The incorporated area of the Town of Tappahannock shall be divided into nine zoning districts: "RP" Resource Protection; "R-1" Single-Family Residential; "R-2" Single-Family Residential; "R-3" Town Residential; "R-4" Multiple-Family Residential; "MH-1" Manufactured Home Park; "CC-1" Central Commercial; "CG-2" General Commercial; and "I-1" Industrial. The districts shall be established to regulate and restrict the location of trades, industries, and buildings erected or altered for specific uses; to regulate and limit the height and bulk of buildings hereafter erected or structurally altered; to regulate and limit population density and the intensity of the use of lot areas; and to regulate and determine the areas of yards, courts, and other open spaces with and surrounding such buildings. In some areas, these districts have additional regulatory requirements that are established within the provisions of special overlay zones such as the "Chesapeake Bay Preservation (CBPA) Overlay District." In addition, two planned development districts, the "RMX" Residential, Mixed-Use District and the "BP" Business Park District, are provided and may be mapped by action of the Town Council in accordance with procedures set forth herein.

a.

R-1: Single-Family Residential—Low Density. The intent of this district is to provide for low-density single-family detached residences (other than manufactured homes) and supporting uses. This zone is located in and adjacent to areas of the Town where low-density, single-family development patterns on larger lots are generally established. This zone is designed to protect property values in these areas by providing for a transitional residential zone between existing large lot subdivisions and residential areas zoned for smaller lot or nonresidential uses. In general, re-subdivision of lots in existing subdivisions to create additional building lots is not permitted.

b.

R-2: Single-Family Residential—Low Density. The intent of this district is to provide for low-density single-family detached residences (other than manufactured homes) and supporting uses. This zone is located in areas of the Town where low-density single-family development patterns are generally established or where services and facilities will be adequate to serve the anticipated population. This zone is designed to secure for residents a comfortable, healthy, safe, and pleasant environment in which to live, sheltered from incompatible and disruptive activities that properly belong in non-residential districts. This zone is also intended to provide for minor in-filling of existing neighborhoods consistent with their zoning and character at the time of enactment of this Ordinance. Such neighborhoods are relatively uniform in character and stable. The regulations permit future development consistent with existing character. Areas identified as having a stable and fixed character will be allowed to continue to exist and develop under the general regulations governing their design and construction or under the actual plat plans previously approved. In general, re-subdivision of lots in existing subdivisions to create additional building lots is not permitted.

c.

R-3: Town Residential—Medium Density. The intent of this district is to provide for medium-density single-family and multi-family residences and supporting uses. This zone is located in areas of the Town where medium-density single-family and multi-family development patterns are generally established or where services and facilities will be adequate to serve the anticipated population. The comprehensive plan should be used to determine the location and density (units/acre) of this zone. This zone is also intended to provide for minor infilling of existing neighborhoods consistent with their zoning and character at the time of enactment of this Ordinance. Such neighborhoods are relatively uniform in character and stable. The regulations permit future development consistent with existing character. Areas identified as having a stable and fixed character will be allowed to continue to exist and develop under the general regulations governing their design and construction or under the actual plat plans previously approved. In general, re-subdivision of lots in existing subdivisions to create additional building lots is not permitted.

d.

R-4: Multi-Family Residential. This zone is primarily for multi-family dwellings and supporting uses at a higher density than is provided for in either R-1, R-2 or R-3 zones. Within this zone, a variety of housing-types mixes—including single-family, two-family, townhouses, and garden apartments—are encouraged in order to provide for a mix in housing prices, household size, age groups, and lifestyles. Residential cluster is encouraged for development on minimum lot areas to provide for additional open space for common use by local residents as well as by the adjacent community. Recreation, health, and social service facilities for the elderly and handicapped are also encouraged in this zone.

e.

MH-1: Manufactured Home Park Residential. The purpose of the MH-1 Park District is to provide a safe, convenient, and attractive environment for manufactured homes within the Town and to facilitate the provision of housing for low- and moderate-income families. The district requires suitable standards to be met for the expansion of existing manufactured home parks or the establishment of new manufactured home parks.

a.

CC-1: Central Commercial. The purpose of this district is to provide appropriate locations for select commercial activities. Provision is made for accommodation of a wide range of business pursuits, retail sales and office and service activities which serve the needs of citizens of the region. The district is designed to preserve, and to encourage the continued development, as well as redevelopment, of the central business area consistent with the unique land use mix which currently exists. Generally this district covers the historic commercial center of the Town and as such is intended for the conduct of general business to which the public requires direct and frequent access, but which is not characterized either by constant heavy trucking other than stocking and delivery of light retail goods, or by any nuisance factors other than incidental light and noise associated with the congregation of people and passenger vehicles. This district also provides for some residential uses.

b.

CG-2: General Commercial. The intent of this zone is to provide for area-wide-oriented business with a variety of office and commercial uses that are not suitable for location in other zones. This zone is primarily automobile accessible and allows for more intensive uses than the CC-1 zone. This zone is adjacent to major transportation routes and is in locations where new development can be grouped with existing compatible development.

a.

I-1 Industrial District. The purpose of this District is to provide areas in which the principal use of land and buildings is for light manufacturing and assembly plants, processing storage, warehousing, wholesaling and distribution. It is the intent that permitted uses be conducted so that noise, odor, dust, and glare of each operation is confined within an enclosed building.

a.

RMX: Residential, Mixed-Use. The intent of the RMX Residential District is to allow flexibility in the development process by permitting a variety of housing types in association with public and commercial services which are designed to serve the resident community. The harmonious development of commercial and residential uses promotes efficient utilization of land and facilities through the clustering of development with open space areas required and designated for open space and recreation use.

b.

BP: Business Park. The intent of the BP Business Park District is to provide for the concentration of a variety of business and light industrial uses in planned developments serving as regional employment centers on sites that are developed with a park-like character that protects the environment as well as the surrounding community. These zones are located where larger areas of land permit horizontal expansion of sufficient size to provide on-site storage, parking, and landscaped areas and can be reasonably served by a complete array of community facilities. The office park location also provides for ready access to the regional transportation network.

a.

Purpose. Floating zones are zones provided for in the Tappahannock Comprehensive Plan but are not mapped out in detail at the time of adoption of the Tappahannock Zoning Ordinance. The purpose of the designated floating zones is to permit the mapping of areas for land uses that require land area over the next 20 years. The designated floating zone provides a mechanism for the establishment of the district in appropriate areas, limiting the areas to be zoned and setting conditions that must be met by any development proposal seeking such a designation. Further, the procedure is two-stage so that the initial costs are not prohibitive. The Town Council and Planning Commission find that it is not able to locate these areas with precision in advance and that it is desirable to leave specific locations and conditions for future determination as the Town grows and specific needs develop.

b.

Designation of Floating Zones. The following Special Zoning Districts are designated as floating zones:

1.

Residential Mixed-Use District: RMX

2.

Planned Business Park District: BP

This Part shall be known and referred to as the "Chesapeake Bay Preservation Area Overlay District" of the Town of Tappahannock, Virginia.

a.

The Chesapeake Bay and its tributaries are one of the most important and productive estuarine systems in the world, providing economic and social benefits to the citizens of Tappahannock and the Commonwealth of Virginia. The health of the Bay is vital to maintaining Tappahannock's economy and the welfare of its citizens.

b.

The Chesapeake Bay waters have been degraded significantly by many sources of pollution, including non-point source pollution, from land uses and development. Existing high-quality waters are worthy of protection from degradation to guard against further pollution. Certain lands that are proximate to shorelines have intrinsic water quality value due to the ecological and biological processes they perform. Other lands have severe development constraints from flooding, erosion, and soil limitations. With proper management, they offer significant ecological benefits by providing water quality maintenance and pollution control, as well as flood and shoreline erosion control. These lands together designated by the Tappahannock Town Council as Chesapeake Bay Preservation Areas ("CBPAs"), need to be protected from destruction and damage in order to protect the quality of water in the Bay and consequently the quality of life in Tappahannock and the Commonwealth of Virginia.

a.

This Part is enacted to implement the requirements of Code of Virginia (1950), § 10.1-2100 et seq., as amended, (The Chesapeake Bay Preservation Act) and Regulation 9 VAC 10-20, et seq. adopted pursuant thereto by the Chesapeake Bay Local Assistance Board (CBLAB).

The Chesapeake Bay Preservation Act (Act, Code of Virginia (1950), tit. 10, ch. 21, as amended), recognizes that healthy State and local economics are integrally related to each other and the environmental health of the Chesapeake Bay. The purpose of this Part is to control and regulate runoff at the source to protect against and minimize pollution and deposition of sediment in wetlands, streams, and lakes in Tappahannock which are tributaries of the Chesapeake Bay.

The intent of the Tappahannock Town Council and the purpose of the Overlay District are to assist in protection of the Chesapeake Bay and its tributaries from non-point source pollution from land uses or appurtenances within the Chesapeake Bay drainage area. Regulations in this Section shall encourage and promote (1) protection of existing high quality state waters; (2) restoration of all other state waters to a condition or quality that will permit all reasonable public uses and will support the propagation and growth of all aquatic life, including game fish, which might reasonably be expected to inhabit them; (3) safeguarding of the clean waters of the Commonwealth from pollution; (4) preventing any increase in pollution; (5) reducing existing pollution; and (6) promoting water resource conservation in order to provide for the health, safety, and welfare of the present and future citizens of Tappahannock.

b.

This district shall be in addition to and shall overlay all other zoning districts where they are applied so that any parcel of land lying in the Chesapeake Bay Preservation Area Overlay District shall also lie in one or more of the other zoning districts provided for in this Ordinance. Unless otherwise stated in the Overlay District, Appendix A, the Town of Tappahannock Subdivision Ordinance, the Tappahannock Erosion and Sediment Control Ordinance, the Building Regulations Ordinance of Essex County, and any other applicable local ordinance shall be followed in reviewing and approving development, redevelopment, and uses governed by this Article.

c.

This Part is enacted under the Authority of [Code of Virginia,] § 10.1-2100 et seq. (The Chesapeake Bay Preservation Act) and Code of Virginia (1950), § 15.2-22-83, as amended. [Code of Virginia,] § 15.222-83 states that zoning ordinances may "also include reasonable provisions, not inconsistent with applicable state water quality standards, to protect surface water and groundwater as defined in Section 62.1-255."

a.

The Chesapeake Bay Preservation Area Overlay District shall apply to all lands identified as CBPAs as designated by the Town Council and as shown on the Overlay CBPA Map reference map entitled "Town of Tappahannock Resource Protection Area Map" dated December 18, 2023. The Town of Tappahannock Resource Protection Map, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this Ordinance.

1.

The Resource Protection Area includes:

(a)

Tidal wetlands;

(b)

Nontidal wetlands connected by surface flow and contiguous to tidal wetlands or water bodies with perennial flow;

(c)

Tidal shores;

(d)

A 100-foot vegetated buffer area located adjacent to and landward of the components listed in subsections (a) through (c) above, and along both sides of any water body with perennial flow.

2.

The Resource Management Areas, (RMA), includes all lands within the Town that are not designated as Resource Protection Area, (RPA).

b.

The Overlay CBPA Map shows the general location of CBPAs and should be consulted by persons contemplating activities within Tappahannock prior to engaging in a regulated activity. The specific location of RPA on a lot or parcel shall be delineated on each site or parcel as required under Section 22-99.

(Town Council Amended on 3-11-2024)

Permitted uses, special permit uses, accessory uses, any other uses and special requirements shall be as established by the underlying zoning district, unless specifically modified by the requirements set forth herein.

Lot size shall be subject to the requirements of the underlying zoning district(s), provided that any lot shall have sufficient area outside the RPA to accommodate any intended development, in accordance with the performance standards in Section 22-96, when such development is not otherwise allowed in the RPA.

a.

All development and redevelopment exceeding 2,500 square feet of land disturbance shall be subject to a plan of development process, including the approval of a site plan in accordance with the provisions of the Zoning Ordinance or a subdivision plat in accordance with the Subdivision Ordinance unless otherwise provided for.

b.

Development in RPAs may be allowed, subject to approval by the Zoning Administrator, only if it: (i) is water-dependent; (ii) constitutes redevelopment; (iii) is a new use subject to the provisions of Section 22-100 c.2 of this Part; or (iv) is a road or driveway crossing satisfying the conditions set forth in Section 22-97 b.3 below.

1.

A new or expanded water-dependent facility may be permitted provided that:

(a)

It does not conflict with the Comprehensive Plan.

(b)

It complies with the performance criteria set forth in Section 22-100 of this Ordinance.

(c)

Any non-water dependent component is located outside of Resource Protection Area.

(d)

Access will be provided with the minimum disturbance necessary. Where practicable, a single point of access will be provided.

2.

Redevelopment on isolated redevelopment sites shall be permitted only if there is no increase in the amount of impervious cover and no further encroachment within the RPA.

3.

Roads and driveways not exempt under Section 22-105 and which, therefore, must comply with the provisions of this Article, may be constructed in or across RPAs if each of the following conditions are met:

(a)

The Zoning Administrator makes a finding that there are no reasonable alternatives to aligning the road or drive in or across the RPA;

(b)

The alignment and design of the road or driveway are optimized, consistent with other applicable requirements, to minimize encroachment in the RPA and minimize adverse effects on water quality;

(c)

The design and construction of the road or driveway satisfy all applicable criteria of this Article, including the submission of a water quality impact assessment (WQIA);

(d)

The Zoning Administrator reviews the plan for the road or driveway proposed in or across the RPA in coordination with the plan of development requirements as required under Section 22-102 or subdivision plan.

c.

Redevelopment shall conform to applicable stormwater management and erosion and sediment control criteria and may be permitted in the RPA only if there is no increase in the amount of impervious cover and no further encroachment into the RPA.

d.

A WQIA shall be required for any proposed land disturbance, development or redevelopment within RPAs and any development within the RMA that involves more than 50 acres or that results in 60 percent or more impervious cover on the lot or parcel being developed.

In any case where the requirements of this Part conflict with any other provision of the Town Code or existing State or Federal regulations, whichever imposes the more stringent restrictions shall apply.

a.

Delineation by the Applicant. The site-specific boundaries of the Resource Protection Area shall be determined by the applicant through the performance of an environmental site assessment, subject to approval by the Zoning Administrator and in accordance with Section 22-102, (Plan of Development), or a Water Quality Impact Assessment as required under Section 22-101 of this Article. The CBPA Overlay Map shall be used as a guide to the general location of Resource Protection Areas.

b.

Delineation by the Zoning Administrator in RPAs. The Zoning Administrator, when requested by an applicant wishing to construct a single-family residence, or additions to existing homes, or utility buildings, garages, and other structures accessory to single family residences may waive the requirement for an environmental site assessment and perform the delineation. The Zoning Administrator may use hydrology, soils, plant species, and other data, and consult other appropriate resources as needed to perform the delineation.

c.

Where Conflict Arises Over Delineation. Where the applicant has provided a site-specific delineation of the RPA, the Zoning Administrator will verify the accuracy of the boundary delineation. In determining the site-specific RPA boundary, the Zoning Administrator may render adjustments to the applicant's boundary delineation, in accordance with Section 22-102, (Plan of Development), of this Article. In the event the adjusted boundary delineation is contested by the applicant, the applicant may seek relief, in accordance with the provisions of Section 22-102 k. (Denial of Plan, Appeal of Conditions of Modification).

a.

Purpose and Intent. The performance standards establish the means to minimize erosion and sedimentation potential, reduce land application of nutrients and toxics, and maximize rainwater infiltration. Natural ground cover, especially woody vegetation, is most effective in holding soil in place and preventing site erosion. Indigenous vegetation, with its adaptability to local conditions without the use of harmful fertilizers or pesticides, filters stormwater runoff. Minimizing impervious cover enhances rainwater infiltration and effectively reduces stormwater runoff potential.

The purpose and intent of these requirements are also to implement the following objectives: prevent a net increase in non-point source pollution from new development; achieve a ten percent reduction in nonpoint source pollution from redevelopment; and achieve a 40 percent reduction in non-point source pollution from agricultural and silviculture uses.

b.

General Performance Standards for development and Redevelopment.

1.

Land disturbance shall be limited to the area necessary to provide for the proposed use or development.

(a)

In accordance with an approved Plan of Development, the limits of land disturbance, including clearing or grading shall be strictly defined. These limits shall be clearly shown on submitted plans and physically marked on the development site.

(b)

The construction footprint shall not exceed the limits for such as designated by the zoning district of the lot or parcel.

2.

Indigenous vegetation shall be preserved to the maximum extent practicable consistent with the proposed use and development permitted by an approved Plan of Development.

(a)

Existing trees over 12 inches diameter at breast height (DBH) shall be preserved outside the construction footprint. Diseased trees or trees weakened by age, storm, fire, or other injury may be removed.

(b)

Prior to clearing or grading, suitable protective barriers, such as safety fencing, shall be erected outside of the dripline of any tree or stand of trees to be preserved, unless otherwise approved on the Plan of Development. These protective barriers shall remain so erected throughout all phases of construction. The storage of equipment, materials, debris, or fill shall not be allowed within the area protected by the barrier.

3.

Land development shall minimize impervious cover to promote infiltration of stormwater into the ground consistent with the proposed use or development.

(a)

Grid and modular pavements which promote infiltration should be used for any required parking area, alley, or other low traffic driveway.

(b)

Parking areas and driveways shall be designed so as to minimize impervious surfaces.

4.

Notwithstanding any other provisions of this Part or exceptions or exemptions thereto, any land disturbing activity exceeding 2,500 square feet including construction of all single-family houses, septic tanks and drain fields, shall comply with the requirements of Tappahannock Erosion and Sediment Control Ordinance.

5.

All development and redevelopment within the RMAs and RPAs that exceeds 2,500 square feet of land disturbance shall be subject to a plan of development process, including the approval of a site plan in accordance with the provisions of the Zoning Ordinance; or a subdivision plan in accordance with the Subdivision Ordinance; or a Water Quality Impact Assessment in accordance with Section 22-101 of this article.

6.

All on-site sewage disposal systems not requiring a VPDES permit shall be pumped out at least once every five years.

7.

A reserve sewerage disposal site shall be required in accordance with the provisions of Chapter 18-101.5 of the Town of Tappahannock Code.

8.

For any use, development or redevelopment, stormwater runoff shall be controlled by the use of best management practices consistent with the water quality protection provisions of the Virginia Stormwater Management Regulations (4 VAC 3-20-10 et seq.) For purposes of this subsection the site may include multiple projects or properties that are adjacent to one another or lie within the same drainage area where a single best management practice will be utilized by those projects to satisfy water quality protection requirements.

(a)

For new development, the post-development non-point source pollution runoff load shall not exceed the pre-development load, based on the CBLAD default average watershed load of 0.45 pounds of phosphorus per acre per year.

(b)

Redevelopment of any site shall achieve at least a 10 percent reduction of the nonpoint source pollution in runoff compared to the existing runoff load from the site. The Zoning Administrator may waive or modify this requirement for redevelopment sites that originally incorporated best management practices for stormwater runoff quality control, provided the following provisions are satisfied:

(1)

In no case may the post-development non-point source pollution runoff load exceed the pre-development load;

(2)

Runoff pollution loads must have been calculated and the BMPS selected for the expressed purpose of controlling non-point source pollution;

(3)

If best management practices are structural, evidence shall be provided that facilities are currently in good working order and performing at the design levels of service. The Zoning Administrator may require a review of both the original structural design and maintenance plans to verify this provision. A new maintenance agreement may be required to ensure compliance with this Part.

(4)

Redevelopment of any site not currently served by water quality best management practices shall achieve at least a ten percent reduction of nonpoint source pollution in runoff compared to the existing runoff load from the site.

(c)

For redevelopment, both the pre- and post-development loadings shall be calculated by the same procedures. However, where the design data is available, the original post-development non-point source pollution loadings can be substituted for the existing development loadings.

9.

Prior to initiating grading or other on-site activities on any portion of a lot or parcel, all wetlands permits or other permits required by Federal, State, and local laws and regulations shall be obtained and evidence of such submitted to the Zoning Administrator, in accordance with Section 22-102, of this Part.

10.

Land upon which agricultural activities are being conducted shall have a soil and water quality conservation assessment. Such assessments shall evaluate the effectiveness of existing practices pertaining to soil erosion and sediment control, nutrient management and management of pesticides, and where necessary, results in a plan that outlines additional practices needed to ensure that water quality protection is accomplished consistent with this Article.

c.

Buffer Area Requirements. To minimize the adverse effects of human activities on the other components of Resource Protection Areas, State waters, and aquatic life, a 100-foot buffer area of vegetation that is effective in retarding runoff, preventing erosion, and filtering non-point source pollution from runoff shall be retained if present and established during development where it does not exist.

The buffer area shall be located adjacent to and landward of other RPA components. and along both sides of any water body with perennial flow. The full buffer area shall be designated as the landward component of the RPA, in accordance with Sections 22-94 (Areas of Applicability) and Section 22102 (Plan of Development) of this Part. The 100-foot buffer area shall be deemed to achieve a 75 percent reduction of sediments and a 40 percent reduction of nutrients.

1.

Permitted modifications to the buffer area.

(a)

In order to maintain the functional value of the buffer area, indigenous vegetation may only be removed, subject to approval by the Zoning Administrator, to provide for reasonable sight lines, access paths, general wood lot management, and best management practices, as follows:

(1)

Trees may be pruned or removed as necessary to provide for sight lines and vistas, provided that where removed, they shall be replaced with other vegetation that is equally effective in retarding runoff, preventing erosion, and filtering non-point source pollution from runoff.

(2)

Any path shall be constructed and surfaced so as to effectively control erosion.

(3)

Noxious weeds, dead, diseased, or dying trees or shrubbery may be removed and thinning of trees as permitted by the Zoning Administrator, pursuant to sound horticultural practices.

(4)

For shoreline erosion control projects, trees and woody vegetation may be removed, necessary control techniques employed, and appropriate vegetation established to protect or stabilize the shoreline in accordance with the best available technical advice and applicable permit conditions or requirements.

2.

When the application of the buffer areas would result in the loss of a buildable area on a lot or parcel recorded prior to October 1, 1989, the Zoning Administrator, through an administrative process, may permit an encroachment into the buffer area in accordance with Section 22-102 (Plan of Development) and the following criteria:

(a)

Encroachments into the buffer areas shall be the minimum necessary to achieve a reasonable buildable area for a principal structure and necessary utilities;

(b)

Where practicable, a vegetated area that will maximize water quality protection, mitigate the effects of the buffer encroachment, and is equal to the area of encroachment into the buffer area shall be established elsewhere on the lot; and,

(c)

The encroachment may not extend into the seaward 50 feet of the buffer area.

3.

On agricultural lands the agricultural buffer area shall be managed to prevent concentrated flows of surface water from breaching the buffer area and noxious weeds from invading the buffer area. Agricultural activities may encroach into the landward portion of the buffer area as follows:

(a)

To a maximum of 50 feet when at least one agricultural best management practice, which, in the opinion of the Three Rivers Soil and Water Conservation District Board, addresses the more predominant water quality issue on the adjacent land-erosion control or nutrient management, is being implemented on the adjacent land, provided that the combination of the undisturbed buffer area and the best management practices achieve water quality protection, pollutant removal, and water resource conservation at least the equivalent of the 100-foot wide buffer area. If nutrient management is identified as the predominant water quality issue, a nutrient management plan, including soil test, must be developed consistent with the Virginia Nutrient Training and Certification Regulations (4 VAC 5-15 et seq.) administered by the Virginia Department of Conservation and Recreation;

(b)

To a maximum of 75 feet when agricultural best management practices which address erosion control, nutrient management, and pest chemical control, are being implemented on the adjacent land. The erosion control practices must prevent erosion from exceeding the soil loss tolerance level, referred to at "T," as defined in the "National Soil Survey Handbook" of the November 1996 in the "Field Office Technical Guide" of the U.S. Department of Agriculture Natural Resource Conservation Service. A nutrient management plan, including soil test, must be developed consistent with the Virginia Nutrient Training and Certification Regulations (4 VAC 5-15 et seq.) administered by the Virginia Department of Conservation and Recreation.

(c)

It is not required for agricultural and silvicultural drainage ditches if the adjacent agricultural land has in place at least one best management practice in accordance with a conservation plan approved by the Three Rivers Soil and Water Conservation District.

4.

When agricultural uses within the buffer area cease, and the lands are proposed to be converted to other uses, the full 100-foot-wide buffer area shall be reestablished. In reestablishing the buffer, management measures shall be undertaken to provide woody vegetation that assures the buffer functions are maintained or established.

a.

Purpose and Intent. The purpose of the water quality impact assessment is to: (i) identify the impacts of proposed development on water quality and lands with RPAs and other environmentally-sensitive lands; (ii) ensure that, where development does take place within RPAs and other sensitive lands, it will be located on those portions of a site and in a manner that will be least disruptive to the natural functions of RPAs and other sensitive lands; (iii) to protect individuals from investing funds for improvements proposed for location on lands unsuited for such development because of high ground water, erosion, or vulnerability to flood and storm damage; and (iv) specify mitigation which will address water quality protection.

b.

Water Quality Impact Assessment Required. A water quality impact assessment is required for any proposed development with an RPA, including any buffer area modification or encroachment as provided for in Section 22-100 c.2, of this Part, and in any development in the RMA if (i) the proposed development exceeds 50 acres, or (ii) the proposed development results in more than 60 percent impervious cover on the lot or parcel being developed. There shall be two levels of water quality impact assessments: a minor assessment and a major assessment.

c.

Minor Water Quality Impact Assessment. A minor water quality impact assessment pertains only to development within CBPAs which causes no more than 5,000 square feet of land disturbance and proposes any land disturbance, modification of or encroachment into the landward 50 feet of the 100 foot buffer area. A minor assessment must demonstrate through acceptable calculations that the undisturbed buffer area and necessary best management practices will result in removal of no less than 75 percent of sediments and 40 percent of nutrients from post-development stormwater runoff. A minor assessment shall include a site drawing to scale which shows the following:

1.

Location of the components of the RPA, including the 100-foot buffer area;

2.

Location and nature of the proposed encroachment into the buffer area, including: type of paving material; areas of clearing or grading; location of any structures, drives, or other impervious cover; and sewage disposal systems or reserve drain field sites;

3.

Type and location of proposed best management practices to mitigate the proposed encroachment.

4.

Location of existing vegetation on site, including the number and type of trees and other vegetation to be removed in the buffer to accommodate the encroachment or modification.

5.

Re-vegetation plan that supplements the existing buffer vegetation in a manner that provides for pollutant removal, and erosion and runoff control.

d.

Major Water Quality Impact Assessment. A major water quality impact assessment shall be required for any development which (i) exceeds 5,000 square feet of land disturbance within CPBAs and proposes any land disturbance, modification of or encroachment into the landward 50 feet of the 100-foot buffer area; (ii) disturbs any portion of any other component of an RPA or disturbs any portion of the buffer area within 50 feet of any other component of an RPA; or (iii) is located in an RMA and is deemed necessary by the Zoning Administrator. The information required in this section shall be considered a minimum, unless the Zoning Administrator determines that some of the elements are unnecessary due to the scope and nature of the proposed use and development of land.

The following elements shall be included in the preparation and submission of a major water quality assessment:

1.

All of the information required in a minor water quality impact assessment, as specified in Section 22-101 c;

2.

A hydrogeological element that:

(a)

Describes the existing topography, soils, hydrology, and geology of the site and adjacent lands.

(b)

Describes the impacts of the proposed development on topography, soils, hydrology, and geology on the site and adjacent lands.

(c)

Indicates the following:

(1)

Disturbance or destruction of wetlands and justification for such action:

(2)

Disruptions or reductions in the supply of water to wetlands, streams, rivers, or other water bodies;

(3)

Disruption to existing hydrology including wetland and stream circulation patterns;

(4)

Source location and description of proposed fill material;

(5)

Location of dredge material and location of dumping area for such material;

(6)

Estimation of pre and post-development pollutant loads in runoff;

(7)

Estimation of percent increase in impervious surface on site and type(s) of surfacing materials used;

(8)

Percent of site to be cleared for project;

(9)

Anticipated duration and phasing schedule of construction project;

(10)

Listing of all requisite permits from all applicable agencies necessary to develop project.

(d)

Describes the proposed mitigation measures for the potential hydrogeological impacts. Potential mitigation measures include:

(1)

Proposed erosion and sediment control concepts beyond those normally required under Section 22-101 b.4 of this ordinance;

(2)

Proposed stormwater management system for nonpoint source quality control;

(3)

Creation of wetlands to replace those lost;

(4)

Minimizing cut and fill.

3.

Landscape and clearing elements that:

(a)

Identifies and delineates the location of all significant plant material, including all trees on site 12 inches or greater diameter at breast height. Where there are groups of trees, stands may be outlined.

(b)

Describes the impacts the development or use will have on the existing vegetation. Information should include:

(1)

General limits of clearing, based on all anticipated improvements, including buildings, drives, and utilities;

(2)

Clear delineation of all trees and woody vegetation which will be removed;

(3)

Description of plant species to be disturbed or removed.

(4)

Describes the potential measures for mitigation. Possible mitigation measures include:

(i)

Replanting schedule for trees and other significant vegetation removed for construction, including a list of possible plants and trees to be used;

(ii)

Demonstration that the design of the plan will preserve to the greatest extent possible any significant trees and vegetation on the site and will provide maximum erosion control and overland flow benefits from such vegetation.

(iii)

Demonstration that indigenous plants are to be used to the greatest extent possible.

e.

Submission and Review Requirements.

1.

Five copies of all site drawings and other applicable information as required by Subsections c. and d. above shall be submitted to the Zoning Administrator for review.

2.

All information required in this section shall be certified as complete and accurate by a professional engineer or a certified land surveyor.

3.

A minor water quality impact assessment shall be prepared and submitted to and reviewed by the Zoning Administrator in conjunction with Section 22-102, (Plan of Development) of this Article.

4.

A major water quality impact assessment shall be prepared and submitted to and reviewed by the Zoning Administrator in conjunction with Section 22-102 of this Article.

5.

As part of any major water quality impact assessment submittal, the Zoning Administrator may require review by the Chesapeake Bay Local Assistance Department (CBLAD). Upon receipt of a major water quality impact assessment, the Zoning Administrator will determine if such review is warranted and may request CBLAD to review the assessment and respond with written comments. Any comments by CBLAD will be incorporated into the final review by the Zoning Administrator provided that such comments are provided by CBLAD within 90 days of the request.

f.

Evaluation Procedure.

1.

Upon completed review of a minor water quality impact assessment, the Zoning Administrator will determine if any proposed modification or encroachment into the buffer area is consistent with the provisions of this Part and make a finding based upon the following criteria in conjunction with Section 22-102.

(a)

The necessity of the proposed encroachment and the ability to place improvements elsewhere on the site to avoid disturbance of the buffer area;

(b)

Land disturbances and impervious surfaces are minimized;

(c)

Proposed mitigation measures, including the revegetation plan and site design, result in minimal disturbance to all components of the RPA, including the 100-foot buffer area;

(d)

Proposed best management practices, where required, achieve the requisite reductions in pollutant loadings;

(e)

The development, as proposed, meets the purpose and intent of this Part;

(f)

The cumulative impact of the proposed development, when considered in relation to other development in the vicinity, both existing and proposed, will not result in a significant degradation of water quality.

2.

Upon the completed review of a major water quality impact assessment, the Zoning Administrator will determine if the proposed development is consistent with the purpose and intent of this Part and make a finding based upon the following criteria in conjunction with Section 22-102.

(a)

Within any RPA, the proposed development is water-dependent or redevelopment;

(b)

The disturbance of wetlands will be minimized;

(c)

The development will not result in significant disruption of the hydrology of the site;

(d)

The development will not result in unnecessary destruction of plant materials on site;

(e)

Proposed erosion and sediment control concepts are adequate to achieve the reductions in runoff and prevent off-site sedimentation;

(f)

Proposed stormwater management concepts are adequate to control the stormwater runoff to achieve the required standard for pollutants control;

(g)

Proposed revegetation of disturbed areas will provide optimum erosion and sediment control benefits, as well as runoff control and pollutant removal equivalent of the full 100-foot undisturbed buffer area;

(h)

The design and location of any proposed drain field will be in accordance with the requirements of Section 22-100.

(i)

The development, as proposed, is consistent with the purpose and intent of the Overlay District;

3.

The Zoning Administrator shall require additional mitigation where potential impacts have not been adequately addressed. Evaluation of mitigation measures will be made by the Zoning Administrator based on the criteria listed above in subsections 1. and 2.

The Zoning Administrator shall find the proposal to be inconsistent with the purpose and intent of this Article when the impacts created by the proposal cannot be mitigated. Evaluation of the impacts will be made by the Zoning Administrator based on the criteria listed in subsections 1. and 2.

a.

Purpose. This section is enacted to assure compliance with this Part and all applicable ordinances and regulations to protect and enhance the values of the natural environment in Tappahannock, to protect the economic value of the natural environment from unwise and disorderly development, to ensure the efficient use of land, and to create standards in the layout, design, landscaping and construction of development.

b.

Applicability.

1.

Any development or redevelopment exceeding 2,500 square feet of land disturbance in the CBPA shall be accomplished through a plan of development process prior to any clearing or grading of the site or the issuance of any zoning permit, to assure compliance with all applicable requirements of this Part unless otherwise provided for.

2.

Pre-Application—Conference. Prior to submitting a Plan of Development, the applicant should schedule a pre-application conference with the Administrator. Sketched plans may be submitted prior to or on the conference date. Due to the existing site conditions, the Administrator may waive certain requirements of the plan of development process.

c.

Required Information. In addition to the requirements of the underlying Zoning Ordinance, the requirements of Appendix A, the Tappahannock Subdivision Ordinance, and any other related ordinances, regulations, or laws, the plan of development process shall consist of the plans and studies identified below. These required plans or studies may be coordinated or combined, as deemed appropriate by the Zoning Administrator. The Zoning Administrator may determine that some of the following information is unnecessary due to the scope and nature of the proposed development.

The following plans or studies shall be submitted, unless otherwise provided for:

1.

A site plan in accordance with the provisions of this Part, Appendix A, and/or a subdivision plat in accordance with the provisions of Appendix A of the Tappahannock Subdivision Ordinance;

2.

An environmental site assessment;

3.

A landscape and clearing plan;

4.

A stormwater management plan;

5.

An erosion and sediment control plan in accordance with the provisions of the Tappahannock Erosion and Sediment Control Ordinance.

d.

Site Plan Information. Two copies of the site plan shall be submitted and shall be clearly drawn to scale and shall show the following, in addition to the information required in Appendix A, unless otherwise indicated by the Administrator:

1.

Computation shall include the total site area in acres, the approximate amount and percentage of the site to be covered by open space, and the amount and percentage to be covered by impervious surface after development.

2.

The locations of all existing and proposed septic tanks and drain field sites including reserve sites; the location of all existing and proposed wells.

3.

The shortest distances from all property lines to all existing and proposed structures.

e.

Environmental Site Assessment. An environmental site assessment shall be submitted in conjunction with preliminary site plan or preliminary subdivision plan approval applications. The Administrator may waive the requirements of the environmental site assessment provided no part of the lot or parcel being developed is within the RPA boundaries as determined by the Town.

1.

The environmental site assessment shall be drawn to scale and clearly delineate the following environmental features:

(a)

Tidal wetlands;

(b)

Tidal shore;

(c)

Nontidal wetlands connected by surface flow and contiguous to tidal wetlands or water bodies with perennial flow;

(d)

A 100-foot buffer area located adjacent to and landward of the components listed in subsections (a) through (c) above, and along both sides of any water body with perennial flow.

2.

Wetlands delineations shall be performed consistent with the procedures specified in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, 1986.

3.

The environmental site assessment shall delineate the site-specific geographic extent of the RPA.

4.

The environmental site assessment shall be drawn at the same scale as the preliminary site plan or subdivision plat and shall be certified as complete and accurate by a professional engineer, a soil scientist, a wetlands scientist, a certified land surveyor, a certified landscape architect, or a person or firm competent to make the assessment.

f.

Landscape and Clearing Plan. A landscape and clearing plan shall be submitted in conjunction with site plan approval or as part of subdivision plan approval. The Administrator may waive the requirements of the landscape and clearing plan if the proposed clearing and/or grading is less than 10,000 feet.

Landscape and clearing plans shall be prepared and/or certified by a certified professional or person, firm or corporation, competent to design such plans.

1.

Contents of the plan.

(a)

The landscape and clearing plan shall be drawn to scale and clearly delineate the location, size and description of existing and proposed plant material. All existing trees on the site 12 inches or greater diameter at breast height (DBH) shall be shown on the landscape and clearing plan. Where there are groups of trees, wood lines of the group may be outlined instead. The specific number of trees 12 inches or greater DBH to be preserved outside of the impervious cover and outside the groups shall be indicated on the plan. Trees proposed to be removed and wood lines to be changed to create a desired impervious cover shall be clearly delineated on the landscape and clearing plan.

(b)

Any required CPBA buffer area shall be clearly delineated and any woody vegetation to be added to establish or supplement the buffer area, as required by this Part, shall be shown on the landscape and clearing plan.

(c)

Within the buffer area, trees to be removed for sightlines, vistas, access paths, and best management practices, as provided for in this Part, shall be shown on the plan. Woody vegetation required by this Part to replace any existing trees within the buffer area shall also be shown on the landscape and clearing plan.

(d)

Trees to be removed for shoreline stabilization projects and any replacement woody vegetation required by this Part shall be shown on the landscape plan.

(e)

The landscape and clearing plan will include specifications for the protection of existing trees during clearing, grading, and all phases of construction.

(f)

If the proposed development is a change in use from agricultural or silvicultural to some other use, the plan must demonstrate the reestablishment of woody vegetation in the 100-foot CBPA buffer area if not already present.

2.

Plant Specifications.

(a)

All plant material necessary to supplement the CBPA buffer area or vegetated areas outside the impervious cover shall be installed according to standard planting practices and procedures.

(b)

All supplementary or replacement plant materials shall be living and in healthy condition.

(c)

Where areas to be preserved, as designated on an approved landscape and clearing plan, are encroached, replacement of existing trees and other vegetation will be achieved at a ratio of two planted trees to one removed. Replacement trees shall be a minimum of two and one-half inches DBH at the time of planting.

(d)

Use of native or indigenous species.

3.

Maintenance.

(a)

The applicant shall be responsible for the maintenance and replacement of all vegetation as may be required by the provisions of this Part.

(b)

In CBPA buffer areas and areas outside the impervious cover, plant material shall be tended and maintained in a healthy growing condition and free from refuse and debris. Unhealthy, dying, or dead plant materials shall be replaced during the next planting season, as required by the provisions of this Part.

g.

Stormwater Management Plan. A stormwater management plan shall be submitted as part of the plan of development process required by this Part and in conjunction with site plan or subdivision plat approval.

1.

Contents of Plan. The stormwater management plan shall contain maps, charts, graphs, tables, photographs, narrative descriptions, explanations, and citations to supporting references as appropriate to communicate the information required by this Part. At a minimum, the stormwater management plan must contain the following:

(a)

Location and design of all planned stormwater control devices;

(b)

Procedures for implementing non-structural stormwater control practices and techniques;

(c)

Pre and post-development non-point source pollutant loadings with supporting documentation of all utilized coefficients and calculations;

(d)

For facilities, verification of structural soundness, including a Professional Engineer or Class III-B Surveyor Certification;

2.

Site specific facilities shall be designed for the ultimate development of the contributing watershed based on zoning, comprehensive plans, local public facility master plans, or other similar planning documents.

3.

All engineering calculations must be performed in accordance with procedures outlined in the current edition of the Virginia Stormwater Management Handbook.

4.

The plan shall establish a long-term schedule for inspection and maintenance of stormwater management facilities that includes all maintenance requirements and persons responsible for performing maintenance. If the designated maintenance responsibility is with a party other than Tappahannock, then a maintenance agreement shall be executed between the responsible party and the Town of Tappahannock.

h.

Erosion and Sediment Control Plan. An erosion and sediment control plan shall be submitted that satisfies the requirements of this Part and in accordance the Tappahannock Erosion and Sediment Control Ordinance, in conjunction with site plan or subdivision plat approval.

i.

Final Plan. Final plans for property within CBPAs shall be final plats for land to be subdivided and/or site plans for land not to be subdivided as required by this Ordinance, Appendix A, or the Tappahannock Subdivision Ordinance.

1.

Final site plans, plans of development, plats, plots or final subdivision plans for all lands within CBPAs shall include the following additional information:

(a)

The delineation of the Resource Protection Area boundary; if any lot, parcel, or portion of lot or parcel, lies within the RPA;

(b)

The delineation of required buffer areas; if any lot, parcel, or portion of lot or parcel, lies within the RPA;

(c)

The delineation of RMA wetlands;

(d)

The delineation of the RMA boundary;

(e)

All wetlands permits required by law;

(f)

Plat or plan note providing that on-site septic systems must be pumped out every five years, or that a certification must be submitted by a sewage handler permitted by the Virginia Department of Health that the septic system has been inspected, is functioning properly, and the tank does not need to have the solids pumped out;

(g)

Plat or plan note providing that a 100 percent reserve drainfield is required for on-site sewage treatment systems; and

(h)

Plat or plan note of the permissibility of only water dependent facilities or redevelopment or other specifically authorized uses as permitted by Virginia law in Resource Protection Areas, including the 100-foot-wide buffer area.

(i)

Plat or plan depiction indicating the buildable area. All subdivision plats shall include a notation that setbacks and yards shown hereon are based on current district requirements at the time of approval but shall not take precedence over any subsequently adopted setback requirements related to any rezoning action or district regulation amendments.

(j)

A maintenance agreement as deemed necessary and appropriate by the Zoning Administrator to ensure proper maintenance of best management practices in order to continue their functions.

(k)

Water Quality Impact Assessment as required by Section 22-101 b. of this article.

(l)

Plat or plan note stating that no land disturbance or vegetation removal is allowed in the buffer area, if present, without review and approval by the Zoning Administrator.

(m)

Any additional requirements specified in the various subsections of 22-102.

j.

Administrative Responsibility. Administration of the plan of development process shall be in accordance with this Ordinance and/or the Tappahannock Subdivision Ordinance. The Zoning Administrator shall approve, approve subject to conditions, or disapprove the plans in accordance with the reviewing authorities' recommendations and provide the results to the applicant.

k.

Denial of Plan, Appeal of Conditions or Modifications. In the event the final plan or any component of the plan of development process is disapproved and recommended conditions or modifications are unacceptable to the applicant, the applicant may appeal the decision of the Zoning Administrator to the Board of Zoning Appeals. In granting an appeal, the Board of Zoning Appeals must find such plan to be in accordance with all applicable ordinances and include necessary elements to mitigate any detrimental impact on water quality and upon adjacent property and the surrounding area, or such plan meets the purpose and intent of the performance standards in this Part. If the Board of Zoning Appeals finds that the applicant's plan does not meet the above stated criteria, they shall deny approval of the plan.

(Town Council Amended on 3-11-2024)

a.

Nonconforming Building and Structures. The lawful use of a building or structure which existed on October 28, 1991, and which is not in conformity with the provisions of the Overlay District, may be continued in accordance with Town of Tappahannock Zoning Ordinance and may be granted a waiver from the requirements of this Article in accordance with the following procedure.

1.

The Zoning Administrator may grant a nonconforming use and development waiver of this Article for structures on legal nonconforming lots or parcels to provide for remodeling and alterations to principal nonconforming structures provided that:

(a)

There will be no increase in non-point source pollution load;

(b)

Any development or land disturbance exceeding an area of 2,500 square feet complies with all erosion and sediment control requirements of this Part.

2.

An application for a nonconforming use waiver shall be made to and upon forms furnished by the Zoning Administrator and shall include for the purpose of proper enforcement of this Article the following information:

(a)

Name and address of applicant and property owner;

(b)

Legal description of the property and type of proposed use and development;

(c)

A sketch of the dimensions of the lot or parcel, location of buildings and proposed additions relative to the lot lines, and boundary of the Resource Protection Area;

(d)

Location and description of any existing private water supply or sewage system.

3.

A nonconforming use waiver shall become null and void 12 months from the date issued if no substantial work has commenced.

4.

An application for the expansion of a legal, nonconforming structure may be approved through an administrative review process provided that the following findings are made:

(a)

The request for the waiver is the minimum necessary to afford relief.

(b)

Granting the waiver will not confer upon the applicant any specific privileges that are denied by this Part to other property owners in similar situations;

(c)

The waiver is in harmony with the purpose and intent of this Part and does not result in water quality degradation;

(d)

The waiver is not based on conditions or circumstances that are self-created or self-imposed;

(e)

Reasonable and appropriate conditions are imposed, as warranted, that will prevent the waiver from causing a degradation of water quality;

(f)

Other findings, as appropriate and required by the Town of Tappahannock are met; and

(g)

In no case shall this provision apply to accessory structures.

b.

Casualty Loss.

1.

Pre-existing structures within any CBPAs may be reconstructed in the event of casualty loss to its original condition prior to the casualty loss. Any expansion of the structure shall meet the requirements of this Part.

a.

Exemptions for Public Utilities, Railroads, Public Roads, and Facilities.

1.

Reserved.

2.

Construction, installation, operation, and maintenance of electric, natural gas, fiber-optic and telephone transmission lines, railroads, and public roads and their appurtenant structures in accordance with (i) the Erosion and Sediment Control Law (Code of Virginia (1950), § 10.1-560, et seq., as amended,) and the Stormwater Management Act (Code of Virginia (1950), § 10.1603.1 et. seq.), (ii) an erosion and sediment control plan and stormwater management plan approved by the Department of Environmental Quality, or (iii) local water quality protection criteria at least as stringent as the above state requirements are deemed to constitute compliance with these regulations. The exemption of public roads is further conditioned on the following:

(a)

The road alignment and design has been optimized, consistent with all applicable requirements, to prevent or otherwise minimize the encroachment in the Resource Protection Area and to minimize the adverse effects on water quality.

b.

Exemptions for Local Utilities and other service lines. Construction, installation, and maintenance of water, sewer, and natural gas lines, underground telecommunications and cable television lines owned, permitted or both, by a local government or regional service authority shall be exempt from the criteria in this part provided that:

1.

To the degree possible, the location of such utilities and facilities should be outside RPAs;

2.

No more land shall be disturbed than is necessary to provide for the proposed utility installation;

3.

All such construction, installation, and maintenance of such utilities and facilities shall be in compliance with all applicable State and Federal requirements and permits and designed and conducted in a manner that protects water quality; and

4.

Any land disturbance exceeding an area of 2,500 square feet complies with the requirements for the Tappahannock Erosion and Sediment Control Ordinance.

c.

Exemptions for Silviculture Activities. Silvicultural activities are exempt from the requirements of the Part provided that silvicultural operations adhere to water quality protection procedures prescribed by the Virginia Department of Forestry in the January 1997 edition of "Virginia's Forestry Best Management Practices for Water Quality [Technical Guide]."

d.

Exemptions in Resource Protection Areas. The following land disturbances in Resource Protection Areas may be exempted from the Overlay District: (i) water wells; (ii) passive recreation facilities such as boardwalks, trails, and pathways; and (iii) historic preservation and archaeological activities, provided that it is demonstrated to the satisfaction of the Zoning Administrator that:

1.

Any required permits, except those to which this exemption specifically applies, shall have been issued;

2.

Sufficient and reasonable proof is submitted that the intended use will not deteriorate water quality;

3.

The intended use does not conflict with nearby planned or approved uses; and,

4.

Any land disturbance exceeding an area of 2,500 square feet shall comply with all Tappahannock Erosion and Sediment Control Ordinance requirements.

e.

Exemption from Resource Management Areas.

1.

An applicant may apply to have his property made exempt from the requirements of the Resource Management Area. An environmental site assessment along with a study indicating the location, concentration or absence of the following RMA physical characteristics must be submitted to the Administrator:

(a)

Highly erodible soils;

(b)

Steep slopes greater than 25 percent;

(c)

Highly permeable soils;

(d)

Nontidal wetlands not included in the RPA;

(e)

Floodplain.

2.

Upon review of the environmental site assessment, if:

(a)

There is no Resource Protection Area, as established by Section 22-94 a.1. of this Part, located on or within 500 feet of any portion of the lot or parcel;

(b)

There is no Resource Management Area Component, as established by Section 22-94 a.2. of this Part, located on any portion of the lot or parcel;

(c)

An environmental site assessment, as established by Section 22-102 e. of this Ordinance which accurately demonstrates the absence of RMA components, is submitted and approved by the Administrator;

(d)

The environmental site assessment is prepared by a qualified soil scientist and wetland scientist, or any person who is determined to be qualified by the Administrator; and

(e)

The applicant shall cause a plat depicting the areas approved for exemption to be recorded among the land records in the Circuit Court Clerk's Office of Essex County, Virginia, prior to the issuance of any permits that would otherwise be unlawful in the RMA.

a.

Any request for an exception to the requirements of Sections 22-97 and 22-100 c. of this Part shall be reviewed and considered by the Tappahannock Board of Zoning Appeals. The request shall identify the impacts of the proposed exception on water quality and on lands within the Resource Protection Area through the performance of a water quality impact assessment which complies with the provisions of Section 22-101.

b.

The Town of Tappahannock shall notify the affected public of any such exception requests and shall consider these requests in a public hearing in accordance with Code of Virginia, § 15.2-2204, except that only one hearing shall be required.

c.

The Tappahannock Board of Zoning Appeals shall review the request for an exception and the water quality impact assessment and may grant the exception with such conditions and safeguards as deemed necessary to further the purpose and intent of this part if the Tappahannock Board of Zoning Appeals finds:

1.

Granting the exception will not confer upon the applicant any special privileges denied by this Part to other property owners in the Overlay District;

2.

The exception request is not based on conditions or circumstances that are self-created or self-imposed, nor does the request arise from conditions or circumstances either permitted or non-conforming that are related to adjacent parcels;

3.

The exception request is the minimum necessary to afford relief;

4.

The exception request will be in harmony with the purpose and intent of the Overlay District, not injurious to the neighborhood or otherwise detrimental to the public welfare, and is not of substantial detriment to water quality; and

5.

Reasonable and appropriate conditions upon any exception shall be imposed as necessary which will prevent the exception request from causing a degradation of water quality.

d.

A request for an exception to the requirements of provisions of this Part other that Sections 22-97 and 22-100 c. shall be made in writing to the Zoning Administrator. The Zoning Administrator may grant these exceptions provided that

1.

Exceptions to the requirements are the minimum necessary to afford relief; and

2.

Reasonable and appropriate conditions are placed upon any exception that is granted, as necessary, so that the purpose and intent of this Part is preserved.

3.

Exceptions under Section 22-100 b. may be made provided that the findings noted in Section 22-106 c.15 are made.

a.

Having examined the pattern of residential, commercial, industrial and institutional development within CBPAs of the Town, Town Council finds that there are areas of existing development and infill sites where little of the natural environment remained as of the date of adoption of the local Chesapeake Bay Preservation Act program by Town Council on October 28, 1991, which meet the requirements of state law to be declared an IDA. Therefore, Town Council hereby designates the following areas of the CBPA to be included in IDA overlay as permitted by law:

1.

Areas within the Resource Protection Areas within the Chesapeake Bay Preservation Area Overlay District meeting the requirements of subsections (a) and (b), below:

(a)

Any developed or built-upon lot in an area in which development was concentrated as of October 28, 1991, so that little of the natural environment remained and this criterion has been continuously met since that time that time and remains at this time is hereby designated as an IDA by the Town Council, provided at least one of the following conditions existed as of October 28, 1991:

i.

Development had severely altered the natural state of the lot such that it had more than 50 percent impervious surface; or

ii.

Public sewer and water systems, or a constructed stormwater drainage system, or both, have been constructed and served the area by October 28, 1991. This condition does not include areas planned for public sewer and water or constructed stormwater drainage systems; or

The housing density existing in the area of the lot equals or exceeds four dwelling units per acre; and provided, further, that the use existing or proposed on the lot is consistent with the Comprehensive Plan.

(b)

Any lot proposed as an IDA that was vacant or undeveloped as of October 28, 1991 is hereby designated as infill IDA by the Town Council if, in addition to satisfying the requirements of subsection a.1.(a) above, the development proposed is consistent with the Comprehensive Plan in effect at the time determination of infill IDA status is made, such lot is located in areas served by public water and sewer, and such lot is generally surrounded by intensely developed areas.

b.

For purposes of subsection a.1.(a)ii, above, a lot is deemed located in an area served by public water and sewer if sewer and water lines have been constructed and served the area on or before October 28, 1991, and if the lot at that time lay within 500 feet of water and sewer lines into which it was or may have been connected.

c.

The boundaries of an intensely developed area shall ordinarily be determined by reference to the adopted Chesapeake Bay Preservation Overlay District map adopted herewith or by zoning determination issued by the zoning administrator for areas meeting the criteria identified in subsection a.1 above. In the event the map does not depict the boundaries of any lot, the zoning administrator may issue a zoning determination as authorized by Virginia Code § 15.2-2286(A)(4) to confirm whether the lot is in an IDA, i.e., whether the lot meets the criteria within a.1 above. An application for zoning determination from the owner shall be accompanied by a certified metes and bounds description and plat depicting the boundary of his lot as well as any verification or evidence required by the Zoning Administrator that the lot qualifies for designation as an IDA.

d.

Designation of a lot as an intensely developed area or infill IDA shall be an overlay in addition to, and not in lieu of, the designation of Chesapeake Bay Preservation Areas upon such lot. Development or redevelopment upon any lot designated as an intensely developed area or infill IDA shall conform to all requirements for redevelopment as established by this ordinance.

(Town Council Amended on 6-10-2024)

Editor's note— Town Council Amended on 6-10-2024, set out provisions intended for use as § 22-107. Inasmuch as there were already provisions so designated, said section has been codified herein as § 22-106.1 at the discretion of the editor.

This Part shall be known and referred to as the "Airport Overlay District" of the Town of Tappahannock, Virginia.

The airport safety overlay district is adopted pursuant to the authority conferred by Code of Virginia, § 15.2-2294 and is based upon findings that obstructions to air navigation have the potential for endangering the lives and property of users of the airports and residents of the Town of Tappahannock; and that obstructions may reduce the size of areas available for the landing, takeoff, and maneuvering of aircraft, thus tending to destroy or impair the utility of the airports and the public investment therein.

In order to carry out the provisions of this ordinance, there are hereby established certain zones which include all of the area and airspace of the Town of Tappahannock lying equal to and above the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to the Tappahannock Municipal Airport and the Essex County Airport. These zones are established as overlay zones, superimposed over the existing base zones, being more specifically zones of airspace that do not affect the uses and activities of the base zones. These zones are as follows:

a.

Airport zone: A zone that is centered about the runway and primary surface, with the floor set by the horizontal surface.

b.

Approach zone: A zone that extends away from the runway ends along the extended runway centerline, with the floor set by the approach surfaces.

c.

Transitional zone: A zone that fans away perpendicular to the runway centerline and approach surfaces, with the floor set by the transitional surfaces.

d.

Conical zone: A zone that circles around the periphery of and outward from the horizontal surface, with the floor set by the conical surface.

The source of the specific geometric standards for these zones are to be found in Parts 77.25 and 77.28, Subchapter E (Airspace), of Title 14 of the Code of Federal Regulations, or in successor federal regulations.

a.

Except as otherwise provided in this ordinance, in any zone created by this ordinance no structure shall be erected, altered, or maintained, and no vegetation shall be allowed to grow to a height so as to penetrate any referenced surface, known as the floor, of any zone provided for in Section 223 of this ordinance at any point.

b.

The height restrictions, or floors, for the individual zones shall be those planes delineated as surfaces in Parts 77.25 and 77.28, Subchapter E (Airspace), of Title 14 of the Code of Federal Regulations, or in successor federal regulations.

c.

The restrictions will not apply to areas surrounding airport facilities which are no longer licensed.

a.

Except as provided in 22-112 b. of this ordinance, the regulations prescribed by this ordinance shall not require the removal, lowering, or other change or alteration of any structure or vegetation not conforming to the regulations as of the effective date of this ordinance, or otherwise interfere with the continuance of a nonconforming use. Nothing contained in this ordinance shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this ordinance and is diligently prosecuted.

b.

Notwithstanding the provision 22-112 a., the owner of any existing nonconforming structure or vegetation is hereby required to permit the installation, operation, and maintenance thereon of whatever markers and lights deemed necessary by the Federal Aviation Administration, the Virginia Department of Aviation, or the administrator to indicate to operators of aircraft the presence of that airport obstruction. These markers and lights shall be installed, operated, and maintained at the expense of the airport owners, and not the owner of the nonconforming structure in question.

a.

No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use or structure to become a greater hazard to air navigation than it was on the effective date of this ordinance or any amendments thereto other than with relief as provided for in 22-112 c.

b.

Whenever the administrator determines that a nonconforming structure has been abandoned or more than 50 percent destroyed, physically deteriorated, or decayed, no permit shall be granted that would enable such structure to be rebuilt, reconstructed, or otherwise refurbished so as to exceed the applicable height limit or otherwise deviate from the zoning regulations contained in this ordinance, except with the relief as provided for in 22-112 c.

c.

Any person desiring to erect or increase the height or size of any structure not in accordance with the regulations prescribed in this ordinance may apply for a variance from such regulations to the Board of Zoning Appeals. Variances shall only be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the spirit of this ordinance. An application for variance shall be accompanied by a determination from the Virginia Department of Aviation and the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Additionally, no application for a variance to the requirements of this ordinance may be considered by the Board of Zoning Appeals unless a copy of the application has been furnished to the airport owner for advice as to the aeronautical effects of the variance. If the airport owner does not respond to the application within 15 days after receipt, the Board of Zoning Appeals may act independent of the airport owner's position to grant or deny the variance.

d.

Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this ordinance and be reasonable in the circumstances, be so conditioned as to require the owner of the structure in question to install, operate, and maintain, at the owner's expense, such markings and lights as may be deemed necessary by the Federal Aviation Administration, the Virginia Department of Aviation, or the administrator. If deemed proper with reasonable cause by the Board of Zoning Appeals, this condition may be modified to require the owner of the structure in question to permit the airport owner, at his own expense, to install, operate, and maintain the necessary markings and lights.

a.

The location and boundaries of the zoning districts established by this chapter are as indicated on a map entitled "Official Zoning Map, Town of Tappahannock, Virginia," identified by the signature of the Mayor, attested to by the Town Clerk, and bearing the seal of the Town of Tappahannock, Virginia, together with the date of adoption of this chapter. Said map shall be deemed a part of this chapter as if it were fully set forth herein.

b.

Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map, which shall be located in the office of the Administrator, shall be the final authority as to the current zoning status of land, structures, and other uses in the Town.

a.

Whenever any amendment is made to the Official Zoning Map by action of the Town Council such changes shall be incorporated onto said map at such time and in such manner as the Town Council may prescribe.

b.

Said changes shall be validated with reference to correct notation by the Zoning Administrator, who shall affix his signature thereto, thereby certifying that approved amendments to the Official Zoning Map have been correctly incorporated.

c.

The date of official action and nature of the change shall be entered on the map.

d.

Any such change shall have the effect of law at 12:01 a.m. on the day following its legal adoption or on its effective date, if such effective date is officially established as other than the day following its legal adoption, whether or not it has been shown on the Official Zoning Map.

a.

No changes of any nature shall be made on the Official Zoning Map or any matter shown thereon, except in conformity with the procedures and requirements of this chapter.

b.

It shall be unlawful for any person to make unauthorized changes on the Official Zoning Map. Violations of this provision shall be punishable as provided in Section 22-75.

a.

In the event that the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the Town Council may by ordinance adopt a new Official Zoning Map.

b.

The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no such correction shall have the effect of amending the original Official Zoning Map or any subsequent amendment thereof.

a.

A district is represented by name in this Ordinance and by letter or letter-number combination or name-and-number combinations on the Zoning Map. Where an area on the map is designated as a certain district, the zoning regulations pertaining to that district shall prevail.

b.

Where the boundaries of the various districts, as shown on the map, are uncertain:

1.

Where a boundary line is given a position within a street, alley, navigable or non-navigable stream, it shall be deemed to be in the center of the street, alley, or stream; if the actual location of such street, alley, or stream varies slightly from the location as shown on the Zoning Map, then the actual locations shall control.

2.

Where a boundary line is shown as being located a specific distance from a street line or other physical feature, this distance shall control.

3.

Where a boundary line is shown adjoining or coincident with a railroad, it shall be deemed to be in the center of the railroad right-of-way. Distances shown as measured from a railroad track shall be measured from the center of the designated track.

4.

Where the district boundaries are not otherwise indicated and where the property has been, or may hereafter be, divided into blocks and lots, the district boundaries shall be construed to be the lot lines; where the districts designated on the map are bounded approximately by lot lines, said lot lines shall be construed to be the boundary of such districts, unless said boundaries are otherwise indicated on the map or by ordinance.

5.

In un-subdivided property, unless otherwise indicated, the district boundary line on the maps shall be determined by the use of the scale contained on such map.

a.

Amendments to the Official Zoning Map are accomplished using the same procedures that apply to other amendments to this Ordinance, as set forth in Article XIX.

b.

The Zoning Administrator shall update the Official Zoning Map as soon as possible after amendments to it are adopted by the Town Council. Upon entering any such amendment on the map, the Zoning Administrator shall change the date of the map to indicate its latest revision. New prints of the updated map may then be issued.

c.

No unauthorized person may alter or modify the Official Zoning Map.

d.

The Zoning Administrator shall keep copies of superseded prints of the map for historical reference.