1 AN ORDINANCE OF THE BOARD OF SUPERVISORS OF RAPPAHANNOCK COUNTY,

2 VIRGINIA, AMENDING CHAPTER 170, ZONING, OF THE RAPPAHANNOCK COUNTY

3 CODE TO INCORPORATE AMENDMENTS TO THE APPLICATION PROCESS FOR
4 SPECIAL EXCEPTIONS AND SPECIAL USE PERMITS
5
6 WHEREAS the Planning Commission of Rappahannock County, Virginia, pursuant to Rappahannock
7 County Code § 170-134 and the Code of Virginia § 15.2-2286(7) prepared, reviewed, and considered
8 zoning ordinance amendments to § 170-55, Applications; and,
9
10 WHEREAS, on April 20, 2022 by a vote of 6-0 the Planning Commission authorized the Zoning
11 Administrator to advertise a Public Hearing in accordance with §15.2-2204(A) of the Code of Virginia
12 to receive community input on the proposed amendments; and,
13
14 WHEREAS, after having been properly advertised, the Planning Commission held a public hearing on
15 May 18, 2022, and following the public hearing, the Planning Commission voted (7-0) to recommend
16 approval of the proposed ordinance amendments to the Board of Supervisors; and,
17
18 WHEREAS, a public hearing by the Board of Supervisors on the proposed amendments was duly
19 advertised pursuant to Code of Virginia § 15.2-2204(A) and set for July 6, 2022 at the regular monthly
20 meeting of the Board of Supervisors; and,
21
22 WHEREAS, the Board of Supervisors, having conducted the said public hearing on July 6, 2022, as
23 advertised, and having considered the recommendation of the Planning Commission, and finding that
24 the public necessity, convenience, general welfare, and good zoning practice require the proposed
25 amendments, desires to adopt an ordinance amending Chapter 170, Zoning, of the Rappahannock
26 County Ordinance.
27
28 NOW THEREFORE BE IT ORDAINED AND ENACTED, by roll-call vote of the Rappahannock
29 County Board of Supervisors this sixth day of July, 2022, that Chapter 170, Zoning, of the
30 Rappahannock County Code is by this ordinance amended to read as follows with changes identified
31 as such: italicized and underlined language is language to be added. Language that is stricken through
32 is to be deleted.
33

34 Chapter 170
35 Zoning
36 Article VI
37 Special Permits and Special Exceptions
38
39 § 170-55 Applications.
40 A. An application for a special permit or special exception may be made by any property owner,
41 owner of an easement, possessor of the right of entry under the power of eminent domain, lessee,
42 contract purchaser or any official, department, board or bureau of any government. A contract
43 purchaser, lessee or owner of an easement must file with the application a copy of the contract or
44 some form of written statement which indicates the endorsement of the application by the
45 property owner.
46 B. The application shall be filed with the Zoning Administrator on forms provided by the County.
47 The application shall be complete and shall be accompanied by those submission requirements set
48 forth in § 170-57 below, any specific information that may be required for a given category or use
49 and any other additional information that may be required by the BZA or Board. The application
50 shall be accompanied by a fee established in accordance with the provisions of Article XIV. No
51 application shall be deemed to be on file with the County until all required submissions and
52 payments have been presented.

53 C. The Zoning Administrator shall refer the application to the Planning Commission, and in addition
54 to any agency or review body as may be specified for a particular category or use or as he deems
55 appropriate. Such referral will be made expeditiously upon filing of the application. The
56 application shall be placed on the Planning Commission's agenda for public hearing at its next
57 regular monthly meeting following the filing of a complete application within the time specified
58 in Subsection E below. The Zoning Administrator shall take action necessary to see that the
59 advertising requirements of Article XV are met.

60 D. Any time limits specified by this section may be waived by agreement between the issuing
61 authority, who may act through the Zoning Administrator, and the applicant, or the applicant's
62 agent.

63 E. Application for a special permit or special exception shall be filed not later than Applications
64 deemed complete by the Zoning Administrator at least 16 days prior to the next regular monthly
65 Planning Commission meeting, at which it will be placed on the agenda for public hearing
66 advertised in accordance with Code of Virginia § 15.2-2204. At that meeting, the Commission
67 will review the general content of the proposal and request any specific additional information to
68 be provided by the applicant or staff. If deemed necessary, the Commission may hold a public
69 hearing advertised in accordance with Code of Virginia, § 15.2-2204, at its next regular meeting.

70 F. The BZA or Board shall render a decision on all applications for special permits and special
71 exceptions, respectively, no later than 90 or 120 days, respectively, following the first meeting at
72 which the application was on the agenda. This time limit may be extended by either body, only if
73 comments or reports have not been received from other agencies and/or review bodies (other than
74 the Commission) which are either specified for a particular category or use or are deemed
75 necessary by the BZA or Board.

76
77
78
79 The foregoing Ordinance was adopted by the Board of Supervisors of Rappahannock County, Virginia,
80 on July 6, 2022 at its regular monthly public meeting held at the Rappahannock County Courthouse,
81 250 Gay Street, Washington, Virginia, after having advertised that it proposed to do so in accordance
82 with § 15.2-2204 of the Code of Virginia, and after holding a public hearing. The roll-call vote of the
83 Board of Supervisors on a motion to adopt the Ordinance was as follows:
84 ABSENT/
85 MOTION SECOND ABSTAIN AYE NAY
Debbie P. Donehey
Keir A. Whitson
Van C. Carney
Ronald L. Frazier
Christine Smith
86
87 I certify the foregoing accurately reflects the actions of the Rappahannock County Board of
88 Supervisors taken at the time and place stated above.
89
90 ________________________________ ________________________________
91 Debbie P. Donehey Garrey W. Curry, Jr.
92 Chair, Board of Supervisors Clerk for the Board of Super