§ 98-745. Specific use conditions.

(a)

Restrictions on any conditional use including those for which specific provision is made in this chapter may include, but need not be limited to, the following:

(1)

Hours of operation.

(2)

Access to and from the subject property.

(3)

Protection of surface water and groundwater.

(4)

Lighting of the site, including the intensity and shielding so as to not adversely affect adjacent or nearby property owners.

(5)

Adequate sewer and water supply.

(6)

Sound limitations as needed to ensure peaceful enjoyment of neighboring property.

(7)

Location, size, height, design of buildings, walls, fences, landscaping and buffer yards.

(8)

Covenants and/or homeowners associations for maintenance of applicable restrictions.

(9)

Timing or phasing of development.

(10)

Type and placement of utilities, including underground placements.

(11)

Controls for smoke, dust and odors.

(12)

Requirements for performance guarantees ensuring that all conditions are met and plans are implemented.

(13)

Any other conditions deemed necessary to protect the health, safety and general welfare of the public.

(b)

The following conditional uses in addition to any other conditions or restrictions that may be imposed shall comply with the specific requirements set forth in this section. In addition to the following specific conditions, the planning commission may recommend, and the board of supervisors may adopt, any additional conditions or modifications to the enumerated conditions it deems necessary to ensure the compatibility of conditional uses with surrounding uses, promote the county comprehensive plan, and protect the health, safety and general welfare of the public.

(1)

Airports and helipads.

a.

All airports and helipads shall be designed in accordance with Federal Aviation Administration rules and regulations.

b.

All approvals must be obtained from the board of supervisors.

(2)

Antique shops in A-1 zones.

a.

There shall be no outdoor display or storage of goods or merchandise.

b.

Any building so used shall be the residence of the proprietor or an accessory structure thereto. Additionally, an accessory structure shall not exceed one percent of the size of the parcel, and in no case shall the structure exceed 5,000 square feet.

c.

Employees shall be limited to residents of the dwelling.

d.

Signs shall be limited to no more than two, and shall be two square feet or less in size.

e.

Parking shall comply with section 98-903.

f.

Site plans in accordance with article XXII of this chapter, site plans, shall be required.

g.

Other conditions may be added to the conditional use permit, if they are deemed to be appropriate by the board of supervisors.

(3)

Cemeteries.

a.

Unless associated with and on the same property as a church, synagogue or other place of worship, a cemetery must be at least 20 acres in size.

b.

Cemeteries shall only be located in those areas which have favorable soil and water characteristics as identified by an inspection of the soil by an engineer or soil scientist.

c.

No permit shall be issued until all state and local health department approvals have been obtained.

d.

A plotting plan of the proposed burial sites and a traffic circulation and parking plan in the cemetery shall be submitted for approval.

e.

No interment plot shall be located within 50 feet of any public right-of-way.

f.

Rights-of-way throughout the cemetery shall be at least 20 feet in width.

g.

Cemeteries shall not be located in residential zoning districts unless they share the site with a church, synagogue or other place of worship.

h.

Any organization or entity other than an established church shall submit evidence which demonstrates that the cemetery will be maintained ad infinitum.

i.

For private family cemeteries for use of the property owners only, the conditions set forth in subsections (b)(5)b, c, e, f and g of this section are the only requirements which must be met.

(4)

Construction business with storage of equipment and maintenance as a home occupation on agriculturally zoned property.

a.

All structures associated with the use shall meet frontage setbacks, side yard, rear yard and height provisions of the A-1, agricultural district.

b.

Operation must be conducted as a home occupation.

(5)

Equestrian show facilities.

a.

A site plan prepared in accordance with article XXII of this chapter, site plans, shall be required. Particular attention will be paid to the traffic and parking, noise, dust, refuse and lighting controls.

b.

Parking and traffic safety plan approved by sheriff's department and department of public safety.

c.

State department of health approval is required for all food service, toilet facilities, sewage disposal facilities and water supply facilities.

d.

Fire protection and medical facilities plan approval by the department of public safety and the sheriff's department.

e.

For events at which more than 150 people will be in attendance, an outdoor gathering permit as required by chapter 6, article II of this Code, cultural events and programs, will be required.

f.

No billboards or signs are permitted on the riding rings, bleachers; stables tack rooms, or veterinary/medical facilities.

g.

If alcohol is to be served, the operator must submit a copy of the alcoholic beverage control permit to the county 90 days in advance of the event.

h.

Other conditions may be added to the conditional use permit if they are deemed appropriate by the board of supervisors.

(6)

Group care facility.

a.

Each individual structure shall house no more than ten persons.

b.

Businesses which are agricultural or handicraft in nature and which are conducted for the sole benefit of the residents or other users of the group care facility may be established on the premises of the facility, if such businesses are part of an organized program of rehabilitation or therapy for the residents or other users. Such businesses shall be in addition to those otherwise allowed in the zoning district.

c.

Any such use shall meet all other requirements of this chapter and all regulations of the appropriate governing state, federal and local agencies.

(7)

Horse racing facility.

a.

All information required for a site plan review permit under section 98-862.

b.

An archeological and historic site survey.

c.

Traffic impact study and approval by the state department of transportation.

d.

Stormwater management plan.

e.

Waste stream impact study.

f.

Environmental impact assessment including wetlands identification study and protection plan to include CBPA's.

g.

An economic impact assessment.

h.

Existing topography accurately shown with a maximum of five-foot contour intervals at a scale of not less than 100 feet to the inch. Other interval and/or scale may be required or permitted by the director of planning where topographic considerations warrant.

i.

Floodplain limits which shall be established by current soil survey, U.S. Army Corps of Engineers survey, and/or engineering methods.

j.

Connection to existing and proposed state department of transportation construction and to comprehensive plan proposed thoroughfares when necessary.

k.

A minimum of two data references for elevations to be used on plans and profiles and correlated, where practical, to U.S. Geological Survey data.

l.

Paved state-maintained roads will be provided for the site and all interior roads dedicated for purpose of vehicular access will be built to standards for state-maintained paved roads.

(8)

Mobile home as a storage shed in conjunction with a bona fide agricultural operation.

a.

The mobile home shall not be used for living or sleeping purposes, and all plumbing and kitchen fixtures shall be removed. The mobile home shall only be used for the storage of personal property.

b.

The mobile home shall not be visible from any public road or from any residence not owned by the owner of the storage trailer.

c.

A drawing showing the proposed location of the mobile home including distances from all property lines and the septic tank and drainfield shall be submitted by the applicant and must be approved by the zoning administrator. The zoning administrator may require changes in the drawing which would make the location of the mobile home more harmonious with the neighborhood.

d.

The minimum lot size for any such use shall be 15 acres.

(9)

Paint pellet competitive games.

a.

All activities are conducted within a designated area which is properly marked.

b.

The conditional use permit shall be renewed annually.

(10)

Permanent mobile homes for agricultural use.

a.

The mobile home shall be used for dwelling purposes only.

b.

The minimum parcel size shall be 25 acres for the location and maintenance of a mobile home. The parcel on which the mobile home is located must be in use for agriculture or farming as defined in this chapter.

c.

One such mobile home may be located on the same parcel as the main dwelling, provided that the main dwelling is not also a mobile home.

d.

Only those mobile homes built since June 15, 1976, and constructed in accordance with regulations promulgated by the Department of Housing and Urban Development under the Federal Manufactured Housing Construction and Safety Standards Act and bearing the appropriate seals and labels to certify compliance are permitted. The mobile home must be skirted with a fire-resistant material approved by the code official.

e.

A drawing showing the proposed location of the mobile home, including distances from all property lines and the septic tank and drainfield, shall be submitted by the applicant and must be approved by the zoning administrator. The zoning administrator may require changes in the drawing which would make the location of the mobile home more harmonious with the neighborhood.

(11)

Pistol ranges.

a.

A site plan per article XXII of this chapter, site plans, will be required. This site plan must meet, at a minimum, the requirements found in the National Rifle Association Range Manual for the type of pistol range proposed. A three-sided earth berm will surround the range.

b.

All shooting stations will be designed so they are away from existing residential uses and firearms will be discharged only in a direction away from these existing uses.

c.

Noise abatement barriers equal to the NRA Standard and Guidelines set forth in the NRA Range Manual shall be utilized and shall appear on the site plan.

d.

Direct fire zones extending a minimum of 3,000 yards shall be maintained directly down range. This distance may be reduced only in a manner that meets or exceeds the standards set forth in the NRA Range Manual.

e.

Hours of operation shall be Monday through Saturday from sunrise to sunset or as approved by the board of supervisors. Sunday hours shall be set on a case-by-case basis by the board of supervisors.

f.

A written list of the current range rules shall be created and filed in the department of planning.

g.

A safety plan, meeting at the minimum the safety standards set forth in the NRA Range Manual, shall be created for the pistol range's operation, and it shall be filed in the department of planning.

h.

The current range rules shall be posted in a conspicuous place. The operator of the range will require that each new user sign and date a copy of the range rules, stating that the user agrees to abide by such rules.

i.

Existing religious facilities shall be taken in consideration during site plan review.

j.

All instructors shall be certified by the National Rifle Association, and a copy of their certification shall be kept on file in the department of planning.

k.

A NRA certified instructor shall be present on-site during all hours of operation.

l.

Conditional use permits will be subject to an annual review by the board of supervisors or its agent to ensure compliance with the provisions of this chapter.

m.

If the use is abandoned for a period of 12 consecutive months, the conditional use permit shall lapse, and all spent bullets shall be retrieved from the range.

n.

No automatic weapons may be discharged on the range.

o.

No combat-type ranges shall be permitted.

(12)

Radio, television or communication stations and/or towers which exceed 50 feet in height in the conservation and agricultural zoning districts.

a.

A buffer of evergreen screening (trees or hedging) shall be provided around the entire facility with the exception of any associated office building. A section of fence at least six feet in height shall be provided completely around the base of the tower and any associated equipment.

b.

A site plan of the proposed facility must be submitted to and approved by the zoning administrator. As part of the site plan submittal, the applicant must provide the county with detailed information regarding the proposed facility's location, latitude and longitude, and service area.

c.

The facility shall not interfere with the radio, television or communications reception of nearby property owners in residence at the time of construction. The applicant shall take steps to successfully eliminate any such interference.

d.

All communication towers and other structures shall meet all safety requirements of all applicable building codes.

e.

A communication tower structure shall be set back from any property line a distance equal to 120 percent of the tower height. This set back shall not be required when such tower location is abutting or within the VDOT right-of-way of an interstate highway.

f.

A tower structure shall not be located within 750 feet of an existing residential structure unless the board finds that (1) topographical or similar physical conditions existing on the property make such a set back an undue hardship and (2) the reduction in the set back will not adversely impact the peaceful enjoyment and use of the residential structure by its occupants. Any such reduction in the distance permitted by the board shall not result in a tower structure being erected at a distance nearer than 125 percent of the tower height to any dwelling unit and shall be buffered from view from that dwelling unit.

g.

Verifiable evidence of the lack of antenna space on existing communication towers, buildings or other structures within the county or within two miles of the county boundary (the co-locations), and/or evidence of that the available co-locations as a whole will not provide adequate telecommunications service to the proposed service area. Such evidence shall include propagation studies and an affidavit executed by a radio frequency engineer stating that in its professional opinion the available co-locations are inadequate or otherwise unsuitable for the provision of telecommunications service to the proposed service area.

h.

An engineering report, certifying that the proposed communication tower is compatible for a minimum of four users, must be submitted by the applicant. The applicant shall also permit collocation by additional users without requiring any form of reciprocal location agreement from subsequent users.

i.

Written documentation of compliance with all Federal Aviation Administration and Federal Communications Commission requirements shall be submitted by the applicant.

j.

Unless otherwise allowed under the specific use conditions of a conditional use permit, or as a requirement of the Federal Aviation Administration, all structures shall have a galvanized steel finish. If painting is required by the FAA, written documentation from the FAA requiring such painting must be provided to the county by the applicant. Should the applicant request to construct the tower from materials other than galvanized steel, the applicant shall state the reasons for the request in the application, and the applicant shall also furnish the county with photographs, videos, or some other visual sample of the proposed finish.

k.

All applicants must provide written documentation that the facility at full capacity will not exceed applicable health standards established by the federal government and/or American National Standards Institute.

l.

No advertising of any type may be placed on the communication tower or accompanying facility.

m.

All communication tower structures must be dismantled by the owner of the structure if it ceases to be used as communication tower or if it is not properly maintained for a period exceeding 24 consecutive months. The board of supervisors shall require the posting of surety by the applicant in an amount sufficient to cover the cost of dismantling and the surety shall be submitted to the county in a form approved by the county attorney prior to the issuance of the building permit.

n.

The applicant shall provide evidence that adjoining property owners and other residents of the community have been contacted to discuss specific proposals prior to public hearings before the planning commission and board of supervisors.

o.

The applicant shall conduct a balloon test or similar demonstration of visibility as a part of any application. Prior to the test, the applicant shall mail notice to all adjacent property owners and to the owners of any property located within 750 feet of the proposed tower whether adjacent or not and shall publish notice of intent to conduct the test in a newspaper of general circulation at least once a week for a period of two consecutive weeks.

p.

The communication tower owner shall notify the commissioner of the revenue no later than March 1 of each year of the name, address, and telephone number(s) for the tower owner and each lessee on the tower and the registered agent for each.

q.

Each telecommunications service provider who locates or otherwise places wireless communications equipment on a communications tower shall obtain a building permit from the county prior to attaching the equipment to the tower or erecting a structure on the tower or on its land and shall provide the building permit office with the costs of the communications equipment to be installed as well as the other related construction costs.

r.

The applicant shall provide the county with space(s) on the communications tower for the location of its public safety transmitting and receiving antennae at no cost. Other than the providers who have submitted evidence of a need for a location on the communications tower at time of the application for a conditional use permit, the applicant shall notify the director of public safety before any additional location is under contract. The director of public safety shall have 20 work days to determine whether such location is necessary for the public safety needs of the county at the present or within a one-year period from date of notification. If such space(s) is determined to be needed for public safety purposes, the applicant shall not lease the space(s) for one year from the date notice was received by the director of public safety.

s.

The applicant shall reimburse the county for the costs of evaluating the technical evidence submitted by the applicant in support of its application.

t.

Documentation must be submitted to the county establishing clear legal rights to access to tower site from deeded easements and right-of-ways including rights to ingress and egress over private roads.

u.

As used in this section a "communication tower" shall mean any structure greater than 50 feet in height that is designed and constructed primarily for the purpose of supporting one or more antennae, including self-supporting lattice towers, guy towers, or monopole towers. The term encompasses personal wireless service facilities, radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers or personal communications services towers, alternative tower structures, and the like. When all or portion of the tower is supported by guy wires, such wires and their anchors shall be considered a part of the tower for purposes of measuring setbacks and separations from adjacent uses.

(13)

Radio, television or communication stations and/or towers which exceed 50 feet in height on property zoned business, economic opportunity and industrial.

a.

A buffer of evergreen screening (trees or hedging) shall be provided around the entire facility with the exception of any associated office building. A section of fence at least six feet in height shall be provided completely around the base of the tower and any associated equipment.

b.

A site plan of the proposed facility must be submitted to and approved by the zoning administrator. As part of the site plan submittal, the applicant must provide the county with detailed information regarding the proposed facility's location, latitude and longitude, and service area.

c.

The facility shall not interfere with the radio, television or communications reception of nearby property owners in residence at the time of construction. The applicant shall take steps to successfully eliminate any such interference.

d.

All communication towers and other structures shall meet all safety requirements of all applicable building codes.

e.

All communication tower structures shall not be erected within 750 feet of an existing residential structure unless the board finds that (1) topographical or similar physical conditions existing on the property make such a distance an undue hardship and (2) the reduction in distance will not adversely impact the peaceful enjoyment and use of the residential structure by the occupants. Any such reduction in the distance permitted by the board shall not result in a tower structure being erected nearer than 125 percent of the tower height to any dwelling unit.

f.

If the property line abuts an agricultural or residential zoning district, all towers shall be set back from said property line a distance equal to 120 percent of the tower height.

g.

Verifiable evidence of the lack of antenna space on existing communication towers, buildings or other structures within the county or within two miles of the county boundary (the co-locations), and/or evidence of that the available co-locations as a whole will not provide adequate telecommunications service to the proposed service area. Such evidence shall include propagation studies and an affidavit executed by a radio frequency engineer stating that in its professional opinion the available co-locations are inadequate or otherwise unsuitable for the provision of telecommunications service to the proposed service area.

h.

An engineering report, certifying that the proposed tower is compatible for a minimum of four users, must be submitted by the applicant. This requirement shall not apply to facilities that are constructed to be camouflaged and which in fact harmonize with the existing landscape, structures, and views. The applicant shall also permit collocation by additional users without requiring any form of reciprocal location agreement from subsequent users.

i.

Documentary evidence of compliance with all Federal Aviation Administration and Federal Communications Commission requirements shall be submitted by the applicant.

j.

Unless otherwise allowed under the specific use conditions of a conditional use permit, or as a requirement of the Federal Aviation Administration, all structures shall have a galvanized steel finish. If painting is required by the FAA, documentary evidence from the FAA requiring such painting must be provided to the county by the applicant.

k.

Should the applicant request to construct the communication tower from materials other than galvanized steel, the applicant shall state the reasons for the request in the application, and the applicant shall also furnish the county with photographs, videos, or some other visual sample of the proposed finish.

l.

All applicants must provide documentary evidence that the facility will not exceed applicable health standards established by the federal government and/or American National Standards Institute.

m.

No advertising of any type may be placed on the communication tower or accompanying facility.

n.

All communication tower structures must be dismantled by the owner of the structure if not properly maintained for a period exceeding 24 consecutive months. The board of supervisors shall require the posting of a surety by the applicant in an amount sufficient to cover the costs of dismantling, and the surety shall be submitted to the county prior to the issuance of the building use permit.

o.

The communication tower owner shall notify the commissioner of the revenue no later than March 1 of each year of the name, address, and telephone number(s) for the tower owner and each lessee on the tower and the registered agent for each.

p.

The applicant shall provide evidence that adjoining property owners and other residents of the community have been contacted to discuss specific proposals prior to public hearings before the planning commission and board of supervisors.

q.

The applicant shall conduct a balloon test or similar demonstration of visibility as a part of any application. Prior to the test, the applicant shall mail notice to all adjacent property owners and to the owners of any property located within 750 feet of the proposed tower whether adjacent or not and shall publish notice of intent to conduct the test in a newspaper of general circulation at least once a week for a period of two consecutive weeks.

r.

Each telecommunications service provider who locates or otherwise places wireless communications equipment on a communications tower shall obtain a building permit from the county prior to attaching the equipment to the tower or erecting a structure on the tower or on its land and shall provide the building permit office with the costs of the communications equipment to be installed as well as the other related construction costs.

s.

The applicant shall provide the county with space(s) on the communications tower for the location of its public safety transmitting and receiving antennae at no cost. Other than the providers who have submitted evidence of a need for a location on the communications tower at time of the application for a conditional use permit, the applicant shall notify the director of public safety before any additional location is under contract. The director of public safety shall have 20 work days to determine whether such location is necessary for the public safety needs of the county at the present or within a one-year period from date of notification. If such space(s) is determined to be needed for public safety purposes, the applicant shall not lease the space(s) for one year from the date notice was received by the director of public safety.

t.

The applicant shall reimburse the county for the costs of evaluating the technical evidence submitted by the applicant in support of its application.

u.

Documentation must be submitted to the county establishing clear legal rights to access the tower site from deeded easements and right-of-ways including rights to ingress and egress over private roads.

v.

As used in this section a "communication tower" shall mean any structure greater than 50 feet in height that is designed and constructed primarily for the purpose of supporting one or more antennae, including self-supporting lattice towers, guy towers, or monopole towers. The term encompasses personal wireless service facilities, radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers or personal communications services towers, alternative tower structures, and the like. When all or portion of the tower is supported by guy wires, such wires and their anchors shall be considered a part of the tower for purposes of measuring setbacks and separations from adjacent uses.

(14)

Telecommunications towers or antennae attached to or erected within existing structures or camouflaged towers that exceed 50 feet.

a.

Subject to the conditions in subsection b., the following telecommunications towers or antenna ("facilities") shall be exempt from the provisions of subsections (16) and (17):

1.

Facilities that are attached to or within an existing structure provided that (a) the net effect of the facility shall not increase the height of the existing structure by more than 12.5 percent or exceed 199 feet, whichever is the lesser height: (b) the facility shall not overhang the outer dimension of the existing structure by more than 7.5 percent; and (c) the net effect of the facility will not cause the host structure to become non-compliant in any material respect with the New Kent County Code or the terms of any condition specifically or generally attached to the host structure through prior legislative or administrative action.

2.

Reserved.

b.

Conditions.

1.

A site plan of the proposed facility must be submitted to and approved by the zoning administrator. As part of the site plan submittal, detailed information regarding the proposed facility's location, latitude and longitude, and service area must be included.

2.

A fence at least six feet in height shall be erected completely around the area containing the facility, any shed, shelter, platform or equipment appurtenant to the facility. Security lighting shall be provided within the fenced enclosure. A buffer of evergreen screening (trees or hedging) shall be provided around the entire fenced area.

3.

All newly installed utilities leading to the site shall be placed underground.

4.

The facility shall not interfere with the radio, television or communications reception of nearby property owners in residence at the time of construction. The owner shall successfully eliminate any such interference within 30 calendar days of learning that such interference exists.

5.

The facility and all auxiliary structures shall meet all safety requirements and all applicable building codes.

6.

Certified evidence of the facility's compliance with all National Environmental Protection Act (NEPA), Federal Aviation Administration (FAA) and Federal Communication Commission (FCC) requirements shall be submitted with the building permit application.

7.

Certified evidence that the facility will not exceed applicable health standards established by the federal government and/or American National Standards Institute or shall be submitted with the building permit application.

8.

Except as may be required by law, no advertising of any type may be placed on the facility, auxiliary structures, or the host structure.

9.

The facility and all mounting devices and auxiliary structures shall be submitted at time of application.

10.

The facility and auxiliary structures shall be dismantled and the property restored to its original condition within 90 days if the facility ceases to be used for wireless telecommunications purposes for a period exceeding six consecutive months. Surety or an irrevocable line of credit in an amount sufficient to cover the costs of dismantling the facility, auxiliary structures, and site restoration plus reasonable administrative costs shall be provided to the county prior to the issuance of the building permit. Such surety or line of credit shall remain in full force throughout the life and use of the facility and may only be released by the county. The surety or line of credit shall be in a form approved by the county attorney.

11.

The county shall be notified no later than March 1 of each year of the name, address, and telephone number(s) for the owner and each co-located lessee on the structure and the registered agent for each.

12.

Each telecommunications service provider who locates or otherwise places wireless communications equipment on the facility, auxiliary structures, or the host structure, or on the property shall obtain a building permit from the county prior to attaching the equipment to the structure or erecting any accessory structures within or adjacent to the existing structure.

c.

A conditional use permit may be issued by the zoning administrator without public hearing and without planning commission review and approval of the Board of Supervisors provided that all of the conditions of the Code of New Kent are met. Notwithstanding the fact that all conditions may be met, when in the sound discretion of the zoning administrator additional conditions are required for the public health, safety, and welfare and for good zoning practice the applicant will be required to seek approval for the facility pursuant to either subsection (16) or subsection (17).

d.

If the zoning administrator refuses to issue a permit pursuant to this section, the applicant has the right to proceed to seek approval under subsection (16) or subsection (17).

(15)

Single-family detached dwellings converted to two-family dwellings.

a.

The original dwelling unit shall be required to have not less than 1,300 square feet of livable floor area exclusive of attic, cellars, garages, porches or sheds and must not be in such a state of disrepair, obsolescence or dilapidation as to be in its existing state dangerous or injurious to health, safety or general welfare or the preservation of the value of adjacent properties.

b.

Prior to the issuance of the conditional use permit by the zoning administrator, the applicant shall have secured all necessary health approvals related to the provision of water and the disposal of sewage.

c.

Each separate dwelling unit shall be provided with a private bathroom and kitchen.

d.

The minimum habitable floor area for each separate unit shall be as follows:

1.

Efficiency or studio: 450 square feet;

2.

One bedroom unit: 650 square feet;

3.

Two bedroom unit: 750 square feet;

4.

An additional 150 square feet shall be provided for each additional bedroom.

e.

Each dwelling unit shall be independent with safe means of ingress and egress, provided also that no change in the exterior of the original dwelling shall be permitted to afford such ingress and egress except for a small porch not exceeding five feet in width.

f.

No dwelling unit shall be permitted above the second floor or in the cellar of any building. All dwelling units located in the basement of any building shall meet all county codes concerning the use of windows and doors for ingress and egress.

g.

The ground area of the original dwelling shall not be enlarged more than 25 percent of the original ground area, and the number of stories shall not be increased for the purpose of or in connection with the conversion of such structure into a second dwelling unit, except areas between projections of parts of the original dwelling may be incorporated into the building where reasonably necessary for the execution of a proper and otherwise approved plan for the conversion of the dwelling into two or more dwelling units.

h.

There shall be no outside alterations or changes which will in any way modify or change the single-family character or appearance of the original structure.

i.

A minimum of two off-street parking spaces shall be provided.

j.

One dwelling unit of a converted single-family dwelling must always be occupied by the owner of record.

k.

All rooms within a dwelling unit shall be accessible within the limits of the dwelling unit.

(16)

Sporting clays.

a.

The conditional use permit may, at the discretion of the board of supervisors, return to the planning commission for review and approval.

b.

A site plan per article XXII of this chapter, site plans, will be required. The site plan may, at the discretion of the board of supervisors, return to the planning commission for review and approval.

c.

All shooting stations will be designed so they are away from existing residential uses and firearms will be discharged in a direction away from these existing uses with established safety standards.

d.

Noise abatement barriers equal to the NRA Standards and Guidelines set forth in the range manual shall be utilized and shall appear on the site plan.

e.

Lead shot size is limited to a maximum of 7 1/2, and shotguns no larger than 12 gauge shall be allowed. When wetlands areas are involved steel shot shall be used. If steel shot is of required usage, shot no larger than number six shall be allowed. If the state approves an alternative to steel shot, it shall be allowed.

f.

Hand traps may be used, provided that throwing positions are designed to protect the trap operator.

g.

Clay targets must be thrown only from designated positions and only in directions or elevations required by design specifications.

h.

A shotfall safety area of 300 yards in the direction of fire will be required at each station. Each field layout will require a different shotfall design.

i.

Hours of operation shall be Monday through Saturday from sunrise to sunset or as approved by the board of supervisors. Sunday hours shall be set on a case-by-case basis by the board of supervisors.

j.

A written list of range rules shall be created and filed in the department of planning.

k.

A safety plan shall be created for the sporting clays' operation, and it shall be filed in the department of planning.

l.

The range rules shall be posted in a conspicuous place and these rules shall be reviewed by any user of the range.

m.

Existing religious facilities shall be taken into consideration during site plan review.

n.

A minimum of 100 acres shall be required for sporting clays.

(17)

Steeplechase.

a.

A site plan per article XXII of this chapter, site plans, will be required.

b.

Traffic plan approved by sheriff's department and department of public safety.

c.

Health department approval of regulations governing food service, toilet facilities, sewage disposal facilities and water supply facilities.

d.

Fire protection and medical facilities plan approval by the department of public safety and sheriff's department.

e.

Steeplechase tracks to be located on no less than 200 acres.

f.

Parking plan approved by the planning department, the department of public safety and sheriff's department.

g.

Sheriff's department and department of public safety shall be notified 90 days in advance of the event.

h.

Health department notification 90 days prior to the event.

i.

All signs of a temporary nature shall be removed within 48 hours after the event.

j.

No billboards, grandstands or lighting on the track.

k.

Operator to submit alcoholic beverage control permit to the county 90 days in advance of event if alcohol is to be served.

l.

Other conditions may be added to the conditional use permit, if they are deemed to be appropriate by the board of supervisors.

(18)

Temporary storage of a mobile home.

a.

The permit shall be issued for the storage of a mobile home only, and no such mobile home shall be used for any purpose and specifically not as living or sleeping quarters.

b.

The mobile home shall not be connected to any utilities nor shall water or electricity be furnished to the mobile home from any source.

c.

Minimum lot size for storage of a mobile home shall be five acres.

d.

The mobile home may be stored on the same parcel with any other principal permitted use but must be located in the rear yard area.

e.

The permit shall be temporary and shall be issued for a period not to exceed 90 days.

f.

The applicant must furnish to the zoning administrator a copy of the restrictive covenants, if any, applicable to the lot on which the mobile home will be located. No conditional use permit shall be issued which is in violation of such restrictive covenants. If there are no restrictive covenants applicable to the lot, the applicant shall so certify in writing.

g.

A drawing showing the proposed location of the mobile home, including distances from all property lines and the existing septic tank and drainfield, shall be submitted by the applicant and must be approved by the zoning administrator. The zoning administrator may require changes in the drawing which would make the location of the mobile home more harmonious with the neighborhood.

h.

The zoning administrator shall require the applicant to post a $500.00 bond, with surety, conditioned upon removal of the mobile home at the termination of the prescribed time period. This bond shall not be released until the mobile home has been removed from the property. A violation of any condition of the conditional use permit or failure to remove the mobile home within the prescribed time period shall result in the forfeiture of the bond to the county, and the proceeds shall be used to pay any and all costs incurred by the county to remedy the violation including, but not limited to, the costs of removal and storage.

(19)

The keeping or raising of horses.

a.

The keeping of horses shall be solely for the recreational purposes of the family living on the premises. The commercial boarding of horses which are not owned by the resident family shall be prohibited.

b.

The minimum area of any parcel used for the keeping or raising of horses shall be three acres for the first horse. One additional horse may be kept or raised for each additional two acres.

c.

A stable must be provided for the housing of all horses. Any stable or structure used for the keeping of such animals shall be located not less than 75 feet from any property line nor less than 20 feet from the principal structure on the property.

d.

All pastures, runs, or similar areas for the keeping or raising of horses shall be surrounded by fencing which does not block site triangle easements at intersections.

e.

Horses shall not be stabled, pastured, or otherwise kept within 1,000 feet of a drinking water reservoir unless it can be proven to the satisfaction of the health department and the zoning administrator that any runoff will be away from the reservoir and that public health will not be negatively impacted. In such cases, a 200-foot buffer must be maintained. This shall not be interpreted to preclude the riding of horses or establishment of bridle trails closer than the specified distance provided that the health department and owner of the reservoir approve.

f.

Manure or animal wastes shall not be stored, stockpiled, or permitted to accumulate within a designated Chesapeake Bay Resource Protection Area.

g.

Manure or animal wastes shall not be stored, stockpiled, or permitted to accumulate in any manner that diminishes the rights of adjacent property owners to enjoy reasonable use of their property.

h.

The keeping of horses shall not be excluded by the restrictive covenants and deed restrictions applicable to the property.

(20)

Turkey shoots.

a.

Only turkey shoots conducted as fund raisers by nonprofit organizations will be permitted.

b.

The parcel on which the shoot is conducted shall have a minimum width of 300 feet and a minimum depth of 600 feet.

c.

The shoot shall be positioned so that the line of fire is directly away from any public or private road or right-of-way and shall not be directed towards any residence or any other structure.

d.

No firearms shall be discharged within 200 feet of any public or private street or right-of-way.

e.

No firearms shall be discharged within 500 feet of any unrelated commercial building or residential dwelling.

f.

The hours of operation shall be restricted to the hours between 9:00 a.m. and 10:00 p.m., except on Friday and Saturday when the operation until 11:00 p.m. is permissible.

g.

The discharge of firearms shall be limited to: shotguns and muzzle loading shotguns. Any discharge of a rifle of caliber greater than 0.22 is prohibited for these events.

h.

Conditional use permits will be subject to annual review by the board of supervisors or their agent to ensure compliance with the ordinance.

(21)

Zoological gardens.

a.

The garden is to be fenced with a heavy duty, chainlink, perimeter fencing ten feet high.

b.

Individual cages will be prepared for each species of animal.

c.

The facility will be operated in accordance with federal, state and SPCA guidelines.

d.

Paved state-maintained roads will be provided for the site and all interior roads dedicated for purpose of vehicular access will be built to standards for state-maintained paved roads.

e.

All health department requirements for animal facilities and public facilities must be met.

f.

Site plan must be approved by the planning commission and board of supervisors.

g.

The garden may not be closer than 1,000 feet to any adjacent residence.

h.

The garden may not be closer than one mile from any residentially zoned property.

i.

The garden may not be closer than two miles from any school or hospital.

(Code 1999, § 9-245; Ord. No. O-14-98, 4-12-1999; Ord. No. O-3-02, 1-14-2002; Ord. No. O-15-02R, 5-23-2002; Ord. No. O-01-03(R2), 3-10-2003; Ord. No. O-33-05R, 12-19-2005; Ord. No. O-18-07, 7-23-07; Ord. No. O-15-08(R2), 1-12-2009)

(Code 1999, § 9-245; Ord. No. O-14-98, 4-12-1999; Ord. No. O-3-02, 1-14-2002; Ord. No. O-15-02R, 5-23-2002; Ord. No. O-01-03(R2), 3-10-2003; Ord. No. O-33-05R, 12-19-2005; Ord. No. O-18-07, 7-23-07; Ord. No. O-15-08(R2), 1-12-2009)