A.
The provisions of the chapter shall apply to all land
and all structures in the unincorporated territory of the County of
Rappahannock, Virginia.
B.
The County of Rappahannock shall be exempted from
the terms hereby with respect to any activity, structure or project
undertaken by it which is required by law.
[Added 7-6-1987; amended 8-3-1987]
No structure shall hereafter be erected and
no existing structure shall be moved, altered, added to or enlarged,
nor shall any land or structure be used or arranged to be used for
any purpose other than the permitted use listed in the following Articles
for the zoning district in which the structure or land is located,
nor shall any land or structure be used in any manner contrary to
any other requirements specified in this chapter.
A.
A complete final plat submitted as required by Chapter 147, Subdivision of Land, of the Code of Rappahannock County prior to the effective date of this chapter shall be judged on the zoning ordinance in effect on the date the plan was submitted.
B.
Nothing in this chapter shall be deemed to require
any change in the plans, construction or designated use of any existing
building or any building on which construction was authorized by a
building permit issued prior to the effective date of this chapter;
provided, however, that actual construction commences, as evidenced
by an approved footing inspection, within six months after the date
of issuance of such permit.
A.
Exempted from the provisions of this chapter are wires,
cables, conduits, vaults, laterals, pipes, mains, valves or other
similar equipment for the distribution to consumers of telephone or
other communications, electricity, gas or water or the collection
of sewage or surface water operated or maintained by a governmental
entity or a public utility or public service corporation, including
customer meter pedestals, telephone pedestals, distribution transformers
and temporary utility facilities required during building construction,
whether any such facility is located underground or aboveground, but
only when such facilities are located in a street right-of-way or
in an easement less than 40 feet in width. The exemption shall not
include any substation located on or above the surface of the ground
or any distribution facility in excess of 34.5 kilovolts, or which
will not provide local service or which is not on single wooden poles.
This exemption shall apply to natural gas lines and facilities which
are to provide local distribution only.
[Amended 11-6-1989]
C.
The following structures shall be exempt from the
minimum yard requirements as set forth in this chapter: telephone
booths and pedestals, underground utility equipment, mailboxes or
any similar structure or equipment which, in the opinion of the Zoning
Administrator, is obviously intended to be located in the public interest.
For structures or equipment with a footprint in excess of 10 square
feet, the Zoning Administrator (ZA) shall grant the exemption only
after a positive finding, in writing, that the proposed structure
or facility will not impair vision from vehicles and is suitably landscaped
or screened to minimize the visual impact.
The location and boundaries of the zoning districts
established by this chapter are indicated on a map entitled "Official
Zoning Map, Rappahannock County, Virginia," a copy of which shall
be on file in the office of the Zoning Administrator. It is hereby
adopted as part of this chapter insofar as it indicates such designations,
locations and boundaries of zoning districts, and the same shall be
deemed to be as much a part of this chapter as if the same was fully
set forth herein.
With respect to the intended boundaries of the
various zoning districts as shown on the Official Zoning Map, the
following rules shall apply:
A.
Where such boundaries are indicated as approximately
following the lines of streets, rights-of-way, waterways or the County
boundary, such lines shall be construed to be such boundaries.
B.
Where such boundaries are indicated as approximately
following the lines of lots or other parcels of record and the distance
by scale is not more than 50 feet therefrom, such lot or parcel lines
shall be deemed to be such boundaries.
C.
Where a zoning district boundary divides a parcel of land, the location of such boundary, unless the same is indicated by dimensions shown on the map, shall be determined by use of the scale appearing on the map and scaled to the nearest foot. In determining the exact location of the Conservation District, an on-site inspection may be used to determine the boundary location using the criteria set forth in Subsection 170-35A.
D.
Where further interpretation is required beyond that presented in the above subsections, the question shall be presented to the Zoning Administrator in conformance with the provisions of Article XV. Any person aggrieved by a decision made by the Zoning Administrator may appeal that decision in the manner prescribed in Article XV.
A.
It is the intent of this chapter that any use not expressly indicated as a permitted use in a separate zoning district is prohibited, except as qualified in §§ 170-17 and 170-18 below. Where uncertainties exist, the question shall be directed to the Zoning Administrator in conformance with the provisions of Article XV.
B.
Notwithstanding that a given use might be construed to qualify as a use permitted in a district, if such use has characteristics more similar to or more specific than a particular use listed or defined elsewhere in the chapter, then the latter shall govern. Where uncertainties continue to exist, the questions shall be directed to the Zoning Administrator in conformance with the provisions of Article XV.
C.
Permitted uses represent only those uses which are
permitted by right in a given district and do not apply to uses otherwise
allowed by special permit or special exception.
E.
No home occupation shall hereafter be established, altered or enlarged unless such home occupation complies with the provisions of Article VII.
A.
No use of a structure or land that is designated as a special use in any zoning district shall hereafter be established, and no existing use shall hereafter be changed to another use that is designated as a special permit use in such district unless a special permit has been secured from the Board of Zoning Appeals (BZA) in accordance with the provisions of Article VI.
A.
No use of a structure or land that is designated as a special exception use in any zoning district shall hereafter be established, and no existing use shall hereafter be changed to another use that is designated as a special exception use in such district, unless a special exception has been secured from the Rappahannock County Board of Supervisors (Board) in accordance with the provisions of Article VI.
A.
No permitted, special permit or special exception
use hereafter established, altered, modified or enlarged pursuant
to this chapter shall be operated so as to conflict with the use limitations
for the zoning district in which such use is located.
B.
No permitted, special permit or special exception
use already established on the effective date of this chapter shall
be altered, modified or enlarged so as to conflict with or further
conflict with the use limitation for the zoning district in which
such use is located.
Except as may be qualified by the provisions
of this chapter, no structure or part thereof shall hereafter be built
or moved on a lot which does not meet all of the minimum lot size
requirements presented for the zoning district in which the structure
is located; and no structure or land shall hereafter be used, occupied
or arranged for use on a lot which does not meet all of the minimum
lot size requirements for the zoning district in which such structure
or land is located. In this chapter, lot size requirements are expressed
in terms of minimum lot width and minimum lot area.
A.
Except as may be qualified by the provisions of this
chapter, no structure or part thereof shall hereafter be built or
moved on a lot which does not meet all of the minimum bulk regulations
presented for the zoning district in which the structure is located.
C.
Maximum building height, where specified, shall apply to all structures located in the zoning district except those structures/appurtenances presented in § 170-30 unless a lower maximum height is established for a given use elsewhere in this chapter. Maximum building height shall be determined in accordance with the definition of building height set forth in Article II.
D.
Minimum yard requirements shall be as specified for a given zoning district except as may be qualified by the provisions of § 170-25 of this Article. The yard requirements shall apply to all buildings and structures as they relate to the lot lines, public streets and to other buildings, but shall not apply to individual units in single-family attached dwellings.
E.
Setbacks from streets shall be measured from the center
line of such street as it exists at the time of issuance of the zoning
permit. However, when a right-of-way plan for such a street (existing
or planned) has been recommended by the Virginia Department of Transportation
and approved by resolution of the Board of Supervisors, setbacks shall
be measured from the center line of the planned road. (On Route 211,
the center line of the nearest lane, existing or planned, shall be
used for setback determination.)
[Amended 2-1-2021]
F.
Clustering. Clustering of structures on lots within
a subdivision to meet open space requirements may be encouraged by
the Zoning Administrator.
[Added 1-7-2008]
A.
The maximum density specified for a given zoning district
shall not be exceeded except as specifically qualified elsewhere in
this chapter. Maximum density shall be expressed in number of dwelling
units.
B.
Maximum density shall be calculated on the gross area
of the lot, except that:
(1)
No density allowance shall be calculated for any area
of a lot in an existing street right-of-way.
(2)
Only thirty-percent density allowance shall be calculated
on that area of a lot comprised of floodplain, quarries, existing
water bodies larger than two acres and slopes in excess of twenty-five-percent
grade.
(3)
In all districts except the Conservation and Agricultural
Districts, only fifty-percent density allowance shall be calculated
on that area of a lot comprised of slopes in excess of fourteen-percent
grade but equal to or less than twenty-five-percent grade. No such
density reduction shall be made for the Conservation or Agricultural
District.[1]
[1]
Editor's Note: Original Sections 2.15 through 2.17, which dealt with restrictions to subdividing property and which immediately followed this section, were repealed 7-6-1994, which ordinance was readopted 12-2-1996. These sections now appear in Ch. 147, Subdivision of Land, §§ 147-39 through 147-41.
If a lot was legally recorded prior to the effective date of this chapter, and said lot met the requirements of the zoning ordinance in effect at the time of recordation, then notwithstanding the minimum lot area, frontage and lot width requirements of the district in which located, said lot may be used for a use permitted in the district, provided that all other regulations of the district can be met. The BZA may, however, reduce the yard requirements, as provided for in § 170-136 upon determining that doing so would not unreasonably restrict a permitted use on adjacent lots.
[Added 1-7-2008]
A.
The open space requirements presented for a given
zoning district shall be considered as a minimum, and such open space
shall be located on the same lot as the primary use or structure,
except as specifically provided otherwise in this chapter. Open space
requirements shall be expressed as a percentage of the gross area
of the lot. No part of the open space in any development shall be
subsequently reduced below the minimum requirements of this chapter.
B.
The computation of open space areas shall be based
on the following rules:
(1)
In cases where the balance of land not contained
in lots and streets is needed by the County for school sites, parks,
recreational areas or stream valleys and such land is suitable in
location, size, shape, condition and topography for such purposes,
then such land shall be deeded to the County for such purposes. Such
land shall be referred to as “dedicated open space” and
shall be given full credit in satisfying the open space requirements
for a given district.
(2)
In cases where the balance of land not contained in lots and streets is not needed by the County for such purposes as set forth in § 170-23.1B(1), then the County may approve such lands or parts thereof to be conveyed to a nonprofit organization as provided for in § 170-23.1B(6) or to an individual as provided for in § 170-23.1B(7). Such land shall be referred to as “common open space” or “noncommon open space,” respectively, and shall be given full credit in satisfying the open space requirements for a given district.
(3)
At least 20% of the area required to meet the
open space requirements of a given district shall be lands other than
those lying in a floodplain. In subdivision approved for cluster development,
such lands outside the established floodplain shall be comprised of
a contiguous parcel not less than one acre in size having no dimensions
less than 50 feet. In cases where open space requirements exceed five
acres, a minimum of three acres will be so located and shall have
dimensions and topography as to be open space usable for active recreation.
(4)
Fifty percent of the area which lies within
a major utility easement or right-of-way may be calculated as open
space, but only if the remaining rights of the easements or rights-of-way
are dedicated for recreational or open space use. In no instance,
however, shall lands which lie within a major utility easement or
right-of-way represent more than 30% of the total land area needed
to satisfy the open space requirements for a given district. For the
purpose of this subsection, a major easement or right-of-way shall
be located entirely outside a street right-of-way.
(5)
In no instance shall open space credit be given
for lands which are included in or reserved for the right-of-way of
any street or for any public facility except as qualified in the subsections
above.
(6)
In subdivisions requiring open space, such open
space shall be used to establish a one-hundred-foot buffer adjacent
to Conservation Districts (C), Agriculture Districts (A), Rural Residential
Districts (RR-5), and Residential-Village Districts (RV). However,
the Board may modify this buffer requirement adjacent to Village districts
during subdivision approval, when it determines that the proposed
development is architecturally compatible with the Village.
(7)
In the administration of these provisions, the
Zoning Administrator shall have the authority to determine whether
lands qualify as open space and the authority to determine whether
such lands are dedicated open space, common open space or noncommon
open space.
Each lot created subsequent to the adoption of this chapter shall have frontage on a public street or on a private street authorized by the provisions contained in Articles IX, X and XI. Said frontage shall be at least equal to the required minimum lot width as shown in § 170-37 and shall be measured at the required setback line.
The following features and no other may extend
into required minimum yard areas, but only as qualified below. In
those developments where yard requirements are determined by a specified
distance between buildings, this regulation shall likewise apply,
and a perpendicular line drawn through the midpoint of the shortest
line that can be drawn between the two buildings shall be employed
as the lot line.
A.
Cornices, canopies, awnings, eaves or other such similar
features, all of which are at least 10 feet above grade, may extend
three feet into any required yard but not nearer to any lot line than
a distance of two feet. This provision shall not apply to permanent
canopies over gasoline pump islands which have supports located on
the pump island. Such canopies may extend into minimum required front
yards, provided that they do not overhang travel lanes or, if no travel
lanes exist, they shall not be located closer than 22 feet from the
right-of-way line.
B.
Sills, headers, belt courses and similar ornamental
features may extend 12 inches into any required yard.
C.
Open fire balconies, fire escapes and fire towers
may extend five feet into any required yard.
D.
Bay windows, oriels, balconies and chimneys not more
than 10 feet in width may extend three feet into any required front
or side yard, 10 feet into any required rear yard, but not nearer
to any lot line than a distance of 15 feet. Structures greater than
10 feet in width must meet setback and side yard requirements.
E.
Any unroofed and completely unenclosed patio or terrace,
with its floor no higher than that of the entrance to the building,
may extend six feet into any required yard. An open-work railing or
wall which contains at least 50% of open area in a generally distributed
manner, not over four feet in height, may be erected around such patio
or terrace.
F.
Any outside stairway, unenclosed above and below its
steps, may extend four feet into any required side or rear yard, but
not nearer to any side lot than a distance of six feet.
Notwithstanding any other provisions of this
chapter, no dwelling shall be located closer than 25 feet in horizontal
distance to the edge of a floodplain boundary.
In a village district where on an adjacent lot
or lots within 300 feet on either side there exists buildings with
front yards less than the front yard requirements for the district,
the ZA may authorize the erection of a building(s) whose front yard
does not meet minimum yard requirements, provided that it is not less
than the front yard of the nearest existing building(s).
Unless otherwise permitted by provisions of this chapter, not more than one dwelling unit shall hereafter be erected on any one lot unless the resultant dwelling density is less than one dwelling unit per 50 acres (1DU/50), nor shall a dwelling unit be located on the same lot with any other principal building, except as an accessory use as may be permitted by the provisions of Article VII or unless a special exception is granted in accordance with Article VI.
A dwelling unit may be occupied by not more
than:
A.
One family, consisting of not more than two persons
not related by blood or marriage and any number of persons related
by blood or marriage and with any number of natural children, foster
children or adopted children and not more than two roomers or boarders;
or
B.
A group of not more than four persons not necessarily
related by blood or marriage.
C.
A residential facility housing a group of not more
than eight mentally ill, mentally retarded or developmentally disabled
persons, in addition to staff, shall be considered for all purposes
occupancy by a single family and may thus be located by right without
conditions other than those applied to all single-family detached
dwellings. For the purposes of this section, mental illness, mental
retardation and developmental disability shall not include current
illegal use of or addiction to a controlled substance as defined in
§ 54.1-3401 of the Code of Virginia 1950, as amended. A
"residential facility" shall be deemed to be any group home or other
residential facility for which the Department of Mental Health, Mental
Retardation and Substance Abuse Services (DMHMRSAS) is the licensing
authority pursuant to the Code of Virginia. Newly constructed residential
care facilities shall conform to the standards required for the appropriate
use group as dictated by the Unified Statewide Building Code in addition
to those requirements imposed by the DMHMRSAS.
[Amended 2-4-1991[1]]
The height limitations of this chapter shall
not apply to barns, silos, residential chimneys, spires, cupolas,
elevator penthouses, domes, flagpoles, birdhouses, flues, monuments,
radio towers, television antennae or aerials, water towers, water
tanks, transmission towers and cables, smokestacks, air-conditioning
units or other similar roof structures and mechanical appurtenances,
provided that:
A.
No such structure when located on a building roof
shall occupy an area greater than 25% of the total roof area.
B.
No such structure shall be used for any purpose other
than a use incidental to the main use of the building.
C.
Any antenna located in a district permitting residences
shall be limited to a height that is equal to or less than the distance
from the base of the antenna to the closest property line.
A.
The owner of a lot of less than one-half ( 1/2)
acre in any district shall not place or permit to be placed or stored
on his property an inoperable or junk vehicle except in a fully enclosed
structure.
B.
The owner of a lot of less than one acre but more
than one-half ( 1/2) acre in any district shall not place or
store or permit to be placed or stored on his property a junk vehicle
or more than one inoperable vehicle except in a fully enclosed structure.
C.
The owner of a lot of one acre or more in any district
shall not place or store or permit to be placed or stored on his property
more than two inoperable or junk vehicles except in a fully enclosed
structure.
The sale or offering for sale of goods or services
from any vehicle shall be deemed to be a commercial use and shall
be subject to all the regulations prescribed for the zoning district
in which the same is conducted, but this regulation shall not be deemed
to prohibit any vending from vehicles on a public street that is not
otherwise prohibited by law.
All uses requiring the submission of a site plan shall comply with the required improvements as specified in Article XIV.
