Pursuant to the authority delegated by the general assembly in Chapter 22 of Title 15.2 of the Code of Virginia (1950), as amended, the Board of Supervisors of Rockingham County, Virginia, hereby repeals and re-enacts chapter 17 of the Rockingham County Code. Chapter 17 shall be known as the zoning ordinance of Rockingham County. The authority, intent, objectives, and purposes of the board of supervisors in so enacting the zoning ordinance shall be construed to be consistent with the authority, intent, objectives, and purposes generally set forth in Chapter 22 of Title 15.2 of the Code of Virginia, and more specifically, with the authority, intent, objectives, and purposes set forth in sections 15.2-2200, 15.2-2280, 15.2-2283, and 15.2-4303 of the Code of Virginia, and having given due consideration to those matters specified in section 15.2-2284 of the Code of Virginia, mutatis mutandis. Terms, words, and phrases defined in Chapter 22 of Title 15.2 of the Code of Virginia shall have the same definition in this chapter unless specifically defined otherwise, or necessarily defined otherwise by context. Throughout chapter 17, the phrase "the Code of Virginia" refers to those acts of the general assembly codified in the Code of Virginia (1950), as amended; the phrase "the County Code" refers to those ordinances enacted by the Board of Supervisors of Rockingham County codified in the Rockingham County Code; and the phrase "this chapter" refers to chapter 17 of the County Code.

(P.C. Ord. No. 14-03, 9-24-14)

The provisions of this chapter shall apply to all property located within the limits of the County of Rockingham to the greatest extent permitted by applicable state and federal law.

(P.C. Ord. No. 14-03, 9-24-14)

With the adoption of this chapter, the board of supervisors has given all due consideration to the comprehensive plan and any other plan adopted by the county. However, the comprehensive plan is not incorporated by reference or otherwise into the zoning ordinance.

(P.C. Ord. No. 14-03, 9-24-14)

The zoning map, with all notations, references and amendments attached thereto, and other information shown thereon, is hereby incorporated into and made a part of the zoning ordinance. The zoning map shall be made a public record and shall be kept permanently in the office of the zoning administrator, where it shall be accessible to the general public.

(P.C. Ord. No. 14-03, 9-24-14)

Rockingham County is divided into zoning districts as named and described in article III, conventional districts, and article IV, planned development districts, of this chapter. The zoning districts are established and the boundaries are as shown on the zoning map which is maintained in the office of the zoning administrator.

(P.C. Ord. No. 14-03, 9-24-14)

If, in accordance with the provisions of this chapter, changes are made in the district boundaries or other information portrayed in the zoning map, such changes shall be entered on the zoning map after the amendment has been approved by the board of supervisors, together with a numerical entry referring to the application for the amendment, submitted in accordance with article X, procedures, which shall be kept as a public record by the zoning administrator. Each numerical entry shall state the reference number of the application in the records of the zoning administrator and the date of the approval of the amendment by the board of supervisors. The zoning map shall be the final authority in determining the current zoning status of the county. No changes of any nature shall be made to the zoning map except in accordance with the procedures set forth herein.

(P.C. Ord. No. 14-03, 9-24-14)

Pursuant to section 15.2-2280 of the Code of Virginia, this chapter regulates the use of land and structures for all categories of land use as established herein. No building or land shall hereafter be used or occupied and no building or part thereof shall be erected, constructed, moved, or structurally altered except in conformity with the regulations herein specified for the district in which it is or is to be located.

(P.C. Ord. No. 14-03, 9-24-14)

(a)

A permitted use is a use permitted by right in the zoning district in which the land is situated.

(b)

A special use is a use permitted only after a public hearing, review by the board of supervisors, and its approval of a special use permit. A special use permit shall be issued by the zoning administrator that conforms to the special use approved by the board of supervisors.

(c)

An accessory use is a use permitted only as accessory to a primary use permitted by right in the zoning district in which the land is situated.

(d)

The permitted uses, special uses, and accessory uses are listed in article VI, land uses, for each zoning district.

(P.C. Ord. No. 14-03, 9-24-14)

Excluding reasonable and customary accessory uses associated with a primary use otherwise permitted, uses not specifically identified as permitted in a zoning district either by right or by special use shall be prohibited.

(P.C. Ord. No. 14-03, 9-24-14)

(a)

In the case of multiple uses, the regulation for each use, as provided in this chapter shall apply to that portion of the building or land so utilized, unless otherwise provided.

(b)

If a use is specifically identified in the zoning district, while a more general use category is also listed, the regulations and applicability of the specifically identified use shall govern.

(P.C. Ord. No. 14-03, 9-24-14)

The dwelling being replaced must be removed from the lot within three (3) months of the issuance of a certificate of occupancy for the replacement dwelling.

(P.C. Ord. No. 14-03, 9-24-14)

In addition to the ordinances for specific zoning districts set forth in article III, conventional districts, and article IV, planned development districts, of this chapter, supplemental standards applicable to particular uses or building types, within one (1) or more districts, are set forth in article VI, supplemental standards.

(P.C. Ord. No. 14-03, 9-24-14)

In addition to the ordinances for specific zoning districts set forth in article III, conventional districts, and article IV, planned development districts, of this chapter, development standards applicable to all zoning districts, unless otherwise provided, are set forth in article VII, development standards.

(P.C. Ord. No. 14-03, 9-24-14)

In addition to the ordinances for specific zoning districts set forth in article III, conventional districts, and article IV, planned development districts, of this chapter, area, setback, and height standards applicable to all uses and structures on lots or parcels within the county, are set forth in article 8, area, setback, and height standards.

(P.C. Ord. No. 14-03, 9-24-14)

All departments, officials, and public employees of the county who are vested with the duty or authority to issue permits or licenses shall comply with the provisions of this chapter.

(P.C. Ord. No. 14-03, 9-24-14)

The use of buildings and land within the county is subject to all other regulations as well as this chapter, whether or not such other provisions are specifically referenced in this chapter. References to other regulations or provisions of this chapter or other chapters of the County Code are for the convenience of the reader. Lack of a cross reference shall not be construed as an indication that other regulations do not apply.

(P.C. Ord. No. 14-03, 9-24-14)

(a)

General construction of language.

(1)

Except as otherwise provided in this chapter, all words shall have their customary dictionary meaning, within such context as they are used.

(2)

The titles of the articles, divisions, and sections of this chapter are for the convenience of the reader and are not to be construed as part of the content of the ordinance.

(3)

The neuter gender includes the feminine and masculine genders.

(4)

The word "shall" is mandatory. The word "may" is permissive.

(5)

The word "includes" or "including" shall not limit a term to the specified examples, but is intended to extend its meaning to all other instances or circumstances of like kind or character.

(b)

All distances specified in this chapter for the purpose of separating uses shall be measured in a horizontal plane from the closest property line of one (1) use to the closest property line of the other use, and for the purpose of separating structures shall be measured in a horizontal plane from the closest point of one (1) structure to the closest point of the other structure. Specified distances for a use or structure on property abutting a district that is zoned differently shall be measured in a horizontal plane from the use or structure to the nearest point of the boundary line of the district that is not zoned the same.

(c)

Unless district boundary lines are fixed by dimensions, and where uncertainty exists as to the boundaries of any of the zoning districts as shown on the zoning map, the following rules shall apply:

(1)

Unless otherwise indicated, district boundaries indicated as approximately following platted property lines, the centerlines of streams, streets, roads, highways, alleys, or railroads, or the shorelines of reservoirs or other bodies of water, or civil boundaries, shall be construed to follow such lines.

(2)

District boundaries indicated as approximately parallel to the centerlines of streams, roads, streets, highways, or railroads, or rights-of-way of the same, or the shorelines of reservoirs or other bodies of water, or said lines extended, shall be construed as being parallel thereto and at such distance therefrom as indicated on the zoning map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the zoning map.

(3)

Whenever any public road, street, or alley is officially vacated or abandoned, the zoning district applicable to the property to which it is reverted shall apply to such vacated or abandoned road, street, or alley.

(4)

Where a district boundary is indicated to follow or parallel a river, creek, or branch, or other body of water, such boundary shall be construed as moving with the actual shoreline with its reestablished center or channel.

(5)

If not otherwise specifically designated, all water areas, waterways, alleys, roads, streets, highways, railroads, and other rights-of-way, shall be deemed to be in the same zoning district as that of the immediately abutting property. Where the centerline of such described water areas, waterways, or rights-of-way serves as a zoning district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such centerline.

(6)

Where a lot in single ownership is divided by one (1) or more district boundary lines, each portion of the lot shall be subject to all the regulations applicable to the district in which it is located.

(7)

In case the exact location of a boundary cannot be otherwise determined by the foregoing methods, the board of zoning appeals, upon application, shall establish the location of the boundary in accordance with this chapter.

(P.C. Ord. No. 14-03, 9-24-14)

Virginia Code section 15.2-2288.6, generally understood to deal with agri-tourism and agri-business located on agricultural operations, shall be interpreted and construed consistently with the guidance, interpretations and understandings set forth in that certain resolution adopted by the board of supervisors on June 18, 2014, a copy of which is reprinted at the end of this chapter 17 as appendix A.

(P.C. Ord. No. 17-25, 9-27-17)

No construction may commence, no use may be established or changed, and no structure shall be constructed, erected, altered, moved, or demolished unless and until all permits required by the County Code have been issued.

(P.C. Ord. No. 14-03, 9-24-14)

Should any section or any provision of this chapter be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any part thereof other than the part so held to be unconstitutional or invalid, and such remainder of this chapter shall continue in full force and effect.

(P.C. Ord. No. 14-03, 9-24-14)

Nothing in this chapter shall be construed to authorize the impairment of any vested right. Without limiting the time when rights might otherwise vest, a property owner's rights shall be deemed vested in a land use and such vesting shall not be affected by a subsequent amendment to this chapter as set forth in Chapter 22 of Title 15.2 of the Code of Virginia.

(P.C. Ord. No. 14-03, 9-24-14)

Nothing contained herein shall require any change in the plans or construction of any building or structure for which a permit was granted prior to October 1, 2014. However, if such construction does not commence within six (6) months after the issuance of a building permit, further construction shall be in conformity with the provision of this chapter for the district in which the operation is located.

(P.C. Ord. No. 14-03, 9-24-14)