12, 2025
Planning Commission meeting.
Mr. Beebe asked if the Planning Commissioners had the opportunity to review the
minutes and if there were any questions or comments.
Hearing no discussion, at 7:02 pm, Mr. Whitmore made a motion to approve the minutes
as submitted.
Mr. Subrizi seconded the motion.
1

Page 10 of 72

The motion was approved unanimously.
* * * * *
The fourth item on the agenda was a review of the Board and Committee actions that had
taken place during the prior month.
Mr. Whitmore reported that the following had taken place since the prior Planning
Commission meeting:
- The Board of Supervisors did not review or take action on applications previously seen
by the Planning Commission
- The Tourism Corridor Overlay Board met on November 5, 2025 to review the sign
proposal submitted by Dunham’s Sports and requested changes to the proposed design.
- The Tourism Corridor Overlay Board met on December 3, 2025 and reviewed the
application by Haisha, LLC for the construction of a 3-bay car wash on the east side of
Route 11, north of Magnolia Square. The application was approved by the Board.
- The Board of Zoning Appeals met on November 19, 2025 for its required annual
organizational meeting.
- The Community Development Committee met on November 17, 2025 and reviewed the
November Planning Commission meeting and upcoming Board of Supervisors meeting,
as well as the draft definitions and uses in districts associated with the draft solar
ordinance.
Mr. Subrizi asked why the Tourism Corridor Overlay Board requested changes to the
Dunham’s Sport sign proposal.
Mr. Whitmore said the Tourism Corridor Overlay Board was concerned with the size of
the architectural border around the sign, particularly in relation to the signs of the other tenants in
Stonewall Square, as well as the color of the sign background.
Mr. Subrizi asked if an appeal of the Tourism Corridor Overlay Board’s decision went to
the Board of Zoning Appeals.
Mr. Whitmore said no, per ordinance, the appeal would go to the Board of Supervisors.
* * * * *
The fifth item on the agenda was an application for a conditional zoning map
amendment.
R.P. Fralin Inc., 5211 S. Concourse Drive, Roanoke, Virginia 24019 has made an
application for a conditional zoning map amendment. The property is owned by John W.
and Christine A. Fix and is located on the west side of N Lee Highway (Route 11),
approximately 0.26 miles west of the intersection of N. Lee Highway and Northwind Lane
(private road). The property is accessed by Northwind Lane and is currently zoned
General Residential (R-1), with conditions. The property is identified as tax map number
62-14-A2 (18.94 ac. per tax records). The application is to conditionally rezone a 12.44acre portion of the property to the Residential Mixed (R-2) Zoning District, with
acceptance of proffers. The property is in the Walkers Creek Magisterial District.

2

Page 11 of 72

Mr. Slaydon came forward and gave a brief overview of the property, located on the west
side of North Lee Highway (Route 11), and its surroundings. The property, identified as tax map
number 62-14-A2, consisted of approximately 18.94 acres, per tax records. The zoning map
amendment application pertained only to a 12.44-acre portion of the tract, of which R.P. Fralin
Inc. was the contract purchaser. The property, accessed via Northwind Lane, a private road held
by Mountain View Brewery LLC, is located in the General Residential (R-1) zoning district,
with accepted proffers.
Mr. Slaydon discussed the past zoning actions that had taken place on the property
associated with the application. In 1999, the parcel was conditionally rezoned from the
Agricultural and General Use (A-2) and the General Business (B-1) zoning district to the General
Residential (R-1) zoning district, with accepted proffers. The proffers pertained to the plans for a
70-unit multifamily development. In 2007, a proffer amendment was approved that provided for
the creation of three new residential lots along Valley Pike and the addition of a maintenance
building associated with the multi-family housing project. Mr. Slaydon noted that the Residential
Mixed Use (R-2) zoning district did not exist at the time of the 1999 rezoning and later proffer
amendment.
The proposed site plan associated with the conditional rezoning application was shown,
including the delineation of the proposed project phases. Mr. Slaydon discussed the proffers
associated with the application, which were as follows:
1. The property shall be developed in general conformance with the submitter concept
plan from Engineering Concepts, Inc. dated November 13, 2025.
2. The buildings will be constructed in general conformance with the exterior
architectural styles depicted on either Exhibits C or D.
Mr. Slaydon introduced the representative of the project, Mr. Robert Fralin, and invited
him to come forward to provide additional details of the project.
Mr. Fralin said that the landowner, Mr. John Fix, would like to speak to the Planning
Commission.
Mr. Fix came forward and reiterated the zoning history of the parcel, beginning with the
conditional rezoning in 1999 that allowed for up to 70 apartment units to be located on the
property. It was explained that although the project never came to fruition after the conditional
rezoning, the utilities were previously upgraded to accommodate such a multi-family
development. The benefits of locating the proposed multifamily complexes on the property were
discussed, such as the close proximity to Route 11 and existing access to utilities. Mr. Fix added
that the apartment complex will provide a housing option for young professionals and add to the
tax base for the County.
Mr. Fix asked if the Planning Commission had any questions.
Mr. Beebe invited Mr. Fralin to come forward and provide additional details and said that
the Commissioners could raise questions after the plans were presented.
Mr. Fralin came forward and thanked the Planning Commissioners for their time. A brief
overview of the history of RP Fralin Inc., which started in 1999, was reviewed. Mr. Fralin
introduced members of the team that were in attendance at the meeting, and who would be
providing in-depth details about specific aspects of the proposed project.
Mr. Brian McCahill, Chief Operating Officer of RP Fralin Inc., stepped forward and
introduced himself to the Planning Commission. Mr. McCahill said that he had been with the
company for ten years and expressed excitement about providing quality, market-rate housing
for the Rockbridge area.
3

Page 12 of 72

Ms. Wynne Phillips came to the front and reviewed a presentation with the details of the
proposed project. A site plan for the development was shown, which included up to eight- 24unit apartment buildings that were split into three phases. Ms. Phillips explained that phase one
and two each included three apartment buildings, the latter with an additional amenity such as a
pool or clubhouse. Phase three was comprised of two apartment buildings, which would
complete the 192 units in total split between eight buildings. Within each 24-unit building, there
was to be a mix of both one- and two-bedroom units.
Ms. Phillips reviewed the proffers that were proposed by the applicant to accompany the
conditional rezoning application, as previously read by Mr. Slaydon.
The architectural styles referenced in the second proffer were shown to the Planning
Commission.
Mr. Beebe asked what the determining factor would be in deciding which of the two
architectural styles shown, and referenced in the second proposed proffer, would be utilized.
Ms. Phillips said that the style could be dependent on the input received during the
rezoning process.
Mr. Beebe asked if the cost of the finishes shown would be a factor in the determination
of which style was utilized.
Ms. Phillips said that the cost could be a consideration, but also the character of the
surrounding area and which style best suits the site and nearby community.
Mr. Fralin came to the front and said that the historic nature of the County could lend
itself to the brick style architecture seen in Exhibit C, but the more craftsman style of Exhibit D
may blend better with the natural site and its proximity to the nearby Devils Backbone Brewing
Outpost. Mr. Fralin said that the company does not prefer one style over another and has built
sites that utilize each of the referenced styles.
Mr. Subrizi asked what style was utilized for the apartments that the Fralin team built in
Covington.
Mr. Fralin said the location in Covington utilized the brick architecture of Exhibit C. It
was mentioned that a project site in Botetourt County had the craftsman architecture seen in
Exhibit D.
Mr. Beebe said he understood that the architectural style of the proposed apartment
buildings may not be within the Planning Commission’s purview, but said he preferred the softer
look of the style shown in Exhibit D.
Ms. Phillips said that the team appreciated hearing comments and feedback through the
process.
Mr. Fralin agreed and said that the team wants to clear up any questions or doubts
regarding the information presented as best as they are able to.
Ms. Philips continued with a review of how the proposed project is supported by the
Comprehensive Plan. It was explained that the proposed location of the development has been
designated as a Suburban Service Area on the Land Use Map. As such, the project would serve
the goal of expanding residential and mixed-residential use within the Suburban Service Area.
A brief background of the business, R.P. Fralin Inc., was provided. The company
encompasses both residential and commercial developments, with a focus on each step in the
process, from land acquisition to building management. It was noted that since it was founded,
R.P. Fralin Inc. has built over 2,500 homes and owns and manages 1,340 apartments and homes.
Ms. Phillips gave a brief background of her history at the R.P. Fralin Inc up to her current role
running the property management portion of the business.
4

Page 13 of 72

Ms. Phillips reviewed examples of the proposed apartments, which would include
finishes such as nine-foot ceilings, luxury plank flooring, quartz countertops, and stainless-steel
appliances. The one-bedroom model would encompass 755 to 770 square feet, and the twobedroom model would be 1,109 to 1,125 square feet. An example of a typical floor plan for each
apartment model was reviewed. As a summary, the site plan for the project was shown.
Mr. Beebe asked which portion of the site plan would be completed first, as it was
divided into three phases.
Mr. Andrew Folsom, with Engineering Concepts, Inc, came forward to provide an
explanation of the phased approach. Mr. Folsom said that the first phase, with 72 units in three
apartment buildings, was shown in red on the site plan. Phase two, also with 72 units in three
apartment buildings, as well as the addition of a pool house or clubhouse. Phase three, which
included 48 units in two apartment buildings, was shown in orange.
Mr. Beebe asked to confirm that the clubhouse was planned as part of the second phase
of the project.
Mr. Folsom said that was correct.
Mr. Beebe suggested that it would be an appropriate time for the Planning
Commissioners to ask any questions they may have.
Mr. Subrizi asked to confirm that Northwind Lane was owned and maintained by Devils
Backbone Brewing.
Mr. Folsom said that was correct.
Mr. Subrizi asked if the applicant had held conversations with Anheuser-Busch, the
owner of the Devil’s Backbone Brewing facility, regarding road maintenance. Mr. Subrizi also
asked if VDOT had provided any feedback about utilizing Northwind Lane for the proposed use.
Mr. Folsom said that Northwind Lane was dedicated to public use, according to a plat of
the property. There was also an existing easement through the property owned by Rockbridge
County that currently connects the Fix property to Northwind Lane.
Mr. Folsom asked for clarification about Mr. Subrizi's question regarding conversations
with VDOT.
Mr. Subrizi said he was unsure if VDOT would have any concerns about the proposed
complex utilizing the existing road entrance and exit on Route 11.
Mr. Fralin came forward and said that during title research it was uncovered that a
previous owner of the property put the existing right-of-way in place in 1938. The right-of-way
was to serve all properties in the area, and no one property would have individual rights of use.
Mr. Fralin said that the owner of the Devil’s Backbone property has been contacted regarding the
proposed use of the road, and he did not foresee any issue in working to come to an agreement
on the maintenance of the road.
Mr. Fralin added that he did not believe the Devils Backbone landowner owned a rightof-way on Northwind Lane, but rather there is an easement that is not owned by any one party.
Mr. Subrizi said he believed it would be a VDOT question as to whether the existing road
would be adequate enough to handle the increased amount of traffic that would be generated by
the proposed use of the property.
Mr. Fix came forward and said that during the process of the 1999 conditional rezoning
of the property, a VDOT Engineer had written a letter stating that there was no issue with the
proposed increase in traffic and the existing road would meet the VDOT standards at that time.
Additionally, VDOT had agreed to incorporate the road into state maintenance once it was
utilized by more than one entity. Mr. Fix expressed that he was unsure if any of the VDOT
5

Page 14 of 72

regulations had changed since that time that would alter the previous opinion. Mr. Fix added that
the school system, at the time of the 1999 rezoning, had expressed that there would be no issue in
handling the increased number of students that could potentially arise from the proposed
development.
It was added that when Mr. Fix purchased the property, he was given a right-of-way that
spanned from Route 11 to the property. Mr. Fix said he did not foresee an issue arising that
would prevent a road maintenance agreement, as Anheuser-Busch would be pleased to have
someone share the cost of maintaining Northwind Lane.
Mr. Beebe pointed out that the discussions with VDOT could be more important than the
private discussions regarding road maintenance.
Mr. Fralin added that Mr. Folsom could speak about the projected average trips per day
with the proposed development and the VDOT requirements to accommodate such numbers.
Mr. Subrizi said that traffic was a consideration in making a land use decision such as the
application before the Planning Commission.
Mr. Folsom said the current traffic on Northwind Lane was taken into consideration
along with the projected average trips per day due to the increased traffic. It was discussed that,
because Northwind Land is a private road, VDOT was concerned only with the traffic at the
intersection with Route 11. It was discussed that the intersection of Northwind Lane and Route
11 had adequate sight distance per VDOT’s requirements. Additionally, Mr. Folsom said that
there is currently a taper lane and turn lane on Route 11 that provide access to Northwind Lane.
This design met the needs of the proposed traffic increase and did not warrant any expansion of
the existing infrastructure.
It was discussed that no traffic analysis was required as the thresholds were not met. Mr.
Folsom said that the plan had been sent to VDOT for their preliminary review.
Mr. Subrizi asked if it was currently possible to cross the median on Route 11 at the
intersection.
Mr. Folsom said yes.
Mr. Slaydon said that, per the Code of Virginia, the County had a ten-day time period to
forward the completed plans to VDOT for their review. Mr. Slaydon said that staff forwarded the
plans to VDOT accordingly, and the Resident Engineer had reported the same findings discussed
by Mr. Folsom regarding the existing infrastructure. It was added that, per the Code of Virginia,
VDOT would have 45 days to respond to the submitted plans. Mr. Slaydon said he had not
received any formal comments on the submission.
Mr. Subrizi asked Mr. Slaydon if he recalled any questions that he (Mr. Subrizi) had
asked regarding the application, prior to the meeting, which could be helpful to share with the
other Planning Commissioners.
Mr. Slaydon said that Mr. Subrizi had sent his list of questions to the Planning
Commission members prior to the publication of the meeting agenda. Mr. Slaydon said he
believed that the materials in the agenda package had answered most of Mr. Subrizi's questions
that had been previously raised.
Mr. Subrizi said he had a concern that once the land use decision on the application was
made, the property would not return to its existing land use. It was discussed that the project
narrative had touched on fulfilling a need for affordable housing, but Mr. Subrizi said he did not
see anything mentioned about a daycare facility as part of the project. It was suggested that
perhaps the clubhouse on the plans could help fulfill this need.
Mr. Subrizi discussed a previous apartment complex project within the City of Lexington
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that did not come to fruition. Mr. Subrizi said it was his understanding that the project was
abandoned because the highest rate for rent that the market would allow for would not be enough
to cover the cost of the building. It was expressed that there was a concern that the goal of
providing affordable housing in the area could encumber the goal of providing affordable
housing.
Mr. Slaydon clarified that R.P. Fralin Inc was not affiliated in any way with the
apartment project off Spotswood Drive in Lexington, that Mr. Subrizi had mentioned.
Mr. Subrizi agreed.
Mr. Whitmore said he thought that the proposed project was well-located and asked what
the proposed apartments would potentially rent for that fit into the affordable category. Mr.
Whitmore clarified that he understood it would likely take a few years to reach even phase one of
the project but asked what would be considered an affordable rate in the current market.
Mr. Fralin said the monthly rental prices range from about $950 in Alleghany County to
about $1,650 in Christiansburg. The target rental price for the proposed development was said to
be in the range of about $1,150 to $1,350 per month. Mr. Fralin added that the company
performed a market study on the area and felt comfortable that the market will easily absorb the
initial 72 units of the first phase. It was discussed that Mr. Fralin had participated in the recent
Rockbridge Housing Summit, and it was clear that the proposed type of housing is needed in the
area. Mr. Fralin added that building the apartments in phases allows for stabilization and market
adjustment, rather than building all of the units at once, as some developers do.
Mr. Sandridge asked how quickly other apartment complexes of R.P Fralin Inc. achieve
maximum occupancy.
Mr. Fralin said the fastest occupancy has been achieved through pre-leases prior to the
complexes even opening. It was discussed that a development in Alleghany County took a few
months for the occupancy to stabilize.
Mr. Subrizi said that he had seen the R.P. Fralin Inc. complex in Covington when driving
by and asked how many units there were in that development.
Mr. Fralin said there were 96 units in the Covington development. It was discussed that a
subsidy helped lower the cost of the development in that location, which allowed the rental
prices to be in a range that was in high demand. Mr. Fralin said the proposed development
location serves a bigger area that is near Interstates 81 and 64, and regularly sees traffic from
cities such as Staunton, Roanoke, and Lynchburg.
Mr. Whitmore asked if there was a central maintenance staff that would serve the
apartment complexes.
Mr. Fralin said discussions about servicing the proposed development yielded the idea of
having one or two full-time staff members that would service apartments in the proposed
location, Harrisonburg and Alleghany County. It was discussed that such maintenance staff
would likely be based out of the main R.P. Fralin, Inc. offices, and then travel to the locations
that they serve.
Mr. Whitmore asked to clarify that the company has its own maintenance team.
Mr. Fralin said yes.
Mr. Whitmore said that there is mature timber on the property that would need to be
cleared and asked what type of landscaping would be used throughout the development.
Mr. Fralin said there is standard landscaping that is used throughout their developments,
most of which is dictated by code. Mr. Fralin added that the landscaping does not typically
exceed the requirements set forth by code.
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Mr. Whitmore said he was aware that the County had applied for a grant on behalf of
R.P. Fralin for the proposed development. Mr. Whitmore asked about the value of the grant that
was applied for and if the application was dependent on receiving the funds.
Mr. Fralin said that the long-term goal of development and total number of units that can
be built could depend on receiving the grant funds. It was added that multi-family developments
are also highly affected by existing interest rates. Mr. Fralin said that the company believes in the
area, and there are many economic drivers and businesses that promote the need for such
development. Mr. Fralin said that if the grant funds that they thought they would receive did not
come to fruition, the project may not go forward or may delay or decrease what is built.
Mr. Slaydon added that Brandy Flint, Director of Economic Development, was joining
the meeting via Zoom and was available to answer any questions. It was also noted that a memo
from Ms. Flint was included in the Planning Commission package that further detailed the
Virginia Workforce Housing Investment Program grant.
Mr. Beebe thanked Mr. Fralin and Mr. Folsom for their time and asked if there was any
discussion amongst the Planning Commissioners.
Hearing no discussion, Mr. Beebe opened the public hearing at 7:44 pm and asked if
there was anyone physically present that had signed up to provide a comment.
Mr. Slaydon said there was no one that had signed up to speak but allowed time for
anyone to come forward.
Seeing no one, Mr. Beebe asked if there were any hands raised via Zoom or phone.
Mr. Slaydon said there were no hands raised and turned the floor back to the Chair.
With no citizen comments, Mr. Beebe
Asked if the Planning Commission had any objection to closing the public hearing.
Via Zoom, Ms. Flint noted that there was one hand raised to comment via Zoom.
Ms. Betty Ferguson, of the South River Magisterial District, said that her farm is adjacent
to the proposed development and asked what the site plan included as a vegetative buffer
between the proposed apartment complex and the surrounding properties.
Mr. Slaydon showed on the area map where Ms. Ferguson’s property was located. It was
noted that per the Regulations, the only place where a buffer was required to be placed was
between the apartments and the single-family dwelling located near the south end of the
property. However, Mr. Slaydon pointed out that one of the voluntary proffers was to develop
the site in general conformance with the submitted site plan. Mr. Slaydon said a vegetative buffer
is shown on the site plan between phase three and Ms. Ferguson’s property.
Mr. Dryden said it was his understanding that the public hearing had been previously
closed.
Mr. Slaydon said that was correct, but Ms. Ferguson had her hand raised via Zoom before
the time that the public hearing was earlier stated to be closed.
Mr. Slaydon reiterated that Ms. Ferguson’s question was what type of buffer is proposed
or required to be placed between the proposed apartment complex and Ms. Ferguson’s property,
identified as tax map number 62-A-39, north of the subject property.
Mr. Beebe asked if the vegetative buffer would be comprised of arborvitae.
Mr. Slaydon said there are requirements related to the type of plant that can be used for a
vegetative buffer, and arborvitae would not be allowed.
From the audience, Mr. Fix pointed out that there is a powerline that runs through the
subject property and onto Ms. Ferguson’s property, the easement for which may affect the
planting of the vegetative buffer shown on the site plan.
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Mr. Fix came forward and pointed out the location of the powerline on the property, and
said any plantings placed within the easement could be torn down by the power company. A
second powerline was discussed, though it may not go to the property of Ms. Ferguson.
Mr. Slaydon reiterated that Mr. Fix pointed out there may be powerline easements that
affect the planting of the vegetative buffer. Mr. Slaydon said there is typically a 30-foot
easement associated with transmission lines.
Mr. Beebe asked if the buffer was planned to be placed along the portion of the property
that adjoins Ms. Ferguson’s property.
Mr. Slaydon said yes, according to the site plan.
Ms. Ferguson, via Zoom, asked what the width of the proposed buffer was near her
property.
Mr. Slaydon said that per the concept plan, the width of the buffer in the area was to be
20 feet.
Ms. Ferguson asked if the existing trees would remain standing in the 20-foot buffer.
Mr. Slaydon said that either the existing trees would remain in place, or new plantings
would be placed in the 20-foot area that are consistent with the Rockbridge County Land
Development Regulations.
Ms. Ferguson said she would prefer for the existing trees to remain within that buffer
zone.
Mr. Slaydon reiterated Ms. Ferguson’s comment for those that could not hear it.
Mr. Beebe thanked Ms. Ferguson for her comment and asked if there were any additional
hands raised.
Mr. Slaydon said there were no hands raised via Zoom or phone.
Mr. Beebe apologized for the previous confusion and closed the public hearing at 7:53
pm and asked if the Planning Commission had any additional discussion.
Mr. Whitmore asked if there had been an analysis done that showed the existing sewer
line on the property would not require an upgrade to serve the proposed development.
Mr. Fix came forward and said the water and sewer lines were upgraded in the 1999
conditional rezoning process and will provide more capacity than is needed for the proposed
development.
Mr. Beebe asked if there were any further comments.
Mr. Slaydon discussed the language of the potential motions that could be made by the
Planning Commission.
At 7:54 pm, Mr. Subrizi made a motion to recommend to the Board of Supervisors that
the Fix/Fralin application for the conditional rezoning of 12.44 acres of the Fix property, be
approved with acceptance of the proffers.
Mr. Sandridge seconded the motion.
The motion was approved unanimously.
Mr. Fralin came forward and thanked the Planning Commission for their time.
* * * * *
The sixth item on the agenda was the discussion about a zoning text amendment
regarding the disclosure of real parties of interest.
Mr. Dryden discussed that Code of Virginia § 15.2-2289 empowers localities to adopt an
ordinance that requires the disclosure of equitable owners in real parties of interest pertaining to
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applications such as special exceptions, zoning map amendments, and variances. It was reviewed
that initial interpretations of the code had thought that it may also extend to potential developers
of a property that were not owners. However, Mr. Dryden reviewed that he had previously
expressed the opinion that, after further review, the language of the statute narrows the
applicability of such an ordinance to only those that are equitable owners. Mr. Dryden said his
opinion was that a project developer that is not an owner of the property could not be considered
an equitable owner. However, after discussion with staff and others, it was found that the statute
may provide some flexibility as it mentions real parties of interest and equitable ownership
separately.
Mr. Dryden said that the inclusion of equitable ownership in the statute would allow the
County to request information regarding the entity or entities that are behind the ownership of a
property. However, the same language is not included in reference to the real parties of interest
of a project, such as those that are leasing a property. Mr. Dryden explained that the real parties
of interest regulations allow for the request for information about such parties that are not
equitable owners, but it does not allow for requiring the ownership hierarchy of such parties.
Mr. Dryden explained that he had developed the language of the draft ordinance for
consideration by the Planning Commission. It was discussed that the drafted language was
purposely left as broad in scope as possible under the law. The term “equitable owners” was
reviewed, and examples were provided, such as trustees and beneficiaries, or property owners
under an installment contract. Mr. Dryden added that language was included in the draft
equitable ownership ordinance that required the disclosure of those with ownerships of ten
percent or greater.
Mr. Dryden summarized that the drafted ordinance would require the disclosure of any
equitable owners, up the hierarchy to the person or group of people behind an entity, regardless
of how many layers there may be. The draft ordinance also requires the disclosure of real parties
of interest, such as developers or lessees, but not those behind the parties of interest.
Mr. Beebe thanked Mr. Dryden for his summary and said he did not see why the County
would not want to require such information.
Mr. Subrizi said that Mr. Bill Russell, who was in attendance at the meeting, had brought
up the topic of a real parties of interest ordinance at one of the earlier solar meetings.
Mr. Dryden agreed.
Mr. Subrizi said that the next step in the process would be to determine how the
necessary information can be collected from applicants.
Mr. Dryden said the draft ordinance authorizes the Zoning Administrator to develop a
form for the collection of the needed information. It was added that there are several jurisdictions
within the Commonwealth that have already adopted such an ordinance and have implemented
forms for the collection of necessary details that could be used as examples. Mr. Dryden
reviewed that the next step in the process would be to determine if there was interest in adopting
such an ordinance and, if so, holding a public hearing, before forwarding a recommendation to
the Board of Supervisors. Mr. Dryden asked if staff would be able to prepare a draft form to
present at the next Planning Commission meeting that could be utilized for that purpose.
Mr. Slaydon said yes.
Mr. Subrizi said that Mr. Slaydon had previously suggested that a potential Real Parties
of Interest ordinance would not be specific just to solar applicants. Mr. Subrizi asked if such an
ordinance, if adopted, would have been applicable to a previous application on the current
meeting agenda.
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Mr. Dryden said that per the statute, the County would not be able to adopt a Real Parties
of Interest ordinance that only applies to solar development applications. It was added that, if
such an ordinance were adopted, real party information could be requested from a developer, but
they would not be required to disclose it. However, the application would have to include the real
owners of the property.
Mr. Subrizi asked specifically if the developer of a property would have to disclose the
ownership information.
Mr. Dryden said a developer would not be required to disclose their ownership
information, but the County could certainly request it.
Mr. Subrizi said he was confused by the applicability of the draft ordinance.
Mr. Dryden said it was his opinion that the statute provided a broader applicability than
previously thought but noted that the real parties of interest were not necessarily tied into
equitable ownership. Mr. Dryden said that an equitable owner is a real party of interest, but he
felt comfortable with taking the view that the real parties of interest are broader than equitable
owners.
Mr. Sandridge gave an example situation and asked about the information that would be
required from each party.
Mr. Dryden said that the County would only be able to require the chain of ownership
information above the applicants themselves when they fall under the concept of an equitable
owner. In the previously presented scenario, a developer that is not an owner of the property is a
real party of interest, as they have an interest in the property being developed. Mr. Dryden said
the statue only provides the ability to require ownership information above the applicant when
they are equitable owners.
Mr. Subrizi mentioned a previous solar facility applicant who was not the landowner and
asked if they would have to list their parent companies if they were to make an application under
the proposed ordinance.
Mr. Dryden said the applicant that was not the landowner would not be required to
divulge their parent company or companies.
Mr. Subrizi said that scenario diminishes the value of such an ordinance, though he stated
he would still be in favor of it.
Mr. Dryden said the statute was not as originally thought but said he felt it was the
mechanism that the legislature has provided for localities to gather as much information as they
can. Mr. Dryden added that if the draft ordinance were not to be adopted, the County would not
have the legal right to require the information from the applicant or developer that the statute
provides.
Mr. Subrizi referenced the previously mentioned solar facility application and said that a
trust and trustee owned the property, but the County was unsure of who was in the trust.
Mr. Dryden said that if the draft ordinance were to be adopted, if the situation that Mr.
Subrizi mentioned was to take place, the applicant would be required to disclose the members of
the trust as part of the application process. If the members of the trust were not to be disclosed,
the application would be incomplete.
Mr. Sandidge asked if only the trustees would have to be identified and would not include
the benefactors.
Mr. Dryden said no, that was not the case as the beneficiaries of an applicant would also
be equitable owners. It was added that if a beneficiary were to be an LLC, the members of the
LLC could also be identified.
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Mr. Subrizi asked Chair Beebe if Bill Russell, who was attending the meeting, could be
allowed to make a comment.
Mr. Beebe thanked Mr. Russell and invited him to come forward to comment if he
wished to do so.
Mr. Russell stepped to the front and said he would like to see the Real Parties of Interest
ordinance adopted. Mr. Russell mentioned that it was a possibility that the General Assembly
could remove some authority on solar applications from localities and suggested that it may be
worth waiting to see what actions are taken. It was mentioned that if the authority on solar
applications could be moved to the Utilities Commission and the Commission requires the
developer to disclose a lot more beneficial ownership information than is required by the draft
real parties of interest ordinance.
Mr. Beebe asked what the benefit would be in waiting to adopt the ordinance as drafted
and said he believed that the draft ordinance was beneficial.
Mr. Sandridge said that if the decision-making were turned over to the Utilities
Commission, it would bypass the potential ordinance at the local level.
Mr. Subrizi pointed out that Mr. Russell was referring only to solar facility applications,
but the draft ordinance would have benefits beyond just solar applications.
Mr. Russell said yes.
Mr. Beebe said that common sense would be for the draft ordinance to be put in place to
provide additional background information on the applications that are reviewed by the Planning
Commission.
Mr. Dryden added that if the ordinance is adopted, it can always be amended in the future
to accommodate any changes to the Code.
Mr. Beebe thanked Mr. Russell for his comment.
At 8:08 pm, Mr. Sandridge made a motion to instruct staff to take the amendment to
public hearing at the next Planning Commission meeting.
Mr. Subrizi seconded the motion.
The motion was approved unanimously.
Mr. Whitmore asked if the draft Real Parties of Interest ordinance were to be enacted
after the current draft Solar Ordinance, would it be applicable after the fact.
Mr. Slaydon said that the draft Real Parties of Interest ordinance would be applicable to
all special exception applications and rezoning applications.
Mr. Whitmore said it sounded like it would not matter if the draft Real Parties of Interest
ordinance was enacted before or after the draft Solar ordinance.
Mr. Slaydon said he agreed.
* * * * *
The seventh item on the agenda was a discussion about the draft Solar Ordinance.
Mr. Slaydon came forward and gave a brief overview of the November 2025 Planning
Commission meeting, during which the Planning Commissioners reviewed and discussed the
draft Solar Ordinance, draft definitions, and draft uses in zoning districts. Additionally, potential
amendments to the existing public utilities definition were reviewed, which included the
proposed division into major public utilities and minor public utilities.
Mr. Slaydon said that, as was requested by the Commission, since the time of the prior
meeting in November 2025, staff had contacted individual Planning Commissioners to receive
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feedback regarding the proposed changes to the uses in zoning districts. There was consensus
among the Planning Commissioners that the use of public utility service, major, should be added
as a use by special exception in the Agricultural and Limited Use (A-1) zoning district. Mr.
Slaydon said the original draft uses included public utility service, minor, as a permitted use, but
did not provide for public utility service, major, in the zoning district.
Mr. Beebe asked if there was any discussion amongst the Planning Commission
members.
Mr. Beebe said that he was fine with the proposed definitions, which had been reviewed
at the previous meeting.
Mr. Subrizi said he believed that the proposed changes to the existing Public Utilities
definition are independent of the draft solar ordinance and wanted to see the amendment to the
definition separated from the draft solar ordinance.
Mr. Subrizi asked if there was any issue with him sending a written email with his
thoughts about the solar ordinance to the other members of the Planning Commission.
Mr. Dryden said he would suggest that if a commissioner sent an email to all members,
those who received the message should not hit “reply all” when responding. Rather, the
responses can be sent to individual Commission members. Mr. Dryden said there is a risk that
emails back and forth between all members could constitute a meeting of the Commission.
Mr. Subrizi said he had been hesitant to send a message to all members for that reason.
Mr. Dryden said it is possible to email all members and added that even if someone were
to accidentally hit reply all, it may not meet the level of being considered a meeting. However,
the best practice would be to just not reply to all that are included in the email.
Mr. Subrizi said he had sent his thoughts about the potential amendments and draft solar
ordinance to Mr. Slaydon, but thought it could be helpful to also send them to all Commission
members.
Mr. Subrizi reiterated his desire to separate the proposed amendment to the existing
public utilities definition from the draft solar ordinance. It was discussed that Mr. Subrizi thought
that including the term “public” in the term “public utility service” for the definitions could
cause an issue, as “public” may refer to providers of utilities such as electricity. The suggestion
was made to remove the word “public” from the term and use only, “utility service, major,” and
“utility service, minor.” Mr. Subrizi said that Mr. Slaydon had provided a list of definitions for
terms similar to public utilities from other localities for consideration, and two of the localities
did not include “public” in the term.
Mr. Subrizi continued, pointing out that data centers were included in the draft definition
of public utility service, major. It was discussed that including data centers in the definition
could cause an issue in the future.
Mr. Slaydon pointed out that data centers are included in the existing definition of public
utilities.
Mr. Subrizi said he believes that the term data center can be interpreted differently by
different people, ranging from a private server room in someone’s house to a large facility
housing data externally for companies. Mr. Subrizi suggested taking a closer look at the
regulations pertaining to data centers, similar to what has been done for solar developments.
Mr. Slaydon said that he and Mr. Subrizi had previously spoken about the concerns
regarding data centers. It was mentioned that there is an existing data center located on a portion
of the Washington and Lee University campus that is within Rockbridge County, which is
associated with the Rockbridge Area Network Authority (RANA).
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Mr. Subrizi said he did not know any details about the RANA data center and asked if it
was a building.
Mr. Slaydon said yes.
Mr. Subrizi asked if the data center serves only the entity.
Mr. Slaydon said RANA.
Mr. Subrizi said that he is worried about including data centers in the “public utility
service, major” definition because they are often associated with AI and large companies such as
Amazon. Mr. Subrizi also suggested exempting infrastructure that is within a right-of-way, such
as utility lines or water pumps, from the requirements of both “public utility service, major” and
“public utility service, minor” definitions.
Mr. Slaydon said, for example, that the Planning Commission has reviewed numerous
applications for special exception permits from Dominion Power in the past related to upgrades
of existing lines, even though they were located within existing rights-of-way. Additionally, it
was discussed that transmission lines that exceed 138 kV are typically exempt from local zoning
regulations and are reviewed and approved by the Virginia State Corporation Commission
(SCC). An example was given of a previous transmission line that was exempt from local zoning
because it exceeded the kilovolt threshold.
Mr. Subrizi asked if such projects should continue to be handled in this manner.
Mr. Slaydon said that the regulations regarding such projects are part of the Code of
Virginia.
Mr. Subrizi said that the Planning Commission had reviewed previous transmission line
replacement projects.
Mr. Slaydon agreed and said that the Code of Virginia states that transmission lines that
are below 138 kV are not exempt from local zoning regulations.
Mr. Subrizi said with his proposed changes to the draft definitions, the transmission line
projects would be exempt from the special exception requirements by ordinance.
Mr. Slaydon said he did not believe that a locality has the ability to exempt such a project
from local regulations if it was not exempted via State Code.
Mr. Dryden said he would have to look into that topic further but said he was unaware of
any statute in the Code of Virginia that would allow a locality to make such an exemption.
Mr. Subrizi said the use would become permitted as opposed to the use currently
requiring a special exception permit.
Mr. Dryden said he would want to research prior to providing an answer.
Mr. Subrizi mentioned battery storage.
Mr. Slaydon said that the Solar Committee spoke at length about the use of battery
storage and had drafted language at one time during the process that prohibited the use of battery
storage. Mr. Slaydon said he agreed with Mr. Subrizi’s written comment that battery storage
could be separated from the draft solar ordinance, and an ordinance pertaining specifically to
battery storage could be pursued in the future. It was mentioned that battery storage is often
thought of as associated with a solar facility, but there have been discussions in the past about
battery storage associated only with a major transmission line or substation. Mr. Slaydon said he
agreed with Mr. Subrizi’s remark that battery storage could be separated from the draft solar
ordinance.
Mr. Subrizi said he was making suggestions that could be incorporated into the current
conversation.
Mr. Slaydon said that both data centers and battery storage could potentially be pursued
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as next steps after the draft solar ordinance if there is a desire to do so.
Mr. Subrizi said the regulations pertaining to battery storage could be based on the size of
the storage and discussed private versus public use of the stored power.
Mr. Slaydon agreed but said he was unsure what the capacity thresholds could be without
doing further research.
Mr. Beebe asked if the Planning Commission could, in the future, direct staff to develop a
data center ordinance and a battery storage ordinance.
Mr. Slaydon said yes.
Mr. Beebe suggested moving forward with the draft solar ordinance.
Mr. Subrizi reiterated his suggestion of removing ”public” from the current term of
“public utility service, minor” and “public utility service, major.”
Mr. Slaydon reviewed that the current Regulations do not permit “public utilities” in the
Conservation (C-1) zoning district, but there is an existing use under Section 601.02-4 that
allows for “water supply buildings, reservoirs, wells, elevated tanks, and other similar public
utility and service structures” as a permitted use. Mr. Slaydon said that in the current draft uses
within the zoning districts, “public utility service, major” was added as a use by special
exception in the C-1 zoning district, and “public utility service, minor” was included as a
permitted use.
Mr. Dryden, replying to Mr. Subrizi’s question, said he did not have a strong feeling one
way or another on the idea of removing the word “public” from the terms “public utility service,
major” and “public utility service, minor.” Mr. Dryden said that one potential thought for
keeping the word “public” in the terms was that it implies that the service is for the public at
large, not just an individual or small group of people. But there was no legal concern about the
issue.
Mr. Subrizi said that public utilities are not currently permitted in the C-1 zoning district
and asked why it would not remain that way.
Mr. Slaydon said that was correct; the existing use of public utility, as defined in Section
302.164 of the Regulations, were not currently listed as a permitted use nor a use by special
exception in the C-1 zoning district. However, Mr. Slaydon said there is a use of “water supply
buildings, reservoirs, wells, elevated tanks, and other similar public utility and service structures”
that is currently permitted in the C-1 zoning district.
Mr. Subrizi asked if public utilities are not an existing permitted use in the C-1 zoning
district, why would “public utility service, major” be added as a use by special exception.
Mr. Slaydon said that “public utility service, major” is proposed to become a use by
special exception in the C-1 zoning district.
Mr. Subrizi said public utilities were not permitted in the C-1 zoning district at all in the
current regulations.
Mr. Slaydon said that was correct, except for the use of “water supply buildings,
reservoirs, wells, elevated tanks, and other similar public utility and service structures.”
Mr. Subrizi said that “public utility service, minor” should be a permitted use in the
Planned Business (B-2) zoning district, in order to match the current regulations.
Mr. Slaydon said that the B-2 zoning district is an antiquated portion of the zoning
regulations, and there are very few properties remaining in the zoning district. Mr. Slaydon read
from the current regulations the statement in the B-2 zoning district that reads, “within the
Planned Business District, all uses permitted in the General Business District (B-1) shall be
permitted by special exception." Therefore, all uses in the B-2 zoning district require a special
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exception permit.
Mr. Subrizi said that because only “public utility service, minor” is a permitted use in the
B-1 zoning district in the current draft, “public utility service, major” would not be allowed in
the B-2 zoning district at all.
Mr. Slaydon said there was some confusion that the term used in the Regulations for the
B-2 zoning district was “all uses permitted in the B-1 zoning district,” not “all permitted uses.”
Mr. Slaydon said that therefore, all uses, whether a permitted use or a use by special exception,
in the B-1 zoning district, require a special exception permit in the B-2 zoning district.
Mr. Subrizi said he had trouble tracing the uses from one business zone to the other.
Mr. Slaydon said it could be confusing and reiterated the small amount of the County that
remains in the B-2 zoning district.
Mr. Subrizi said the current property in the B-2 zoning district did not matter, as someone
could always rezone existing property to B-2.
Mr. Slaydon revisited Mr. Subrizi’s previous comment that “public utility service, major”
should be permitted as a use by special exception in the Agricultural and Limited Use (A-1)
zoning district.
Mr. Subrizi said he thought that change had already been made.
Mr. Slaydon said that was correct.
Mr. Beebe asked if there were any additional comments.
Mr. Whitmore said the draft ordinance was ready to go.
Mr. Sandridge said he was good.
At 8:27 pm, Mr. Whitmore made a motion to take the draft solar ordinance to public
hearing at the next Planning Commission meeting on January 14, 2026.
Mr. Subrizi said he wanted to recognize that the Planning Commission had received
written comments on the draft Solar Ordinance from Mr. Bill Russell and asked if Mr. Slaydon
could address Mr. Russell’s comments.
Mr. Slaydon shared Mr. Russell’s letter pertaining to the draft Solar Ordinance on the
screen. The letter was sent to the Planning Commission members as well as the Office of
Community Development staff.
Mr. Slaydon read the list in Mr. Russell’s letter and provided follow-up comments. The
suggestions included requiring a complete application prior to forwarding to the Planning
Commission, requiring online posting of all application materials, strengthening
decommissioning and surety requirements, and expanding notices mailed to nearby neighbors
rather than just adjacent property owners.
Mr. Subrizi asked if the application for a special exception is submitted to the Building
Department.
Mr. Slaydon said the special exception application goes directly to the Office of
Community Development.
Mr. Subrizi asked if applications are ever returned to the applicant with a request for
additional information or revisions.
Mr. Slaydon said yes.
Mr. Subrizi asked if the Office of Community Development provides its seal of approval
on an application.
Mr. Slaydon said an application must be deemed complete by the Office of Community
Development staff prior to being forwarded to the Planning Commission.
Mr. Slaydon continued reading Mr. Russell’s comments and said he would be happy to
16

Page 25 of 72

sit down to further clarify and understand some of the suggestions.
Mr. Subrizi said the zoning action pending sign for the rezoning application earlier on the
Planning Commission meeting agenda was placed on the property along Route 11. However, Mr.
Subrizi said a sign placed on a property pertaining to a previous special exception application
was at the end of a private road that accessed the property. Mr. Subrizi asked what the
requirements are for the placement of the signage.
Mr. Slaydon clarified which previous application Mr. Subrizi was referring to and said
that a zoning action pending sign is typically placed along the VDOT right of way, though it can
be a judgement call as to where the sign is positioned.
Mr. Subrizi said that the signage touches on the comment of notifying near neighbors of
the property, not just adjacent landowners, but said the sign should be placed where it is visible.
Mr. Slaydon said notification of a pending application had been raised in a previous solar
facility special exception process. It was discussed that it would be uncommon for a landowner
near the site not to have been informed about the pending application in some manner.
Mr. Subrizi reiterated the concern about the sign being placed at the end of a private road.
Mr. Slaydon said the property referred to was in a location that could make it difficult to
determine the best location for the signage to be placed.
Mr. Subrizi stated that posting signage on the property is a way for neighbors to know
about the project.
Mr. Slaydon agreed and continued reading and discussing Mr. Russell’s comments. Mr.
Slaydon added that Mr. Russell was still in attendance and could expand upon his comments if
the Planning Commission desired.
Mr. Beebe asked if Mr. Russell wished to provide any further details.
Mr. Russell came forward and thanked the Planning Commission and Solar Committee
for their time on the draft ordinance. Mr. Russell said he had done further research on
decommissioning plans and the public notice required for the decommissioning of a solar
facility. Mr. Russell said he felt that the current draft ordinance did not properly address the
notification of decommissioning and stated that the decommissioning plans for previous
applications had not been made available to the public.
Mr. Slaydon said the decommissioning plans have been included in each solar application
in the past.
Mr. Russell asked if the decommissioning plan was posted prior to the public meetings.
Mr. Slaydon said yes.
Mr. Russell said he was not able to find a previous decommissioning plan. It was
discussed that applicants should be aware of any rights-of-ways or easements that are on a
subject parcel. Mr. Russell said he would send additional information regarding the notification
of a project being sent to near neighbors, as a previous court case dealt with the issue of near
neighbors being classified as participating parties. It was added that some applicants have
appeared to not have discussed the application with VDOT prior to the application being deemed
complete. Potential concerns about a previously approved solar project were mentioned.
Mr. Slaydon noted that the applicants that Mr. Russell referred to had held a preliminary
conversation with the VDOT Resident Engineer regarding the ability to obtain a commercial
entrance permit.
Mr. Russell said the entrance permit was not obtained to date, and there is a condition
requiring approval from several entities, including VDOT, associated with the special exception
permit.
17

Page 26 of 72

Mr. Slaydon agreed that such a condition was associated with the special exception
permit.
Mr. Russell said VDOT had informed trucks that were carrying equipment to the site that
the road was not sufficient for their use.
Mr. Slaydon said he could have a follow-up conversation with VDOT and report back.
Mr. Beebe said it sounded like there may have been some coordination at VDOT that did
not occur.
Mr. Russell said he believed that VDOT was waiting to hear from the developers.
Mr. Beebe thanked Mr. Russell for his comments.
At 8:40 pm, Mr. Whitmore restated his motion to take the draft solar ordinance to public
hearing at the next Planning Commission meeting on January 14, 2026.
Mr. Sandridge seconded the motion.
The motion was approved unanimously.
* * * * *
With no further discussion, at 8:41 pm, Mr. Subrizi made a motion to adjourn.
Mr. Sandridge seconded the motion.
The motion was approved unanimously.
Meeting adjourned.
Respectfully Submitted,
_____________________________
Christopher T. Slaydon

Secretary

18

Page 27 of 72

AT A REGULAR MEETING OF THE ROCKBRIDGE COUNTY PLANNING
COMMISSION HELD AT THE ROCKBRIDGE COUNTY ADMINISTRATIVE OFFICES
ON WEDNESDAY, JANUARY 14, 2026
AGENDA ITEM:

At Ease Retreat Corporation – 352 Tye River Turnpike, Vesuvius,
Virginia, 24483 - Application for a Zoning Map Amendment from the
General Residential (R-1) Zoning District to the Agricultural and
General Uses (A-2) Zoning District.

SUBMITTED BY:

Neil Whitmore, Deputy Zoning Administrator

DATE:

January 07, 2026

SUMMARY OF INFORMATION:
At Ease Retreat Corporation, 352 Tye River Turnpike, Vesuvius, Virginia 24483, has
made an application for a Zoning Map Amendment.
The property is owned by At Ease Retreat Corporation and is located on the west side
of Tye River Turnpike (Route 56), approximately 0.179 miles north of the intersection of
South Bottom Rd. (Route 608) and Tye River Turnpike. The property is further identified
as tax map number 41-A-5A (6.12 ac. – per tax records).
The property is currently split zoned with 4.42 acres in the General Residential (R-1)
Zoning District and the remaining acreage (1.70 acres) in the Agricultural and General
Uses (A-2) Zoning District. The application is to rezone the portion of the property that is
in the R-1 zoning district to the A-2 zoning district. The property is in the South River
Magisterial District.
Recommendation:
Consider the information provided, receive public comments, and if there is a
consensus of the Commission, make a recommendation to the Board of Supervisors.
Attachments:
Application
Notice of Public Hearing
Location map
Narrative of the project and schematic plans

1

Page 28 of 72

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Page 29 of 72

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Page 30 of 72

AT A REGULAR MEETING OF THE ROCKBRIDGE COUNTY PLANNING
COMMISSION HELD AT THE ROCKBRIDGE COUNTY ADMINISTRATIVE OFFICES
ON WEDNESDAY JANUARY 14, 2026
AGENDA ITEM:

At Ease Retreat Corporation – 352 Tye River Turnpike, Vesuvius,
Virginia, 24483 - Application for a Special Exception Permit to
develop and operate a lodge/resort in the Agricultural and General
Uses (A-2) Zoning District.

SUBMITTED BY:

Neil Whitmore, Deputy Zoning Administrator

DATE:

January 07, 2026

SUMMARY OF INFORMATION:
At Ease Retreat Corporation, 352 Tye River Turnpike, Vesuvius, Virginia 24483, has
made an application for a Special Exception Permit to develop and operate a
lodge/resort.
The property is owned by At Ease Retreat Corporation and is located on the west side
of Tye River Turnpike (Route 56), approximately 0.179 miles north of the intersection of
South Bottom Rd. (Route 608) and Tye River Turnpike. The property is further identified
as tax map number 41-A-5A (6.12 ac. - per tax records).
The property is currently split-zoned with approximately 4.42 acres located in the
General Residential (R-1) Zoning District, and approximately 1.70 acres in the
Agricultural and General Uses (A-2) Zoning District. There is a pending zoning map
amendment application to rezone the entire property to the Agricultural and General
Uses (A-2) Zoning District.
Per section 603.03-1 of the County of Rockbridge Land Development Regulations (the
regulations), a lodge/resort is a use by special exception in the A-2 Zoning District. This
application is contingent upon the rezoning application. The property is in the South
River Magisterial District.
Recommendation:
Consider the information provided, receive public comments, and if there is a
consensus of the Commission, make a recommendation to the Board of Supervisors.
Attachments:
Application
Notice of Public Hearing
Location map
Narrative of the project and schematic plans
1

Page 31 of 72

³

At Ease Retreat Corporation
Tax Map # 41-A-5A

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Page 32 of 72

AT A REGULAR MEETING OF THE ROCKBRIDGE COUNTY, VIRGINIA PLANNING
COMMISSION, HELD AT THE ROCKBRIDGE COUNTY ADMINISTRATIVE OFFICES
ON WEDNESDAY, JANUARY 14, 2026
AGENDA ITEM:

County of Rockbridge – 150 South Main Street, Lexington, Virginia
24450 – Application for a zoning text amendment (ZTA) to modify
the Regulations to add a section pertaining to Disclosure of
Equitable Ownership and Real Party in Interest.

SUBMITTED BY:

Neil Whitmore - Deputy Zoning Administrator

DATE:

January 07, 2026

SUMMARY OF INFORMATION:
At its November 12, 2025, meeting, the Planning Commission instructed staff to
prepare an ordinance to require a disclosure statement for real parties in interest.
At its December 10, 2025, meeting, the Planning Commission held a discussion
about the proposed ordinance and instructed staff to advertise for a public hearing.
Per Code of Virginia § 15.2-2289. (Localities may provide by ordinance for
disclosure of real parties in interest) “In addition to the powers granted by this chapter,
localities may provide by ordinance that the local planning commission, governing body
or zoning appeals board may require any applicant for a special exception, or a special
use permit, amendment to the zoning ordinance or variance to make complete disclosure
of the equitable ownership of the real estate to be affected including, in the case of
corporate ownership, the name of stockholders, officers and directors and in any case the
names and addresses of all of the real parties of interest. However, the requirement of
listing names of stockholders, officers and directors shall not apply to a corporation whose
stock is traded on a national or local stock exchange and having more than 500
shareholders. In the case of a condominium, the requirement shall apply only to the title
owner, contract purchaser, or lessee if they own 10% or more of the units in the
condominium.”
In some localities the Board of Zoning Appeals acts on Special Exception Permits;
that is not the case in Rockbridge. The BZA is responsible for variances and appeals of
zoning administrator’s determinations. Staff would anticipate that the disclosure would
pertain to special exceptions and amendments to the zoning ordinance (rezoning – map
amendments).
Recommendation:
Consider the information provided, receive public comment, and if there is a consensus
of the Commission, make a recommendation to the Board of Supervisors.
Attachments:
Draft Disclosure for Real Parties in Interest Ordinance
1

Page 33 of 72

ARTICLE 8. ADMINISTRATION
*********
801.00

ZONING ADMINISTRATOR

**********
801.04

Purpose. The purpose of this Subsection is to promote transparency and public
confidence in zoning decisions by requiring applicants to disclose the equitable
ownership of real estate that will be affected by certain zoning actions and to
identify all real parties in interest, as authorized by Virginia Code §15.2-2289.
Applicability. The disclosure requirements of this Subsection apply to all
applications for:
(1)

Special exceptions;

(2)

Special use permits;

(3)

Amendments to the zoning ordinance or zoning map, including rezonings
and conditional rezonings; and

(4)

Variances.

No such application shall be deemed complete unless accompanied by a
disclosure form executed in accordance with this Subsection.
Definitions. For purposes of this Subsection, the following definitions shall
apply:
Equitable ownership. Any legal, beneficial, or contract-based ownership interest
in the real estate to be affected that gives the holder a present or enforceable right
to acquire, control, or benefit from the property, even if legal title is held in
another’s name. Equitable ownership includes, without limitation: (i) vendees
under executory contracts or installment land contracts for the sale of the
property; (ii) parties who have exercised an option to purchase the property; (iii)
beneficiaries of a trust holding title to the property; and (iv) entities or individuals
that hold a beneficial ownership interest in an entity that holds legal or equitable
title to the property.
Real party in interest. Any person or entity that, by virtue of legal title, equitable
ownership or leasehold interest, stands to benefit from, or exercises material
control over, the use, value, or development of the real estate to be affected by the
application. The term includes, but is not limited to: (i) record title owners; (ii)
equitable owners as defined above; (iii) any leaseholder; and (iv) any individual

Page 34 of 72

or entity holding, directly or indirectly, ten percent (10%) or more of the equity,
membership, or partnership interests in an entity that is a record or equitable
owner.
For purposes of this Subsection, institutional lenders holding only a security
interest in the property, without any right to control the use or development of the
property beyond typical remedies upon default, are not deemed real parties in
interest.
Entity. Any corporation, limited liability company, partnership, limited
partnership, business trust, or other organized legal entity.
Required disclosure.
(1)

General requirement. Every application subject to this Subsection shall be
accompanied by a sworn disclosure form on a County-approved form,
signed by the applicant and by at least one (1) real party in interest,
disclosing: (i) the name and mailing address of each record title owner of
the real estate to be affected; (ii) the name, mailing address, and nature of
interest of each equitable owner of the real estate to be affected; and (iii)
the name, mailing address, and nature of interest of all other real parties in
interest.
Any equitable owner that is a partnership, corporation, limited liability
company, or trust shall name its owners, partners (general and limited),
shareholders, and beneficiaries, each of whom must be broken down
successively until only individual persons are listed or the listing is a
business entity having more than one hundred (100) owners (e.g., partners,
shareholders, or members), in which case only those individual persons
who own ten percent (10%) or more of the business entity must be listed.
The requirement of listing names of stockholders, officers and directors
shall not apply to a corporation whose stock is traded on a national or local
stock exchange and has more than five hundred (500) shareholders. In the
case of a condominium, the requirement shall apply only to the title
owner, contract purchaser, or lessee if they own ten percent (10%) or more
of the units in the condominium.

(2)

Entity ownership. Where any record or equitable owner is an entity, the
disclosure shall also identify: (i) the full legal name and jurisdiction of
organization of the entity; and (ii) the names and mailing addresses of all
officers and directors (for a corporation), managers (for an LLC), or
general partners (for a partnership).

(3)

Trusts. Where title to the property is held in trust, the disclosure shall
identify: (i) the trustee or trustees and their mailing addresses; and (ii) the

Page 35 of 72

beneficiaries who hold equitable ownership interests in the trust property
and their mailing addresses, to the extent permitted by law.
(4)

Contract purchasers and options. If any applicant or other person holds an
executory contract for the purchase of the property, an installment land
contract, or an option that has been exercised, the disclosure shall state the
name, mailing address, and nature of that interest.

(5)

Oath. All disclosures required by this Section shall be made under oath
before a notary public or other officer authorized to administer oaths. It
shall be sufficient if at least one (1) real party in interest, with personal
knowledge, swears or affirms to the accuracy and completeness of the
information provided.

Duty to update. The applicant and disclosed real parties in interest shall have a
continuing duty to promptly update the disclosure form in writing if any
information provided becomes materially inaccurate before final action on the
application by the County.
Effect of non-compliance.
(1)

No application covered by this Subsection shall be scheduled for public
hearing or acted upon unless and until a completed disclosure form has
been filed and deemed sufficient by the Zoning Administrator or designee.

(2)

The Board of Supervisors, Planning Commission, or Board of Zoning
Appeals may continue, defer, or deny any application where it finds that
the applicant has failed to make a good-faith, complete disclosure as
required by this Subsection.

Penalties. Any person who knowingly and willfully makes a materially false
statement, or knowingly and willfully fails to disclose required information, on a
disclosure form required by this Subsection shall be subject to the penalties
provided by law for false statements under oath and any other remedies available
under state law.

Page 36 of 72

AT A REGULAR MEETING OF THE ROCKBRIDGE COUNTY, VIRGINIA PLANNING
COMMISSION, HELD AT THE ROCKBRIDGE COUNTY ADMINISTRATIVE OFFICES
ON WEDNESDAY, JANUARY 14, 2026
AGENDA ITEM:

County of Rockbridge – 150 South Main Street, Lexington, Virginia
24450 – Application for a zoning text amendment (ZTA) to modify
the Regulations to add a section pertaining to solar facilities
including modifications to Section 302 (Specific Definitions), to
include modifications to existing definitions, and to define new
terms pertaining to solar facilities. The proposed ZTA includes
modifications to Article 6 (Uses in Districts).

SUBMITTED BY:

Chris Slaydon, Zoning Administrator

DATE:

January 07, 2026

SUMMARY OF INFORMATION:
At its November 14, 2023 meeting, the Board of Supervisors established the Solar
Committee. The membership of the committee was finalized at the December 11, 2023
Board of Supervisors meeting. The solar committee included one member of the Planning
Commission (Commission Member David Whitmore, one member of the Board of
Supervisors (Supervisor Leslie Ayers), one member of the Rockbridge Area Conservation
Council (Bob Biersack), one member of the local Farm Bureau (Mack Smith), and two
citizens of Rockbridge County (Robert Gilbert and John Campbell). Prior to appointments
by the Board of Supervisors, the citizens submitted applications (Application for
membership on Boards, Committees, Commissions, and Authorities).
The first Solar Committee meeting was held on January 18, 2024, and was followed by
ten additional meetings. On average, for the first half of 2024, the Committee met twice a
month.
Staff had drafted a solar ordinance prior to the conception of the committee. The draft
ordinance was developed utilizing a list of items that staff reviews during the initial
discussion with solar developers, as well as researching ordinances throughout the
Commonwealth. The purpose of providing the draft ordinance was to have a foundation
for the solar committee to discuss, but was not meant to be a defining point.
As noted, throughout the process, staff and the committee reviewed existing solar
ordinances throughout the Commonwealth. In addition, staff and the committee also
spoke with citizens, several individuals with expertise in solar development, including a
Virginia Tech professor, citizens who have worked in the solar industry, and a citizen of
the County that worked on the development of the Virginia Pollinator Smart program.
Throughout the process, the Office of Community Development staff has provided the
draft ordinance to anyone who inquired about the process/draft ordinance. Staff
encouraged public input via written comments, phone discussions, and/or meetings with
individuals and groups of interested citizens.
1

Page 37 of 72

The last Solar Committee meeting was held on January 15, 2025 and after considering
all input received, the Committee finalized their recommendations for the draft ordinance.
A joint meeting of the Board of Supervisors, Planning Commission, and Solar Committee
was held on March 4, 2025. The purpose of the joint meeting was to review the draft solar
ordinance, provide a better understanding of the rationale behind the document, and
obtain feedback from the members of the Board of Supervisors and the Planning
Commission.
Using the feedback from the joint meeting, staff presented a revised draft Solar Ordinance
to the Planning Commission at the April 9, 2025 meeting. The Planning Commission
provided suggested changes and staff informed that draft definitions and a draft
incorporation of the use into the Land Development Regulations would be forthcoming.
The draft solar ordinance was reviewed and discussed at the October 8, 2025 Planning
Commission meeting, and staff presented the draft definitions and draft Land
Development Regulations incorporating the use at the November 12, 2025 meeting.
Following continued discussion at the December 10, 2025 meeting, the Planning
Commission made a motion to take the draft ordinance and accompanying definitions
and uses to public hearing at the January 14, 2025 Planning Commission meeting.
Recommendation:
Consider the information provided, receive public comments and if there is a consensus
of the Commission, make a recommendation to the Board of Supervisors
Attachments:
Draft Solar Ordinance (10-27-2025)
Draft Definitions
Draft Uses in Zoning Districts

2

Page 38 of 72

DRAFT 10-27-2025
717.00

SOLAR FACILITIES

The purpose of this Ordinance is to establish requirements for the development of community
and utility-scale solar facilities. The goals of this Ordinance are to:
(1)

Provide for the siting, development, operations, and decommissioning of
community and utility-scale solar energy facilities in the County in a
manner that promotes and protects the public health, safety, and welfare of
the community; and

(2)

Minimize adverse visual effects of solar energy facilities through careful
siting and design; and

(3)

Maintain the character of surrounding land uses and preserve historic,
environmental, and cultural resources of the County in accordance with
the Comprehensive Plan; and

(4)

Avoid potential adverse impacts to persons and property through design,
construction, maintenance, and decommissioning standards.

717.01

Definitions. Refer to Article 3 (Definitions) for the meanings of words and
phrases used throughout this Ordinance.

717.02

Applicability. The requirements set forth in this Ordinance shall govern the
development of ground mounted solar energy projects that are one-quarter (0.25)
acre or greater in area.

717.03

Modifications. In consideration of any request(s) to modify any requirements of
this Ordinance, the Planning Commission and Board of Supervisors shall consider
the provisions in Section 501.02, as well as good zoning principles and
consistency with the Comprehensive Plan.

717.04

Siting Requirements.
(1) The solar panel zone shall be sited on 15% slope or less predevelopment; An
allowance may be made for up to 10% of the solar panel zone to be sited on
16% to 20% slope predevelopment. In no case shall the solar panel zone be
sited on predevelopment slopes that exceed 20%.
(2) Solar Facilities shall be located out of the 100-year Special Flood Hazard
Areas.

Page 39 of 72

(3) Solar facilities shall not be permitted on a portion of land that has been clearcut or heavily timbered in the five (5) years immediately preceding the date of
the application.
717.05

Factors Considered in Granting Permits for Solar Facilities. The County may
consider the following factors and the extent to which the development achieves
the goals of this Ordinance in determining whether to issue a Special Exception
Permit:
(1)

Proximity of the proposed solar facility to residential structures and
boundaries of residential zoning districts

(2)

Compatibility with surrounding land use(s)

(3)

Topography of the site and the surrounding area

(4)

Surrounding existing tree coverage and foliage in conjunction with the
proposed landscaping buffer plan

(5)

Design of the solar facility, with consideration given to design elements
that mitigate or eliminate visual obtrusiveness

(6)

Design of the solar facility, with consideration given to siting elements
that avoid deforestation

(7)

Design of the solar facility, with consideration given to siting elements
that avoid prime farmland as shown on the U.S. Department of
Agriculture (USDA) Soil Survey

(8)

Design of the solar facility, with consideration given to siting elements
that avoid karst features, such as sinkholes, sinking streams, caves, and
springs

(9)

Design of the solar facility, with consideration given to siting elements
that minimize land disturbance

(10)

Design of the solar facility as it relates to the percentage of total acreage
occupied by the ground mounted solar energy project in comparison to the
landowner(s) parcel size and/or contiguous land holdings, serving to
reduce or eliminate the visual impacts of the project

(11)

Design of the solar facility with consideration given to ground cover
(within the panel zone area and solar open area) that complies with the
Virginia Pollinator Smart Program best practices and which improves
soil(s) during the life of the project

Page 40 of 72

717.06

(12)

Design of the solar facility with consideration given to vegetation
management plans that utilize agrivoltaics

(13)

Consistency with the Comprehensive Plan and the purposes to be served
by zoning

Application. Each applicant shall submit the following information and other
supporting drawings, calculations and documentation, signed and sealed by the
appropriate licensed professionals:
(1)

Application Form. A completed application form provided by the County
detailing specific technical information regarding the proposal.

(2)

Site Plan. In addition to the requirements of Section 802.03 the following
information shall be shown on the summited plans:
(a) Proposed location/layout of the site, including locations of inverters,
controllers, transformers, wiring, connector boxes, switches, and
monitoring devices
(b) Proposed entrance location(s) and access roads
(c) Existing and proposed structure(s)
(d) Proposed landscaping buffer - with location, numbers, and species of
plantings proposed, including heights at time of planting
(e) Proposed fencing plan showing location, height and composition of
fencing
(f) Proposed location of connection(s) to transmission line(s)
(g) Setbacks from property lines and closest offsite dwelling(s)
(h) Location of existing wetlands and karst features
(i) Soil types of the site per USDA Soil Survey and soil samples of the
panel zone area, including compaction testing and soil profile testing,
conducted as recommended by the Virginia Cooperative Extension
(2000) and state soil testing lab at Virginia Tech (Maguire and
Heckendorn 2019)
(j) Overall maximum height of racking system and solar panels at
maximum tilt

Page 41 of 72

(k) Proposed location(s) of Erosion and Sediment Control and Storm
Water Management measures (during construction and post
construction)
(l) Preliminary grading plan identifying areas and overall percentage of
the site that will require land disturbance
(m) Regenerative ground cover plan, including specifications on seed
type(s) that will be utilized
(n) Lighting plan
(o) Panel specification/composition including specifications on anti-glare,
anti-reflective coatings, and other available mitigation techniques that
will be utilized.
(p) Location of knox box(es) on the site
(q) Color photo simulations of the site from relevant viewpoints, as
determined by the Zoning Administrator, including a simulated
photographic image of the proposed solar facility. The photograph
with the simulated image shall include the foreground, mid-ground,
and background of the site. Before and after photo exhibits that show
the current state of the site and future simulations. A minimum of six
(6) photo simulations from the relevant viewpoints shall be provided.
A map shall be supplied identifying by reference the location of each
viewpoint. Additionally, it is encouraged that the applicant identifies
landowners in the vicinity of the proposed project and contact the
landowners to inquire about their desire to allow photo simulations
from their property
(r) A Construction Traffic Management Plan outlining the methods, per
the VDOT Work Area Protection Manual, that will be used to mitigate
impacts to the movements of traffic.
717.07

Aesthetics. Solar facilities shall incorporate design elements to minimize the
adverse visual impacts on the community.
(1)

The facility shall only use panels that employ anti-glare technology, antireflective coatings, and other available mitigation techniques, all that meet
or exceed industry standards, to reduce glint and glare.

(2)

The design of the panel zone and related structures used in conjunction
with the solar facility shall, to the extent possible, use materials, colors,
textures, screening, and landscaping that will blend the solar facilities with
the natural setting and the surrounding built environment.

Page 42 of 72

(3)

Nominal or no lighting - any lighting use in a solar facility shall be
installed for security and safety purposes. All lighting shall be shielded to
prevent light trespassing from the solar facility.

(4)

The facility area containing equipment, panels, and/or supporting
accessory structures shall be enclosed by security fencing not less than six
(6) feet in height. The height and/or location of the fence may be altered in
the conditions associated with the Special Exception Permit. Woven wire
or fixed knot fencing is encouraged. Fencing must be installed on the
interior of the vegetative buffer. Properties with livestock, or with the
potential for livestock, are encouraged to provide a second fence to protect
the vegetive buffer. All fencing shall be maintained in good condition for
the life of the project.

717.08

Panel Specification and Composition. At the time of the site plan review, the
Applicant shall provide to the Zoning Administrator a written panel specification
and composition disclosure document. Projects shall comply with accepted
national environmental protection and product safety standards for the use of solar
panels for solar photovoltaic (electric energy) projects. Such existing product
certifications and standards include the International Electro technical
Commission No. 61215-2, Institute of Electrical and Electronics Engineers
Standard 1547, and Underwriters Laboratories No. 61730-2. The site plan shall
reference the specific safety standards and how the project safety standards will
be met.

717.09

Height. The maximum allowable height for a solar panel is twelve (12) feet from
finished grade to the top of the solar panel when at maximum tilt. An increase in
the maximum allowable height may be considered in order to reduce the amount
of grading. In no case shall the maximum height of a solar array exceed fifteen
(15) feet.

717.10

Public Information Meeting. Applicants proposing new solar facilities that
require a Special Exception Permit shall hold a public informational meeting to
discuss their development plans and address community concerns prior to
application submission.
(1)

The applicant shall inform the Zoning Administrator and adjacent property
owners of the subject parcel, via certified mailings, of the date, time, and
location of the public informational meeting, at least fourteen (14) days in
advance. In cases where the landowner of the subject parcel(s) owns the
adjacent parcel(s), the mailings shall include the adjacent landowners that
are not the landowner of the subject parcel.

(2)

The date, time and location of the public informational meeting shall be
advertised by the applicant in a newspaper of general circulation in the

Page 43 of 72

county, at least seven (7) days, but not more than fourteen (14) days, in
advance of the meeting date.
(3)

The meeting shall be held within the County at a location open to the
public (preferably in the magisterial district that the project is proposed)
with adequate parking facilities, and seating that can be accessed by
persons with disabilities.

(4)

The meeting shall give members of the public the opportunity to
review application materials, ask questions of the applicant and
provide feedback.

(5)

The applicant shall provide to the Zoning Administrator a
summary of any input received from members of the public at
the meeting.

(6)

The applicant shall make available to the public, information
about the materials and components used for the construction,
maintenance, and decommissioning of solar panels.

(7)

At least seven (7) days prior to the public informational meeting, the
applicant shall mark the corners of proposed panel zone area with, at
minimum, stakes four (4) feet in height, with fluorescent neon markings
on top. In cases where four (4) feet stakes cannot be seen due to ground
cover, taller stakes/identifying markings may be required.

717.11

Building Codes. A solar facility shall be designed, constructed and maintained in
compliance with the standards contained in applicable local, state, and federal
building codes and regulations.

717.12

Setbacks. The solar panel zone, equipment, and accessory structures shall be set
back a minimum distance of one hundred (100) feet from all property lines and/or
from the edge of public rights-of-ways. Increased setbacks may be required to
reduce the impact of the facility on adjacent properties. Decreased setbacks may
be considered for applications where the landowner(s) holdings include the
adjacent property, the existing topography warrants decreased setbacks and/or to
avoid areas of prime farmland.

717.13

Signage. Solar equipment shall not be used for displaying any advertising except
for reasonable identification of the manufacturer or operator of the solar project.
All signs, flags, streamers or similar items, both temporary and permanent, are
prohibited on and/or around solar equipment except as follows: (a) manufacturer
or installer identification; (b) appropriate warning signs and placards; (c) signs
that may be required by a state or federal agency; and (d) signs that provide a 24hour emergency contact information to include a phone number.

Page 44 of 72

717.14

Noise. Audible sound from a solar energy system shall not exceed 60 dBA (Aweighted decibels), as measured from any adjoining non-participating
landowner’s property line.

717.15

Coordination with Local Emergency Services
(1)

Prior to the construction of the solar facility, the project owner shall
provide contact information for the site manager to the Chief of the
Department of Fire-Rescue & Emergency Management. The contact
information shall include the name, title, address, email, and phone
number of the site manager and shall notify the Chief within seven (7)
days of a change in contact information.

(2)

The project owner, shall, within thirty (30) days of activation of the solar
facility contact the Chief of the Department of Fire-Rescue & Emergency
Management to coordinate a facility walkthrough for preparation and
training as it relates to emergency responses to fires.

(3)

After construction, final plans, in digital form, shall be sent to the Chief of
the Department of Fire-Rescue & Emergency Management, showing the
location of knox box placement, and the location of disconnection and
isolation switches associated with the facility.

717.16

Notification of Change of Project Ownership or Operator. In the case that
ownership (or operation) of a solar facility is transferred, the current owner (or
operator) is required to provide the Zoning Administrator written notice, via
certified mail, of any change in owner and/or operator within thirty (30) days of
such anticipated change.

717.17

Landscaping and Ground Cover. The following shall govern the landscaping and
ground cover requirements:
(1)

Solar facilities shall be landscaped with a buffer of plant materials that
effectively screen the view of the solar panel zone, supporting equipment,
and/or buildings from adjacent properties, unless otherwise modified by
the Board of Supervisors. The standard buffer shall consist of, at
minimum, a staggered double-row landscaped strip at least twenty (20)
feet in width, outside the perimeter of the facility

(2)

In locations where the visual impact of the solar facility would be
minimal, due to existing vegetation, distance from property lines, and/or
topography, the standard buffer requirement may be reduced or eliminated

(3)

Ground cover shall be climate-hardy, non-invasive, and pollinator-friendly

Page 45 of 72

species, with preference given to warm season and Virginia-native
grasses, which improve the quality of the soils. In cases where livestock
will be utilized, ground cover requirements may be modified
(4)

The required landscaping and ground cover shall be maintained and in
healthy condition for the life of the project

717.18

Topsoil Retention. In cases where soil is excavated, the topsoil of all disturbed
areas shall be retained and replaced on the finished grade. The depth of the topsoil
shall be equal to or greater than predevelopment, as determined in the soil profile
testing conducted during the application phase. No topsoil shall be removed from
the site.

717.19

Decommissioning
(1)

Decommissioning plan
As part of the special exception application, the applicant shall submit a
decommissioning plan, which shall include the following: (1) the
anticipated life of the project; (2) an itemized estimated decommissioning
cost in current dollars certified by a professional engineer licensed in the
Commonwealth with experience in preparing decommissioning estimates,
who is engaged by the applicant; (3) the method of ensuring that funds
will be available for decommissioning and restoration; (4) the method by
which the decommissioning cost will be kept current; and (5) the manner
in which the project will be decommissioned and the site restored.

(2)

Discontinuation or Abandonment of Project
(a) Thirty (30) days prior to such time that a solar facility is scheduled to
be abandoned or discontinued, the owner or operator shall notify the
Zoning Administrator via certified mail of the proposed date of
abandonment or discontinuation of operations. Any solar facility that
becomes inoperable for a period of 12 consecutive months shall be
deemed abandoned and subject to the requirements of this section.
(b) Within 365 days of the date of abandonment or discontinuation, the
owner or operator shall complete the physical removal of the solar
energy project and site restoration. This period may be extended in
ninety (90) day increments at the written request of the owner and
operator, upon approval of the Zoning Administrator.

(3)

Decommissioning of discontinued or abandoned solar energy project, shall
include the following:
(a) Physical removal of all solar equipment and above-ground structures
from the subject property including, but not limited to; buildings,

Page 46 of 72

machinery, equipment, cabling and connections to transmission lines,
equipment shelters, security barriers, electrical components,
landscaping, foundations, and road(s), unless the landowner(s) submits
a written request to the Zoning Administrator that such road(s) and/or
landscaping remain in place.
(b) Below-grade structures, such as foundations, underground collection
cabling, mounting beams, footers, and all other equipment installed
with the system shall be completely removed; however, foundations
and footers may be allowed to remain if the landowner(s) provides a
written request to the Zoning Administrator that such foundations
and/or footers remain in place.
(c) Prior to the commencement of decommissioning, the landowner,
owner or operator and the Zoning Administrator (or appointee) shall
meet on site to review the decommission plan.
(d) Compaction levels of soils shall be equal to or lesser than the
predevelopment compaction levels, as determined by the soil testing
conducted during the application phase.
(e) All solid or hazardous materials and waste from the site shall be
properly disposed in accordance with local, state, and federal solid
waste disposal regulations.
717.20

Bonding
(1)

Prior to the issuance of a Building Permit for a solar energy system, the
applicant shall:
(a) Submit to the Zoning Administrator a fully executed decommissioning
agreement by the project owner/developer, and the County,
incorporating the Decommissioning Plan. For projects that have been
approved for twelve (12) months or greater, an updated itemized cost
estimate from a professional engineer licensed in the Commonwealth
with experience in preparing decommissioning estimates, who is
engaged by the applicant may be required. The financial assurance
shall not include a credit/reduction as it relates to the salvage value of
the solar energy system.
(b) Submit a bond, irrevocable letter of credit, cash escrow or other
appropriate surety in the amount of the estimate as approved by the
Zoning Administrator, which shall:
i. Secure the cost of removing the system and restoring the site as

Page 47 of 72

specified in the decommission plan; and
ii. Reasonable allowance for administrative costs arising from any
default; and
iii. Include a mechanism to increase the amount of the financial
surety to account for inflation every three (3) years.
(c) Ensure the bond, irrevocable letter of credit, cash escrow or other
surety shall remain in full force and effect until the Zoning
Administrator (or appointee) has inspected the site and verified that the
solar energy system (above and below grade) has been fully removed
and properly disposed of. Once all decommission tasks are determined
to have been satisfied by the Zoning Administrator, the bond,
irrevocable Letter of Credit, cash escrow, or other surety shall be
promptly released.
(d) Submit a bond, irrevocable letter of credit, cash escrow, or other
appropriate surety in the amount of the certified estimate of costs of
the landscaping improvements, including installation. Unless
otherwise specified in the special exception permit, at the discretion of
the Zoning Administrator, the surety for landscaping may be held in
force for a period of no longer than thirty-six (36) months from date of
planting of materials, provided that landscape materials have been
maintained in healthy condition

Page 48 of 72

COUNTY OF ROCKBRIDGE LAND DEVELOPMENT REGULATIONS
PROPSOED ZONING TEXT ADMENDMENTS – DEFINITIONS
January 7, 2026

Deleted: OCTOBER 28
Deleted: 2025

RED = proposed Language
Strikeout- current language to be removed/modified
Deleted: ¶

302.00

SPECIFIC DEFINITIONS

When used in this Ordinance the following words and phrases shall have the meaning given
in this Section:
302.07A

Agrivoltaics. Agricultural production, such as crop and/or livestock
production in the panel zone area and the solar open area.

302.59

Developer. An owner of property being subdivided, whether or not
represented by an agent.

302.59

Developer. An individual, corporation, proprietor, trust, trustee, joint venture,
partnership, or other entity having legal title to any tract of land or parcel of
land to be developed, whether or not they have given their power of attorney
to one of their group, or another individual or entity to act on their behalf in
planning, negotiation or in representing or executing the requirements of the
ordinances of Rockbridge County.

302.113C

Operator, Solar Project. The person or entity responsible for the overall
operation and management of a solar energy project.

Formatted: Underline

302.113D

Owner, Solar Project. The person or entity who owns all or a portion of the
solar energy project.

Formatted: Underline

302.151A

Panel Zone Area. The area directly under the panels as well as in the rows
between the solar panels, as well as a 20’ offset from the perimeter of the
outermost panels.

302.164

Public Utilities. Buildings, structures and facilities such as office complexes
and equipment yards, power plants, substations and major transmission
lines; data centers, water and wastewater transmission lines, water and
wastewater treatment plants, pumping stations, tanks, wells and/or such
similar operations, publicly or privately owned, furnishing electricity, gas, rail
transport, communications, water and sewer or related services to the

Formatted: Font: +Body (Aptos)

Deleted: Add Definition for Owner (specific to
solar)Owner, Solar Project¶
The person or entity who owns all or a portion of
the solar energy project.¶
Add Definition of Operator (specific to
solar)Operator, Solar Project¶
The person or entity responsible for the overall
operation and management of a solar energy
project.¶
Formatted: Font: +Body (Aptos)

Page 49 of 72

general public.
(Sec. 302.164 Amended by Ord. of 10-27-14)
302.164

302.164A

302.191C

302.191D

Public Utility Service, major. Service of a regional nature which normally
entails the construction of buildings or structures such as generating plants
and sources, electrical switching facilities and stations or substations, power
generation battery storage facilities, data centers, water and sewer
operations, including water and wastewater treatment plants, or ground
mounted solar energy projects that are one-quarter (0.25) acre or greater,
and similar facilities. Included in this definition are also electric, gas, and
other utility transmission lines of a regional nature which are not otherwise
reviewed and approved by the Virginia State Corporation Commission. Also
included in this definition are other facilities necessary for the provision and
maintenance of such utilities, to include equipment/laydown yards and
office buildings.
Public Utility Service, minor. Service which is necessary to support
development within the immediate vicinity and involves only minor
structures. Included in this use are small facilities such as transformers,
relay and booster devices, well, water, sewer pump stations, ground
mounted solar energy projects that are less than one-quarter (0.25) acre, and
similar facilities.
Solar Energy Projects . A single device, or an assemblage of devices used and
designed to use sunlight to generate electrical or mechanical power or
designed for liquid transfer of solar-generated heat to use within buildings.
Devices in solar energy projects may include solar modules, inverters,
transformers, transmission facilities, supporting systems and any and all
components necessary for the generation, transmission, and
interconnection and monitoring of the power or liquid heat thereby
generated.
Solar Energy Project, Ground mounted. A solar energy project consisting of
solar array held in place by rack(s) that are attached to the ground based
mounting support(s). Ground mounted projects include pole mounted
projects which are driven directly into the ground or embedded in concrete;
foundation mounts, such as concrete slabs, or poured footings; and
ballasted footing mounts, such as concrete or steel bases that use weight to
secure that solar module system in position and do not require ground
penetration.

Deleted: new

Deleted: Public and private water and sewer
systems are excluded from this definition.

Deleted: Water and sanitary services and their
facilities owned and operated by the county, towns,
and/or public authorities.
Deleted: – Add Definitio
Deleted: n
Deleted: ¶
Deleted: Means a
Formatted: Not Highlight
Formatted: No underline

Page 50 of 72

302.191E

Solar open area(s). The area between the panel zone area and the perimeter
security fence, not to include the stormwater facilities.

Deleted: ¶

Page 51 of 72

COUNTY OF ROCKBRIDGE LAND DEVELOPMENT REGULATIONS
PROPSOED ZONING TEXT ADMENDMENTS – USES
December 11, 2025
601.00

CONSERVATION DISTRICT - C-1

601.01

Statement of Intent. This District covers portions of the County which are
occupied by various open uses, such as National Forests and Parks, State-owned
forest and park lands, and local government-owned lands. This District is
established for the specific purpose of providing recreation and open space uses,
conservation of water and other natural resources, reducing soil erosion,
protecting watersheds, and reducing hazards from flood and fire. It is the intent of
this Article that no private dump or landfill be allowed in the C-1 Conservation
District.

601.02

Permitted Uses. Within the Conservation District C-1, the following uses are
permitted:

601.02-1

Wildlife areas or game refuges.

601.02-2

Flood control and watershed structures.

601.02-3

Parks and recreation or educational areas.

601.02-4

Water supply buildings, reservoirs, wells, elevated tanks, and similar essential
public utility and service structures.

601.02-5

Public service or storage buildings.

601.02-6

(deleted 8/4/92).

601.02-7

Nursery or tree farms.

601.02-8

Fish hatcheries.

601.02-9

Cemeteries.

601.02-10

Timber production, forests.

601.02-11

Public Utility Service, minor

601.03

A return of public lands by sale or trade into private ownership shall cause such
lands to revert to the zoning of the surrounding district.

601.04

Abandoned highway rights-of-ways revert to the zoning of the adjacent land.

Page 52 of 72

601.05

Special Exceptions. In Conservation District C-1, special exceptions may be
granted for one (1) or more of the following uses:

601.05-1

Campground.

601.05-2

Private seasonal camp.

601.05-3

Public Utility Service, major

602.00

AGRICULTURAL AND LIMITED USES DISTRICT - A-1

602.01

Statement of Intent. The Agricultural and Limited Uses District (A-1) is created
in Rural Planning Areas to protect and maintain important agricultural and
forestry lands, mountain areas, natural and scenic resources, critical watersheds,
sensitive environmental areas, and other large tracts of land of rural character
within the County in accordance with goals of the Comprehensive Plan. It is the
intent of this District to promulgate existing farm and forestry operations,
conserve natural features and vegetation, protect wildlife habitat, promote new
agricultural and forestry production, and encourage the conservation and
maintenance of sensitive environmental areas.
Residential land uses which are not related to and supportive of active agricultural
and forestry activities are not encouraged within the A-1 District. Such
development would be better located in a designated Growth Area or a Village
Residential area as designated on the Future Land Use Map of the adopted
Comprehensive Plan. Pursuant to its adopted goals for new development, it is the
intent of the County to concentrate its efforts to provide services and
infrastructure within the designated Growth Areas. Conversely, individual
residences, subdivisions and other uses in the Rural Planning Areas will receive a
lower level of public service delivery than what would be provided to
development located within the designated Growth Areas and Rural Village
Areas.
(Sec. 602.01 Amended by Ord. of 5-27-08)

602.01-1

Minimum Lot Size and Density. In this District, the minimum lot size shall be
two (2) acres. Density shall be subject to the sliding scale described in Section
701.05 and Table 4.
(Sec. 602.01-1 Added by Ord. of 5-27-08)

602.02

Permitted Uses. In the A-1 District, structures to be erected or land to be used,
shall be for one (1) or more of the following uses:

602.02-1

Agriculture to include livestock confinement systems and forestry.

Page 53 of 72

602.02-2

Commercial plant nurseries and greenhouses.

602.02-3

Single-family dwellings.

602.02-4

Reserved. (Sec. 602.02-4 Deleted by Ord. of 2-12-24)

602.02-5

Hunt clubs.

602.02-6

Churches and cemeteries.

602.02-7

Cottage industries and home occupations.

602.02-8

Public service or public storage buildings.

602.02-9

Bed and breakfast home stay, bed and breakfast inn, tourist home.
(Sec. 602.02-9 Amended by Ord. of 6-25-18)

602.02-10

Manufactured homes as provided in Article 7.

602.02-11

Signs as provided in Article 7.

602.02-12

Accessory uses as defined in Article 3.
(Sec. 602.02 (Permitted Uses) Amended by Ord. of 5-27-08)

602.02-13

Public Utility Service, minor

602.03

Special Exceptions. In the A-1 District, Special Exception Use Permits may
be granted for one (1) or more of the following uses:

602.03-1

Commercial horse show grounds.

602.03-2

Campground, private seasonal camp.

602.03-3

Country Inn.

602.03-4

Lodge or resort.

602.03-5

Mining.

602.03-6

Commercial sawmills.

602.03-7

Public Utilities as defined.
(Sec. 602.03-7 Amended by Ord. of 10-27-14)

602.03-8

Telecommunication facilities and wireless facilities.

Page 54 of 72

602.03-9

Television and radio transmitting antennae.

602.03-10

Shooting clubs/ranges.
(Sec. 602.03-10 Amended by Ord. of 5-29-07)

602.03-11

Parks and playgrounds.
(Sec. 602.03 (Special Exceptions) Amended by Ord. of 5-27-08)

602.03-12

Wind Energy Systems and Micro Wind Systems per requirements in Section
715.00 of these Regulations.
(Sec. 602.03-12 Added by Ord. of 11-24-08)

602.03-13

Special Events.
(Sec. 602.03-13 Added by Ord. of 5-27-14)

602.03-14

Wood Yards, subject to the provisions set forth in Section 716.01 of these
Regulations.
(Sec. 602.03-14 Added by Ord. of 12-13-21)

602.03-15

Public Utility Service, major

603.00

AGRICULTURAL AND GENERAL USES DISTRICT - A-2

603.01

Statement of Intent. The Agricultural and General Uses District (A-2) is created
in Rural Planning Areas to protect and maintain important agricultural and
forestry lands, natural and scenic resources, critical watersheds, sensitive
environmental areas, and other large tracts of land of rural character within the
County in accordance with goals of the Comprehensive Plan. It is the intent of
this District to promulgate existing farm and forestry operations, conserve natural
features and vegetation, protect river frontages and river basins, promote new
agricultural and forestry production, and encourage the conservation and
maintenance of sensitive environmental areas.
Residential land uses which are not related to and supportive of active agricultural
and forestry activities are not encouraged within the A-2 District. Such
development would be better located in a designated Growth Area or a Village
Residential area as designated on the Future Land Use Map of the adopted
Comprehensive Plan. Pursuant to its adopted goals for new development, it is the
intent of the County to concentrate its efforts to provide services and
infrastructure within the designated Growth Areas. Conversely, individual
residences, subdivisions and other uses in the Rural Planning Areas will receive a
lower level of public service delivery than what would be provided to
development located within the designated Growth Areas and Rural Village
Areas.
(Sec. 603.01 Amended by Ord. of 5-27-08)

Page 55 of 72

603.01-1

Minimum Lot Size and Density. In this District, the minimum lot size shall be
two (2) acres. Density shall be subject to the sliding scale described in Section
701.05 and Table 4.
(Sec. 603.01-1 Added by Ord. of 5-27-08)

603.02

Permitted Uses. In the A-2 District, structures to be erected or land to be used,
shall be for one (1) or more of the following uses:

603.02-1

Agriculture to include livestock confinement systems and forestry.

603.02-2

Commercial plant nurseries and greenhouses.

603.02-3

Single-family dwellings.

603.02-4

Schools, public.

603.02-5

Reserved. (Sec. 603.02-5 Deleted by Ord. of 2-12-24)

603.02-6

Churches and cemeteries.

603.02-7

Cottage industries and home occupations.

603.02-8

Hunting clubs.

603.02-9

Horse show grounds and riding rings.

603.02-10

Public service or public storage buildings.

603.02-11

Bed and breakfast home stay, bed and breakfast inn, tourist home.
(Sec. 603.02-11 Amended by Ord. of 6-25-18)

603.02-12

Manufactured homes as provided in Article 7.

603.02-13

Accessory uses as defined, however, garages or other accessory structures, such
as carports, porches, and stoops, attached to the main buildings shall be
considered part of the main building. No accessory building may be closer than
five (5) feet to any property line.

603.02-14

Signs as provided in Article 7.
(Sec. 603.02 (Permitted Uses) Amended by Ord. of 5-27-08)

603.02-15

Public Utility Service, minor

603.03

Special Exceptions. In the A-2 District, special exceptions may be issued for
one (1) or more of the following uses:

Page 56 of 72

603.03-1

Lodge or resort, country inn.

603.03-2

Club/lodges.

603.02-3

Golf courses, frisbee golf courses.

603.03-4

Private, non-commercial landing strips, or heliports.

603.03-5

Veterinary hospital, commercial kennels.

603.03-6

Country general stores, antique shops.

603.03-7

Farm machinery repair business.

603.03-8

Livestock auction markets.

603.03-9

Public Utilities as defined.
(Sec. 603.03-9 Amended by Ord. of 10-27-14)

603.03-9`

Public Utility Service, major

603.03-10

Telecommunication facilities and wireless facilities.

603.03-11

Junked storage and automobile graveyards/holding yards/salvage yards.

603.03-12

Television and radio transmitting antennae.

603.03-13

Mining operations.

603.03-14

Commercial sawmills.

603.03-15

Campgrounds and private seasonal camp.

603.03-16

Manufactured Home Park in accordance with special provisions in Article 7.

603.03-17

Zoological Gardens.

603.03-18

Cultural Art Centers.
(Sec. 603.03-18 Amended by Ord. of 1-24-22)

603.03-18A

Cultural Music Centers.
(Sec. 603.03-18A Added by Ord. of 1-24-22)

603.03-19

Shooting clubs/ranges.
(Sec. 603.03-19 (formerly 603.03-20) Amended by Ord. of 5-29-07)

Page 57 of 72

603.03-20

Schools, private.

603.03-21

Parks and playgrounds.
(Sec. 603.03 (Special Exceptions) Amended by Ord. of 5-27-08)

603.03-22

Wind Energy Systems and Micro Wind Systems per requirements in Section
715.00 of these Regulations.
(Sec. 603.03-22 Added by Ord. of 11-24-08)

603.03-23

Licensed preschool/childcare centers.
(Sec. 603.03-23 Added by Ord. of 5-26-09)

603.03-24

Special Events.
(Sec. 603.03-24 Added by Ord. of 5-27-14)

603.03-25

Wood Yards, subject to the provisions set forth in Section 716.01 of these
Regulations.
(Sec. 603.03-25 Added by Ord. of 12-13-21)

603B.00

AGRICULTURAL TRANSITIONAL DISTRICT - A-T

603B.01

Statement of Intent. The Agricultural Transitional District (A-T) is created to
provide a buffer between the more rural and more urban areas of the County. It is
also intended to maintain the current allowable density for development, but may
serve as a transitional zone where rezoning to more intensive districts may be
considered. It is the intent of this District to accommodate development in
selected rural areas which are located in the vicinity of the County’s planned
service areas for public infrastructure and facilities and where existing roads are
adequate to accommodate additional traffic. Commonly accepted “rural by
design” and “smart growth” principles adopted by the Comprehensive Plan should
be employed.
Subdivisions of land must be sensitive to the physical scale and attributes of the
surrounding rural areas. Cluster development is strongly encouraged within the
A-T District. Each A-T cluster development must provide an “open space” parcel
within the development. The subdivision lots must be designed so as to maximize
the utility of the remaining open space tract for a bona fide agricultural, forestal,
recreational, or other open space purpose.

603B.02

Permitted Uses. In the A-T District, structures to be erected or land to be used,
shall be for one (1) or more of the following uses:

603B.02-1

Single-family dwellings.

Page 58 of 72

603B.02-2

Agriculture and forestry.
(Sec. 603B.02-2 Amended by Ord. of 10-14-25)

603B.02-3

Schools, public.

603B.02-4

Reserved. (Sec. 603B.02-4 Deleted by Ord. of 2-12-24)

603B.02-5

Churches and cemeteries.

603B.02-6

Cottage industries and home occupations, as defined.

603B.02-7

Public service or public storage buildings.

603B.02-8

Bed and breakfast homestay, bed and breakfast inn, tourist home.
(Sec. 603B.02-8 Amended by Ord. of 6-25-18)

603B.02-9

Manufactured homes as provided in Article 7.

603B.02-10

Accessory uses as defined, however, garages or other accessory structures, such
as carports, porches, and stoops, attached to the main buildings shall be
considered part of the main building. No accessory building may be closer than
five (5) feet to any property line.

603B.02-11

Signs as provided in Article 7.

603B.02-11

Public Utility Service, minor

603B.03

Special Exceptions. In the A-T District, special exceptions may be issued for
one (1) or more of the following uses:

603B.03-1

Country general stores, antique shops.

603B.03-2

Commercial plant nurseries and greenhouses.

603B.03-3

Commercial horse show grounds and riding rings.

603B.03-4

Veterinary hospital, commercial kennels.

603B.03-5

Golf courses, frisbee golf courses.

603B.03-6

Country inn, lodge or resort.

603B.03-7

Club/lodges.

603B.03-8

Campground, private seasonal camp.

Page 59 of 72

603B.03-9

Manufactured Home Park in accordance with special provisions in Article 7.

603B.03-10

Two-family and multi-family dwellings on public water and sewer only.

603B.03-11

Nursing homes, Continuing Care Retirement Communities.

603B.03-12

Zoological gardens.

603B.03-13

Cultural Art Centers.
(Sec. 603B.03-13 Amended by Ord. of 1-24-22)

603B.03-13A Cultural Music Centers.
(Sec. 603B.03-13A Added by Ord. of 1-24-22)
603B.03-14

Public Utilities as defined.
(Sec. 603B.03-14 Amended by Ord. of 10-27-14)

603B.03-14

Public Utility Service, major

603B.03-15

Television and radio stations and transmitting antennae.

603B.03-16

Telecommunication facilities and wireless facilities.

603B.03-17

Schools, private.

603B.03-18

Parks and playgrounds.
(Sec. 603B.00 Added by Ord. of 5-27-08)

603B.03-19

Wind Energy Systems and Micro Wind Systems per requirements in Section
715.00 of these Regulations.
(Sec. 603B.03-19 Added by Ord. of 11-24-08)

603B.03-20

Special Events.
(Sec. 603B.03-20 Added by Ord. of 5-27-14)

603B.03-21

Licensed preschool/childcare centers
(Sec. 603B.03-21 Added by Ord. of 9-25-23)

603B.03-22

Recreation, indoor.
(Sec. 603B.03-22 Added by Ord. of 2-12-24)

604.00

RESIDENTIAL GENERAL DISTRICT - R-l

604.01

Statement of Intent. This District is composed of certain quiet, low density
residential areas plus certain open areas where similar residential development

Page 60 of 72

appears likely to occur. The regulations for this District are designed to stabilize
and protect the essential characteristics of the District, to promote and encourage
a suitable environment for residences, and to limit activities of a commercial
nature. Uses related to nonresidential development should be designed to increase
the vitality and attractiveness of this District as a living environment. To these
ends, development is limited to relatively low concentration and permitted uses
are limited basically to dwellings providing homes for the residents plus certain
additional uses, such as schools, parks, churches, golf courses, country clubs, and
certain public facilities that serve the residents of the District. It is the intent of
this Article that no private dump or landfill be allowed in the R-l Residential
General District.
(Sec. 604.01 Amended by Ord. of 5-27-08; Sec. 604.01 Amended by Ord. of 1026-20)
604.02

Permitted Uses. In the R-1 District, structures to be erected or land to be used,
shall be for one (1) or more of the following uses:

604.02-1

Single-family dwellings.

604.02.2

Two-family dwellings.

604.02-3

Schools, public.

604.02-4

Churches and cemeteries.

604.02-5

Reserved. (Sec. 604.02-5 Deleted by Ord. of 2-12-24)

604.02-6

Home occupations as defined conducted by occupant.

604.02-7

Accessory buildings as defined, however, garages or other accessory buildings,
such as carports, porches, and stoops attached to the main building shall be
considered part of the main building. No accessory building may be closer than
five (5) feet to any property line.

604.02-8

Reserved. (Sec. 604.02-8 Deleted by Ord. of 10-27-14)

604.02-9

Signs as provided in Article 7.

604.02-10

Manufactured homes nineteen (19) feet or greater as provided in Article 7.
(Sec. 604.02 (Permitted Uses) Amended by Ord. of 5-27-08)

604.02-11

Public Utility Service, minor

604.03

Special Exceptions. In the R-l District, special exceptions may be issued for
the following uses:

Page 61 of 72

604.03-1

Bed and breakfast homestay.

604.03-2

Nursing home, Continuing Care Retirement Community.

604.03-3

Public Utilities as defined, but not to include office complexes and equipment
yards, power plants, substations, data centers, and water and wastewater treatment
plants.
(Sec. 604.03-3 Amended by Ord. of 10-27-14)

604.03-4

Schools, private.

604.03-5

Parks and Playgrounds.
(Sec. 604.03 (Special Exceptions) Amended by Ord. of 5-27-08)

604.03-6

Wind Energy Systems and Micro Wind Systems per requirements in Section
715.00 of these Regulations.
(Sec. 604.03-6 Added by Ord. of 11-24-08)

604.03-7

Golf Courses.
(Sec. 604.03-7 Added by Ord. of 10-26-20)

604.03-8

Country Clubs.
(Sec. 604.03-8 Added by Ord. of 10-26-20)

604B.00

RESIDENTIAL MIXED DISTRICT - R-2

604B.01

Statement of Intent. This District is created to allow for higher density residential
uses and multi-family development in areas proposed for growth and supported
by public water and sewer. Close proximity to commercial services is desirable to
encourage pedestrian access and reduce auto dependence, thus, pedestrian and
other non-motorized accesses are to be encouraged wherever appropriate. The
regulations for this District are designed to stabilize and protect the essential
characteristics of the District, to promote and encourage a suitable environment
for residences, and to prohibit all activities of a commercial nature. Development
is allowed at a higher density than General Residential, but permitted uses are
limited basically to single and multi-family dwellings providing homes for the
residents plus certain additional uses, such as schools, parks, churches, and certain
public facilities that serve the residents of the District. It is the intent of this
Article that no private dump or landfill be allowed in the R-2 Residential Mixed
District.

604B.02

Permitted Uses:

604B.02-1

Single-family dwellings.

Page 62 of 72

604B.02-2

Two-family dwellings.

604B.02-3

Multi-family dwellings, apartments, condominiums, and cooperatives.

604B.02-4

Townhouses meeting the requirements in Article 7.

604B.02-5

Schools, public.

604B.02-6

Churches and cemeteries.

604B.02-7

Reserved. (Sec. 604B.02-7 Deleted by Ord. of 2-12-24)

604B.02-8

Home occupations as defined and conducted by occupant.

604B.02-9

Accessory buildings as defined, however, garages or other accessory buildings,
such as carports, porches, and stoops attached to the main building shall be
considered part of the main building. No accessory building may be closer than
five (5) feet to any property line.

604B.02-10

Reserved. (Sec. 604B.02-10 Deleted by Ord. of 10-27-14)

604B.02-11

Signs as provided in Article 7.

604B.02-12

Manufactured homes nineteen (19) feet or greater in width as provided in Article
7.

604B.02-13

Public Utility Service, minor

604B.03

Special Exceptions. In Residential Mixed R-2, special exceptions may be
issued for the following uses:

604B.03-1

Bed and breakfast homestay.

604B.03-2

Nursing home, Continuing Care Retirement Community.

604B.03-3

Public Utilities as defined, but not to include office complexes and equipment
yards, power plants, substations, data centers, and water and wastewater treatment
plants.
(Sec. 604B.03-3 Amended by Ord. of 10-27-14)

604B.03-4

Schools, private.

604B.03-5

Parks and playgrounds.
(Sec. 604B.00 Added by Ord. of 4-14-08)

Page 63 of 72

604B.03-6

Wind Energy Systems and Micro Wind Systems per requirements in Section
715.00 of these Regulations.
(Sec. 604B.03-6 Added by Ord. of 11-24-08)

605.00

GENERAL BUSINESS DISTRICT - B-l

605.01

Statement of Intent. Generally, this District covers that portion 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 incidental light and noise of congregation of
people and passenger vehicles. This includes such uses as retail stores, banks,
theaters, business offices, newspaper offices, printing presses, restaurants and
taverns, and garages and service stations. It is the intent of this Article that no
private dump or landfill be allowed in the B-l General Business District.

605.02

Permitted Uses. Within the General Business District B-l, the following uses are
permitted:

605.02-1

Department stores, variety stores, specialty shops, discount shops, and appliance
stores.

605.02-2

Bakeries and canneries.

605.02-3

Laundries, dry cleaning shops and clothes dyeing establishments.

605.02-4

One (1) or two (2) family dwellings meeting the area and setback requirements of
the R-2 District if public water and sewer are available or the R-1 District if on a
private drainfield and well or public water.
(Sec. 605.02-4 Amended by Ord. of 2-23-09)

605.02-5

Retail business or service establishments such as grocery, fruit, or vegetable
stores, drug stores, barber and beauty and other personal service shops, hardware
stores, clothing stores, liquor stores, florists, and food lockers.

605.02-6

Theaters, assembly halls, playhouses and dinner theaters.

605.02-7

Hotels and motels.

605.02-8

Banks and loan and finance offices, including drive-in types.

605.02-9

Churches and other places of worship, church school buildings, and cemeteries.

605.02-10

Libraries.

Page 64 of 72

605.02-11

Hospitals, general.

605.02-12

Funeral home and/or mortuary.

605.02-13

Automobile service stations and garages (with major repair under cover).

605.02-14

Clubs and lodges.

605.02-15

Automobile sales.

605.02-16

Lumber and building supply (with storage under cover).

605.02-17

Plumbing and electrical supply (with storage under cover).

605.02-18

Carpenter, electrical, plumbing, heating, welding sheet metal, appliance, bicycle,
watch and shoe repair, painting, publishing, lithographing, upholstering, gunsmith
or similar shops provided that any use shall be conducted within a completely
enclosed building and provided that no part of a building for such use shall have
any opening other than stationary windows or required fire exits within one
hundred (100) feet of any residential district.

605.02-19

Reserved. (Sec. 605.02-19 Deleted by Ord. of 10-27-14)

605.02-20

Restaurants, cafes, dairy product stores and soda fountains, and drive-in eating
and refreshment establishments.

605.02-21

Newspaper offices and printing shops.

605.02-22

Business and professional offices.

605.02-23

Greenhouses.

605.02-24

Police, fire, and rescue squad stations.

605.02-25

Post offices.

605.02-26

Veterinary clinics, kennels and animal hospitals provided that any structure or
premise used for such purposes shall be distant at least two hundred (200) feet
from any residential district.

605.02-27

Swimming pools, skating rinks, golf driving ranges, miniature golf courses, riding
academies, livery stables, amusement parks, or similar recreational use or facility,
if located at least two hundred (200) feet from any residential district.

605.02-28

Bus stations and taxi stands.

Page 65 of 72

605.02-29

Radio and television broadcasting studios.

605.02-30

Public buildings and properties of a cultural, administrative, or service type.

605.02-31

Reserved. (Sec. 605.02-31 Deleted by Ord. of 2-23-09)

605.02-32

Parking garages and parking lots.

605.02-33

Business and vocational schools.

605.02-34

Off-street parking as required by this Ordinance.

605.02-35

Signs as provided in Article 7, to include Electronic Fuel Pricing Signs.
(Sec. 605.02-35 Amended by Ord. of 11-25-13)

605.02-36

Museums.

605.02-37

Bowling alleys.

605.02-38

Bed and breakfast homestay, bed and breakfast inn, tourist home, and country inn.
(Sec. 605.02-38 Amended by Ord. of 6-25-18)

605.02-39

Nursing home.

605.02-40

Recreational vehicles and manufactured homes sales.

605.02-41

(deleted 6/26/95)

605.02-42

Child Care Centers.

605.02-43

(deleted 1/22/2007)

605.02-44

Propane storage and distribution station five hundred (500) gallons or less.
(Sec. 605.02-44 Added by Ord. of 7-26-10)

605.02-45

Cultural Art Centers.
(Sec. 605.02-45 Added by Ord. of 1-24-22)

605.02-46

Cultural Music Centers.
(Sec. 605.02-46 Added by Ord. of 1-24-22)

605.02-47

Upper and/or lower (basement) story apartments/condominiums; provided, at
minimum, ninety percent (90%) of street level is in business use.
(Sec. 605.02-47 Added by Ord. of 3-27-23)

605.02-48

Recreation, indoor.

Page 66 of 72

(Sec. 605.02-48 Added by Ord. of 2-12-24)
605.02-49

Car Wash.
(Sec. 605.02-49 Added by Ord. of 3-11-24)

605-02-50

Public Utility Service, minor

605.03

Special Exceptions. In General Business, special exceptions may be granted
for one (1) or more of the following uses:

605.03-1

Wholesale, processing and light manufacturing not objectionable because of dust,
noise, or odors.

605.03-2

Public billiard parlors and pool rooms, dance halls, and similar forms of public
amusement.

605.03-3

Television and radio transmitting antennae.

605.03-4

Athletic fields, stadiums, and arenas.

605.03-5

Beverage manufacturing, bottling or distribution stations and food processing,
packaging, or distribution stations.
(Sec. 605.03-5 Amended by Ord. of 10-24-16)

605.03-6

Circuses, carnivals, fairs, and sideshows.

605.03-7

Drive-in theaters provided that the screen shall be located as not to be visible from
adjacent streets or highways and it shall be set back not less than two hundred
(200) feet from the established right-of-way of said street or highway.
(Sec. 605.03-7 Amended by Ord. of 10-24-16)

605.03-8

Livestock market and sales pavilions.

605.03-9

(deleted 8/4/92)

605.03-10

Public Utilities as defined.
(Sec. 605.03-10 Amended by Ord. of 10-27-14)

605.03-10

Public Utility Service, major

605.03-11

Shooting range, indoor.
(Sec. 605.03-11 Amended by Ord. of 5-29-07)

605.03-12

Wholesale business, storage or warehouse.
(Sec. 605.03-12 Amended by Ord. of 10-24-16)

Page 67 of 72

605.03-13

Manufactured home in accordance with the special provisions in Article 7.

605.03-14

Campground.

605.03-15

Private seasonal camp.

605.03-16

Junkyards/automobile graveyards/holding yards/salvage yards.

605.03-17

Propane storage facility greater than five hundred (500) gallons.
(Sec. 605.03-17 Amended by Ord. of 7-26-10)

605.03-18

Truck stops, truck terminals, truck relay stations.

605.03-19

Zoological Gardens.

605.03-20

Increase in building height up to seventy-five (75) feet for architectural purposes,
not to increase habitable floor space beyond five (5) stories or for advertising
purposes.
(Sec. 605.03-20 Amended by Ord. of 7-22-19)

605.03-21

Helipad/Heliport.

605.03-22

Telecommunication facilities and wireless facilities.

605.03-23

Wind Energy Systems and Micro Wind Systems per requirements in Section
715.00 of these Regulations.
(Sec. 605.03-23 Added by Ord. of 11-24-08)

605.03-24

Reserved. (Sec. 605.03-24 Deleted by Ord. of 3-27-23)

605.03-25

Contractors’ equipment storage yards and/or associated shop/office.
(Sec. 605.03-25 Added by Ord. of 9-23-13)

605.03-26

Auction Facilities.
(Sec. 605.03-26 Added by Ord. of 6-27-22)

605.03-27

Schools, private.
(Sec. 605.03-27 Added by Ord. of 4-14-25)

605.04

Requirements for Permitted Uses in General Business District B-l:

605.04-1

Final grading and site finishing are required on the parcel where uses are
permitted in this District. The execution of this requirement must take into
consideration traffic hazards. Landscaping will be restricted to a height of three
(3) feet within fifty (50) feet of the intersection of two (2) roads.

Page 68 of 72

606.00

PLANNED BUSINESS DISTRICT - B-2

606.01

Statement of Intent. This District is intended to promote more suitable land use
through improved levels of amenities; more appropriate and harmonious physical
development and a better environment than generally realized through
conventional Business District regulation. Within this District, the location of
buildings, parking areas, and other open spaces shall be controlled so as not to be
detrimental to adjoining properties or to the area in general.

606.02

Permitted Uses. Within the Planned Business District, all uses permitted in the
General Business District (B-1) shall be permitted by special exception. See
Section 802.03 for administrative process.

606.02-1

In addition to the requirements of Section 802.03, the following information shall
be required at the time of application:

606.03

1

(1)

A plot plan indicating the location of present and proposed buildings,
driveways, parking lots, signs, landscaping, and other necessary uses.

(2)

Preliminary plans for the proposed building or buildings.

(3)

A description of the business operations proposed in sufficient detail to
indicate the effects of those operations in producing safety hazards,
problems of noise, fire, or other factors that may be detrimental to the
health and welfare of the area.

(4)

Engineering or architectural plans for the handling of any of the problems
of the type outlined in paragraph (3) above, including the handling of
storm water and sewers and necessary plans for the controlling of smoke
or any other nuisances.

(5)

Any other information the Planning Commission or Board of Supervisors
needs to adequately consider the effect that the proposed uses may have
upon the area, and/or the cost of providing municipal services to the area.1

Area Regulations. In this District, the area regulations, maximum lot coverage,
height regulations, and off-street parking shall comply with the requirements of
the B-1 District. The Board of Supervisors may modify these requirements after
review of the proposed development plan.

[September 2014] The above Subsections have been renumbered (1)-(5), formerly (a)-(e), for numbering
consistency in the Land Development Regulations and any references to these Subsections throughout these
Regulations and/or the Rockbridge County Code have been referenced accordingly.

Page 69 of 72

606.03-1

There shall be a forty (40) foot setback from the front property line to the
improvements and a twenty-five (25) foot setback from all adjoining property to
the improvements. This twenty-five (25) foot setback shall act as a buffer. At
least ten (10) feet of its width shall be landscaped and maintained with grass,
trees, or shrubs. The remaining fifteen (15) foot width can also be maintained as
above or can be utilized as part of the parking area, or simply left as open space,
but no building or signs, or other structural improvements shall be erected upon it.
The buffer zone shall not constitute a site-distance obstruction at street
intersections. The buffer zone, upon completion of the development of the
project, shall be at or near the same grade or plane which existed prior to the
development of the project, unless otherwise expressly reviewed and approved by
the Planning Commission and the Board of Supervisors. The restrictions
pertaining to the buffer zone shall not apply to that portion of the lot fronting on a
public street or highway.

606.04

Signs.

606.04-1

All Regulations of Article 7, Section 706.00 shall serve as standards for this
District. The Board of Supervisors may modify these requirements after review
of the proposed development plan.

607.00

GENERAL INDUSTRIAL DISTRICT - I-1

607.01

Statement of Intent. The primary purpose of this District is to establish an area
where the primary use of land is for industrial operations, which may create some
nuisance, and which are not properly associated with, nor particularly compatible
with residential, institutional, and commercial service establishments. The
specific intent of this District is to:
(1)

Encourage the construction of and the continued use of land for industrial
purposes.

(2)

Prohibit new residential and new commercial use of the land and to
prohibit any other use which would substantially interfere with the
development, continuation, or expansion of industrial type uses in the
District.

(3)

Encourage the discontinuance of existing uses that would not be permitted
as new uses under the provisions of this Ordinance.

(4)

Encourage industrial parks.

Page 70 of 72

It is the intent of this Article that no private dump or landfill be allowed in the I-l
General Industrial District.2
607.02

Permitted Uses. Within the General Industrial District I-l, the following uses are
permitted:

607.02-1

Assembly of electrical appliances, electronic instruments and devices, radios, and
phonographs. Also the manufacture of small parts, such as coils, condensers,
transformers, and crystal holders.

607.02-2

Motor vehicle assembling, painting, upholstering, repairing, rebuilding,
reconditioning, body and fender work, truck repairing or overhauling, tire
retreading or recapping, or battery manufacture.

607.02-3

Blacksmith shop, welding or machine shop, excluding punch presses exceeding
forty (40) ton rated capacity and drop hammers.

607.02-4

Laboratories-pharmaceutical and/or medical.

607.02-5

Manufacture, compounding, processing packaging or treatment of such products
as bakery goods, candy, cosmetics, dairy products, drugs, perfumes,
pharmaceuticals, perfumed toilet soap, toiletries, and food products.

607.02-6

Manufacture, compounding, assembling or treatment of articles of merchandise
from the following previously prepared materials: bone, cellophane, canvas, cloth,
cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastic, precious or
semi-precious metals or stones, shell, straw, textiles, tobacco, wood, yarn, and
paint.

607.02-7

Manufacture of pottery and figurines or other similar ceramic products, using only
previously pulverized clay, and kilns fired only by electricity or gas.

607.02-8

Manufacture of musical instruments, toys, novelties, and rubber and metal stamps.

607.02-9

Building material sales yards, plumbing supplies storage.

607.02-10

Coal yards, lumber yards, feed and seed stores.
(Sec. 607.02-10 Amended by Ord. of 12-13-21)

607.02-11

Contractors’ equipment storage yards or plants, or rental of equipment commonly
used by contractors.

2

[September 2014] The above Subsections have been renumbered (1)-(4), formerly (a)-(d), for numbering
consistency in the Land Development Regulations and any references to these Subsections throughout these
Regulations and/or the Rockbridge County Code have been referenced accordingly.

Page 71 of 72

607.02-12

Cabinets, furniture and upholstery shops.

607.02-13

Boat building.

607.02-14

Monumental stone works.

607.02-15

Wholesale businesses, storage warehouses.

607.02-16

Sawmills and planing mills.

607.02-17

Brick manufacture.

607.02-18

Off-street parking as required by this Ordinance.

607.02-19

Public Utilities as defined;
(Sec. 607.02-19 Amended by Ord. of 10-27-14)

607.02-19

Public Utility Service, minor and major

607.02-20

Signs as provided in Article 7, to include Electronic Fuel Pricing Signs.
(Sec. 607.02-20 Amended by Ord. of 11-25-13)

607.02-21

Truck stops, truck terminals, truck relay stations.

607.02-22

Public service or storage buildings.

607.02-23

Slaughterhouse and animal product processing plant meeting current USDA
requirements with accessory retail.
(Sec. 607.02-23 Added by Ord. of 8-23-10)

607.02-24

Wood Yards, subject to the provisions set forth in Section 716.01 of these
Regulations.
(Sec. 607.02-24 Added by Ord. of 12-13-21)

607.02-25

Train Station and/or Train Depot.
(Sec. 607.02-25 Added by Ord. of 7-24-23)

607.03

Special Exceptions. In General Industrial I-1, special exceptions may be
granted for one (1) or more of the following uses:

607.03-1

Manufacture, production, or processing of aluminum.

607.03-2

Airports.

607.03-3

(deleted 7/22/91)

Page 72 of 72

607.03-4

Sand and gravel operations.

607.03-5

Mining operations.

607.03-6

Petroleum storage, Propane and Butane distribution facilities.
(Sec. 607.03-6 Amended by Ord. of 11-25-13)

607.03-7

Junk storage and automobile graveyards/holding yards/salvage yards.

607.03-8

Manufacture, production, or processing of asphalt and concrete.

607.03-9

Television and radio stations and transmitting antennae.

607.03-10

Child Care Centers.

607.03-11

Telecommunication facilities and wireless facilities.

607.03-12

Wind Energy Systems and Micro Wind Systems per requirements in Section
715.00 of these Regulations.
(Sec. 607.03-12 Added by Ord. of 11-24-08)

607.03-13

Food Education and Processing Center where classes and demonstrations in
gardening, greenhouse operations, food safety and food preparation are
conducted. Additionally, items such as meats, fish, fruits, vegetables, or specialty
products such as puddings, gravies, jams and sauces are packed and sealed or
processed for the producer and for distribution to the general public through both
wholesale and retail sales.
(Sec. 607.03-13 Added by Ord. of 4-25-11)

607.04

Requirements for Permitted Uses in General Industrial District I-1:

607.04-1

Before a Building Permit shall be issued or construction commenced on any
permitted use in this District or a permit issued for a new use, the plans, in
sufficient detail to show the operations and processes, shall be submitted to the
Zoning Administrator for study. The Administrator may refer these plans to the
Planning Commission for recommendation. Modifications of the plans may be
required.

607.04-2

Final grading and site finishing are required on parcels where uses are permitted
in this District. The execution of this requirement must take into consideration
traffic hazards. Landscaping will be restricted to a height of three (3) feet within
fifty (50) feet of the intersection of two (2) roads.

Outcome

Not yet recorded. The record stays open — outcomes are added as minutes and vote results are published.

Provenance

Where this record came from. Every source is listed, permanently.

  • Agenda Watch · Aug 16, 2026

Permanent ID DKT-2026-000835 — this record is never deleted.

Record history

Every change to this record, logged as it happened.

  • Aug 16, 2026 Filed on the Docket
  • Aug 16, 2026 Full document archived — public record

← The full Docket · every meeting, vote, and action on the permanent record · also in the National Record Index.