Rappahannock County, VA Article VI Special Permits and Special Exceptions

§ 170-47 General.

[Amended 2-2-2015]

A. Section 170-16A of this Code provides that only land uses specifically enumerated in this Chapter 170 are allowed in Rappahannock County. Those uses are divided into two categories:

(1) Permitted uses, also referred to as "by right" uses; and

(2) Uses allowed by special permit or special exception.

B. Permitted uses are discussed in § 170-16. Special permit uses and special exception uses are discussed in §§ 170-17 and 170-18, respectively. Section 170-36 shows all allowed uses by zoning district.

C. Uses which would normally not be allowed in a particular zoning district may be allowed by special permit or by special exception because they impose conditions and restrictions on the use in order to make it compatible with the by right uses in that zoning district.

D. Special permits are issued by the Board of Zoning Appeals (BZA) in accordance with Code of Virginia, § 15.2-2309(6) and § 170-140 and this Article VI. They are subject to revocation by the BZA as provided in this Article VI and Code of Virginia, § 15.2-2309(7).

E. Special exceptions are issued by the Board of Supervisors (Board) in accordance with Code of Virginia, § 15.2-2286 and this Article VI. They are subject to revocation by that Board as provided in this Article VI and Code of Virginia, § 15.2-2309(7).

F. The Code of Virginia uses the terms "special use" and "special exception" interchangeably. However, for the purposes of this Code, a "special permit" and a "special exception" are distinguishable by whether the requested use is approved by the BZA or by the Board, which are referred to as the "issuing authority."

G. A special permit or a special exception will only be granted if the applicant can satisfy the requirements of this Article VI, and the proposed use is otherwise lawfully permitted. The burden is on the applicant to satisfy such requirements.

H. Neither the BZA nor the Board shall vote on any application for a special permit or a special exception except after notice and public hearing as required by § 15.2-2204 of the Code of Virginia. (Note: Code of Virginia, § 15.2-2310.)

I. The Zoning Administrator shall send a copy of any application for a special permit or a special exception to the Planning Commission, which may send a recommendation to the issuing authority or appear as a party at the hearing on the application. (Note: Code of Virginia, § 15.2-2310.)

J. No application for a special permit or special exception shall be accepted unless all real estate taxes assessed against the subject property are current. (Note: Code of Virginia, § 15.2-2286B.)

K. No application for a special permit or special exception shall be considered by the issuing authority within one year of the consideration of a prior application that is substantially the same. The one-year period shall run from the date of the scheduled public hearing on the prior application. (Note: Code of Virginia, § 15.2-2311.) This provision shall not apply if the prior application was withdrawn before the day of the scheduled public hearing. However, an application may be withdrawn up until the time of a motion to approve or disapprove. This subsection only addresses when substantially the same application may be submitted.

L. An application, and any accompanying conditions and restrictions, may be approved by the issuing authority only upon the affirmative vote of a majority of members forming a quorum for that meeting.

[Amended 7-3-2023]

M. “Conversion condominium” means a condominium containing structures which before the recording of the declaration, were wholly or partially occupied by persons other than those who have contracted for the purchase of condominium units and those who occupy with the consent of such purchasers. Any proposed conversion condominium and the use thereof, which does not conform to the zoning, land use and site plan regulations of Rappahannock County, shall require a special exception, or variance, as the case may be, prior to such property becoming a conversion condominium. The special exception or variance shall be granted if the applicant can demonstrate to the reasonable satisfaction of the local authority that the nonconformities are not likely to be adversely affected by the proposed conversion. No action on any such request shall be unreasonably delayed. The County may require the payment of such charges and fees as are lawfully imposed by the County as a result of construction of new structures to the extent that such charges and fees, or portions of such charges and fees, imposed upon property subject to such conversions may be reasonably related to greater or additional services provided by the County as a result of the conversion.

[Added 4-2-2018]

§ 170-48 Authorization.

A. In consideration of an application filed with the Zoning Administrator, the BZA and the Board may authorize the establishment of those uses that are expressly listed respectively as special permit uses and special exception uses in a particular zoning district; provided, however, that no such permit shall be required for a use allowed as a permitted use in such district.

B. No special permit use or special exception use shall be authorized unless such use complies with all the applicable standards of this article VI and all other applicable requirements of this chapter.

§ 170-49 Limits on authority.

A. Neither the BZA nor the Board shall have the authority to vary, modify or waive any of the regulations or standards prescribed for any use or purpose for which a special permit or special exception is required. The discretion of the BZA and Board shall be limited to determinations with respect to the standards applying to the use or purpose covered by the application.

B. This provision shall not preclude any concurrent but jurisdictionally separate proceedings applying to the same property in which an application is made for a variance on an allegation of hardship.

C. The jurisdiction of the BZA and the Board, with respect to any use or purpose for which such body is authorized to issue, respectively, special permits and special exceptions, shall be confined to the consideration of the questions of conformity with the provisions of this chapter. On an affirmative finding with respect to conformity, the BZA and the Board shall issue, respectively, the special permit or special exception applied for, subject to whatever conditions and restrictions are deemed necessary and appropriate under the provisions of § 170-53 below.

§ 170-50 Status of special uses; enlargements.

A. Any use for which a special permit is granted by the BZA or a special exception is granted by the Board, and which complies with the specific requirements of this chapter and those conditions and restrictions which may be imposed in accordance with § 170-53 below, shall be deemed to be a permitted use on the lot for which it is approved.

B. Once a special permit or special exception has been granted, however, the use shall not be enlarged, extended, increased in intensity or relocated unless an application is made for a new special permit or special exception; except that the BZA and the Board may specifically waive or modify requirements for obtaining additional permits for the enlarging, extending, increasing in intensity or relocation of previously approved special permit or special exception uses in unusual cases when the change is not significant.

§ 170-51 Establishment of categories.

For the purpose of applying specific conditions upon certain types of special permits and special exception uses and for allowing such uses to be established only in those zoning districts which are appropriate areas for such uses, all special permit and special exception uses are divided into categories of associated or related uses as hereinafter set forth in this article VI.

§ 170-52 General standards.

[Amended 8-1-1988]

In addition to the special standards set forth hereinafter with regard to particular special exception and special use permit uses, all such uses shall also satisfy the following general standards:

A. The proposed use shall be such that it will not adversely affect the use or development of neighboring properties and shall be in accordance with the applicable zoning district regulations. The location, size and height of buildings, structures, walls and fences and the nature and extent of screening, buffering and landscaping shall be such that the use will not hinder or discourage the appropriate development and/or use of adjacent or nearby land and/or buildings or impair the value thereof.

B. The proposed use shall be such that pedestrian and vehicular traffic generated will not be hazardous or conflict with the existing and anticipated traffic in the neighborhood and on the streets serving the site.

C. Adequate utility, drainage, parking, loading and other necessary facilities to serve the proposed use shall be provided. Parking and loading requirements shall be in accordance with the provisions of Articles IX and X.

D. Signs shall be regulated by the provisions of Article XII, except as may be qualified in the subsections that follow for a particular category or use. However, the BZA and the Board, under the authority presented in § 170-53 below, may impose more restrictive standards for a given use than those set forth in this chapter.

E. The future impact of a proposed use shall be considered and addressed in establishing a time limit on the permit. Existing and recent development, current zoning and the Comprehensive Plan shall be among the factors used in assessing the future impact of the proposed use and whether reconsideration of the permit after a stated period of time would be necessary and appropriate for the protection of properties in the vicinity and to ensure implementation of the Comprehensive Plan.

F. The proposed use shall be such that air quality and surface and ground water quality and quantity are not degraded or depleted to an extent that would hinder or discourage the appropriate development and/or use of adjacent or nearby land and/or buildings or impair the value thereof.

G. The proposed use will not result in unsafe conditions in relation to community facilities existing or planned as relates to adequate police and fire protection and danger and congestion in travel and rescue services.

H. The proposed use will not cause an undue impact on the sanitary landfill and solid waste transfer collection stations.

I. The proposed use will not cause an undue impact on the historic or scenic qualities of the immediate area.

J. The proposed special exception will not be detrimental to the implementation of the adopted Comprehensive Plan, including the goals contained therein.

§ 170-53 Conditions and restrictions.

A. General. The BZA and the Board, respectively, in granting special permits and special exceptions, may impose such conditions, safeguards and restrictions upon the proposed uses as may be deemed necessary in the public interest to secure compliance with the provisions of this chapter. Conditions may include but need not be limited to the following:

(1) The hours of operation.

(2) Access to the subject property.

(3) Protection of surface water and groundwater.

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

(5) Adequate sewer and water supplies.

[Amended 2-2-2015]

(a) If the proposed use will discharge liquid waste, and the subject property is within the service area of the Rappahannock County Water and Sewer Authority, then the use must be connected to the sewer system unless a written waiver is given by the Authority.

(b) The issuing authority may consider not only whether there is sufficient water available for the proposed use, but whether the quantity of water required for the proposed use could negatively impact the availability of water for other properties and uses.

(6) Sound limitations as needed to ensure peaceful enjoyment of neighboring properties.

(7) The location, size, height, design of buildings, walls, fences, landscaping and buffer yard.

(8) Covenants and/or homeowners associations for maintenance of required improvements and compliance with applicable restrictions.

(9) The timing or phasing of development.

(10) The provision and location of utilities, to include requiring underground placement.

[Amended 2-2-2015]

(11) Control of smoke, dust and odors.

(12) Bonding as required to ensure standards are met and plans are implemented.[1]

[1] Editor's Note: Former Subsection B, Residential lot development, which immediately followed this subsection, was repealed 1-5-2000.

§ 170-54 Time limitations, extensions and renewals.

In addition to the time limit set forth in this article, the BZA and the Board, respectively, may require as a condition to the issuance of any special permit or special exception that it shall be issued for a specified period of time; and that it may be subsequently extended for a designated period by the Zoning Administrator, so that it may be periodically renewed by the body granting such approval. The procedure of granting an extension or renewal shall be as presented in § 170-58.

§ 170-55 Applications.

A. An application for a special permit or special exception may be made by any property owner, owner of an easement, possessor of the right of entry under the power of eminent domain, lessee, contract purchaser or any official, department, board or bureau of any government. A contract purchaser, lessee or owner of an easement must file with the application a copy of the contract or some form of written statement which indicates the endorsement of the application by the property owner.

B. The application shall be filed with the Zoning Administrator on forms provided by the County. The application shall be complete and shall be accompanied by those submission requirements set forth in § 170-57 below, any specific information that may be required for a given category or use and any other additional information that may be required by the BZA or Board. The application shall be accompanied by a fee established in accordance with the provisions of Article XIV. No application shall be deemed to be on file with the County until all required submissions and payments have been presented.

C. The Zoning Administrator shall refer the application to the Planning Commission, and in addition to any agency or review body as may be specified for a particular category or use or as he deems appropriate. Such referral will be made expeditiously upon filing of the application. The application shall be placed on the Planning Commission's agenda for public hearing at its next regular monthly meeting following the filing of a complete application within the time specified in Subsection E below. The Zoning Administrator shall take action necessary to see that the advertising requirements of Article XV are met.

[Amended 2-2-2015; 7-6-2022]

D. Any time limits specified by this section may be waived by agreement between the issuing authority, who may act through the Zoning Administrator, and the applicant, or the applicant's agent.

[Amended 2-2-2015]

E. Applications deemed complete by the Zoning Administrator at least 16 days prior to the next regular monthly Planning Commission meeting will be placed on the agenda for public hearing advertised in accordance with Code of Virginia, § 15.2-2204. At that meeting, the Commission will review the general content of the proposal and request any specific additional information to be provided by the applicant or staff.

[Amended 2-2-2015; 7-6-2022]

F. The BZA or Board shall render a decision on all applications for special permits and special exceptions, respectively, no later than 90 or 120 days, respectively, following the first meeting at which the application was on the agenda. This time limit may be extended by either body, only if comments or reports have not been received from other agencies and/or review bodies (other than the Commission) which are either specified for a particular category or use or are deemed necessary by the BZA or Board.

§ 170-56 Compliance with Comprehensive Plan.

[Amended 2-2-2015]

If the requested special permit or special exception involves a public street, park, area, facility, building, structure, utility facility, or service corporation facility, whether publicly or privately owned, or a telecommunications facility, or any other type of use or structure referred to in § 15.2-2232 of the Code of Virginia, that is not provided for in the Comprehensive Plan (which is considered to be the County's master plan), then the Planning Commission shall conduct the review required by Code of Virginia, § 15.2-2232, at the same time it reviews the application for the special permit or special exception.

§ 170-57 Submission requirements.

All applications for special permits and special exceptions shall be accompanied by the following items, in addition to those items that may be listed for a particular category in the subsections that follow:

A. An explicit statement of proposed use. It may be on the application form.

B. A scale drawing(s) showing:

(1) The property lines.

(2) Abutting streets with names or route numbers.

(3) The location of all existing and proposed buildings or uses.

(4) The highway entrance(s) and driveway(s).

C. If a site plan is not required, the following will also be submitted:

(1) Off-street parking and loading spaces, showing the number of spaces provided.

(2) Front, side and rear elevations of any proposed buildings.

(3) Landscaping, if applicable.

(4) Such drawing shall be submitted in four copies on sheets not exceeding thirty by forty-two (30 x 42) inches. More than one sheet may be used.

D. A copy of the applicant's purchase agreement or sales contract, if the applicant is a contract owner.

E. In the event the Zoning Administrator recommends that a full site plan as set forth in § 170-121 should be waived, pending review of the initial application and concurrence by the Commission to waive the requirement for a full site plan as set forth in § 170-121, an application for a special use or special exception permit may be advertised for hearing only upon submission of a preliminary site plan substantially in accord with the provisions of § 170-57B and C; provided, however, that any other information or a full site plan may be required if requested by the Board, BZA or Commission, notwithstanding that it was waived by the Zoning Administrator.

[Amended 2-1-2021]

§ 170-58 Extension by Zoning Administrator.

A. The application for an extension of a special permit or special exception shall be filed with the Zoning Administrator in accordance with the provisions of § 170-55A and B above. The application shall be filed at least 30 days before the expiration date of the special permit or special exception.

B. The Zoning Administrator shall inspect the use, review the applicant's record of compliance with those conditions, standards and restrictions previously imposed by the BZA or Board and make a determination on whether the special permit or special exception use still satisfies the applicable standards of this chapter. The Zoning Administrator shall also notify the appropriate approving authority that the request has been filed.

C. Upon a favorable finding, the Zoning Administrator shall issue an extension of the special permit or special exception for the period of time that may be specified for a particular category or use or that may have been specified by the BZA or the Board. Upon an unfavorable finding, the application shall be denied, and such an action shall be subject to an appeal in accordance with the provisions of Article XV.

D. All ordinances and regulations, in effect at the time an application for an extension is filed, shall apply to the use in the same manner as when a new special permit or special exception is issued by the BZA or Board, except that no alteration of a structure shall be required if such structure was in conformity with the provisions of the Building Code[1] and other applicable regulations at the time the special permit or special exception was first granted.

[1] Editor's Note: See Ch. 71, Building Construction.

§ 170-59 Renewals.

A. The procedure for the renewal of a special permit or special exception shall be the same as specified in § 170-55 above for the issuance of the original permit or exception, unless the BZA or Board shall specifically waive or modify such procedure for a given permit or exception or unless the procedure is qualified for a particular category or use. The application for renewal shall be filed at least 60 days before the expiration date of the permit or exception.

B. All ordinances and regulations in effect at the time an application for renewal is filed shall apply to the use in the same manner as when a special permit or exception is issued by the BZA or Board, except that no alteration of a structure shall be required if such structure was in conformity with the provisions of the Building Code and other applicable regulations at the time the special permit or special exception was first granted.

§ 170-60 Expiration.

With the exception of public uses, whenever a special permit or special exception is issued by the BZA or Board, the activity authorized thereby shall be established and any construction authorized shall be diligently prosecuted within such time as the BZA or Board may have specified or, if no such time has been specified, then within one year after the effective date of such permit or exception, unless an extension shall be granted by the BZA or Board because of the occurrence of conditions unforeseen at the time of the granting of the special permit or special exception. If construction has not commenced within a period of one year, unless an extension is granted, such special permit or special exception shall automatically expire without notice.

§ 170-61 Revocation.

[Amended 4-6-1987; 2-2-2015]

A. Any special permit or special exception shall be revocable on the order of the issuing authority, either the BZA or the Board, whenever there has not been compliance with any applicable state law or regulation, local ordinance, or the express terms and conditions of the special permit or special exception, whether those terms and conditions were imposed at the time of issuance, or at the time of the granting of any extension or modification; except that in cases of a SE for residential lot development or for more than one dwelling on a lot or parcel, a SE shall not be revocable.

[Amended 2-1-2021]

B. Procedure for revocation:

(1) Alternative 1: The issuing authority shall give the holder of the special permit or special exception written notice of the alleged violation, and of the date by which the violation must be cured. If the violation is not cured within the time specified, the issuing authority may then vote to proceed with a revocation hearing. Any person who communicates such notice at the request of the issuing authority is acting as its agent and such notice is not appealable under Code of Virginia, § 15.2-2311.

(2) Alternative 2: If the issuing authority decides the holder has already received adequate notice of the violation, or that the violation may not be cured within a reasonable time, or that delay is not in the public interest, or for any other reason deemed by it to be sufficient, the issuing authority may immediately proceed on its own motion to set and hold a revocation hearing.

(3) Provided, in either case, revocation may occur only after notice and hearing as provided by § 15.2-2204 of the Code of Virginia. See also § 170-140H(12) of this Code. [Note: Code of Virginia, § 15.2-2309(7).]

C. The foregoing provisions shall not be deemed to preclude the use of any other remedy prescribed by law or by this chapter with respect to violations of the provisions of this chapter, or of any special permit or special exception.

§ 170-62 Category 1: Residential Uses.

Category 1, Residential Uses, shall be regulated as follows:

A. (Reserved)[1]

[1] Editor's Note: Former Subsection A, Additional submission requirements for residential lot development, as amended, was repealed 1-5-2000.

B. (Reserved)[2]

[2] Editor's Note: Former Subsection B, Standards for all Category 1 residential lot development, was repealed 1-5-2000.

C. Standards for all residential uses in CV and CG Districts. In addition to the standards set forth in Subsection B above, all residential uses shall satisfy the following standards:

(1) While the CV and CG Zoning Districts are intended to accommodate a mixture of commercial and residential uses and to recognize the mixed-use character of many village centers in the County, residential uses allowed by special exception in such districts shall be of such scale so as to avoid conflict with existing and potential commercial uses in the district where located.

[Amended 5-1-2023]

(2) In addition to parking requirements contained in § 170-79, adequate provision shall be made for guest and recreational vehicle parking.

D. Additional standards for small contracting businesses.

(1) The minimum lot size requirement shall, in general, be five acres in resource preservation zoning districts.

(2) All off-street parking and loading areas, storage and loading areas and storage and structures which are related to such uses shall be located not less than 50 feet from any lot line.

(3) Not more than 10 persons shall be engaged in the on-site operation of the business, including part-time employees and/or proprietors.

(4) Not more than five vehicles or pieces of equipment other than automobiles and light trucks not exceeding 5,000 pounds shall be operated from the site or stored there overnight.

(5) The area covered by all structures used in connection with such a use shall not exceed a total of 5,000 square feet.

(6) The area covered by all outdoor storage in connection with such a use shall not exceed a total of 5,000 square feet.

(7) All parking, loading and open storage shall be effectively screened from view.

(8) Small contracting businesses shall include the following uses, as well as those determined by the Board to be sufficiently similar thereto in forms of type, scale and impact.

[Amended 7-3-2023]

(a) Construction and/or repair of buildings, roads, fencing and utility lines.

(b) Installation and servicing of heating, cooling and electrical equipment, flooring, painting, plumbing, roofing and tiling.

(c) Excavating.

(d) Custom farming not in conjunction with a farming operation.

E. Additional standards for cottage industries.

(1) Such uses shall be permitted as a home occupation (except as modified below). (See Article VII.)

[Amended 1-3-2007]

(2) A cottage industry shall be conducted on the same lot as contains the bona fide residence of the proprietor of the business.

(3) Not more than two persons, other than bona fide residents of the site, shall be engaged in the operation of the business, including part-time employees.

(4) Such a use shall be conducted within the dwelling of the proprietor or within a separate structure not exceeding one story or 1,000 square feet in gross area and shall, if practical, be located to the rear of the proprietor's dwelling.

(5) Except for articles produced or substantially repaired on the premises, no stock-in-trade shall be displayed, stored or sold on the premises. "Substantially repaired" shall be deemed to include only repairs adding 100% to the value of the article.

(6) No outside storage, display or sales of equipment, materials or stock-in-trade related to the business shall be allowed.

(7) Signs shall be limited to those allowed for home occupations in the zoning district where located.

(8) Off-street parking and loading for the use shall be in accordance with the provisions of Articles IX and X, in addition to that required for the dwelling unit, and shall not be located in any required yard.

F. (Reserved)[3]

[3] Editor's Note: Former Subsection F, regarding additional standards for efficiency apartments, was repealed 2-1-2021.

G. Additional standards for accessory dwelling units (ADU).

[Amended 2-4-1991; 12-7-1998; 8-7-2000; 9-7-2005; 2-1-2021]

(1) Such use shall contain not more than 1,200 square feet of living space. If such living space is in a structure (other than an otherwise permitted single-family home) that includes other accessory space, then it must be served by a separate entrance to the outside of the structure in which it is contained, and there can be no access connection between the ADU and the balance of the structure. Such use may be in a separate building constructed specifically for the use. Further, excluding renovation of existing structures, no such ADU shall be more than 200 feet from the main residence, except upon a written finding by the Board, to be recorded in the permit, that exceptional topographic conditions exist on the site (or that a negative impact on adjacent properties may be mitigated), such that varying this limit shall not act to the detriment of the public interest, upon which finding the Board may grant such separation as it deems appropriate. No ADU shall utilize a separate entrance to the property unless such entrance is already in existence. In no case shall accessory space be converted to residential occupancy, and the Board is empowered to impose such conditions as will render such conversion unlikely, including but not limited to floor plans, means of ingress/egress, etc.

[Amended 7-3-2023]

(2) There shall be no more than one accessory dwelling unit per separate parcel of land.

H. Additional standards for repair shops.

(1) Such use shall comply with § 170-71D(2) through (5) for home occupations.

(2) Such use shall be conducted within the dwelling or within a separate structure not exceeding one story or 1,000 square feet in gross area and should generally be located to the rear of the dwelling.

(3) Adequate off-street parking shall be specified and provided.

§ 170-63 Category 2: Community, Educational and Institutional Uses.

In addition to the general standards set forth in § 170-52 above, the following standards shall be complied with in Category 2, Community, Educational and Institutional Uses:

A. Standards for all community uses.

(1) No off-street parking or loading spaces shall be located within any required yard or within 25 feet of any lot line in any resource preservation or residential zoning district.

(2) In all residential districts, all off-street parking and loading areas and all swimming pools and tennis courts shall be effectively screened.

(3) No community use shall be operated on a profit-making basis, and the owner of the facility shall be a nonprofit organization or governmental agency.

B. Standards for all educational uses. All off-street parking and loading areas, swimming pools and tennis courts and similar facilities shall be effectively screened and shall not be located in any required yard in all residential and resource preservation zoning districts.

C. Additional standards for all educational uses other than preschool/day-care centers/nursery schools.

(1) No structure used for or in conjunction with the use shall be located within 100 feet of any adjoining property which is in a residential or resource preservation zoning district.

(2) The site shall have the minimum lot width for the district where it is located.

[Amended 11-6-2000]

(3) All off-street parking and loading areas, swimming pools and tennis courts and similar facilities shall be effectively screened and shall not be located in any required yard in all residential and resource preservation zoning districts.

(4) School uses in commercial zoning districts shall have such setbacks as the BZA or governing body may stipulate as necessary to protect the public health and safety.

[Added 11-6-2000]

D. Additional standards for preschool/day-care centers/nursery schools.

(1) In addition to complying with the minimum lot size requirements of the zoning district in which located, the minimum lot area shall be of such a size that 100 square feet of usable outdoor recreation area shall be provided for each child that may use the space at any one time. Such area shall be delineated on a plat submitted at the time the application is filed. For the purpose of this provision, usable outdoor recreation area shall be limited to:

(a) That area not covered by buildings or required off-street parking spaces.

(b) The area outside the limits of the required front yard.

(c) Only that area which is developable for active outdoor recreation purposes.

(2) All outdoor recreation areas shall be fully fenced.

E. Additional standards for primary schools, secondary/advanced schools and technical schools (indoor).

(1) In addition to complying with the minimum lot size requirements of the zoning district in which located, the minimum lot area for a private school of general education shall be of such size that:

(a) Two hundred square feet of usable outdoor recreation area shall be provided for each child in grades kindergarten through three that may use the space at any one time;

(b) Four hundred thirty square feet of usable outdoor recreation area shall be provided for each child in grades four through 12 that may use the space at any one time.

(2) Such usable outdoor recreation area shall be delineated on a plat submitted at the time the application is filed. For the purpose of this provision, usable outdoor recreation area shall be limited in the same manner as § 170-63D(1).

(3) All outdoor recreation areas shall be fully fenced.

F. Additional standards for technical schools (outdoor).

(1) The minimum lot size requirement shall be five acres.

(2) In the consideration of an application for such a use, both safety and such factors as noise, vibration, dust and appearance shall be taken into account and appropriate conditions shall be imposed with respect thereto.

G. Additional standards for dormitories, etc.

(1) Facilities accommodating more than 25 residents shall be located not less than 100 feet from any side or rear lot line.

(2) Facilities must be sanctioned or operated by the educational institution which the facility serves.

(3) In no case shall the density of development, as measured by two-person occupancy units (be they bedrooms, campsites, cabins, bunk beds in dormitory-style accommodations or other equivalencies), exceed two units per gross acre.

[Added 9-4-1996]

H. Standards for all institutional uses. No off-street parking or loading area shall be located within any required yard or within 25 feet of any lot line in or adjoining a residential or resource preservation zoning district.

I. Additional standards for monasteries or similar religious facilities.

(1) Uses proposed in conjunction with places of worship shall be subject to regulations applicable to such uses (e.g., schools, athletic facilities and such other facilities as determined by the Zoning Administrator), except that cemeteries and/or residence of the minister, priest, rabbi or other celebrant shall be allowed as accessory uses.

[Amended 7-7-2010]

(2) No structure used for or in conjunction with the use shall be located within 100 feet of any lot line.

(3) All parking and loading areas, swimming pools and tennis courts shall be effectively screened.

(4) In no event shall the density of development as measured in two-person-occupancy units (whether in double occupancy rooms, cabins, bunk beds in dormitory style arrangements or other means) exceed 50 units.

[Added 2-4-1991]

J. Additional standards for residential care facilities.

(1) In the consideration of an application for such a use, the concentration of such facilities shall be taken into account to prevent clustering in certain neighborhoods, thereby creating an institutional setting and changing the area's character and social structure.

(2) In granting a permit for a residential care facility, a maximum number of residents shall be established not to exceed 25. This limitation shall be based upon but not limited to the following considerations (as well as the standards as set forth in § 170-52 above):

(a) The size of the structure and of the site.

(b) The location and size of other similar facilities in the neighborhood.

(c) The density allowed and existing in the area.

(d) In no case shall the density of development, as measured by two-person occupancy units (be they bedrooms, campsites, cabins, bunk beds in dormitory-style accommodations or other equivalencies), exceed two units per gross acre.

[Added 9-4-1996]

(3) In addition to the minimum lot size requirements of the zoning district in which located, the minimum lot area for a residential care facility shall be of such size that:

(a) Three hundred square feet of usable outdoor recreation area shall be provided for each resident 17 years of age and younger.

(b) One hundred fifty square feet of usable outdoor recreation area shall be provided for each resident 18 years of age and older.

(c) Such usable outdoor recreation area shall be delineated on a plat submitted at the time the application is filed. For the purpose of this provision, usable outdoor recreation area shall be limited in the same manner as § 170-63D(1).

K. Additional standards for medical care facilities, minor or major. (Nursing facilities with less than 10 beds shall, for the purpose of this subsection, be considered minor; others are major.)

(1) [1]No structure used for or in conjunction with such use shall be located closer than 100 feet to any lot line in any residential or resource preservation zoning district.

[1] Editor's Note: Former Subsection K(1) was repealed 11-6-2000. This ordinance also renumbered former Subsection K(3) through (5) as (2) through (4), respectively.

(2) All such uses shall be designed to accommodate service vehicles with access to the building at a side or rear entrance.

(3) All off-street parking and loading areas shall be effectively screened in any residential or resource preservation zoning district.

(4) In no case shall the density of development, as measured by two-person occupancy units (be they bedrooms, campsites, cabins, bunk beds in dormitory-style accommodations or other equivalencies), exceed two units per gross acre.

[Added 9-4-1996]

§ 170-64 Category 3: Public and Quasi-Public Uses.

[Amended 9-6-1995; 12-5-2005; 1-3-2007; 7-7-2010; 7-7-2021; 2-2-2026; 3-2-2026]

Category 3, Public and Quasi-Public Uses, shall be regulated as follows:

A. Additional submission requirements. In addition to the submission requirements set forth in § 170-57 above, all applications for Category 3 public uses shall be accompanied by a statement from an official of the organization, who shall be present, giving the exact reasons for selecting the particular site as the location for the proposed facility, including any alternatives considered.

B. Additional standards for all Category 3 uses.

(1) For public uses, it shall be concluded that the proposed location of the special permit/special exception use is necessary for the rendering of efficient government services to residents of properties within the general area of the location.

(2) In or abutting the resource preservation and residential zoning districts, all open off-street parking and loading areas shall be no closer than 25 feet from any lot line and shall be effectively screened.

C. Additional standards for penal/correctional facilities.

(1) The minimum lot size requirement shall be 100 acres.

(2) The facility shall have direct access to a road designated as a primary (or higher).

(3) No structure used for or in conjunction with the use shall be located within 200 feet of any adjoining property which is in a residential or RR District, nor within 100 feet of such property in a resource preservation district.

D. Additional standards for arenas/stadiums. In addition to the general standards set forth in § 170-52 above, the following standards shall apply:

(1) The minimum lot size requirement shall be 100 acres.

(2) The road frontage requirement shall be 300 feet on a designated primary highway.

E. Additional standards for libraries and public safety facilities. The facility shall have direct access to a road designated as a primary (or higher) or be within the corporation limits of Washington.

F. Additional standards for fairgrounds.

(1) The minimum lot size requirement shall be 10 acres.

(2) The road frontage requirement shall be 300 feet on a road designated as primary (or higher).

(3) No structure used for or in conjunction with the use shall be located within 100 feet of any adjoining property in a district permitting residential uses.

G. Additional standards for conference centers without lodging. Such facilities shall in no event provide overnight accommodations. In Resource Preservation Zones, such uses shall provide facilities for groups within the following sliding scale:

(1) One to 100 persons: 10 acre minimum.

(2) One hundred one to 250 persons: 20 acre minimum.

H. Additional standards for sewage treatment or water purification facility (public or private).

(1) Private sewage treatment facilities shall be allowed only when, in the opinion of the Board, the public interest is best served by the approval of a central sewerage facility, rather than through installation of individual private systems, or connection to an existing public central sewerage system.

(2) Private sewage treatment plants for new subdivisions shall obtain all approvals as required by the Chapter 147, Subdivision of Land, of the Rappahannock County Code, as well as a special exception as required under this chapter.

I. Additional standards for electrical generating plant and facilities, renewable energy, utility.

(1) The use shall be allowed only when plants and facilities, including means of interconnection to the utility grid, do not detract from the agricultural or rural character of the County or its tourist economy or damage scenic vistas of the County as set forth in the Comprehensive Plan, with particular attention to the Goals, Principles, and Policies incorporated as Chapter 6, as well as the Future Land Use Plan, Renewable Energy Operations section incorporated within Chapter 7.

(2) In approving an application for this use, the Board shall take into account maximum height, size, and location of requested renewable energy generating facilities in relation to existing electric transmission lines, and shall include measures designed to screen or otherwise mitigate the visibility of proposed facilities from sensitive features identified in the Comprehensive Plan, including VDOT rights-of-way including scenic byways, the Shenandoah National Park, and/or historic resources (including but not limited to sites designated in the Virginia Landmarks Register and the National Register of Historic Places). The Board shall also take into account the protection of wetlands, floodplains, steep slopes, and areas of prime agricultural soils as designated in the Comprehensive Plan. The views of and vistas from these locations and adjoining properties must be protected and not be impaired or diminished by the placement of renewable energy facilities. In determining whether or not to approve or deny an application, the Board shall analyze the potential impacts from vantage points in the area, including those at higher elevations, to determine whether or not the proposed site of such facilities provides the best opportunity to minimize its visual impact on, and distraction to, people and the environment within its viewshed.

(3) The use is considered a principal use and, notwithstanding the use regulations included in § 170-38, on a case-by-case basis, the Board shall impose more stringent yard requirements, height restrictions, and screening and buffering requirements as it deems necessary and appropriate to mitigate the visual impact of, and distraction from, the proposed facilities as necessary to protect the public health, welfare, and safety consistent with the Commonwealth Energy Policy or other applicable federal, state and local codes, laws, regulations, and ordinances:

(a) In no case shall the minimum yard requirement be less than 500 feet from all lot lines and any road(s).

(b) In no case shall the parcel size be less than 500 acres.

(c) The installed facilities (solar panels, wind generation equipment, ancillary equipment, etc.) must be contained within a 100-acre contiguous area.

(d) The use shall not be located on prime agricultural soils on slopes less than 15%, which areas are depicted on Map No. 8 of the Comprehensive Plan.

(e) The use shall be on a parcel with at least 200 feet of frontage along a state-maintained road that has a minimum paved width of 20 feet along the entire length of travel to the nearest state-maintained primary road. If the use of interconnecting state-maintained roads is necessary to connect with a primary road, those roads must also have a minimum paved width of 20 feet.

(4) In addition to the requirements of Article XIV (Site Plans), the following documents and information must be provided for review:

(a) A narrative identifying the applicant, owner, and operator, and describing the proposed renewable energy project, including: an overview of the project and its location, approximate rated capacity of the renewable energy project, the approximate number, representative types and expected footprint of equipment to be constructed, and a description of ancillary facilities, including a visual rendering of equipment and ancillary facilities.

(b) Project site development and landscape plans demonstrating that the project minimizes impacts on the visual character of, and distraction to, adjoining land and viewsheds as stipulated herein.

(c) Potential impact on wildlife, especially endangered or threatened species, on the site and in any biologically significant area surrounding the site.

(d) Potential hazards to adjacent properties, public roadways, communities, and aviation, etc., and responses to such hazards.

(e) A site plan including the following information and details in addition to the requirements of Article XIV:

[1] The location and types of off-site electric utility infrastructure upgrades needed to support the use, including the location and route of off-site electrical cabling required from the use to the point of interconnection with existing electrical utility cabling and the locations and routes of existing electrical utility cabling that must be upgraded to support the use.

[2] The location of fencing and other methods of ensuring public health safety. The complete perimeter of the use shall be fenced (not within the required yard), which fence shall be a minimum of eight feet tall and be designed to preclude unauthorized entry.

[3] Depiction of required screening and buffering in scaled plan and elevation perspectives. Required screening and buffering may be placed within the established yards. The Board may accept an existing vegetation protection easement in lieu of new screening and buffering, in which case the vegetation protection easement must be provided in a form acceptable to the County Attorney and the area must be clearly shown on the site plan and a plat attached to the easement.

[4] Representative diagrams, aerial photo superposition maps, ground photographs, and other similar renderings showing the current and proposed conditions from adjacent properties, including the critical locations identified in § 170-64I(2).

[5] Proposed location and content of warning signage. Warning signage shall be placed on solar equipment and facilities to the extent appropriate. Solar equipment shall not be used for the display of advertising, except for reasonable identification of the photovoltaic equipment manufacturer or operator of the solar energy facility. All signs, flags, streamers, or similar items, both temporary and permanent, are prohibited on facilities and fencing except as follows: a) manufacturer's or installer's identification; b) warning signs and placards; c) signs that may be required by a federal agency; and d) signs that provide a twenty-four-hour emergency contact phone number and warn of any danger. Educational signs providing information about the project and the benefits of renewable energy may be allowed if a depiction of the location and content are submitted and approved as part of the site plan.

(5) A decommissioning plan identifying the process through which the site will be returned to land cover present before the renewable energy plant and facility was built shall be prepared and submitted with an application. The decommissioning plan shall include the following: 1) the anticipated life of the project; 2) the estimated decommissioning cost in current dollars; 3) how said estimate was determined; 4) the manner in which the project will be decommissioned; 5) a surety, in a form acceptable to the County Attorney, sufficient to cover the cost of decommissioning the renewable energy facility; 6) a detailed inventory of the land cover present before the permit is granted (preexisting conditions); and 7) detailed implementation procedures and timelines to remove equipment and return the site to preexisting conditions. The complete decommissioning plan shall be submitted for review concurrent with the site plan and shall be re-reviewed by the Planning Commission not less frequently than once every five years after initial approval. In addition:

(a) The decommissioning surety shall be posted prior to obtaining a land disturbance permit (LDP) for the project; or in the case of a multiphase project, a separate decommissioning surety may be submitted prior to land disturbance permitting for each individual phase of the project.

(b) The surety shall provide for the regular inspection and certification of facilities to ensure their compliance with all applicable federal, state, and local codes, laws, regulations, and ordinances as well as the decommissioning plan.

[1] A required condition of any permit granted for this use shall be the establishment of a surety in an amount determined by the Board, to secure the decommissioning of any approved facilities and the restoration of the site upon the termination of the permit, or once a facility has reached the end of its useful life, becomes obsolete, or is abandoned for a period of more than one year, whichever is earlier. Surety provisions shall be applied to the permit to the maximum extent permitted by Code of Virginia § 15.2-2241.2.

[2] The decommissioning of the facilities shall be guaranteed by surety that may include certified funds, cash escrow, bond, letter of credit, or parent guarantee, in a form acceptable to the County Attorney and in an amount determined adequate by the Board based upon an estimate of a professional engineer licensed in the Commonwealth of Virginia. The decommissioning plan must include a provision requiring the periodic review by the Zoning Administrator (not less often than annually) of the amount of such surety to ensure the amount thereof is adequate, and/or specify an automatic adjustment formula.

[3] The surety shall be sufficient to indemnify the County if it incurs costs to rectify any violations of applicable codes, or to remove obsolete or abandoned renewable energy facilities in the event the applicant, its successors or assigns, fails to comply with any condition of the permit, which the County may undertake to do if the applicant, its successors or assigns fail to do so within 90 days of notice from the Zoning Administrator of a violation of any provision of this chapter or any of the permit conditions imposed by the Board.

[4] Failure of the applicant, its successors or assigns to keep the surety in force and effect shall be a violation of the permit that renders it susceptible to revocation and enforcement proceedings as provided elsewhere in this chapter.

(6) The maximum term for any permit issued by the Board shall be 20 years.

J. Additional standards for electrical substation.

(1) In approving an application for this use, the Board shall take into account maximum height, size, and location of the electrical substation in relation to interconnecting electric transmission lines, and shall include measures designed to screen or otherwise mitigate the visibility of proposed facilities from sensitive features identified in the Comprehensive Plan, including VDOT rights-of-way including scenic byways, the Shenandoah National Park, and/or historic resources (including but not limited to sites designated in the Virginia Landmarks Register and the National Register of Historic Places). The Board shall also take into account the protection of wetlands, floodplains, steep slopes, and areas of prime agricultural soils as designated in the Comprehensive Plan. The views of and vistas from these locations and adjoining properties must be protected and not be impaired or diminished by the placement of the electrical substation. In determining whether or not to approve or deny an application, the Board shall analyze the potential impacts from vantage points in the area, including those at higher elevations, to determine whether or not the proposed site of such facilities provides the best opportunity to minimize its visual impact on, and distraction to, people and the environment within its viewshed.

(2) The use is considered a principal use and, notwithstanding the use regulations included in § 170-38, on a case-by-case basis, the Board shall impose more stringent yard requirements, height restrictions, noise restrictions, and screening and buffering requirements as it deems necessary and appropriate to mitigate the visual impact of, and distraction from, the proposed facilities as necessary to protect the public health, welfare, and safety:

(a) In no case shall the minimum yard requirement be less than 100 feet from all lot lines and any road(s) or right(s)-of-way. The Board may waive this requirement for applications seeking to expand existing electrical substations.

(b) The use shall be on a parcel with frontage along a state-maintained road that has a minimum paved width of 20 feet along the entire length of travel to the nearest state-maintained primary road. If the use of interconnecting state-maintained roads is necessary to connect with a primary road, those roads must also have a minimum paved width of 20 feet.

(c) Low-Frequency Noise Limit: In addition to standard dBA limits included in § 170-117, noise emissions from the electrical substation shall not exceed 60 dB(C) (C-weighted decibels) as measured at the property line of any adjacent Residential District. This standard is specifically adopted to minimize low-frequency vibration and indoor annoyance caused by transformers and cooling fans.

(3) In addition to the requirements of Article XIV (Site Plans), the following documents and information must be provided for review:

(a) A narrative identifying the applicant, owner, and operator, and describing the proposed project including: an overview of the project and its location, approximate rated capacity, description of ancillary facilities, and a visual rendering of equipment and ancillary facilities.

(b) Project site development and landscape plans demonstrating that the project minimizes impacts on the visual character of, and distraction to, adjoining land and viewsheds as stipulated herein.

(c) Potential hazards to adjacent properties, public roadways, communities, and aviation, etc., and responses to such hazards.

(d) A site plan including the following information and details in addition to the requirements of Article XIV:

[1] The location and types of off-site electric utility infrastructure upgrades needed to support the use, including the location and route of off-site electrical cabling required from the use to the point of interconnection with existing electrical utility cabling and the locations and routes of existing electrical utility cabling that must be upgraded to support the use.

[2] The location of fencing and other methods of ensuring public health safety. The complete perimeter of the use shall be fenced (not within the required yard), which fence shall be a minimum of eight feet tall and be designed to preclude unauthorized entry.

[3] Depiction of required screening and buffering in scaled plan and elevation perspectives. Required screening and buffering may be placed within the established yards. The Board may accept an existing vegetation protection easement in lieu of new screening and buffering, in which case the vegetation protection easement must be provided in a form acceptable to the County Attorney and the area must be clearly shown on the site plan and a plat attached to the easement.

[4] Representative diagrams, aerial photo superposition maps, ground photographs, and other similar renderings showing the current and proposed conditions from adjacent properties, including the critical locations identified in § 170-64J(1).

§ 170-65 Category 4: Recreation and Amusement.

[Amended 2-4-1991; 7-6-1994; 9-6-1995; 9-4-1996; 12-2-2013; 6-6-2022; 7-3-2023; 2-2-2026]

In addition to the general standards set forth in § 170-52, the following standards shall apply to Category 4, Recreation and Amusement:

A. Standards for all Category 4 uses. No off-street parking or loading space shall be located within 50 feet of any adjoining property that is in a residential zoning district.

B. Additional standards for country clubs/golf courses, public or private.

(1) The minimum acreage requirement shall be 150 acres, which acreage may not be used to calculate residential development density. This provision may be waived for golf courses of less than 18 holes, provided said courses are not accompanied by residential development.

(2) No structure used in connection with the use shall be located closer than 200 feet to any lot line. In addition, all greens and fairways shall be located no closer than 150 feet from all adjoining property lines and public road rights-of-way held by the Virginia Department of Transportation. This provision may be waived for golf courses of less than 18 holes, provided said courses are not accompanied by residential development and are otherwise designed to minimize impacts to the adjacent properties and the environment.

(3) The applicant shall prepare and submit groundwater modeling or hydrogeologic data sufficient to determine groundwater quality and quantity, in order to evaluate the effect of the proposed use on such supplies. Such evaluation may have as its purpose both an analysis of present nutrient and pesticide loads on water supplies as well as projections of future loadings of these materials.

C. Additional standards for swimming/tennis (racquet) facilities, public or private.

(1) The minimum lot size requirement shall be 10 acres.

(2) No building used for or in conjunction with the use shall be located within 100 feet of any adjoining property which is in any residential zoning district.

D. Additional standards for firing range facilities (indoor or outdoor).

(1) The range shall be designed and constructed so that it is not possible for a shell or bullet to escape from the range property as a result of firing from the firing line/area. Additionally, the range shall be designed and constructed so that ricochets cannot escape from the range property.

(2) Prior to approval of any application by the Board, range regulations must be approved by the Zoning Administrator.

(3) No portion of the range shall be located closer than 500 feet to any property line; provided, however, that the Board may increase the distance after taking into consideration the physical characteristics of the property and the proposed firing range.

(4) Compliance with the requirements of Subsection D(1) above shall be certified by a person(s) or firm(s) qualified in the field.

(5) All berms or barriers exceeding five feet in height will be suitably landscaped so that they do not detract from and are in keeping with the existing character of the surrounding area.

(6) Prior to the issuance of an occupancy permit or final inspection, the applicant shall submit certified results of safety testing and sound testing showing said results to be in compliance with this article and other applicable provisions of this chapter. The applicant shall comply with all performance standards specified in Article XIII of this chapter.

(7) The owner of the land and the operator, if different from the owner, shall sign a statement that the range will be operated in accordance with the approved range regulations and conditions of the permit and that any violation thereof, as determined by the Zoning Administrator, shall constitute sufficient cause for the Zoning Administrator to order the range closed and revoke the permit.

(8) The permit will be granted initially for a maximum of one year from the date of the granting of the occupancy permit and shall be extended automatically and without further action on the part of the Board for additional periods of not more than three years each, provided that the Zoning Administrator finds that the range operation complies with all range regulations, all conditions of the permit and with all of the requirements of this article.

(9) The permit shall be void upon any change of ownership unless Subsection D(7) above is complied with by the owner's transferee.

(10) In order to discourage trespassing or illegal use of the range, a security chain link fence of at least eight feet in height shall be constructed around the perimeter of the firing range and posted with signs approved by the Zoning Administrator.

(11) Safety regulations shall include provisions relative to storage of ammunition on the range and in any accessory building(s).

E. (Reserved)

F. Additional standards for tent campground.

(1) The minimum acreage requirement shall be 20 acres.

(2) Recreational vehicles are not allowed.

(3) With the exception of existing by-right structures, the only permanent structures allowed are a single house occupied by the resident owner or manager, bath facilities, picnic facilities, or such structures that are usual and customary for the use of tent campers.

(4) Private roads or public roads other than primary or state secondary roads serving tent campgrounds shall meet the standards for Type II roads set forth in §§ 170-86 and 170-87 and as shown in Appendix A to the Rappahannock County Subdivision Ordinance (Chapter 147, § 147-54).

(5) No structure or campsite shall be located closer than 100 feet to any parcel boundary.

(6) No permit shall be issued for such a use until the applicant has furnished evidence that the proposed development meets all applicable state and local health requirements.

(7) Density shall not exceed four campsites per acre.

(8) Tent sites shall not be occupied by the same occupants for more than 30 consecutive days.

G. Additional standards for recreational vehicle park.

(1) Both tents and recreational vehicle campers can be accommodated.

(2) Each park may provide electrical outlets at each individual site, one or more central sanitary stations and bath facilities.

(3) The road frontage requirement shall be 200 feet on a hard surface public road with a minimum hard surfaced width of 20 feet from the site entrance to the nearest VDOT primary roadway. Applications shall include a traffic management plan indicating the number and types of vehicles normally using the site, and describing the existing road geometry including surface treatment, width, and horizontal and vertical curves along the traveled route between the site and the nearest primary highway.

(a) Proposed vehicular entrances to public roadways shall be adequate to accommodate the vehicles normally using them, and be of sufficient design and size so as not to impede the travelling public.

(b) Roads leading from the public road into the site must be sufficient in width, and of sufficient geometry, to allow two of the vehicles normally using the road to pass each other in opposite directions simultaneously.

(4) Accessory commercial uses are permitted, exclusively for the use of campers (e.g., coin-operated laundry, convenience store, etc.).

(5) Density shall not exceed three camping sites per acre.

(6) The minimum acreage requirement shall be 20 acres.

(7) No structure, campsite or athletic facility shall be located closer than 100 feet to any parcel boundary.

(8) No permit shall be issued for such a use until the applicant has furnished evidence that the proposed development meets all applicable state and local health requirements.

(9) The only permanent residential occupancy allowed shall be for the resident owner or manager; no other may reside in the recreational vehicle park for a period exceeding 30 days.

H. Additional standards for equestrian facilities, including boarding and instruction (nonspectator).

(1) No facilities or activities intended for spectators are allowed.

(2) The minimum lot size requirement shall be five acres.

(3) No structure associated with a riding or boarding stable or indoor riding facility shall be located closer than 100 feet to any lot line.

I. Additional standards for equestrian facilities, including boarding and instruction (spectator uses).

(1) The minimum lot size requirement shall be 25 acres.

(2) The road frontage requirements shall be 300 feet on a road designated as a primary highway.

(3) No structure, riding rink or course, spectator facility or parking area shall be located closer than 100 feet to any lot line.

J. Additional standards for drive-in or outdoor theaters.

(1) The minimum lot size requirement shall be five acres.

(2) The road frontage requirement shall be 300 feet on a road designated as a primary highway.

(3) No structure used for or in conjunction with the use shall be located within 500 feet of any adjoining property which is in a residential zoning district.

K. Additional standards for golf driving ranges.

(1) No structure used in connection with the use shall be located closer than 100 feet to any lot line.

(2) The minimum lot size requirement shall be 10 acres.

L. Dance, music or performing arts studios for profit.

(1) No such studio shall be located in any structure that does not conform to the setback requirements of the applicable zoning district.

(2) The studio shall be so designed so as to preclude the emanation of noise beyond any property line.

(3) In the residential and resource preservation zoning districts, the use shall be conducted in buildings with the exterior appearance of residential structures and normal accessory structures.

M. Additional standards for swimming/tennis facility, public or private club. Such facilities shall be located on a minimum of 25 acres, and all recreational facilities shall be set back a minimum of 100 feet from all adjacent properties.

N. (Reserved)

O. Additional standards for limited golf driving ranges.

(1) No lighting (fixed or portable) shall be used in association with the use.

(2) No containment netting or other barriers shall be used in association with the use.

(3) No structure shall be constructed or used in association with the use that exceeds 10 feet in height above the ground surface or exceeds 1,200 square feet in area.

(4) No more than one concurrent user per acre (based on the parcel size) up to 35 users maximum.

(5) The minimum lot size requirement shall be 25 acres.

(6) The sale of food and provision of commercial entertainment are prohibited in association with the use.

(7) Amplified sounds are prohibited in association with the use.

§ 170-66 Category 5: Commercial, Retail and Business Uses.

[Amended 7-6-1987; 9-19-1988; 11-7-1988; 8-4-1997; 11-6-2000; 5-7-2007; 2-1-2021; 5-1-2023; 7-3-2023; 3-4-2024; 5-5-2025; 2-2-2026]

Category 5, Commercial, Retail and Business Uses, shall be regulated as follows:

A. Additional standards for kennels.

(1) The minimum lot size requirement shall be two acres.

(2) No structure for the confinement, care or breeding of dogs and no associated structure shall be located closer than 75 feet to any lot line, except that this requirement shall not apply to structures which are completely enclosed, adequately soundproofed and constructed so that there will be no emission of odor or noise detrimental to other properties in the area.

(3) All dogs shall be kept in pens designed and maintained to secure confinement.

(4) In consideration of an application for a permit, the Board shall take into account the numbers and kinds of dogs proposed to be kept and the characteristics thereof and may prescribe conditions with respect thereto.

(5) Maximum of 10 dogs per acre.

B. Additional standards for veterinary clinics. In commercial zoning districts, all such facilities shall be within a completely enclosed building, such building being adequately soundproofed and constructed so that there will be no emission of odor or noise detrimental to other properties in the area.

C. Additional standards for funeral homes.

(1) All such facilities shall be on land fronting on and with direct access to a road designated as primary.

(2) Driveways and/or service drives shall be provided with direct but limited access to such major thoroughfare [Subsection C(1) above] for the purpose of forming funeral processions so as not to impede traffic in the area.

D. Additional standards for farm supply/service establishments and building material sales. All such facilities shall be on land fronting on and with direct access to a road designated as primary.

E. Additional standards for offices, professional, including clinics, less than three persons employed.

(1) Not more than three persons may be engaged in the operation of the office, including part-time employees and/or professionals [except that in the case of properties lying within the General Commercial Overlay (GCO) zone, where there shall be no limit on the number of employees and/or professionals engaged in the operation of the office].

(2) The building so used shall have the exterior appearance of a residential structure of a type allowed in the zoning district in which located.

(3) Each use in multifamily structures shall be located only in end units of townhouse structures or on the lowest floor of other multifamily structures.

(4) Office hours shall be limited to the period between 8:30 a.m. and 8:00 p.m., Monday through Saturday. Offices may be open at other times only under such conditions as the Board may stipulate.

(5) Off-street parking for the office shall be provided in accordance with the provisions of Article IX in addition to that required for the dwelling units unless the office hours are limited to the period between 9:00 a.m. and 4:00 p.m.

(6) In the residential zoning districts, no off-street parking space shall be located in any required front yard, and all parking spaces accessory to the use shall be screened so that they are not visible from the first-story window level of adjoining property.

F. Additional standards for barber/beauty shops in residential and resource preservation zoning districts. Such uses shall comply with the use limitations set forth in § 170-71D.

G. Additional standards for car washes and auto service stations.

(1) Such uses shall be located and designed so that vehicular circulation shall not conflict with traffic movements in adjacent streets, service drives, driveways and/or parking areas.

(2) An applicant for a car wash to be served by a public water system shall present a statement by the water system operator that sufficient water capacity is available.

(a) Such uses shall be an integral design element of a site plan for a shopping center containing no less than 30,000 feet of gross floor area.

(b) Such uses shall have no separate and exclusive curb cut access to the abutting highway.

(3) Auto service stations shall not be used for the performance of major repairs and shall not include the outdoor storage of more than two abandoned, wrecked or inoperable vehicles on the site for more than 72 hours, subject to the limitation that there shall be no dismantling, wrecking or sale of said vehicles or parts(s) thereof. Service stations shall not include any ancillary use such as vehicular or tool rental and shall be limited to the servicing and retail sales of products used primarily by passenger vehicles.

(4) Waste disposal shall be approved by the Health Department.

H. Additional standards for junkyards.

(1) Such uses shall be located with direct access to a road designated as primary.

(2) No storage shall be located in any required yard.

(3) Such a use shall be located so that it can be effectively screened from all public streets and land located in any residential or resource preservation zoning district and shall be so screened.

(4) Parking and loading areas shall be provided in accordance with the provisions of Articles IX and X and shall be suited to the type of business conducted (i.e., wholesale versus retail).

I. Additional standards for automobile sales, rental and service establishments.

(1) Outdoor storage, parking and display areas shall be permitted only on the same lot with the ancillary to a sales room, rental office or service facility, and which shall be entirely enclosed on all sides.

(2) The outdoor area devoted to storage, loading, parking and display of goods shall be limited to that area so designated on an approved site plan. Such areas shall not be used for the storage or display of vehicles that are not in operating condition.

(3) Notwithstanding the bulk regulations of the zoning district in which located, any such outdoor area that is located on the ground and is open to the sky may be located in any required yard but not nearer to any front line than 10 feet.

(4) All such uses shall be provided with safe and convenient access to a public street. If any outdoor area is located contiguous to a street, ingress and egress shall be provided only through driveway openings in the curb or similarly controlled by other means appropriate to the design of the abutting street.

(5) All outdoor areas used for parking, storage, loading, display and driveways shall be constructed and maintained with an all-weather dustless surface.

(6) All lighting fixtures used to illuminate such outdoor areas shall be designed to comply with the performance standards as to glare of the zoning district in which such facility is located. Such facilities shall not be lighted at any time other than during the same hours that the facility is open for business, except for necessary security lighting.

J. Additional standards for mobile home sales, rental and service establishments. In a mobile home park district, such a use may be conducted only in conjunction with and on the same site with a mobile home park. Further, the number of units located on the site for the purpose of sales, service or storage (unoccupied) shall not exceed 10% of the approved mobile home spaces in the park or five mobile homes, whichever is greater.

K. Additional standards for tourist homes and bed-and-breakfasts.

(1) Such a use may provide accommodations for not more than 10 transient occupants in not more than five rooms classified as "lodging units" under Virginia Administrative Code 12VAC5-431-10.

(2) Off-street parking for the use shall be in accordance with the provisions of Article IX, shall not be located in any required front yard and shall be effectively screened.

(3) In residential and resource preservation zoning districts, any building(s) to be constructed shall not be more than two stories and have the exterior appearance of a single-family residence and normal residential accessory structures.

(4) In A and C Zones, the minimum acreage requirement for tourist homes and bed-and-breakfasts shall be 10 acres and 20 acres.

(5) Bed-and-breakfasts and tourist homes shall be authorized to serve meals only in numbers equivalent to the approved number of overnight accommodations.

(6) Private roads or public roads other than primary or state secondary roads serving tourist homes and bed-and-breakfasts shall meet the standards for Type II roads set forth in §§ 170-86 and 170-87 and as shown in Appendix A to the Rappahannock County Subdivision Ordinance (Chapter 147, § 147-54).

(7) Issuance by the Zoning Administrator of a special exception shall be conditioned upon the applicant obtaining any license as may be required by 12VAC5-431-180 and furnishing evidence that the proposed use meets all applicable state and local health requirements.

(8) Issuance of a special exception shall be conditioned upon the applicant obtaining a VDOT entrance permit as required by Road Design Manual, Appendix F, 24VAC30-73-40 and 24VAC30-73-60 and other applicable state law or regulation or otherwise complying with VDOT requirements.

(9) The Zoning Administrator shall not accept a special exception application for tourist homes unless the applicant/owner has owned the subject parcel for a period of not less than two years.

(10) The BZA or Board may impose additional appropriate conditions to ensure that the permitted use shall not generate noise, vibration, glare, odors, or other effects that unreasonably interfere with any adjoining landowner's enjoyment of his property or residence, including but not limited to:

(a) The maximum number of adults permitted at any one time shall not exceed twice the number of lodging units;

(b) Lodgers shall be notified of any applicable local noise ordinances and that violation of any such ordinance may result in fines and penalties;

(c) The operator shall post or provide within the residential dwelling unit a clearly visible list of emergency information and the location of fire extinguishers or pull fire alarms in the residential dwelling unit offered for limited residential lodging purposes and the common areas of the building;

(d) The operator shall ensure that each unit is equipped with functioning smoke and fire detection systems and carbon monoxide alarms as required by applicable law and codes for the residential dwelling unit; and

(e) The operator shall provide evidence that he has no less than $500,000 of liability insurance covering the limited residential lodging use or that each limited residential lodging use is conducted through a hosting platform that provides equal or greater coverage for such use.

L. Additional standards for antique shops. The following standards apply to antique shops located in resource preservation and residential districts:

(1) Any building so used shall be the residence of the proprietor or an accessory building thereto.

(2) There shall be no outdoor display of goods or merchandise.

(3) Adequate off-street parking shall be provided and shall not occupy any required yard.

(4) Employees shall be limited to residents of the dwelling.

M. Additional standards for seasonal wayside stands (off-site).

(1) Such use shall be primarily involved with the sale of local farm products and is open for business a maximum of eight months in each calendar year.

(2) Signs shall be displayed only during open season and shall comply with the provisions of Article XII for Commercial Zones.

(3) Off-street parking shall be adequate and the entrance location approved by the Virginia Department of Transportation.

(4) Permanent structures shall meet setback requirements of Article IV.

N. Additional standards for taxidermy operations.

(1) Such use shall be conducted in accordance with all applicable regulations of the Virginia Commission of Game and Inland Fisheries and the United States Fish and Wildlife Service, as appropriate.

(2) Sign(s) shall comply with the provisions of Article XII, § 170-106A, Home occupation signs.

(3) Provision shall be made for the safe, sanitary and efficient disposal of all fish and game, hides, carcasses and/or offal (as well as the effective screening of the same), such that noxious odor shall not impact on adjoining landowners.

(4) A complete list of any and all chemicals to be used in the preservation process shall be made available to the Planning Commission and Board of Zoning Appeals.

O. Additional standards for spas.

(1) Such use shall not be approved unless the applicant has a valid license under Title 18, Chapter 70, of the Virginia Administrative Code, as the same may be hereafter amended, if one is required, or a variance under 12VAC5-462-170 if applicable.

(2) Off-street parking for the use shall be in accordance with the provisions of Article IX, shall not be located in any required yard and shall be effectively screened.

(3) Must be located on a state-maintained secondary or primary road.

(4) Issuance of a special exception shall be conditioned upon the applicant obtaining a VDOT entrance permit as required by Road Design Manual, Appendix F, 24VAC30-73-40 and 24VAC30-73-60 and other applicable state law or regulation or otherwise complying with VDOT requirements.

(5) The Board may impose additional appropriate conditions to ensure that the permitted use shall not generate noise or other effects that unreasonably interfere with any adjoining landowner's enjoyment of his property or residence, including but not limited to hours of operation.

P. Additional standards for contractor's office/shop/yard.

(1) The minimum lot size shall be 10 acres in an allowable zoning district.

(2) The minimum yard requirements shall be: 200 feet front, side and rear.

(3) All material, goods, supplies, parts, vehicles, pieces of equipment stored or found on the site must be limited to things that are customarily used in the contractor's ordinary course of business.

(4) All material, goods, parts, or supplies stored or found on the site must be fit for their intended uses.

(5) No junk, or inoperable vehicles, or inoperable equipment may be stored on the site.

(6) The combination of vehicles and pieces of equipment stored on the site must be appropriate for the particular site when considering their type and number.

(a) For the purposes of this section only, "pieces of equipment" means those things that are motorized, self-propelled, or towed and used in the ordinary course of the contractors business.

(7) The total area used for outdoor storage in connection to this use shall not exceed 20,000 square feet.

(8) Upon the request of the Administrator, Commission, or Board of Supervisors applications shall include a light, noise, dust, vermin, fumes/smoke and odors mitigation plan, as well as plans for on-site fire suppression, and on-site chemical spills emergency mitigation plan.

(9) The total area used for all structures used in connection with such a use shall not exceed 10,000 square feet.

(10) The site shall not be open to the public or customers unless the authorizing special exception specifically deems their access to be acceptable due to mitigating factors put in place by the use.

(11) Upon request of the Administrator, Commission, or Board of Supervisors applications shall include a traffic management plan indicating the number and types of vehicles normally using the site, and describing the existing road geometry including surface treatment, width, and horizontal and vertical curves along the traveled route between the site and the nearest primary highway.

(a) Proposed vehicular entrances to public roadways shall be adequate to accommodate the vehicles normally using them, and be of sufficient design and size so as not to impede the travelling public.

(b) Roads leading from the public road into the site must be sufficient in width, and of sufficient geometry, to allow two of the vehicles normally using the road to pass each other in opposite directions simultaneously.

(c) If access to the proposed use is from a private road, the private road right-of-way must be 50 feet wide from the connecting public road to the site entrance.

Q. Additional standards for country inns, retreats or lodges.

(1) The minimum acreage requirement shall be 20 acres.

(2) No structure or campsite or athletic facility shall be located closer than 100 feet to any parcel boundary.

(3) All parking and loading areas, swimming pools and tennis courts shall be effectively screened.

(4) No permit shall be issued for such a use until the applicant has furnished evidence that the proposed development meets all applicable state and local health requirements.

(5) In no case shall the density of development, as measured by two-person occupancy units (be they bedrooms, campsites, cabins, bunk beds in dormitory-style accommodations or other equivalencies) exceed eight units per 25 gross acres.

(6) Country inns, retreats or lodges shall not exceed a maximum of 20 units of accommodations.

(7) Upon request of the Administrator, Commission, or Board of Supervisors applications shall include a traffic management plan indicating the number and types of vehicles normally using the site, and describing the existing road geometry including surface treatment, width, and horizontal and vertical curves along the traveled route between the site and the nearest primary highway.

(a) Proposed vehicular entrances to public roadways shall be adequate to accommodate the vehicles normally using them, and be of sufficient design and size so as not to impede the travelling public.

(b) Roads leading from the public road network into the site must be sufficient in width, and of sufficient geometry, to allow two of the vehicles normally using the road to pass each other in opposite directions simultaneously.

(c) Access route surface requirement:

[1] Uses with up to seven transient lodging rooms/units shall have direct access to the public road network, which may include gravel surfaced public roads.

[2] Uses with eight or more transient lodging rooms/units shall have direct access to the hard-surfaced public road network and not require access by gravel surfaced roads.

R. Additional standards for conference centers with lodging.

(1) The minimum acreage requirement shall be 20 acres.

(2) All parking and loading areas, swimming pools and tennis courts shall be effectively screened.

(3) In no case shall the density of development, as measured by two-person occupancy units (be they bedrooms, campsites, cabins, bunk beds in dormitory-style accommodations or other equivalencies) exceed eight units per 25 gross acres.

(4) No structure accessible to guests of the facility shall be located closer than 100 feet to any parcel boundary.

(5) No permit shall be issued for such a use until the applicant has furnished evidence that the proposed development meets all applicable state and local health requirements, as well as been reviewed by such other agencies as may have jurisdiction.

(6) Upon request of the Administrator, Commission, or Board of Supervisors applications shall include a traffic management plan indicating the number and types of vehicles normally using the site, and describing the existing road geometry including surface treatment, width, and horizontal and vertical curves along the traveled route between the site and the nearest primary highway.

(a) Proposed vehicular entrances to public roadways shall be adequate to accommodate the vehicles normally using them, and be of sufficient design and size so as not to impede the travelling public.

(b) Roads leading from the public road into the site must be sufficient in width, and of sufficient geometry, to allow two of the vehicles normally using the road to pass each other in opposite directions simultaneously.

(c) Use shall have direct access to the hard-surfaced public road network and not require access by gravel surfaced roads.

§ 170-67 Category 6: Wholesaling and Industrial Uses; Nonagriculture.

In addition to the general standards set forth in § 170-52, the following standards shall apply to Category 6, Wholesaling and Industrial Uses; Nonagriculture:

A. Additional standards for warehousing and wholesale trade establishments.

(1) Such uses shall have direct access to a primary or major secondary road.

(2) All outside storage areas shall be designated on the site plan, effectively screened and not be in any required yard.

(3) Such uses shall be compatible with the continuance of adjacent uses.

B. Additional standards for petroleum products, bulk storage and distribution.

(1) Petroleum storage shall be at least 200 feet from all property lines and not less than 500 feet from an existing dwelling on an adjacent property.

(2) All petroleum storage shall be underground or surrounded by a berm that will contain the spillage from a full tank.

C. Additional standards for heavy industrial uses.

(1) Heavy industrial uses shall include:

	Ammonia, bleaching powder or chlorine manufacture
	Asphalt mixing plants
	Bag cleaning establishments
	Blast furnaces
	Boiler works
	Concrete mixing or batching plants
	Distillation of coal, wood or bones
	Distillation of turpentine or varnish
	Emery cloth manufacture
	Fertilizer manufacture
	Fireworks or explosives manufacture or storage
	Fish canning, curbing, grinding or smoking
	Garbage incineration other than in municipal plants or incidental to the operation of hotels or eating establishments.
	Glue, size or gelatin manufacture
	Grinding, cooking, boiling, rendering or storage of slaughterhouse refuse, animal refuse, rancid fats or refuse of dead animals
	Iron, steel or copper works for foundries
	Junkyards
	Lime, cement, gypsum or plaster of paris manufacture
	Manufacture of concrete or mortar
	Petroleum or asphalt refining or manufacture
	Pyroxylin of charcoal or coal
	Pulverizing of charcoal or coal
	Smelting of iron
	Soap manufacture
	Stockyards
	Sulphuric, nitric or hydrochloric acid manufacture
	Tanning, curing or storing of raw hides or skins
	Tetrethyl lead precipitate or liquid manufacture
	Vinegar manufacture
	Wool pulling and scouring
	Yeast plants
	Any other similar use which, in the opinion of the Zoning Administrator, might be injurious or noxious by reason of odor, fumes, dust, smoke, vibration, noise or other cause

(2) Each applicant for a heavy industrial use shall provide with his application an evaluation (by a person or firm qualified to make such evaluations) that indicates how the proposed use can be made to comply with the applicable performance standards in Article XIII.

(3) The Board may, in approving a special exception for a heavy industrial use, establish additional yard requirements, transitional yards, screening and other standards that, in the opinion of the Board, will effect compatibility with the surrounding community.

D. Additional standards and submission requirements for mining, quarrying and mineral processing.

(1) Submission requirements shall be as follows:

(a) A detailed plan of the proposed use and a narrative explanation of the applicant's development proposal indicating:

[1] The uses, facilities and equipment to be located on the tract in connection with the proposed use.

[2] Proposed roads (including surfacing) and entrances to state roads.

[3] Documented proof that all performance standards can be met.

(2) Standards.

(a) No blasting shall be permitted except in conjunction with a permit for stone quarrying.

(b) Blasting vibration shall be limited to a maximum resultant peak particle velocity of 1.5 inches per second in the earth as measured at any occupied structure not on quarry property. In addition, the Board may further limit such blasting vibration where, in its opinion, the density of population in the area warrants additional protection.

(c) Earth vibration produced from sources other than blasting shall not exceed zero and five-hundredths (0.05) inches per second at any occupied structure not on the subject property.

(d) The peak overpressure (noise) from any blast shall be limited to 0.0092 pounds per square inch (130 decibels) at any occupied structure not on the subject property.

(e) Airborne noise produced from sources other than blasting shall not exceed, at any structure not on the subject property, 10 dB(A) above the ambient in residential zoning districts and/or 16 dB(A) in commercial zoning districts.

(f) The minimum lot size requirement shall be 100 acres.

(g) Sales and distribution shall be predominately of materials extracted on-site.

(h) No activity, use, facilities, equipment, structure or storage, with the exception of offices, shall be located within 300 feet of any lot line.

(i) Offices shall include only those buildings devoted solely to office/administrative uses and shall be located not less than 100 feet from any lot line.

(j) All operations shall be limited to the period between 8:00 a.m. and 8:00 p.m. or such period as established by the Board.

(k) Such use shall have direct access to a state-maintained road adequate to the size and type of use.

(l) The Board may require such screening, planting, fencing, preservation of trees, construction of berms, entrances or any other requirement which will ensure the minimal impact of the use on the surrounding uses, including the use of public roads in the vicinity.

E. Additional standards for breweries and distilleries.

[Added 1-8-2003]

(1) "Bus tours" are the prearranged uses of busses to transport people to and from any brewery, or distillery for the purpose of viewing the facilities, becoming educated in the processes and production methods used, or purchasing, tasting or sampling the alcoholic product. The uses of brewery and distillery shall include the right to have one bus tour per month, each bus tour to consist of no more than two buses. For all bus tours in excess of these allowed by right, a special exception shall be obtained. The special exception, in addition to any conditions permitted elsewhere in this Code, may regulate bus tours by size, frequency, time of year, duration, route of travel, number of passengers and parking. The special exception may permit multiple bus tours with varying conditions on one permit.

[Amended 5-1-2023]

§ 170-68 Category 7: Agriculture, Horticulture and Associated Uses.

In addition to the general standards set forth in § 170-52, the following standards shall apply to Category 7, Agriculture, Horticulture and Associated Uses:

A. Additional standards for all Category 7 uses.

(1) All uses with retail sales of a year-round nature shall have access to a paved secondary street unless it is determined that the traffic volume generated will not exceed an average of 10 vehicles per day.

(2) The use shall not be detrimental to the continuance of any adjacent agricultural, horticultural or forestry operation.

(3) All required State Health Department and/or State Water Control Board permits shall be obtained, and the conditions thereof shall become a condition of the special permit or special exception.

B. Additional standards for distillation of industrial alcohol (ethanol) in conjunction with a farming operation.

(1) All such ethanol shall be used on the farm upon which it is produced or, if for sale, must be produced from farm crops grown on the farm.

(2) The Air Pollution Control Board shall be given the opportunity to comment on the application.

C. Additional standards for wineries and farm wineries.

[Added 1-8-2003]

(1) "Bus tours" are the prearranged uses of buses to transport people to and from any winery or farm winery, for the purpose of viewing the facilities, becoming educated in the processes and production methods used, or purchasing, tasting or sampling the alcoholic product. The uses of winery and farm winery, shall include the right to have one bus tour per month, each bus tour to consist of no more than two buses. For all bus tours in excess of these allowed by right, a special exception shall be obtained. The special exception, in addition to any conditions permitted elsewhere in this Code, may regulate bus tours by size, frequency, time of year, duration, route of travel, number of passengers and parking. The special exception may permit multiple bus tours with varying conditions on one permit.

D. Additional standards for biosolids storage facilities:

[Added 8-6-2007]

(1) The tract of land on which the facility is located shall consist of a minimum of 100 acres.

(2) The structure which contains the biosolids shall be constructed on a concrete slab, with containment walls of impervious material such as a continuous concrete or a metal tank, and is referred to as the “containment vessel.” The containment vessel shall be constructed so that no liquid can escape and no rainwater may enter. Lagoon storage is not permitted.

(3) The site plan shall show all facilities as well as the access route to be used by vehicles entering and leaving the site. The Board may condition the special exception on a specified schedule and truck route.

(4) Only one containment vessel shall be allowed per site, not to exceed a capacity of 120,000 cubic feet.

(5) The containment vessel shall be at least 400 yards from the nearest property line, unless that adjoining property owner gives written consent, and 400 yards from any stream or other water body from which water flows onto the property of another. The containment vessel shall not be visible from any adjacent property unless the owners thereof consent in writing.

(6) The containment vessel shall be surrounded by an earthen berm or ditch sufficient to contain the entire volume of the containment vessel.

(7) The application for the special exception shall be signed by all owners of the property on which the facility is to be located and on which any access road is located, as well as the entity which will be storing the biosolids (the "permittee"), and shall contain a statement that each of them will comply with all laws, regulations and permits concerning the storage of biosolids. These persons are collectively referred to as the "applicant."

(8) Any special exception shall be conditioned upon the issuance of all necessary permits by the Commonwealth of Virginia. If such permits are not obtained within six months of the date of approval of the special exception, the special exception shall become void. If a permit is revoked by proper governmental authority or invalidated in any court or administrative proceeding, the special exception shall automatically become void at the same time.

(9) The applicant shall throughout the term of the special exception maintain liability insurance in the amount of a minimum of $1,000,000 and shall be responsible to clean up any spills and for any damage to the environment or the person or property of others caused by its activities.

(10) Upon transfer of the property on which the facilities are located, the special exception shall automatically expire but may be reapplied for by the new owners upon satisfaction of this Subsection D.

(11) The applicant shall show that there is suitable sight distance and turning area for truck traffic entering and leaving the property, that the roads leading to the property are suitable for trucks of the size and weight to be used, that trucks have sufficient area within the property to park while on- or off-loading biosolids, and that all necessary VDOT entrance permits have been obtained.

(12) The applicant shall provide a written plan to address complaints by neighbors as to odor and spills.

(13) If the applicant violates the special exception, the Zoning Administrator may issue a cease and desist order whereupon no further activities shall be conducted at the site except for those approved by the Zoning Administrator to cure the violation. If the violation is not cured within 30 days, the Board of Supervisors may hold a public hearing upon 14 days’ notice to the applicant, and if by that time the violation continues, the Board may revoke the special exception, whereupon all biosolids shall be removed from the site within 30 days and all spills cleaned up and contaminated soil removed within 60 days, weather permitting.

(14) The applicant shall be responsible to the County for any expenses of the County incurred to perform a duty of the applicant or to cure a violation.

(15) All trucks transporting biosolids to and from the site shall be designed so as not to allow any material to escape nor water to enter the biosolids and shall display the name, address and telephone number of the hauler. If any material does escape, the applicant shall respond to the location and clean up the biosolids within eight hours.

(16) The applicant shall at all times furnish the Zoning Administrator with the name, mailing address and e-mail address of a contact person who can receive notices to the applicant and who is responsible for responding to problems.

(17) The applicant shall notify the Zoning Administrator when the use of the facility will begin and of any delivery schedule. The Zoning Administrator, the local monitor and other necessary persons designated by them shall have access to the facilities throughout the term of the special exception for the purpose of inspecting the facilities and the testing of biosolids.

(18) All biosolids stored shall be for application only in Rappahannock County and shall conform to all County, state and federal laws to be suitable for land application.

§ 170-69 Category 8: Miscellaneous Uses.

In addition to the general standards set forth in § 170-52, the following standards shall apply to Category 8, Miscellaneous Uses:

A. Additional standards for cemeteries, non-church-related. (Note: This use includes human and animal cemeteries.) All uses shall comply with applicable provisions of the Code of Virginia. (See specifically Chapter 3 of Title 57.)

B. Additional standards for adaptive uses of nonresidential structures that existed on December 1, 1986, the effective date of the Zoning Ordinance.

[Amended 11-6-1989; 2-1-2021]

(1) The adaptive use of an existing structure is allowed by special exception issued by the Board of Supervisors (Board) in any zoning district and for any use authorized by this chapter, provided the new use meets the standards of this Article VI. If a structure is determined to qualify for an adaptive use, the permit authorizing such use shall be referred to as an "existing structure use permit" (permit). Adaptive use shall not apply to existing residential structures.

(2) The purposes for adaptive uses are:

(a) To encourage the reuse of existing structures, thereby preventing their abandonment and becoming nuisances;

(b) To increase the value of the property on which the structure is located, as well as that of surrounding properties, and therefore the tax base;

(c) To minimize the need for rezonings that could result in broader by-right uses than those allowed by special exception;

(d) To tailor uses through the use of restrictions and conditions to suit their surroundings;

(e) To avoid redundant construction when an existing structure can serve the same purpose;

(f) To preserve buildings of architectural or historical significance;

(g) To allow property owners to undertake the preservation or rehabilitation of existing structures at their own cost;

(h) To allow a use that will result in the repair and safe use of a structure that would otherwise be in danger of collapse, of creating a fire or other environmental hazard or of endangering the public health and safety in some other manner.

(3) As preconditions to being considered for a permit, both of the following requirements must be met:

(a) The present permitted uses of the structure, whether those uses are by-right, nonconforming, or by special exception, are impractical due to the structure's size, construction, location or other factors, including economic conditions; and

[Amended 5-1-2023]

(b) The structure and its use was legally permitted at the time of its construction; however, this requirements may be waived if:

[1] The applicant for the permit was not the property owner when the illegal structure was constructed; and

[2] Unless an adaptive use is made of the structure, there is a substantial likelihood that it will become a public nuisance.

(4) If the preconditions are satisfied, in deciding whether to grant a permit, the Board shall consider the standards in § 170-52 and the intensity of the proposed use as discussed in the following Subsection B(5). The Board may impose conditions and restrictions in accordance with §§ 170-53 and 170-54.

(5) The following factors shall be considered in evaluating both the intensity of the proposed new use relative to the former use, as well as the extent to which the impact of the new use may be ameliorated by the imposition of conditions to the permit:

(a) Vehicle trips.

(b) Noise.

(c) Odor.

(d) Hours of operation.

(e) Dust, smoke or other airborne particles.

(f) Discharge of pollutants.

(g) Outdoor lighting.

(h) Parking.

(i) Visual appearance, such as signs or outside storage.

(j) Pedestrian traffic.

(6) The new use shall be confined to the existing structure, but the permit may allow the land immediately adjacent to, and on the same lot as, the structure to be used for accessory uses necessary to support, and normally associated with, the new permitted use, such as parking. The Board shall consider all such accessory uses in determining whether the new use is more intensive than the previous use.

(7) The external appearance of the structure shall not be altered except as allowed by the permit. Any new, or replacements for, outside lighting fixtures shall be shielded, designed and placed so that the external light beam is directed down and onto the subject property.

(8) If any use authorized by the permit is either i) discontinued for a period of one year; or ii) not established within one year of the issuance of the permit, the permit shall be subject to revocation by the Board of Supervisors in accordance with § 170-61 of this Code, provided the Board may waive or extend such time periods if it determines the permit holder was not at fault. The Board may do this even if, by its terms, the permit has lapsed

(9) The issuance, revocation or lapse of a permit shall not affect any by-right uses of the structure, which shall continue in effect. However, any nonconforming uses that existed prior to the issuance of the permit, or any rights attached to nonconforming structures, shall be extinguished upon issuance of the permit, except to the extent as may be provided otherwise in the permit. All new uses allowed by the permit shall be deemed to be conforming.

(10) The provisions of this § 170-69B shall control over any conflicting provisions of this chapter.

C. Additional standards for resubdivisions.

(1) All lots shall front on a state-maintained street unless there is a homeowners association responsible for the repair and maintenance of the private street and all parties using the same are members.

(2) No existing covenant concerning resubdivision may be violated.

(3) The lots shall be of a size and configuration that is compatible with the other lots in the area.

D. Additional standards for airports and landing strips.

(1) All applications shall include evidence that the proposed facility will meet the standards and requirements imposed by the Federal Aviation Administration and all other applicable federal, state and local statutes, ordinances and rules or regulations applicable thereto.

(2) The application shall contain a statement indicating the number and types of aircraft to use the facility.

(3) All facilities shall be located so that the operation thereof will not seriously affect adjacent residential areas, particularly with respect to noise levels. A noise contour map may be required in order to assess the impact when more than five flights per day are anticipated.

(4) No area used by aircraft under its own power shall be located closer than 200 feet from any boundary line.

E. Additional standards for field parties.

[Added 1-3-1993]

(1) In addition to the general standards of § 170-52, all applications for field parties shall include the following:

(a) A plan shall be submitted showing how the applicant intends to minimize the impact of noise on adjoining properties. Music shall not be rendered nor entertainment provided at a field party for more than eight hours in any twenty-four-hour period, such period to be measured from the beginning of the first performance at the party. In addition, music and other performances shall be neither broadcast nor performed after 11:00 p.m. on week nights and 1:00 a.m. on weekends (Friday and Saturday nights).

(b) A signed statement shall be submitted by the promoter(s) of the festival, setting forth their name(s), address(es) and financial backing and including a signed permission statement from the property owner (if other than themselves). Said statement shall include the expected number of attendees and shall provide a sample of the ticket or badge of admission to the event, as well as samples of advertisements or other promotional material to be distributed. (Events with greater than 200 attendees expected may be required to post bond to insure satisfactory compliance with these standards.)

(c) The applicant shall submit a plan (narrative form acceptable) setting forth the means of providing food, water and medical and sanitation facilities, as well as garbage, trash and sewage disposal for attendees.

(d) The applicant shall submit a plan, with plat attached, showing the area designated for parking and shall show all vehicular or pedestrian access points to the location and shall include what measures are to be taken to ensure safe and convenient traffic flow.

(e) The applicant shall submit a plan (narrative form acceptable) setting forth the means of providing security for attendees, up to and including the hiring of security personnel.

(f) The applicant shall submit a statement specifying whether any exterior lights are to be used and, if so, a plan showing the location of such lights and shielding devices or other equipment to prevent unreasonable glare beyond the property on which the event is to be held.

(g) No permit shall be issued under this provision, unless the applicant shall furnish to the County written permission for the Board, its lawful agents or duly constituted law enforcement officers to go upon the property at any time for the purpose of determining compliance with the provisions of this subsection.

(2) No person or persons who are found to have been in violation of this subsection shall be eligible for a permit for a field party for a period of five years of the date he or she was found to be in violation.

(3) The Zoning Administrator may issue a permit to any person or persons to have a field party no more frequently than once per three-year period, by submitting material to comply with Subsection E(1) above, at least 30 days before the planned event. A fee shall be charged for such a permit, which amount shall be set from time to time by the governing body.

(4) The Zoning Administrator shall provide notice to all adjacent property owners and to affected local governmental agencies.