This Chapter is enacted under the authority granted by the General Assembly of Virginia, as provided in Article 7, Chapter 22, Title 15.2 of the Code of Virginia (1950), as amended.

In the interpretation and application of this chapter, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of health, safety, morals and general welfare of the Town. To protect the public, among other purposes, provisions herein are intended for the following purposes:

a.

To provide for adequate light, air, convenience of access, and safety from fire, flood and other dangers;

b.

To reduce or prevent congestion in the public streets;

c.

To facilitate the creation of a convenient, attractive and harmonious community;

d.

To expedite the provision of adequate police and fire protection, disaster, evacuation, civil defense, transportation, water, sewerage, schools, parks, forests, playgrounds, recreational facilities, airports, and other public requirements;

e.

To protect against destruction of or encroachment upon historic areas; and

f.

To protect against one or more of the following: overcrowding of land, undue densities of populations in relation to the community facilities existing or available, obstruction of light and air, danger and congestion in travel and transportation, or loss of life, health, or property from fire, flood, panic or other dangers, in accordance with Code of Virginia (1950), § 15.2-2283, as amended.

The zoning regulations and districts as herein set forth have been drawn with reasonable consideration for the existing use of property, the suitability of properties for various uses, the trends of growth or change, the current and future requirements of the community as to land for various purposes as determined by population and economic studies, the transportation requirements of the community, and the requirements for schools, parks, playgrounds, and other public services; and for the conservation of properties and their values and the encouragement of the most appropriate use of land throughout the Town, in accordance with Code of Virginia (1950), § 15.2-2284, as amended.

This chapter shall be effective throughout the town's planning jurisdiction. The town's planning jurisdiction comprises that area within the corporate boundaries of the Town of Tappahannock, Virginia.

For the purpose of this chapter, the Town is hereby divided into the following zoning districts:

Resource Protection District—RP (See Chesapeake Bay Preservation Area Overlay District, Article IX, Part II)

Residential District—R-1

Residential District—R-2

Town Scale Residential District—R-3

Multi-Family Residential—R-4

Mobile Home Park District—MH-1

Central Business District—CC-1

General Commercial District—CG-2

Industrial District—I-1

Floating Zones

Business Park District—BP

Residential Mixed Use District—RMX

Overlay Zones

Historic Overlay Zone—HOZ

(Town Council Adopted on 10-9-2007)

Chesapeake Bay Preservation Area Overlay District—CBPA

a.

The regulations set by this Ordinance within each district shall be held to be the minimum requirements for the promotion of the public health, safety, morals, comfort, convenience, prosperity, environment and natural resources, and general welfare, and shall apply uniformly to each class or kind of structure or land except as hereinafter provided.

b.

It is not intended by this Zoning Ordinance to repeal, abrogate, annul, or in any way impair or interfere with any existing provisions of law, ordinance or resolution, or with any rules, regulations, or permits previously adopted or issued, or which shall be adopted or issued pursuant to law relating the use of buildings or premises, or with any private restrictions placed upon property by covenant, deed, or recorded plat, provided, however, where this Zoning Ordinance imposes a greater restriction upon the use of buildings or premises or upon the heights of buildings or requires greater lot areas, larger yards, or other open spaces than are imposed or required by such existing provisions of law, ordinance, or resolution, or by such rules, regulations, or permits, or by such private restrictions, the provisions of this Zoning Ordinance shall control.

c.

Whenever these regulations, subdivision plats, or development plans approved in conformance with these regulations, are in conflict with other local ordinances, regulations, or laws, the more restrictive ordinance, regulation, law, plat, or plan shall govern and shall be enforced by appropriate local agencies. When subdivision and development plans, approved by the Zoning Administrator, contain setback or other features in excess of the minimum Zoning Ordinance requirements, such features as shown on the approved plan shall govern and shall be enforced by the local permit official. Private deed restrictions or private covenants for a subdivision do not fall within the jurisdiction of enforcement and will not be enforced by the Town.

d.

To avoid undue hardship, nothing in this Zoning Ordinance shall be deemed to require change in the plans, construction, or designated use of any building or premises on which an application for a certificate or permit was filed with the Zoning Administrator prior to the date of adoption of this Ordinance or amendment thereto, providing that the application meets all zoning and other requirements in effect on the date of said application. The issuance of said certificate or permit shall be valid only if it is exercised within 180 days from the date of issuance of the certificate or permit. "Exercised," as set forth in this section, shall mean that binding contracts for the construction of the main building or other main improvement have been let, or in the absence of contracts, that the main building or other main improvement is under construction to a substantial degree or that prerequisite conditions involving substantial investments shall be under contract, in development, or completed. When construction is not a part of the use, "exercised" shall mean that the use is in operation in compliance with the conditions as set forth in the permit or certificate.

It is hereby declared to be the intention of the Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any such section, paragraph, sentence, clause, or phrase is declared unconstitutional or otherwise invalid by any court of competent jurisdiction in a valid judgement or decree, such unconstitutionality or invalidity shall not affect any of the remaining sections, paragraphs, sentences, clauses, or phrases of this ordinance since the same would have been enacted without the incorporation into this ordinance of such unconstitutional or invalid section, paragraph, sentence, clause, or phrase.

a.

The location and boundaries of zones established in the district shall be as shown on the Official Zoning Map for the Town of Tappahannock. This map, sections or portions thereof, together with all notations, dimensions, designations, references, and other data shown thereon, are made a part of this Ordinance to the same extent as if the information set forth on the map were fully described and incorporated herein.

b.

Where uncertainty exists as to the boundaries of any of the zones established in this chapter, as shown on the Zoning Map, the following rules shall apply:

1.

Zone boundary lines are intended to follow street, alley, or lot lines or lines parallel or perpendicular thereto, unless such zone boundary lines are otherwise identified on the zoning map;

2.

Where zone boundaries are indicated as approximately following street or alley lines or proposed street lines, such lines shall be construed to be such boundaries;

3.

Where zone boundaries are so indicated that they approximately follow lot lines and are not more than ten feet distant therefrom, such lot lines shall be such boundaries;

4.

In un-subdivided property, or where a zone boundary divides a lot, the location of any such boundary, unless the same is identified on such maps, shall be determined by the use of the map scale shown thereon and scaled to the nearest foot.

c.

Any area annexed to Tappahannock after the date of adoption shall immediately upon such annexation be automatically classified in the most nearly comparable zone until a zoning map amendment for such area has been adopted by the Town Council. The Planning Commission shall recommend to the Council appropriate zoning for the annexed area within six months after the effective date of such annexation.

a.

For the purpose of this Ordinance, permitted uses are listed for the various districts. Unless the contrary is clear from the context of the list of permitted uses or other regulations contained within this Ordinance, uses not specifically permitted are prohibited, except that a use may be declared by the Planning Commission and Mayor and Council to be allowed upon application following public hearing and finding that:

1.

The use reflects the nature of the permitted uses; and

2.

That there is no appreciable difference in the quality, character, or degree of the requested use as compared with the permitted uses.

b.

No building or tract of land shall be devoted to any use other than a use permitted hereinafter in the zoning district in which such building or tract of land shall be located, with the exception of the following:

1.

Uses lawfully existing on the effective date of this Ordinance.

2.

Special exceptions, approved by the Board of Zoning Appeals, in accordance with the provisions of Article IV of this Ordinance.

3.

Planned Developments approved by the Town Council, in accordance with the provisions of Article XII, Section 22-152 of this Ordinance.

c.

Uses lawfully existing on the effective date of this Ordinance and rendered non-conforming by the provisions thereof shall be subject to the regulations of Article VIII of this Ordinance.

Accessory uses on vacant lots are permitted subject to the approval of the Zoning Administrator as permitted by the provisions of Article X, 22-121 of this Ordinance.

a.

Subject to Article VIII of this chapter, no person may use, occupy, or sell any land or buildings or authorize or permit the use, occupancy, or sale of land or buildings under his control except in accordance with all of the applicable provisions of this chapter.

b.

For the purposes of this section, the "use" or "occupancy" of a building or lands relates to anything and everything that is done to, on, or in that building or land.

Violation of this Ordinance shall be punishable as provided in Article VII, 22-75.

To the extent that the provisions of this chapter are the same in substances as the previously adopted provisions that they replace in the town's zoning or subdivision ordinances, they shall be considered as continuations thereof and not as new enactments unless otherwise specifically provided. In particular, a situation that did not constitute a lawful, nonconforming situation under the previously adopted Zoning Ordinance does not achieve lawful, nonconforming status under this chapter merely by the repeal of the Zoning Ordinance.

Fees established by resolution of the Town Council shall be paid upon submission of a signed application or notice of appeal, unless otherwise determined by the Zoning Administrator.

a.

Unless otherwise specifically provided, the time within which an act is to be done shall be computed by excluding the first and including the last day. If the last day is a Saturday, Sunday, or legal holiday, that day shall be excluded. When the period of time prescribed is less than seven days, intermediate Saturdays, Sundays, and holidays shall be excluded.

b.

Unless otherwise specifically provided, whenever a person has the right or is required to do some act within a prescribed period after the service of a notice or other paper upon him and the notice or paper is served by mail, three days shall be added to the prescribed period.