Rappahannock County Unincorporated
City Zoning Code

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

Uses allowed by special permit or special exception.

The hours of operation.

Access to the subject property.

Protection of surface water and groundwater.

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

Adequate sewer and water supplies.

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

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

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

The timing or phasing of development.

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

Control of smoke, dust and odors.

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

The property lines.

Abutting streets with names or route numbers.

The location of all existing and proposed buildings or uses.

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

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

Front, side and rear elevations of any proposed buildings.

Landscaping, if applicable.

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.

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.

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.

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).]

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.

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

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

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.

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

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.

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

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

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

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.

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

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

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.

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.

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.

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

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

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

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.

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

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

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.

Adequate off-street parking shall be specified and provided.

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.

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

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.

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.

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

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.

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.

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:

All outdoor recreation areas shall be fully fenced.

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:

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).

All outdoor recreation areas shall be fully fenced.

The minimum lot size requirement shall be five acres.

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

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

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

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.

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.

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

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

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.

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.

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):

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:

[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.

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

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

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.

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.

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.

The minimum lot size requirement shall be 100 acres.

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

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.

The minimum lot size requirement shall be 100 acres.

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

The minimum lot size requirement shall be 10 acres.

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

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.

One to 100 persons: 10 acre minimum.

One hundred one to 250 persons: 20 acre minimum.

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.

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

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.

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.

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:

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

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:

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

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

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

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

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.

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.

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.

The minimum lot size requirement shall be 10 acres.

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

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.

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

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.

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

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.

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.

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.

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.

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

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.

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

The minimum acreage requirement shall be 20 acres.

Recreational vehicles are not allowed.

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

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

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

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.

Density shall not exceed four campsites per acre.

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

Both tents and recreational vehicle campers can be accommodated.

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

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

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

Density shall not exceed three camping sites per acre.

The minimum acreage requirement shall be 20 acres.

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

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.

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

No facilities or activities intended for spectators are allowed.

The minimum lot size requirement shall be five acres.

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

The minimum lot size requirement shall be 25 acres.

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

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

The minimum lot size requirement shall be five acres.

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

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.

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

The minimum lot size requirement shall be 10 acres.

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

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

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.

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

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

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.

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

The minimum lot size requirement shall be 25 acres.

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

Amplified sounds are prohibited in association with the use.

The minimum lot size requirement shall be two acres.

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.

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

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.

Maximum of 10 dogs per acre.

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

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

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].

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

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

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.

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.

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.

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.

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.

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.

Waste disposal shall be approved by the Health Department.

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

No storage shall be located in any required yard.

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.

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

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.

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.

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.

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.

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

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.

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.

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.

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.

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

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

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

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.

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.

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.

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:

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

There shall be no outdoor display of goods or merchandise.

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

Employees shall be limited to residents of the dwelling.

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.

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

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

Permanent structures shall meet setback requirements of Article IV.

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.

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

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.

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.

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.

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.

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

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.

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.

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

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

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

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

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

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

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

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

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

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

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

The minimum acreage requirement shall be 20 acres.

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

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

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.

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.

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

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

The minimum acreage requirement shall be 20 acres.

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

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.

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

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.

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

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

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

Such uses shall be compatible with the continuance of adjacent uses.

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

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

Heavy industrial uses shall include:

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.

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.

Submission requirements shall be as follows:

Standards.

"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.

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.

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

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.

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

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

"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.

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

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.

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.

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

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.

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

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."

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

The purposes for adaptive uses are:

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

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.

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:

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.

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.

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

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.

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

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.

No existing covenant concerning resubdivision may be violated.

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

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.

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

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.

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

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

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.

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.

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