[Amended 2-2-2015]
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.
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This provision shall not apply if the prior application was withdrawn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may be withdrawn up until the time of a motion to approve or disapprove.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]
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.
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.
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.
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.
[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.
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.
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.
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.
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.
[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.
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.
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]
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.
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.
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.
[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.
Category 1, Residential Uses, shall be regulated
as follows:
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]
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]
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.
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.
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:
(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).
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]
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.
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.
[1]Additional standards for conference centers. 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:
[Added 9-6-1995]
H.
Additional standards for sewage treatment or water
purification facility (public or private).
[Added 12-5-2005]
(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.
[Amended 7-7-2010]
I.
Additional standards for electrical generating plant and facilities,
renewable energy, utility.
[Added 7-7-2021]
(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.
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 which is in a residential zoning district.
B.
Additional standards for country clubs/golf courses,
public or private.
[Amended 2-4-1991]
(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.
[Amended 9-4-1996; 12-2-2013]
(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.
[Amended 12-2-2013]
(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.
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.
[Amended 7-3-2023]
(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.
[Amended 7-3-2023]
(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.
Additional standards for country inns, retreats or
lodges.
[Amended 9-4-1996]
(1)
The minimum size requirement shall be 20 acres.
(2)
No structure or campsite or athletic facility shall
be located closer than 10 feet to any lot line.
(3)
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.
(4)
All parking and loading areas, swimming pools and
tennis courts shall be effectively screened.
(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.
[Added 2-4-1991; amended 9-4-1996]
(6)
Country inns, retreats or lodges shall not exceed
a maximum of 20 units of accommodations.
[Added 2-4-1991; amended 9-4-1996]
F.
Additional standards for tent campground.
(1)
The minimum lot size requirement shall be 20 acres.
(2)
Travel trailers and other residential vehicles are
not allowed.
(3)
The only permanent structure allowed for residential
use will be occupied by the resident owner or manager.
(4)
The facility shall have direct access by means of
a travelway 20 feet in width to a road currently maintained by the
state.
(5)
No structure or campsite shall be located closer than
100 feet to any lot line.
(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.
[Amended 9-4-1996]
G.
Additional standards for travel trailer park.
(1)
Both tents and recreational vehicle campers can be
accommodated within a travel trailer park, but the park shall be designed
for travel trailers.
(2)
Each park shall provide electrical outlets at each
individual site, one or more central travel trailer sanitary stations
and toilet and shower facilities.
(3)
The road frontage requirement shall be 200 feet on
a state-maintained road with a minimum paved width of 20 feet.
(4)
Accessory commercial uses are permitted, exclusively
for the use of residents of the park (e.g., coin-operated laundry,
convenience store, etc.).
(5)
Density shall not exceed three camping sites per acre.
[Amended 9-4-1996]
(6)
Each campsite shall contain a minimum of 3,000 square
feet.
(7)
No structure, campsite or athletic facility shall
be located closer than 100 feet to any lot line.
(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 park
for a period exceeding two weeks.
H.
Additional standards for equestrian facilities, including
boarding and instruction (nonspectator).
I.
Additional standards for equestrian facilities, including
boarding and instruction (spectator uses).
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.
L.
Dance, music or performing arts studios for profit.
[Added 7-6-1994[1]]
(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.
[1]
Editor's Note: This ordinance was readopted
12-2-1996.
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.
[Added 9-6-1995]
N.
Additional standards for conference centers or resorts.
[Added 9-4-1996]
(1)
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.
(2)
No structure accessible to guests of the facility
shall be located closer than 100 feet to any property line.
(3)
All parking and loading areas, swimming pools and
tennis courts as well as any other structures 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, as well as been
reviewed by such other agencies as may have jurisdiction.
O.
Additional
standards for limited golf driving ranges.
[Added 6-6-2022]
(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.
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.
[Amended 7-3-2023]
(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.
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].
[Amended 5-7-2007]
(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.
[Amended 11-6-2000; 7-3-2023]
(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.
(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.
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.
[Amended 8-4-1997; 2-1-2021]
(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, provided, however, that the Board can waive the minimum acreage
requirement only if the property has frontage on a paved public road
that is part of the state primary or secondary system.
[Amended 7-3-2023]
(5)
Bed-and-breakfasts and tourist homes shall be authorized
to serve meals only in numbers equivalent to the approved number of
overnight accommodations.
(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.
[Amended 5-1-2023]
(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.
[Added 3-4-2024[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection
K(9) as Subsection K(10).
(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.
[Amended 2-1-2021]
N.
Additional standards for taxidermy operations.
[Added 7-6-1987; amended 9-19-1988; 11-7-1988]
(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.
(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.
[Added 2-1-2021]
(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.
[Amended 5-1-2023]
(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.
[Amended 7-3-2023]
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.
B.
Additional standards for petroleum products, bulk
storage and distribution.
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
| |
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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
| |
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Soap manufacture
| |
|
Stockyards
| |
|
Sulphuric, nitric or hydrochloric acid manufacture
| |
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Tanning, curing or storing of raw hides or skins
| |
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Tetrethyl lead precipitate or liquid manufacture
| |
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Vinegar manufacture
| |
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Wool pulling and scouring
| |
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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:
(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]
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.
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.
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:
(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:
(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.
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.
