Rappahannock County Unincorporated
City Zoning Code

Unless specifically qualified otherwise, the provisions of this chapter shall be enforced by the Zoning Administrator, who shall serve at the pleasure of the Board.

In the administration and enforcement of the provisions of this chapter, the Zoning Administrator shall be assisted by the following officers, departments, committees, agencies and boards:

The Zoning Administrator shall have all necessary authority on behalf of the Board to administer and enforce the provisions of this chapter. Such authority shall include the ability to order, in writing, the remedy of any condition found in violation of this chapter and, within 30 days' notice to the Board, the ability to bring legal action to ensure compliance with the provisions, including injunction, abatement or other appropriate action or proceeding.

In the absence of the Zoning Administrator through death, sickness or leave, the County Administrator shall act in the Zoning Administrator's capacity. Such replacement shall commence two days following the unplanned absence of the Zoning Administrator and shall terminate immediately upon notification to the County Administrator of his return. In the case of planned leave, the County Administrator will be charged with the Zoning Administrator's functions immediately upon the close of business of his/her last working day.

Overall responsibility for the effective administration and enforcement of this chapter.

Making periodic reports to the Board, at intervals at not greater than 12 months, summarizing for the period since the last report all applications approved and all complaints of violation and the actions taken thereon. A copy of each such report shall be filed with the Commission and the BZA.

Making annual reports to the Commission on the status and effectiveness of this chapter, including a listing of suggested amendments thereto.

Providing such technical and consultative assistance as may be required by the BZA and the Commission.

The receipt, official acceptance and maintenance of current and permanent files and records for all applications required by this chapter, unless qualified by specific provisions, to include the following:

Conducting inspections of buildings, structures and uses of land to determine compliance with the provisions of this chapter.

Ensuring that there is a supply of copies for distribution of the Zoning Map(s), the compiled text of this chapter and the rules of the BZA and the Commission.

Performing such other duties and functions as are required by the provisions of this chapter and/or as assigned by the Board.

Conduct of public hearings. All public hearings as required by this chapter shall be conducted in accordance with the following provisions:

Notice for public hearings shall be in accordance with § 15.2-2204 of the Code of Virginia. The Zoning Administrator may give such additional notice as he deems appropriate or require the applicant to give the notice required by § 15.2-2204. When notice by mail is given, the person giving notice may rely on the Rappahannock County Tax Map and real estate tax records.

Statement of legislative findings. The Board finds that a portion of the police power of the commonwealth has been delegated to each County, to be exercised reasonably in determining the manner of its development. The state legislature has left much discretion to the County in making such determinations, relying on the local governing body's knowledge of local conditions and the needs of its individual communities. Public necessity, health, safety, convenience, general welfare, good zoning practice and the aesthetic values and priorities of the local citizenry provide guiding factors for the Board in its quest to exercise its legislative mandate in formulating a reasonable policy of County planning for the general good and welfare.

Amendments generally. Whenever the public necessity, convenience, general welfare or good zoning practice requires, the Board may, by general ordinance, amend, supplement or change the regulations, restrictions, district boundaries or classification of property established in this chapter by majority vote; provided that no such action may be taken until after public hearings have been held in relation thereto as provided by § 15.2-2204 of the Code of Virginia, at which parties of interest and citizens shall have an opportunity to be heard. Any such amendment may be initiated by petition of any property owner addressed to the Board, by resolution of the Board or by motion of the Commission in the following manner:

Conflicts of interest. When a zoning application is filed by a property owner, such petition shall be sworn to under oath before a notary public, stating whether any member of the Board or Commission has interest in such property, whether individually, by ownership of stock in a corporation owning such land or by partnership, or whether a member of the immediate household of any member of the Board or the Commission has any such interest. For the purpose of this article, "own" or "have any interest in" shall mean ownership by members of his immediate household or ownership by way of partnership or as a holder of 10% or more of the outstanding shares of stock in or serving as a director or officer of any corporation owning such land, directly or indirectly, by members of his immediate household.

Notice of hearings. The Commission shall not recommend nor shall the Board adopt any plan, ordinance, amendment, change in district boundaries or classification of property until the notice of public hearing requirements as contained herein has been accomplished.

Referral to Planning Commission; action by Planning Commission.

Board of Supervisors action. Following the report to the Board by the Commission concerning any proposed amendment to this chapter or change in district boundaries or classification of property, and before approving and adopting any ordinance or amendment thereof, the Board shall hold at least one public hearing thereon, pursuant to public notice as required under § 170-133B, after which the Board may make appropriate changes or corrections in this chapter or proposed amendment; provided that no additional land may be zoned to a different classification than was contained in the public notice without an additional public hearing as provided under Subsection D above. The Board of Supervisors shall render its decision within 12 months of the date of the adoption of a motion or a resolution proposing the amendment, or the filing of the petition proposing the amendment in the zoning office. [Note: Code of Virginia, § 15.2-2286A(7).]

Refiling of petition following denial. Upon denial of any petition to change a zoning district, no further petition concerning any or all of the same property for amendment to the same zoning district as applied for in the petition denied shall be filed within one year of such denial.

Withdrawal of petition. An application for an amendment may be withdrawn at any time; provided that if the request for withdrawal is made after publication of the notice of public hearing, no application for the reclassification of all or any part of the same property shall be filed within six months of the withdrawal date. No refund of fees shall be made in the case of withdrawal.

Deferral of application on request of petitioner. Deferral of consideration of any petition may be requested by the petitioner; provided that if the request for deferral is made after publication of the notice of hearing, such deferral shall be only with the consent of either the Commission or the Board, depending upon whichever body advertised the hearing. Applications deferred by the Commission at the request of the petitioner should not be deemed as being referred to the Commission until such time as the matter has been rescheduled on the Commission's agenda.

Matters to be considered in reviewing proposed amendments. Proposed amendments shall be considered with reasonable consideration for the existing use and character of the area, the suitability of the property for various uses, the trends of growth or change, the current and future requirements of the County as to land for various purposes as determined by population, economic and other studies; the transportation requirements of the community and the County and the requirements for schools, parks, playgrounds, recreation areas and other public services; for the conservation of natural resources and preservation of floodplains; and for the conservation of properties and their values and the encouragement of the most appropriate use of land throughout the County. These considerations shall include but not be limited to the Comprehensive Plan or parts thereof, the relation of development to roads or road construction programs, proximity of the development to utilities and public facilities, the existence of an agricultural and forestal district created pursuant to Chapter 36 of the Code of Virginia and any other applicable standards contained in Article VI.

An appeal to the Board of Zoning Appeals may be taken by any person aggrieved or by any officer, department, board or bureau of Rappahannock County affected by any decision of the Zoning Administrator or from any order, requirement, decision or determination made by any other administrative officer in the administration or enforcement of Title 15.2, Chapter 22, Article 7, of the Code of Virginia (§ 15.2-2200 et seq.), or of this Chapter 170 of the Rappahannock County Code, or of any modification of zoning requirements made by the Zoning Administrator pursuant to Code of Virginia, § 15.2-2286(4).

The provisions of § 15.2-2311 and 15.2-2312 of the Code of Virginia shall apply to all such appeals.

The Board of Zoning Appeals shall consider such appeals in accordance with § 170-140 of this Code.

The Board of Zoning Appeals (BZA) may authorize upon appeal or original application in specific cases reasonable deviations from those provisions of this Chapter 170 regulating the size or area of a lot or parcel of land, or the size, area, bulk or location of a building or structure. Such a deviation is referred to as a "variance." A variance shall not permit a change in use which may be accomplished by a special permit, a special exception, rezoning or by a conditional zoning. [Note: See Code of Virginia, § 15.2-2201, for definition of a "variance." See gen. Code of Virginia, § 15.2-2309 2.]

A variance may be granted when it is not contrary to the public interest, and, owing to special conditions, a literal enforcement of the provisions of this Chapter 170 will result in unnecessary hardship, provided that the spirit of this chapter shall be observed and substantial justice done, as follows: When a property owner can show that his property was acquired in good faith and where, by reason of the exceptional narrowness, shallowness, size or shape of a specific piece of property at the time of the effective date of this Chapter 170, or where, by reason of exceptional topographic conditions or other extraordinary situation or condition of the piece of property, or of the condition, situation, or development of property immediately adjacent thereto, the strict application of the terms of this Chapter 170 would effectively prohibit or unreasonably restrict the utilization of the property, or where the BZA is satisfied, upon the evidence heard by it, that the granting of the variance will alleviate a clearly demonstrable hardship, as distinguished from a special privilege or convenience sought by the applicant, a variance may be granted, provided that all variances shall be in harmony with the intended spirit and purpose of this Chapter 170, and shall be the minimum necessary to alleviate the demonstrated hardship.

Authorization of variance.

Additional provisions applicable to variances sought in the Floodplain Overlay District: Any variance sought for property in the Floodplain Overlay District must meet the requirements of both this § 170-136, and those of § 170-45F, Variances. Within the Floodplain Overlay District, the provisions of § 170-45 take precedence over any less restrictive provisions of this § 170-136.

No variance shall be authorized except after notice and hearing as required by Code of Virginia, § 15.2-2204. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the BZA may give such notice by first-class mail rather than by registered or certified mail.

In authorizing a variance the BZA may impose such conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary in the public interest, and may require a guarantee or bond to ensure that the conditions imposed are being and will continue to be complied with.

Notwithstanding any other provision of law, the property upon which a property owner has been granted a variance shall be treated as conforming for all purposes under state law and this Code; however, the structure permitted by the variance may not be expanded unless the expansion is within an area of the site or part of the structure for which no variance is required. Where the expansion is proposed within an area of the site or part of the structure for which a variance is required, the approval of an additional variance shall be required. (Note: Code of Virginia, § 15.2-2309)

Application for a variance may be made by any property owner, tenant, government official, department, board or bureau. A person contractually bound to buy a certain property may apply for a variance, provided the property owner has given written consent in the contract of sale or another document filed with the application. Applications shall be made, in writing, to the Zoning Administrator. The application and accompanying maps, plans or other information shall be transmitted promptly to the secretary of the BZA who shall place the matter on the docket to be acted upon by the BZA.

The application shall be made on a form prepared by the Zoning Administrator and shall be accompanied by an application fee as set from time to time by resolution of the Board of Supervisors.

The application must address the following points:

If a building or structure is constructed, or has begun to be constructed, within a prohibited yard, or in violation of a setback line, or in violation any other provision of this Chapter 170 to which a variance may apply, and such violation occurred inadvertently and without the fault of the property owner, the property owner may apply for a variance under this section and shall be treated in the same manner as any other property owner, and any hardship shall not be deemed to be self-imposed.

No application for a variance 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.

The BZA shall render a decision on the request for a variance within 90 days after receipt of a complete application and all fees by the Zoning Administrator. In the event that a decision is not rendered within said ninety-day period, the application shall be deemed to be denied effective as of the 91st day, provided the applicant may request an extension of the ninety-day period, and if agreed to by the BZA, a decision on the application shall be continued to the date of a future BZA meeting. This extension may be made subject to certain conditions agreed to between the parties. If no decision is rendered by the BZA on the agreed to future meeting date, the application shall be deemed to be denied effective that date.

Permit required. No principal or accessory structure(s) or use permissible by right, by special permit or special exception shall be constructed or excavation or grading thereof begun before the issuance of a zoning permit by the Zoning Administrator. No building permit shall be issued prior to the issuance of a zoning permit. (Permitted uses not requiring site improvements or Health Department approval shall not require a zoning permit.)

Structures not exceeding 100 square feet. Notwithstanding the foregoing, no zoning permit shall be required for any lawful structure not exceeding 100 square feet in floor area and where the value of construction does not require a building permit.

Structures in violation. No zoning permit shall be issued where it appears that the structure to be constructed or the use contemplated would be in violation of the provisions of this chapter or any other applicable law, ordinance or regulation. The issuance of such zoning permit, however, shall not afford protection of any owner who is found to be violating this or any other applicable law, ordinance or regulation.

Forms and information required. An application for a zoning permit shall be made to the Zoning Administrator on forms to be provided him. The Zoning Administrator shall require and be furnished with all plans and documents as may be required to determine whether the proposed structure, use and facilities will be in compliance with the provisions of this chapter. Each application for a zoning permit shall be accompanied by the following items or as much thereof as the Zoning Administrator may require as being pertinent:

Fees. If it appears that the proposed structure and use of land or structure is in conformity with the provisions of this chapter, a zoning permit shall be issued to the applicant by the Zoning Administrator upon payment of the required fee therefor. No fee shall be required for a zoning permit issued in conjunction with an approved site plan.

Certificate. Whenever a zoning permit is issued, the Zoning Administrator shall also furnish the applicant with a certificate indicating that said zoning permit has been issued and is valid for the period stipulated therein. The applicant shall thereupon deliver said certificate to the Building Inspector when a building permit is required. The certificate shall be posted as per directions on the certificate.

Time limits. Any zoning permit issued shall become invalid if the authorized work is not commenced within six months of the date of issuance or is suspended or abandoned for a period of six months; provided that the Zoning Administrator may, upon good cause shown, extend a permit without charges for an additional period not exceeding six months.

Any person, whether owner, lessee, principal, agent, employee or otherwise, who violates any provision of this chapter; who erects, modifies, or uses any building or who uses any land, in violation of any site plan, permit or proffer approved either under this chapter or under any prior zoning ordinance; or who conspires with, aids, abets or permits another to do any of the foregoing, shall be guilty of a misdemeanor punishable by a fine of not less than $10 nor more than $1,000. If the violation is uncorrected at the time of the conviction, the court shall order the violator to abate or remedy the violation within a time period established by the court. Failure to remove or abate a violation within the specified time period shall constitute a separate misdemeanor offense punishable by a fine of not less than $10 nor more than $1,000, and any such failure during any succeeding ten-day period shall constitute a separate misdemeanor offense for each ten-day period punishable by a fine of not less than $100 nor more than $1,500. Proceeding under this subsection shall not restrict or limit any other remedy available under the law. At the time of its adoption, this subsection incorporated the maximum penalties allowed to be imposed by § 15.2-2286 of the Code of Virginia. In the event future amendment to § 15.2-2286 of the Code of Virginia allows for greater or additional penalties, then any such greater or additional penalties shall be incorporated herein by reference and shall supersede any provision of this subsection with which they conflict.

Any building erected or improvements constructed contrary to any of the provisions of this chapter and any use of any building or land which is conducted, operated or maintained contrary to any of the provisions of this chapter shall be declared to be unlawful.

The Zoning Administrator may initiate injunction, mandamus or any other appropriate action to prevent, enjoin, abate or remove such erection or use in violation of any provision of this chapter. Such action may also be instituted by any citizen who may be aggrieved or particularly damaged by any violation of any provisions of this chapter.

Upon his becoming aware of any violation of any provisions of this chapter, the Zoning Administrator shall serve notice of such violation on the person committing or permitting the same, and if such violation has not ceased within such reasonable time as the Zoning Administrator has specified in such notice, the Zoning Administrator shall institute such action as may be necessary to terminate the violation.

The remedies provided in this article are cumulative and not exclusive and shall be in addition to any other remedies provided by law.