Rappahannock County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE VII
Accessory Uses and Home Occupations
§ 170-70 Accessory uses and structures.
A.
Authorization. Accessory uses and structures are permitted in any zoning district unless qualified below, but only in conjunction with, incidental to and on the same lot with a principal use or structure which is permitted within such district.
B.
Permitted accessory uses. Accessory uses and structures shall include, but are not limited to the following uses and structures, provided that such use or structure shall be in accordance with the definition of "accessory use" in Article II.
(1)
Antenna structures.
(2)
Barns and any other structures that are customarily incidental to an agricultural use on a tract of land not less than two acres.
(3)
Carports.
(4)
Children's playhouses, not to exceed 100 square feet in gross floor area, and children's play equipment.
(5)
Doghouses, pens and other similar structures for the housing of commonly accepted pets, but not including kennels as defined in Article II.
(6)
Fallout shelters.
(7)
Garages, private.
(8)
Gardening.
(9)
Guest houses or rooms for guests in an accessory structure, but only on lots of at least two acres and used only for the occasional housing of guests of the occupants of the principal structure and not as rental units or for permanent occupancy as a housekeeping unit; provided, however, that if a guest house or rooms in an accessory structure has kitchen facilities, it shall be deemed an "accessory dwelling unit" that requires a special use permit or special exception under this chapter.
[Amended 2-1-2021]
(10)
Parking and loading spaces, off-street, as regulated by Articles IX and X.
(11)
Parking of not more than one commercial vehicle per occupant/operator in any resource preservation or residential district. Parking shall not be in any required front or side yard.
(12)
Parking of small cargo trailers and major recreational equipment in a residential zoning district, including but not limited to boats, boat trailers, camping trailers, travel trailers, motorized dwellings, tent trailers and houseboat and horse vans, but subject to the following limitations:
(a)
Such equipment shall not be used for living, sleeping or other occupancy when parked or stored on a residential lot or in any other location not approved for such use.
(b)
Such equipment six feet or more in average height, not parked or stored in a garage, carport or other structure:
[1]
Shall not be located in any required front or side yard.
[2]
Shall be located at least three feet from all buildings.
(13)
Porches, gazebos, belvederes and similar structures.
(14)
Quarters of a caretaker, watchman or tenant farmer (not to exceed one per 50 acres).
(15)
Recreation, storage and service structures in a mobile home park.
(16)
Residence for a proprietor or storekeeper and his family located in the same building as his place of occupation.
(17)
Signs, as permitted by Article XII.
(18)
Statues, arbors, trellises, barbecue stoves, flagpoles, fences, walls and hedges.
(19)
Storage outside, to include compost piles, farm equipment and inoperable and junk vehicles on any lot as provided for in § 170-31, provided that such storage and/or vehicle in a residential zoning district is located on the rear half of the lot, is screened from view from the first story window of any neighboring dwelling; and the total area for such outside storage, excluding the area occupied by one junk vehicle, does not occupy more than 100 square feet.
(20)
Storage structures incidental to a permitted use.
(21)
Swimming pool and bathhouses, private.
(22)
Tennis, basketball or volleyball court and other similar private outdoor recreational uses.
(23)
Wayside stands, but subject to the following limitations:
(a)
The wayside stand shall be for the express purpose of the sale of agricultural products grown on the same property (including pick-your-own type operations) or the sale of products of approved home occupations conducted on the same property.
(b)
The wayside stand shall be located a minimum distance of 10 feet from the street right-of-way.
(c)
The wayside stand shall be located so as to provide for adequate off-street parking spaces and safe ingress and egress to the adjacent street.
(d)
Notwithstanding the provisions of Article XII, a wayside stand may have one building-mounted sign which does not exceed 10 square feet in area, mounted flush against the stand.
(24)
Ponds, but subject to the following limitations:
[Amended 1-3-2007]
(a)
The pond shall be located so that the normal pool is located at least 100 feet from an adjacent property line except with the written consent of the owner(s) involved.
(b)
No land shall be disturbed in the construction of the pond that is less than 100 feet from an adjacent property line except with the written consent of the owner(s) involved.
(c)
Approval of the State Water Control Board shall be required if state waters are to be impounded.
(25)
Hunting, fishing, hiking or any other similar passive-type outdoor recreation use, whether or not a fee is charged therefor; provided, however, that no overnight accommodations or any structure or other improvement specifically related thereto is constructed.
(26)
Home music, dance or other performing arts studio, conditioned upon said facility being for the use of residents and guests of the dwelling on the property, and upon no acceptance of fees by the residents.
[Added 7-6-1994[1]]
[1]
Editor's Note: This ordinance was readopted 12-2-1996.
(27)
A thrift, used goods and clothing or similar retail store, when conducted and maintained on property owned by a volunteer fire and rescue organization recognized by the County of Rappahannock, conditioned on such use's being owned or operated by a volunteer fire and rescue company or a nonprofit organization dedicated to supporting fire and rescue organizations.
[Added 11-2-1998]
(28)
(Reserved)
(29)
Temporary family health care structure, subject to the standards of § 15.2-2292.1 of the Code of Virginia, 1950, as amended.
[Added 7-7-2010]
C.
Accessory uses not permitted. The following accessory uses are not permitted:
(1)
Outdoor storage for more than 30 days of commercial buses, trucks or other vehicles exceeding two tons' capacity in any residential zoning district.
(2)
Junkyards, scrap heaps or refuse piles except as specifically permitted in Subsection B above.
D.
Use limitations.
(1)
No accessory structure shall be occupied or utilized unless the principal structure to which it is accessory is occupied or utilized.
(2)
All accessory uses and structures shall comply with the use limitations applicable in the zoning district in which located.
(3)
All accessory uses and structures shall comply with the maximum height regulations applicable in the zoning district in which they are located.
E.
Location regulations.
(1)
If an accessory-type building is attached to a principal building by any wall or roof construction, it shall be deemed to be a part of the principal building and shall comply in all respects with the requirements of this chapter applicable to the principal building.
(2)
Off-street parking and loading spaces shall be located in accordance with the provisions of Articles IX and X.
(3)
Signs shall be located in accordance with the provisions of Article XII.
(4)
Wayside stands shall be located in accordance with the provisions of Subsection B(23) above.
(5)
Ponds shall be located in accordance with the provisions of Subsection B(24) above.
(6)
Barns shall not be located less than 50 feet from any property line in or adjacent to a residential or commercial zoning district.
(7)
The following regulations shall apply to the location of all accessory structures or uses except those specifically set forth in Subsection E(1) through (6) above.
[Amended 1-3-2007]
(a)
No accessory structure or use shall be located in any required minimum front yard, except a statue, arbor, trellis or flagpole.
(b)
No accessory structure or use which exceeds 10 feet in height shall be located in any required minimum side yard except as may be expressly permitted by a variance granted in accordance with the provisions of Article XV.
(c)
No accessory structure or use which exceeds 10 feet in height shall be located closer than a distance equal to its height to any lot line in the rear yard, except as may be expressly permitted by a variance granted in accordance with the provisions of Article XV.
(d)
On a corner lot, the rear line of which adjoins a side lot line of a lot to the rear, no accessory structure or use which exceeds 10 feet in height shall be located:
[1]
Nearer to any part of the rear lot line that adjoins the side yard on the lot to the rear than a distance equal to the required minimum side yard on such lot to the rear; or
[2]
Nearer to the side street line than a distance equal to the required front yard on the lot to the rear.
§ 170-71 Home occupations.
A.
Authorization. Home occupations are permitted subject to the following provisions and any use limitations applicable in the zoning district in which located.
B.
Permitted home occupations. Home occupations include the following uses and those uses determined by the Zoning Administrator to be sufficiently similar thereto in terms of type, scale and impact:
(1)
Artists and sculptors.
(2)
Authors and composers.
(3)
Dressmakers, seamstresses and tailors.
(4)
Family day-care homes limited to not more than five children.
(5)
Home crafts, such as model making, rug weaving, lapidary work, cabinetmaking, ceramics and similar light manufacturing uses.
(6)
Office facility of a minister, rabbi, priest or other similar person associated with a religious organization.
(7)
Office facility of a salesman, sales representative or manufacturer's representative, provided that no retail or wholesale transactions are made on the premises.
(8)
Office facility of an architect, artist, broker, dentist, physician, professional therapist, engineer, planner, landscape architect, public relations practitioner, instructor in arts and crafts, insurance agent, land surveyor, lawyer, musician, real estate agent and typist.
(9)
Schools whose class size do not exceed four pupils at any given time.
(10)
The letting for hire of not more than two rooms for rooming or boarding use for not more than two persons, neither of whom is a transient.
(11)
Beauty parlor/barber shops.
(12)
Repair shops.
C.
Uses not permitted as home occupations. Permitted home occupations shall not in any event be deemed to include antique shops, funeral chapels or funeral homes, gift shops, medical or dental clinics or hospitals, renting of trailers, restaurants, riding or boarding stables or kennels, tourist homes, abattoirs, motor vehicle related uses, commercial recreational uses, massage parlors and fortune-tellers.
D.
Use limitations. In addition to the use limitations applicable to the zoning district in which located, all home occupations shall be subject to the following use limitations:
(1)
A home occupation must be conducted within a dwelling which is the bona fide residence of the principal practitioner or in an accessory building thereto which is normally associated with a residential use.
(2)
No mechanical or electrical equipment shall be employed other than machinery or equipment customarily found in the home associated with a hobby or a vocation not conducted for gain or profit or machinery or equipment which is essential to the conduct of the home occupation.
(3)
No outside display of goods or outside storage of equipment or materials used in the home occupation shall be permitted.
(4)
No persons other than a member of the immediate family occupying such dwelling shall be employed, except for part-time teachers.
(5)
No sign shall be permitted except in accordance with the provisions of Article XII.
