Rappahannock County Zoning Ordinance - Reorganized

Rappahannock County Zoning Ordinance Update
Draft Reorganized Zoning Ordinance
Table of Contents
ARTICLE I GENERAL...................................................................................................................................... 1
DIVISION 1. ENACTMENT AND AUTHORITY............................................................................................................. 1
Section I-1-1. Title. ......................................................................................................................................... 1
Section I-1-2. Authority. ................................................................................................................................. 1
Section I-1-3. Purpose. ................................................................................................................................... 1
Section I-1-4. Applicability. ............................................................................................................................ 1
Section I-1-5. Conformity Required............................................................................................................... 1
Section I-1-6. Severability. ............................................................................................................................. 1
DIVISION 2. ORDINANCE CONFLICTS AND INTERPRETATION. ..................................................................................... 2
Section I-2-1. Interpretation. ......................................................................................................................... 2
Section I-2-2. Figures and References. ......................................................................................................... 2
DIVISION 3. ZONING DISTRICTS MAP..................................................................................................................... 2
Section I-3-1. Establishment, Maintenance, and Amendment. .................................................................. 2
Section I-3-2. Incorporated by Reference. .................................................................................................... 2
Section I-3-3. Interpretation of Zoning District Boundaries. ....................................................................... 3
Section I-3-4. Unauthorized Changes. .......................................................................................................... 3
DIVISION 4. TRANSITION OF REGULATIONS AFTER ADOPTION. ................................................................................. 3
Section I-4-1. Effective Date. ......................................................................................................................... 3
Section I-4-2. Violations Continue................................................................................................................. 3
Section I-4-3. Nonconformities. .................................................................................................................... 3
Section I-4-4. Complete Applications. ........................................................................................................... 3
Section I-4-5. Other Approved Permits and Development Approvals. ....................................................... 3
Section I-4-6. Vested Right. ........................................................................................................................... 4
ARTICLE II – ADMINISTRATION..................................................................................................................... 5
DIVISION 1. ZONING ADMINISTRATOR. .................................................................................................................. 5
Section II-1-1. Appointment, Powers, and Duties. ....................................................................................... 5
DIVISION 2. PLANNING COMMISSION. ................................................................................................................... 6
Section II-2-1. Appointment, Terms, and Membership. .............................................................................. 6
Section II-2-2. Powers and Duties. ................................................................................................................ 7
Section II-2-3. Meetings and Procedures. .................................................................................................... 8
DIVISION 3. BOARD OF ZONING APPEALS............................................................................................................... 9
Section II-3-1. Appointment, Terms, and Membership. .............................................................................. 9
Section II-3-2. Powers and Duties. ................................................................................................................ 9
Section II-3-3. Meetings and Procedures. .................................................................................................. 10
DIVISION 4. ENFORCEMENT. .............................................................................................................................. 12
Section II-4-1. Authority. .............................................................................................................................. 12
Section II-4-2. Complaints and Inspection. ................................................................................................. 12
Section II-4-3. Notice of Violation. .............................................................................................................. 12
Section II-4-4. Remedies and Penalties for Violation. ................................................................................ 12
DIVISION 5. FEES............................................................................................................................................... 13
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Section II-5-1. Fees and Charges. ................................................................................................................ 13
DIVISION 6. TAXES AND EXPENSES PAID............................................................................................................... 13
Section II-6-1. Delinquent Taxes and Charges. ........................................................................................... 13
ARTICLE III – PERMITS AND APPLICATIONS. ............................................................................................... 14
DIVISION 1. IN GENERAL. ................................................................................................................................... 14
Section III-1-1. Preapplication Meeting. ..................................................................................................... 14
Section III-1-2. Minimum Submission Standards. ...................................................................................... 14
Section III-1-3. Forms. .................................................................................................................................. 14
Section III-1-4. Ownership Disclosure. ........................................................................................................ 14
Section III-1-5. Oath Required. .................................................................................................................... 14
DIVISION 2. ZONING TEXT AND MAP AMENDMENTS............................................................................................. 14
Section III-2-1. In General. ........................................................................................................................... 14
Section III-2-2. Standards and Procedures. ................................................................................................ 15
Section III-2-3. Reconsiderations................................................................................................................. 16
DIVISION 3. CONDITIONAL ZONING AND PROFFERS............................................................................................... 17
Section III-3-1. Intent. .................................................................................................................................. 17
Section III-3-3. Amendments and Variations Prior to Final Decision. ....................................................... 17
Section III-3-4. Effect of Condition; Period of Validity. ............................................................................... 17
Section III-3-5. Record of Conditional Zoning. ............................................................................................ 17
DIVISION 4. SPECIAL EXCEPTIONS........................................................................................................................ 17
Section III-4-2. Applicability. ........................................................................................................................ 17
Section III-4-4. Effect of Decision; Period of Validity. ................................................................................. 22
Section III-4-5. Revocation........................................................................................................................... 23
DIVISION 5. VARIANCES. .................................................................................................................................... 23
Section III-5-3. Effect of Decision; Period of Validity. ................................................................................. 26
DIVISION 6. SITE PLANS. .................................................................................................................................... 26
Section III-6-3. Concept Site Plans Specifications and Contents. .............................................................. 26
Section III-6-4. Final Site Plans Specifications and Contents. .................................................................... 26
Section III-6-5. Standards and Improvements............................................................................................ 30
Section III-6-6. Review.................................................................................................................................. 32
Section III-6-7. Amendment of Site Plans. .................................................................................................. 32
Section III-6-8. Compliance with Approved Site Plan Required. ................................................................ 33
Section III-6-9. Period of Validity. ................................................................................................................ 33
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Section III-6-10. Waiver of Requirements. .................................................................................................. 33
DIVISION 7. ZONING PERMITS. ........................................................................................................................... 33
Section III-7-3. Period of Validity. ................................................................................................................ 34
DIVISION 8. ZONING DETERMINATIONS. .............................................................................................................. 35
DIVISION 9. APPEALS. ........................................................................................................................................ 35
Section III-9-1. Appeals of Zoning Administrator Determinations and Decisions. ................................... 35
Section III-9-2. Appeals to BZA Procedure .................................................................................................. 35
Section III-9-3. Appeals of BZA, PC, or BOS. ............................................................................................... 35
Section III-9-4. Construction in Violation of Ordinance Without Appeal to BZA...................................... 35
Section III-9-5. Stay of Proceedings. ........................................................................................................... 35
DIVISION 10. PUBLIC HEARINGS. ...................................................................................................................... 35
Section III-10-1. Public Hearing Required. .................................................................................................. 35
Section III-10-2. Advertisement and Mailings. ........................................................................................... 36
Section III-10-3. Posting Notice on Property. ............................................................................................. 36
Section III-10-4. Waiver of Notice. .............................................................................................................. 36
ARTICLE IV – ZONING DISTRICTS. ............................................................................................................... 37
DIVISION 1. ESTABLISHMENT AND PURPOSE. ........................................................................................................ 37
Section IV-1-1. Establishment. .................................................................................................................... 37
Section IV-1-2. References to District Names. ............................................................................................ 38
Section IV-1-3. Purpose and Intent of Districts. ......................................................................................... 38
DIVISION 2. GENERAL DISTRICT STANDARDS. ....................................................................................................... 39
Section IV-2-1. General. ............................................................................................................................... 39
Section IV-2-2. Height. ................................................................................................................................. 39
Section IV-2-3. Lots and Setbacks. .............................................................................................................. 39
Section IV-2-4. Density. ................................................................................................................................ 40
Section IV-2-5. Open Space. ........................................................................................................................ 40
DIVISION 3. RESOURCE PRESERVATION DISTRICTS DIMENSIONAL STANDARDS. ......................................................... 41
Section IV-3-1. Resource Preservation District Standards. ........................................................................ 41
Section IV-3-2. C Conservation District. ...................................................................................................... 43
Section IV-3-3. A Agriculture District .......................................................................................................... 43
DIVISION 4. RESIDENTIAL DISTRICTS DIMENSIONAL STANDARDS. ............................................................................ 43
Section IV-4-1. Residential District Standards. ........................................................................................... 43
Section IV-4-2. RR-5 Residential Rural District ........................................................................................... 44
Section IV-4-3. R-2 Residential District. ...................................................................................................... 44
Section IV-4-4. RV Residential Village District. ........................................................................................... 44
Section IV-4-5. MHP Mobile Home Park District. ....................................................................................... 44
DIVISION 5. COMMERCIAL DISTRICTS DIMENSIONAL STANDARDS. .......................................................................... 44
Section IV-5-1. Commercial District Standards. ......................................................................................... 44
Section IV-5-2. CV Commercial Village District. ......................................................................................... 46
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Section IV-5-3. CG Commercial General District. ....................................................................................... 46
Section IV-5-4. HC Commercial Highway District. ..................................................................................... 46
DIVISION 6. INDUSTRIAL DISTRICT DIMENSIONAL STANDARDS. ............................................................................... 46
Section IV-6-1. Industrial District Standards. ............................................................................................. 46
Section IV-6-2. I Industrial District. ............................................................................................................. 47
DIVISION 7. EXEMPTIONS, ENCROACHMENTS, AND ADDITIONAL STANDARDS. ......................................................... 47
Section IV-7-1. Height Exemptions. ............................................................................................................. 47
Section IV-7-2. Yard Encroachments. .......................................................................................................... 48
Section IV-7-3. Additional Standards. ......................................................................................................... 49
ARTICLE V – OVERLAY ZONING DISTRICTS.................................................................................................. 50
DIVISION 1. ESTABLISHMENT AND PURPOSE. ........................................................................................................ 50
Section V-1-1. Purpose and Intent. ............................................................................................................. 50
Section V-1-2. Establishment. ..................................................................................................................... 50
DIVISION 2. DESIGN CRITERIA. ............................................................................................................................ 51
Section V-2-1. Sanitary Sewer Facilities. ..................................................................................................... 51
Section V-2-2. Water Facilities. ................................................................................................................... 51
Section V-2-3. Drainage Facilities. .............................................................................................................. 51
Section V-2-4. Utilities. ................................................................................................................................ 51
Section V-2-5. Streets and Sidewalks. ......................................................................................................... 51
DIVISION 3. FP FLOODPLAIN DISTRICT STANDARDS. .............................................................................................. 51
Section V-3-1. Purpose. ................................................................................................................................ 51
Section V-3-2. Applicability. ......................................................................................................................... 52
Section V-3-3. General Provisions. .............................................................................................................. 52
Section V-3-4. Compliance and Liability. .................................................................................................... 53
Section V-3-5. Administration. .................................................................................................................... 54
Section V-3-6. Duties and Responsibilities of the Floodplain Administrator. [44 CFR 60.3]. ................... 54
DIVISION 4. GCO GENERAL COMMERCIAL OVERLAY STANDARDS. .......................................................................... 68
Section V-4-2. District Boundaries. ............................................................................................................. 68
Section V-4-3. Permitted Uses. .................................................................................................................... 68
Section V-4-4. Use Limitations. ................................................................................................................... 68
Section V-4-5. Design Guidelines. ............................................................................................................... 71
DIVISION 5. SPO STREAM PROTECTION OVERLAY STANDARDS. .............................................................................. 75
Section V-5-2. Riparian Buffer. .................................................................................................................... 75
Section V-5-3. Riparian Buffer Criteria........................................................................................................ 75
ARTICLE VI – USE MATRIX. ......................................................................................................................... 79
DIVISION 1. GENERAL. ....................................................................................................................................... 79
Section VI-1-1. Organization. ...................................................................................................................... 79
Section VI-1-2. Uses Not Provided. ............................................................................................................. 79
Section VI-1-3. Exemptions.......................................................................................................................... 80
Section VI-1-4. Additional Standards .......................................................................................................... 80
DIVISION 2. USE TABLES. ................................................................................................................................... 80
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Section VI-2-1. Residential Uses. ................................................................................................................. 80
Section VI-2-2. Community, Educational and Institutional Uses. ............................................................. 81
Section VI-2-3. Public and Quasi-Public Uses. ............................................................................................ 82
Section VI-2-4. Recreation and Amusement Uses. .................................................................................... 84
Section VI-2-5. Commercial, Retail, and Business Uses. ............................................................................ 85
Section VI-2-6. Nonagricultural Wholesale and Industrial Uses. .............................................................. 87
Section VI-2-7. Agriculture, Horticulture, Forestry, and Associated Uses. ............................................... 88
Section VI-2-8. Miscellaneous Uses. ........................................................................................................... 90
ARTICLE VII – USE STANDARDS. ................................................................................................................. 91
DIVISION 1. GENERAL. ....................................................................................................................................... 91
Section VII-1-1. Purpose and Intent. ........................................................................................................... 91
Section VII-1-2. Additional Standards. ........................................................................................................ 91
DIVISION 2. AGRICULTURAL USE STANDARDS. ...................................................................................................... 96
Section VII-2-1. Category 7: Agriculture, Horticulture, and Associated Uses. ......................................... 96
DIVISION 3. RESIDENTIAL USE STANDARDS. .......................................................................................................... 98
Section VII-3-1. General............................................................................................................................... 98
Section VII-3-2. Home Occupations. ........................................................................................................... 99
Section VII-3-3. Category 1: Residential Uses. .........................................................................................100
DIVISION 4. PUBLIC/CIVIC/RECREATION USE STANDARDS. ...................................................................................102
Section VII-4-1. Telecommunications. ......................................................................................................102
Section VII-4-2. Category 2: Community, Educational and Institutional Uses. ......................................120
Section VII-4-3. Category 3: Public and Quasi-Public Uses. ....................................................................123
DIVISION 5. BUSINESS USE STANDARDS. ............................................................................................................128
Section VII-5-1. Category 4: Recreation and Amusement. ......................................................................128
Section VII-5-2. Category 5: Commercial, Retail, and Business Uses. ....................................................131
DIVISION 6. INDUSTRIAL USE STANDARDS. .........................................................................................................136
Section VII-6-1. General.............................................................................................................................136
Section VII-6-2. Category 6: Wholesaling and Industrial Uses; Nonagriculture. ...................................136
DIVISION 7. MISCELLANEOUS USE STANDARDS...................................................................................................139
Section VII-7-1. General.............................................................................................................................139
Section VII-7-2. Accessory Uses and Structures. ......................................................................................140
Section VII-7-3. Inoperable and Junk Vehicle Storage. ............................................................................143
Section VII-7-4. Category 8: Miscellaneous Uses. ....................................................................................143
ARTICLE VIII – COMMUNITY DESIGN. ...................................................................................................... 147
DIVISION 1. GENERAL. .....................................................................................................................................147
Section VIII-1-1. General Design Standards. ............................................................................................147
DIVISION 2. LIGHTING......................................................................................................................................147
Section VIII-2-1. Purpose and Intent. ........................................................................................................147
Section VIII-2-2. Applicability. ...................................................................................................................148
Section VIII-2-3. Standards. .......................................................................................................................149
Section VIII-2-4. Compliance. ....................................................................................................................151
DIVISION 3. NOISE. .........................................................................................................................................152
Section VIII-3-1. Intent. ..............................................................................................................................152
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Section VIII-3-3. Standards. .......................................................................................................................152
Section VIII-3-4. Compliance. ....................................................................................................................154
DIVISION 4. LANDSCAPING AND SCREENING. ......................................................................................................155
Section VIII-4-2. Application of Landscaping and Screening Requirements. .........................................155
Section VIII-4-3. Landscape Plan Requirements.......................................................................................155
Section VIII-4-4. General Standards. .........................................................................................................155
Section VIII-4-5. Transitional Buffers. .......................................................................................................155
Section VIII-4-6. Parking Lot Landscaping. ...............................................................................................155
Section VIII-4-7. Screening and Enclosures. .............................................................................................155
Section VIII-4-8. Tree and Plant Standards. ..............................................................................................155
DIVISION 5. WALLS AND FENCES.......................................................................................................................155
Section VIII-5-2. Application of Walls and Fences Requirements. ..........................................................155
Section VIII-5-3. Location. .........................................................................................................................155
Section VIII-5-4. Height. .............................................................................................................................155
Section VIII-5-5. Materials. ........................................................................................................................155
Section VIII-5-6. Maintenance...................................................................................................................156
DIVISION 6. PARKING AND LOADING. ................................................................................................................156
Section VIII-6-3. General............................................................................................................................156
Section VIII-6-4. Location to Use. ..............................................................................................................159
Section VIII-6-5. Joint/Shared Parking. .....................................................................................................159
Section VIII-6-6. Reduction. .......................................................................................................................159
Section VIII-6-7. Parking Design Standards. .............................................................................................159
Section VIII-6-8. Schedule of Required Spaces. ........................................................................................159
Section VIII-6-9. Interpretation of Specific Requirements for Parking. ...................................................163
Section VIII-6-10. Off-Street Loading Requirements. ...............................................................................163
Section VIII-6-11. Interpretation of Specific Requirements for Loading. ................................................165
Section VIII-6-12. Off-Street Loading Design Standards..........................................................................165
DIVISION 7. SIGNS. ..........................................................................................................................................166
Section VIII-7-2. Administration. ...............................................................................................................166
Section VIII-7-3. Exemptions. ....................................................................................................................168
Section VIII-7-4. Prohibited........................................................................................................................168
Section VIII-7-5. General............................................................................................................................169
Section VIII-7-6. Permitted Signs by District. ............................................................................................171
Section VIII-7-7. Nonconforming Signs. ....................................................................................................176
Section VIII-7-8. Enforcement. ..................................................................................................................176
DIVISION 8. PRIVATE STREETS. ..........................................................................................................................177
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Section VIII-8-3. Limitations. .....................................................................................................................178
Section VIII-8-4. Design Standards. ..........................................................................................................178
Section VIII-8-5. Construction Standards..................................................................................................178
Section VIII-8-6. Ingress and Egress Easements.......................................................................................179
Section VIII-8-7. Ownership and Maintenance. .......................................................................................179
ARTICLE IX – NONCONFORMITIES............................................................................................................ 179
DIVISION 1. GENERAL. .....................................................................................................................................179
Section IX-1-1. Intent. ................................................................................................................................179
Section IX-1-2. General. .............................................................................................................................179
DIVISION 2. NONCONFORMITIES .......................................................................................................................180
Section IX-2-1. Nonconforming Uses ........................................................................................................180
Section IX-2-2. Nonconforming Lots of Record. .......................................................................................181
Section IX-2-3. Nonconforming Structures, Buildings, and Improvements. ...........................................182
Section IX-2-4. Repairs and Maintenance. ...............................................................................................184
ARTICLE X – DEFINITIONS. ....................................................................................................................... 185
DIVISION 1. ABBREVIATIONS. ............................................................................................................................185
DIVISION 2. WORD USAGE. ..............................................................................................................................186
DIVISION 3. GENERAL AND USE DEFINITIONS. ....................................................................................................186
DIVISION 4. OVERLAY DISTRICT DEFINITIONS. .....................................................................................................215
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List of Tables
TABLE IV-1. PRIMARY ZONING DISTRICTS .................................................................................................................... 37
TABLE IV-2. RESOURCE PRESERVATION DISTRICT STANDARDS ........................................................................................ 41
TABLE IV-3. RESIDENTIAL DISTRICT STANDARDS ........................................................................................................... 43
TABLE IV-4. COMMERCIAL DISTRICT STANDARDS ......................................................................................................... 45
TABLE IV- 5. INDUSTRIAL DISTRICT STANDARDS ............................................................................................................ 46
TABLE V-1. OVERLAY ZONING DISTRICTS ..................................................................................................................... 50
TABLE VI-1. USE MATRIX ABBREVIATIONS ................................................................................................................... 79

TABLE VI-2. RESIDENTIAL USE MATRIX ....................................................................................................................... 80
TABLE VI-3. COMMUNITY, EDUCATIONAL, AND INSTITUTIONAL USE MATRIX .................................................................. 81
TABLE VI-4. PUBLIC AND QUASI-PUBLIC USE MATRIX .................................................................................................. 82
TABLE VI-5. RECREATION AND AMUSEMENT USE MATRIX............................................................................................. 84
TABLE VI-6. COMMERCIAL, RETAIL, AND BUSINESS USE MATRIX ................................................................................... 85
TABLE VI-7. NONAGRICULTURAL WHOLESALE AND INDUSTRIAL USE MATRIX .................................................................. 87
TABLE VI-8. AGRICULTURE, HORTICULTURE, FORESTRY, AND ASSOCIATED USES MATRIX .................................................. 88
TABLE VI-9. MISCELLANEOUS USE MATRIX ................................................................................................................. 90
TABLE VII-1. MAXIMUM GROUP I VIBRATION LEVELS ................................................................................................... 95

TABLE VII-2. MAXIMUM GROUP II VIBRATION LEVELS .................................................................................................. 95
TABLE VIII-1. HORIZONTAL ILLUMINANCE AND UNIFORMITY RATIOS FOR OUTDOOR LIGHTING .......................................150
TABLE VIII-2. REQUIRED PERFORMANCE STANDARDS (GROUP I OR II) .........................................................................152
TABLE VIII-3. MAXIMUM SOUND PRESSURE LEVELS IN OR ADJACENT TO RESIDENTIAL ZONING DISTRICTS .......................153
TABLE VIII-4. GROUP I MAXIMUM IMPACT NOISE LEVELS...........................................................................................153
TABLE VIII-5. MAXIMUM SOUND PRESSURE LEVELS BEYOND NONRESIDENTIAL DISTRICT BOUNDARIES ...........................154
TABLE VIII-6. GROUP II MAXIMUM IMPACT NOISE LEVELS .........................................................................................154
TABLE VIII-7. MINIMUM OFF-STREET PARKING AREA DIMENSIONS.............................................................................157
TABLE X-1. GENERAL ABBREVIATIONS .......................................................................................................................185
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ARTICLE I - General.
Division 1. Enactment and Authority.
Section I-1-1. Title.
The regulations contained in the following Articles constitute the "Zoning Ordinance of Rappahannock
County."
Section I-1-2. Authority.

Copy on File. A certified copy of the Zoning Ordinance of Rappahannock County, Virginia, as may be
amended from time to time, shall be filed in the office of the Zoning Administrator of Rappahannock
County.
Section I-1-3. Purpose.

These regulations are promulgated for the specific and implied purposes as set forth in Title 15.2,
Chapter 22, Article 7, of the Code of Virginia, as amended, including the implementation of the adopted
Comprehensive Plan and goals contained therein.
Section I-1-4. Applicability.

(A) The provisions of the Ordinance shall apply to all land and all structures in the unincorporated
territory of the County of Rappahannock, Virginia.
(B) The County of Rappahannock shall be exempted from the terms hereby with respect to any
activity, structure or project undertaken by it which is required by law.
Section I-1-5. Conformity Required.

(A) No structure shall hereafter be erected and no existing structure shall be moved, altered, added
to or enlarged, nor shall any land or structure be used or arranged to be used for any purpose
other than the permitted use listed in the following Articles for the zoning district in which the
structure or land is located, nor shall any land or structure be used in any manner contrary to any
other requirements specified in this Ordinance.
(B) Minimum Requirements. In interpreting and applying the provisions of this Ordinance, said
provisions shall be held to be the minimum requirements for the promotion of the public safety,
health, convenience, comfort, prosperity, or general welfare. It is not the intent of this Ordinance
to interfere with or abrogate or annul any easements, covenants or other agreements between
parties; provided, however, that where this Ordinance imposes a greater restriction upon the use
and dimensions of buildings or premises or requires larger open space than is required by other
ordinances, rules, regulations or by easements, covenants or agreements, the provisions of this
Ordinance shall govern, except where expressly qualified in the Articles that follow.
Section I-1-6. Severability.

Reserved
ARTICLE I - General. | 1
Division 2. Ordinance Conflicts and Interpretation.
Section I-2-1. Interpretation.
(A) The Zoning Administrator shall administer and interpret this Ordinance. Every question involving
the interpretation of any provision of this Ordinance shall be presented to the Zoning
Administrator for a decision.
(B) Conflicts with Other Provisions. Whenever any provision of this Ordinance imposes a greater
requirement or a higher standard than is required in any state or federal statute or other County
ordinance or regulation, the provision of this Ordinance shall govern. Whenever any provision of
any state or federal statute or other County ordinance or regulation imposes a greater
requirement or a higher standard than is required by this Ordinance, the provision of such state
or federal statute or other County ordinance or regulation shall govern, except that where there
is a conflict with the provisions of Chapter 147, Subdivision of Land, of this Code, the provision of
this Ordinance shall govern.
(C) Questions of Interpretation. The Zoning Administrator shall administer and interpret this
Ordinance. Every question involving the interpretation of any provision of this Ordinance shall be
presented to the Zoning Administrator for a decision. An appeal on any decision of the Zoning
Administrator may be taken to the BZA as provided for in this article. The Zoning violation or
written order shall include the applicable appeal fee and a reference to where additional
information may be obtained regarding the filing of an appeal.
Section I-2-2. Figures and References.

Reserved
Division 3. Zoning Districts Map

Section I-3-1. Establishment, Maintenance, and Amendment.
(A) The unincorporated territory of the County of Rappahannock shall be divided into zoning districts
as presented in Article IV, Zoning Districts, and Article V, Overlay Zoning Districts, of this
Ordinance.
(B) The location and boundaries of the zoning districts established by this Ordinance are indicated
on a map entitled "Official Zoning Map, Rappahannock County, Virginia," a copy of which shall be
on file in the office of the Zoning Administrator. It is hereby adopted as part of this Ordinance
insofar as it indicates such designations, locations and boundaries of zoning districts, and the
same shall be deemed to be as much a part of this Ordinance as if the same was fully set forth
herein.
Section I-3-2. Incorporated by Reference.

Reserved
Section I-3-3. Interpretation of Zoning District Boundaries.
(A) With respect to the intended boundaries of the various zoning districts as shown on the Official
Zoning Map, the following rules shall apply:
(1) Where such boundaries are indicated as approximately following the lines of streets, rights-
of-way, waterways or the County boundary, such lines shall be construed to be such
boundaries.
(2) Where such boundaries are indicated as approximately following the lines of lots or other
parcels of record and the distance by scale is not more than 50 feet therefrom, such lot or
parcel lines shall be deemed to be such boundaries.
(3) Where a zoning district boundary divides a parcel of land, the location of such boundary,
unless the same is indicated by dimensions shown on the map, shall be determined by use of
the scale appearing on the map and scaled to the nearest foot. In determining the exact
location of the Conservation District, an on-site inspection may be used to determine the
boundary location using the criteria set forth in Division IV-1,.
(4) Where further interpretation is required beyond that presented in the above subsections, the
question shall be presented to the Zoning Administrator in conformance with the provisions
of Article II, Administration, of this Ordinance. Any person aggrieved by a decision made by
the Zoning Administrator may appeal that decision in the manner prescribed in Article III,
Permits and Applications, of this Ordinance.
Section I-3-4. Unauthorized Changes.

Reserved
Division 4. Transition of Regulations After Adoption.

Section I-4-1. Effective Date.
Reserved
Section I-4-2. Violations Continue.

Reserved
Section I-4-3. Nonconformities.

Reserved
Section I-4-4. Complete Applications.

Reserved
Section I-4-5. Other Approved Permits and Development Approvals.

(A) A complete final plat submitted as required by Chapter 147, Subdivision of Land, of the Code of
Rappahannock County prior to the effective date of this Ordinance shall be judged on the zoning
ordinance in effect on the date the plan was submitted.
(B) Nothing in this Ordinance shall be deemed to require any change in the plans, construction or
designated use of any existing building or any building on which construction was authorized by
a building permit issued prior to the effective date of this Ordinance; provided, however, that
actual construction commences, as evidenced by an approved footing inspection, within six
months after the date of issuance of such permit.
Section I-4-6. Vested Right.

Reserved
ARTICLE II – Administration.
Division 1. Zoning Administrator.
Section II-1-1. Appointment, Powers, and Duties.
(A) The Zoning Administrator shall administer and interpret this Ordinance. Every question involving
the interpretation of any provision of this Ordinance shall be presented to the Zoning
Administrator for a decision.
(B) Unless specifically qualified otherwise, the provisions of this Ordinance shall be enforced by the
Zoning Administrator, who shall serve at the pleasure of the Board.
(C) In the administration and enforcement of the provisions of this Ordinance, the Zoning
Administrator shall be assisted by the following officers, departments, committees, agencies and
boards:
(1) The boards, commissions and committees as established in this Ordinance.
(2) Such additional offices, departments, agencies, committees and boards of the County, state
and federal governments, as shall be specified and referred to under the various Articles of
this Ordinance.
(D) In the administration of the provisions of this Ordinance, the Zoning Administrator shall have the
following specific duties and responsibilities:
(1) Overall responsibility for the effective administration and enforcement of this Ordinance.
(2) Making periodic reports to the Board, at intervals at not greater than 12 months, summarizing
for the period since the last report all applications approved and all complaints of violation
and the actions taken thereon. A copy of each such report shall be filed with the Commission
and the BZA.
(3) Making annual reports to the Commission on the status and effectiveness of this Ordinance,
including a listing of suggested amendments thereto.
(4) Providing such technical and consultative assistance as may be required by the BZA and the
Commission.
(5) The receipt, official acceptance and maintenance of current and permanent files and records
for all applications required by this Ordinance, unless qualified by specific provisions, to
include the following:;
(i) Proposed and adopted amendments to this Ordinance, including the Zoning Map.
(ii) Applications for administrative permits;
(iii) Applications for special exceptions;
(iv) Appeals from a decision on interpretation.
(v) Applications for a variance; and
(vi) Applications for residential and nonresidential zoning permits.
ARTICLE II – Administration. | 5
(6) Conducting inspections of buildings, structures and uses of land to determine compliance with
the provisions of this Ordinance.
(7) Ensuring that there is a supply of copies for distribution of the Zoning Map(s), the compiled
text of this Ordinance and the rules of the BZA and the Commission.
(8) Performing such other duties and functions as are required by the provisions of this Ordinance
and/or as assigned by the Board.
(E) It is the intent of this Ordinance that any use not expressly indicated as a permitted use in a
separate zoning district is prohibited, except as qualified in Article VI, Use Matrix, of this
Ordinance. Where uncertainties exist, the question shall be directed to the Zoning Administrator
in conformance with the provisions of Article II, Administration, of this Ordinance.
(F) Notwithstanding that a given use might be construed to qualify as a use permitted in a district, if
such use has characteristics more similar to or more specific than a particular use listed or defined
elsewhere in the Ordinance, then the latter shall govern. Where uncertainties continue to exist,
the questions shall be directed to the Zoning Administrator in conformance with the provisions
of Article III, Permits and Applications.
(G) In the absence of the Zoning Administrator through death, sickness or leave, the County
Administrator shall act in the Zoning Administrator's capacity. Such replacement shall commence
two days following the unplanned absence of the Zoning Administrator and shall terminate
immediately upon notification to the County Administrator of their return. In the case of planned
leave, the County Administrator will be charged with the Zoning Administrator's functions
immediately upon the close of business of his/her last working day.
Division 2. Planning Commission.

Section II-2-1. Appointment, Terms, and Membership.
(A) The Planning Commission was established in conformance with a resolution adopted by the Board
of Supervisors pursuant to the provisions of Article 3, Chapter 11, Title 15.1, of the Code of
Virginia, now codified as Article 2, Chapter 22, Title 15.2, of the Code of Virginia.
(B) The Planning Commission heretofore established shall continue as the Planning Commission for
the purpose of this Ordinance.
(C) The official title of this Commission shall be the “Rappahannock County Planning Commission.”
(D) The Planning Commission shall consist of seven members, appointed by the Board, all of whom
shall be residents of the County, qualified by knowledge and experience to make decisions on
questions of community growth and development. There may be one member from each
magisterial district, one member from the Board and one member from the BZA.
(E) Members shall be appointed for four years and terms of appointments shall be staggered.
However, members concurrently serving on the Board of Supervisors or the BZA shall serve until,
at the next first annual regular meeting of the Board of Supervisors, their successor is appointed
to serve as the representative member. Members of the Commission may receive such
compensation as may be authorized by the Board.
(F) Any vacancy in membership shall be filled by appointment by the Board. It shall be for an
unexpired term only. Any appointed member may be removed by the Board for malfeasance in
office.
Section II-2-2. Powers and Duties.

(A) The Planning Commission shall advise the Board of Supervisors on all matters related to the
orderly growth and development of Rappahannock County and it shall approve or disapprove the
location, character and extent of all public facilities in the County.
(B) More specifically, the Planning Commission shall:
(1) Prepare and recommend a Comprehensive Plan for the physical development of the County
and review said plan at least once every five years.
(2) Prepare and recommend amendments to this Ordinance.
(3) Prepare and recommend amendments to Chapter 147, Subdivision of Land.
(4) Review and make recommendations on all amendments to the Zoning Map.
(5) Review and make recommendations on applications for special exceptions filed with the
Board and, where deemed necessary, appeals filed with the BZA.
(6) Recommend site plans in accordance with the provisions of Division III-6, Site Plans, of this
Ordinance.
(7) Approve or disapprove the general or approximate location, character and extent of streets,
parks or other public areas, public buildings, public structures or public utilities or public
service corporations other than railroads, whether publicly or privately owned.
(C) The Planning Commission shall have the following duties:
(1) The election of officers from its own membership.
(2) The general supervision of and the making of regulations for the administration of its affairs.
(3) The adoption of its own bylaws and procedures, consistent with the ordinance of the County
and the general laws of the state.
(4) The employment or contract for secretaries, clerks, legal counsel, consultants, and other
technical and clerical services within the limits of funds appropriated by the Board.
(5) The supervision of its fiscal affairs and responsibilities, under rules and regulations as
prescribed by the Board.
(6) The preparation and submission of an annual budget in the manner prescribed by the Board.
(7) The conduct of public hearings on specific items.
(8) The hearing and decision on all matters referred to it and upon which it is required to pass by
this Ordinance and the Code of Virginia.
(9) The performance of those activities set forth in Subsection (A) above.
(10) The preparation, publication and distribution of reports, ordinances, and other material
relating to its activities.
(11) The preparation and presentation to the Board of an annual report concerning the operation
of the Commission and the status of planning within the County.
(12) The preparation and presentation to the Board of a report, at intervals of not greater than five
years, on whether a general revision of this Ordinance should be undertaken. If the
Commission should recommend such a revision, it shall describe the conditions which it
believes indicate the desirability thereof, outlining in general the respects in which this
Ordinance can better be adapted to such conditions. Further, it shall indicate the scope of the
revisions that it believes to be advisable.
(13) The establishment of advisory committees when deemed necessary.
Section II-2-3. Meetings and Procedures.

(A) Regular meetings of the Planning Commission are held once each month or as the work of the
Commission may require, at a time and place to be designated by the Commission. When a
meeting date falls on a legal holiday, the meeting shall be held on the day following unless
otherwise designated by the Commission.
(B) All regular meetings and adjourned meetings shall be open to the public, except as provided for
in the Freedom of Information Act.
(C) Special meetings of the Commission may be called by the Chairman or by two members, upon
written request to the Secretary.
(1) The Secretary shall cause to be mailed to all members, at least five days in advance of a special
meeting, a written notice fixing the time and place and purpose of the meeting.
(2) Written notice of a special meeting shall not be required if the time of the special meeting has
been fixed at a previous regular meeting or if all members are present at the special meeting
or file a written waiver of the required notice.
(D) All public hearings conducted by the Planning Commission shall be in accordance with the
provisions set forth in this Article.
(E) A majority of the membership of the Commission shall constitute a quorum.
(F) No action of the Commission shall be valid unless authorized by a majority vote of those present.
(G) Records. The Planning Commission shall keep minutes of all its proceedings showing evidence
presented, the names of all witnesses giving testimony, findings of fact by the Commission and
the vote of each member upon each question or, if absent or failing to vote, such fact. These
minutes shall be a public record.
Division 3. Board of Zoning Appeals.
Section II-3-1. Appointment, Terms, and Membership.
(A) The Rappahannock County Board of Zoning Appeals (BZA) was previously established pursuant to
the provisions of former Article 8, Chapter 11, Title 15.1, of the Code of Virginia, now codified as
§ 15.2-2308 of the Code of Virginia. The BZA heretofore established shall continue as the BZA for
the purpose of this Ordinance. (Note: See gen. Code of Virginia, § 15.2-2308.)
(B) (Reserved)
(C) Membership.
(1) The BZA shall consist of five members appointed by the Circuit Court of Rappahannock County,
Virginia, and the members may receive compensation as may be authorized by the Board of
Supervisors. All members shall be residents of the County.
(2) The terms of office of the membership shall be five years, except that the first five members
first appointed shall serve, respectively, for terms of one for one year, one for two years, one
for three years, one for four years and one for five years.
(3) The Zoning Administrator shall notify the Circuit Court at least 30 days in advance of the
expiration of any term of office and shall also notify the Court promptly of any vacancy.
Appointments to fill such vacancy shall be only for the unexpired portion of the term.
Members may be reappointed to succeed themselves.
(4) A member whose term expires shall continue to serve until their successor is appointed and
qualifies.
(5) Members of the BZA shall hold no other public office in the County except that one member
may be a member of the Commission.
(6) Any BZA member may be removed for malfeasance, misfeasance or nonfeasance in office or
for other just cause by the Court which appointed him, after a hearing held on at least 15 days'
notice by the Court to the member sought to be removed.
Section II-3-2. Powers and Duties.

(A) The BZA shall have the following powers and duties authorized by § 15.2-2308 through § 15.2-
2312, inclusive, of the Code of Virginia. In the event there is any conflict between those sections
of the Code of Virginia and this Ordinance, the former shall control. These powers and duties are
summarized from Code of Virginia, § 15.2-2309, as follows:
(1) To hear and decide appeals from the decision of the Zoning Administrator after notice and
hearing as provided by Code of Virginia, § 15.2-2204. However, when giving any required
notice to the owners, their agents or the occupants of abutting property and property
immediately across the street or road from the property affected, the BZA may give such
notice by first-class mail rather than by registered or certified mail.
(2) To grant variances in accordance with § 15.2-2309(2) of the Code of Virginia, and Division V-
3, FP Floodplain District Standards, and Division III-5, Variances, of this Ordinance.
(3) To hear and decide applications for interpretation of the zoning district map where there is
any uncertainty as to the location of a zoning district boundary. After notice to the owners of
the property affected by the question, and after public hearing with notice as required by the
Code of Virginia, § 15.2-2204, the BZA may interpret the map in such way as to carry out the
intent and purpose of this Ordinance for the particular section or district in question. However,
when giving any required notice to the owners, their agents or the occupants of abutting
property and property immediately across the street or road from the property affected, the
BZA may give such notice by first-class mail rather than by registered or certified mail. The BZA
shall not have the power to change substantially the locations of zoning district boundaries or
to re-zone property.
(4) To hear and decide all other matters referred to and upon which it is required to pass by this
Ordinance.
(5) To make, alter and rescind rules and forms for its procedures, consistent with the ordinances
of the County and the general laws of the state.
(6) To prescribe procedures for the conduct of public hearings that it is required to hold.
(7) To perform any additional duties, and exercise any additional powers, specifically assigned to
it by this Ordinance, or by Article 7, Chapter 22 of Title 15.2 of the Code of Virginia.
(8) To employ or contract for secretaries, clerks, legal counsel, consultants and other technical
and clerical services within the limits of funds appropriated by the Board.
(9) To prepare a budget.
(10) To hear and decide appeals from any order, requirement, decision or determination made by
an administrative officer in the administration or enforcement of Article 7 of Title 15.2 of the
Code of Virginia, or of any ordinance adopted pursuant thereto, including this Ordinance. The
decision on such appeal shall be based on the BZA's judgment of whether the administrative
officer was correct. The BZA shall consider the purpose and intent of any applicable
ordinances, laws and regulations in making its decision.
Section II-3-3. Meetings and Procedures.

(A) At its first meeting in January of each year, the BZA shall elect a Chairman and Vice Chairman by
a majority vote of the entire membership.
(B) Meetings.
(1) At its first meeting in January of each year, the BZA shall set the time, date and place for its
regular monthly public meetings, and may also fix the day or days to which any meeting shall
be automatically continued if the scheduled meeting falls on a holiday, or if the Chairman, or
Vice Chairman if the Chairman is unable to act, finds and declares that weather or other
conditions are such that it is hazardous for members to attend the meeting, or that there will
be the lack of a quorum, or that the place of the meeting is unavailable. Such finding shall be
communicated to the members and the press as promptly as possible. All hearings and other
matters previously advertised for such meeting in accordance with Code of Virginia, § 15.2-
2312, shall be conducted at the continued meeting and no further advertisement is required.
If the BZA does not establish such times, dates and places at its January meeting, then the
times, dates and places set for the previous year shall remain in effect. The BZA shall hold at
least one meeting each month when there is business to conduct. The BZA shall not be
required to meet if there is no business to conduct and shall give notice of that on the website
maintained by Rappahannock County and to the press as soon as it becomes apparent.
(2) Three members of the BZA shall constitute a quorum, but a lesser number may meet and
adjourn. However, the affirmative vote of at least three members shall be required to reverse
any order, requirement, decision or determination by an administrative officer, or to decide
in favor of an applicant on any matter upon which it is required to pass under this Ordinance,
or to effect any variance therefrom. (Note: Code of Virginia, § 15.2-2312.)
(3) Special meetings may be called by the Chairman, provided that at least five days' notice of
such hearing is given each member in writing.
(4) The BZA may adjourn a regular meeting if all applications or appeals cannot be disposed of on
the day set, and no further public notice shall be necessary to continue such a meeting,
provided the time, date and place of the continued meeting is stated at the original meeting.
Such adjournment shall be mandatory 10 hours after the start of the meeting.
(5) Appeals shall be heard and applications considered in the order in which they are filed, except
that an appeal or application may be advanced for a hearing by an order of the BZA for a good
cause shown. The Clerk shall keep a calendar of cases to be heard in their proper priority.
(6) All public hearings conducted by the BZA shall be in accordance with the provisions as set forth
in Article III, Permits and Applications, of this Ordinance. All hearings shall be open to the
public, and any person affected may appear and testify at such hearing, either in person or by
an authorized agent or attorney.
(C) Records. The BZA shall keep written records and minutes of all its proceedings, showing evidence
presented, findings of fact by the BZA and the vote of each member upon each question or, if
absent or failing to vote, such fact.
(D) Referral to Planning Commission. The Clerk of the BZA shall transmit a copy of any application to
the Commission, which may send a recommendation to the BZA or appear as a party to any
hearing, and shall also notify the Commission of the date of the hearing thereon. (Note: Code of
Virginia, § 15.2-2310.)
(E) Procedure on application or appeal. The BZA shall fix a reasonable time for the hearing of an
application or appeal, give public notice thereof as well as due notice to the parties in interest,
and make its decision within 90 days of the filing of the application or appeal. In exercising its
powers, the BZA may reverse or affirm, wholly or partly, or may modify, an order, requirement,
decision or determination appealed from. The concurring vote of at least three of the
membership of the BZA shall be necessary to reverse any order, requirement, decision or
determination of an administrative officer or to decide in favor of the applicant on any matter
upon which it is required to pass or to effect any variance. The BZA shall keep minutes of its
proceedings and other official actions which shall be filed in the office of the County
Administrator and shall be public records. The Chairman of the BZA, or in their absence, the Acting
Chairman, may administer oaths and compel the attendance of witnesses. (Note: Code of
Virginia, § 15.2-2312.) All votes taken pursuant to this subsection shall be by roll call.
(F) Limitations. All provisions of this Ordinance relating to the BZA shall be strictly construed. The
BZA, as a body of limited jurisdiction, shall act in full conformity with all provisions and definitions
in this Ordinance and in strict compliance with all limitations contained therein.
(G) Decisions subject to judicial review. All decisions of the BZA shall be final decisions, but shall in all
instances be subject to judicial review in the manner provided by § 15.2-2314 of the Code of
Virginia, 1950, as amended.
Division 4. Enforcement.
Section II-4-1. Authority.
(A) The Zoning Administrator shall have all necessary authority on behalf of the Board to administer
and enforce the provisions of this Ordinance. Such authority shall include the ability to order, in
writing, the remedy of any condition found in violation of this Ordinance and, within 30 days'
notice to the Board, the ability to bring legal action to ensure compliance with the provisions,
including injunction, abatement or other appropriate action or proceeding.
(B) Any building erected or improvements constructed contrary to any of the provisions of this
Ordinance and any use of any building or land which is conducted, operated or maintained
contrary to any of the provisions of this Ordinance shall be declared to be unlawful.
Section II-4-2. Complaints and Inspection.

The Zoning Administrator may initiate injunction, mandamus or any other appropriate action to
prevent, enjoin, abate or remove such erection or use in violation of any provision of this Ordinance.
Such action may also be instituted by any citizen who may be aggrieved or particularly damaged by any
violation of any provisions of this Ordinance.
Section II-4-3. Notice of Violation.

Upon becoming aware of any violation of any provisions of this Ordinance, the Zoning Administrator
shall serve notice of such violation on the person committing or permitting the same, and if such
violation has not ceased within such reasonable time as the Zoning Administrator has specified in such
notice, the Zoning Administrator shall institute such action as may be necessary to terminate the
violation.
Section II-4-4. Remedies and Penalties for Violation.

(A) The remedies provided in this article are cumulative and not exclusive and shall be in addition to
any other remedies provided by law.
(B) Any person, whether owner, lessee, principal, agent, employee or otherwise, who violates any
provision of this Ordinance; who erects, modifies, or uses any building or who uses any land, in
violation of any site plan, permit or proffer approved either under this Ordinance or under any
prior zoning ordinance; or who conspires with, aids, abets or permits another to do any of the
foregoing, shall be guilty of a misdemeanor punishable by a fine of not less than $10 nor more
than $1,000. If the violation is uncorrected at the time of the conviction, the court shall order the
violator to abate or remedy the violation within a time period established by the court. Failure to
remove or abate a violation within the specified time period shall constitute a separate
misdemeanor offense punishable by a fine of not less than $10 nor more than $1,000, and any
such failure during any succeeding ten-day period shall constitute a separate misdemeanor
offense for each ten-day period punishable by a fine of not less than $100 nor more than $1,500.
Proceeding under this subsection shall not restrict or limit any other remedy available under the
law. At the time of its adoption, this subsection incorporated the maximum penalties allowed to
be imposed by § 15.2-2286 of the Code of Virginia. In the event future amendment to § 15.2-
2286 of the Code of Virginia allows for greater or additional penalties, then any such greater or
additional penalties shall be incorporated herein by reference and shall supersede any provision
of this subsection with which they conflict.
Division 5. Fees.
Section II-5-1. Fees and Charges.
All appeals and applications as provided for in this Ordinance shall be accompanied by a filing fee in an
amount to be determined by the fee schedule adopted separately by the Board; except that no fee
shall be required where the applicant is the County of Rappahannock or any agency, authority,
commission or body specifically created by the County, state or federal government. All fees shall be
made payable to the Treasurer of Rappahannock County, who shall issue receipts, one copy of which
shall be maintained on file with the application. The fee for filing an appeal shall not exceed the costs
of advertising the appeal for public hearing and reasonable costs.
Division 6. Taxes and Expenses Paid.

Section II-6-1. Delinquent Taxes and Charges.
Reserved
ARTICLE III – Permits and Applications.
Division 1. In General.
Section III-1-1. Preapplication Meeting.
Reserved
Section III-1-2. Minimum Submission Standards.

Reserved
Section III-1-3. Forms.

(A) All appeals and applications as provided for in this Ordinance shall be submitted, in writing, on
forms prescribed by the responsible official. Each appeal or application shall contain that specific
information as may be required by the various provisions of this Ordinance.
(B) Every application required under the provisions of this Ordinance shall be filed with the Zoning
Administrator. No application shall be considered officially on file or shall be advertised for a
public hearing until the application and all required accompanying submissions, including a site
plan if required, are submitted to the Zoning Administrator and all delinquent real estate taxes
are paid as authorized by Code of Virginia § 15.2-2286(B). When the application is complete, it
shall be referred to the officer, body or agency having jurisdiction to act on the same.
(C) All applications and appeals shall be heard and considered in the order in which they are filed.
(D) With the exception of an application for an amendment to the Zoning Map, which is regulated by
the provisions of Division 2, Zoning Text and Map Amendments, below, an appellant or applicant
whose appeal or application is denied may not institute a new appeal or application on
substantially the same subject within 12 months from the date of action by the approving body
on the original appeal or application.
Section III-1-4. Ownership Disclosure.

Reserved
Section III-1-5. Oath Required.

Reserved
Division 2. Zoning Text and Map Amendments.

Section III-2-1. In General.
(A) Amendments generally. Whenever the public necessity, convenience, general welfare or good
zoning practice requires, the Board may, by general ordinance, amend, supplement or change
the regulations, restrictions, district boundaries or classification of property established in this
Ordinance by majority vote; provided that no such action may be taken until after public hearings
have been held in relation thereto as provided by § 15.2-2204 of the Code of Virginia, at which
parties of interest and citizens shall have an opportunity to be heard. Any such amendment may
ARTICLE III – Permits and Applications. | 14

be initiated by petition of any property owner addressed to the Board, by resolution of the Board
or by motion of the Commission in the following manner:
(B) Matters to be considered in reviewing proposed amendments. Proposed amendments shall be
considered with reasonable consideration for the existing use and character of the area, the
suitability of the property for various uses, the trends of growth or change, the current and future
requirements of the County as to land for various purposes as determined by population,
economic and other studies; the transportation requirements of the community and the County
and the requirements for schools, parks, playgrounds, recreation areas and other public services;
for the conservation of natural resources and preservation of floodplains; and for the
conservation of properties and their values and the encouragement of the most appropriate use
of land throughout the County. These considerations shall include but not be limited to the
Comprehensive Plan or parts thereof, the relation of development to roads or road construction
programs, proximity of the development to utilities and public facilities, the existence of an
agricultural and forestal district created pursuant to Chapter 36 of the Code of Virginia and any
other applicable standards contained in Article III, Permits and Applications.
Section III-2-2. Standards and Procedures.

(A) Property owner petition: by filing with the ZA a petition of any owners of land proposed to be
rezoned. The petition shall be addressed to the Board and shall be on a standard application form
signed by the owner or their agent, accompanied by four copies of metes and bounds description
and a plat of the property proposed for rezoning, a conflict of interest statement, a fee to be
determined in accordance with a fee schedule separately adopted by the Board and a narrative
addressing the compatibility of the request with the adopted Comprehensive Plan and its goals
and objectives. Where an application contains conditions proffered in accordance with § 15.2-
2297 of the Code of Virginia, the application shall contain the conditions and the following
statement:
"I hereby proffer that the development and/or use of the subject property of this
application shall be in strict accordance with the conditions set forth in this submission, unless an
amendment thereto is mutually agreed upon by the Board of Supervisors and the undersigned."
(B) Board resolution: by the adoption by the Board of a resolution of intention to amend, which
resolution upon adoption shall be referred to the Commission for consideration pursuant to
§ 15.2-2285B of the Code of Virginia.
(C) Commission resolution: by the adoption by the Commission of a motion of intention to propose
an amendment.
(D) Conflicts of interest. When a zoning application is filed by a property owner, such petition shall
be sworn to under oath before a notary public, stating whether any member of the Board or
Commission has interest in such property, whether individually, by ownership of stock in a
corporation owning such land or by partnership, or whether a member of the immediate
household of any member of the Board or the Commission has any such interest. For the purpose
of this article, "own" or "have any interest in" shall mean ownership by members of their
immediate household or ownership by way of partnership or as a holder of 10% or more of the

outstanding shares of stock in or serving as a director or officer of any corporation owning such
land, directly or indirectly, by members of their immediate household.
(E) Notice of hearings. The Commission shall not recommend nor shall the Board adopt any plan,
ordinance, amendment, change in district boundaries or classification of property until the notice
of public hearing requirements as contained herein has been accomplished.
(F) Referral to Planning Commission; action by Planning Commission.
(1) In accordance with Title 15.2 of the Code of Virginia, proposed amendments to this Ordinance,
changes in district boundaries or classification of property shall be referred by the Board or its
administrative representative to the Planning Commission for its recommendation. The
Commission shall hold a public hearing on such application or resolution, as provided by
Subsection (E) above.
(2) After conclusion of the public hearing, unless the proceedings are terminated as provided
herein, the Commission shall consider the proposed amendment or resolution and send to
the Board its recommendation and appropriate explanatory materials. Failure of the
Commission to report to the Board within 90 days after the first meeting of the Commission,
following the date the proposed amendment has been referred to the Commission, shall be
deemed approval by the Commission.
(G) Board of Supervisors action. Following the report to the Board by the Commission concerning any
proposed amendment to this Ordinance or change in district boundaries or classification of
property, and before approving and adopting any ordinance or amendment thereof, the Board
shall hold at least one public hearing thereon, pursuant to public notice as required under Division
III-10, Public Hearings, after which the Board may make appropriate changes or corrections in
this Ordinance or proposed amendment; provided that no additional land may be zoned to a
different classification than was contained in the public notice without an additional public
hearing as provided under Subsection (E) above. The Board of Supervisors shall render its decision
within 12 months of the date of the adoption of a motion or a resolution proposing the
amendment, or the filing of the petition proposing the amendment in the zoning office. [Note:
Code of Virginia, § 15.2-2286A(7).]
Section III-2-3. Reconsiderations.

(A) Refiling of petition following denial. Upon denial of any petition to change a zoning district, no
further petition concerning any or all of the same property for amendment to the same zoning
district as applied for in the petition denied shall be filed within one year of such denial.
(B) Withdrawal of petition. An application for an amendment may be withdrawn at any time;
provided that if the request for withdrawal is made after publication of the notice of public
hearing, no application for the reclassification of all or any part of the same property shall be filed
within six months of the withdrawal date. No refund of fees shall be made in the case of
withdrawal.
(C) Deferral of application on request of petitioner. Deferral of consideration of any petition may be
requested by the petitioner; provided that if the request for deferral is made after publication of
the notice of hearing, such deferral shall be only with the consent of either the Commission or

the Board, depending upon whichever body advertised the hearing. Applications deferred by the
Commission at the request of the petitioner should not be deemed as being referred to the
Commission until such time as the matter has been rescheduled on the Commission's agenda.
Division 3. Conditional Zoning and Proffers.

Section III-3-1. Intent.
Reserved

Reserved
Section III-3-3. Amendments and Variations Prior to Final Decision.

Reserved
Section III-3-4. Effect of Condition; Period of Validity.

Reserved
Section III-3-5. Record of Conditional Zoning.

Reserved

Reserved
Division 4. Special Exceptions.

(A) In consideration of an application filed with the Zoning Administrator, the BZA and the Board may
authorize the establishment of those uses that are expressly listed respectively as special permit
uses and special exception uses in a particular zoning district; provided, however, that no such
permit shall be required for a use allowed as a permitted use in such district.
(B) For the purpose of applying specific conditions upon certain types of special exception uses and
for allowing such uses to be established only in those zoning districts which are appropriate areas
for such uses, all special exception uses are divided into categories of associated or related uses
as hereinafter set forth in this Article.
Section III-4-2. Applicability.

(A) No special exception use shall be authorized unless such use complies with all the applicable
standards of this Article and all other applicable requirements of this Ordinance.
(B) Neither the BZA nor the Board shall have the authority to vary, modify or waive any of the
regulations or standards prescribed for any use or purpose for which a special exception is

required. The discretion of the BZA and Board shall be limited to determinations with respect to
the standards applying to the use or purpose covered by the application.
(C) This provision shall not preclude any concurrent but jurisdictionally separate proceedings
applying to the same property in which an application is made for a variance on an allegation of
hardship.
(D) The jurisdiction of the BZA and the Board, with respect to any use or purpose for which such body
is authorized to issue, respectively, special permits and special exceptions, shall be confined to
the consideration of the questions of conformity with the provisions of this Ordinance. On an
affirmative finding with respect to conformity, the Board shall issue the special exception applied
for, subject to whatever conditions and restrictions are deemed necessary and appropriate under
the provisions of Division III-4, Special Exceptions.
(E) Any use for which a special exception is granted by the Board, and which complies with the
specific requirements of this Ordinance and those conditions and restrictions which may be
imposed in accordance with Division III-4, Special Exceptions, shall be deemed to be a permitted
use on the lot for which it is approved.
(F) Once a special exception has been granted, however, the use shall not be enlarged, extended,
increased in intensity or relocated unless an application is made for a new special exception;
except that the Board may specifically waive or modify requirements for obtaining additional
permits for the enlarging, extending, increasing in intensity or relocation of previously approved
special exception uses in unusual cases when the change is not significant.
(G) If the requested special exception involves a public street, park, area, facility, building, structure,
utility facility, or service corporation facility, whether publicly or privately owned, or a
telecommunications facility, or any other type of use or structure referred to in § 15.2-2232 of
the Code of Virginia, that is not provided for in the Comprehensive Plan (which is considered to
be the County's master plan), then the Planning Commission shall conduct the review required
by Code of Virginia, § 15.2-2232, at the same time it reviews the application for the special
exception.

(A) General Standards. In addition to the special standards set forth hereinafter with regard to
particular special exception and special use permit uses, all such uses shall also satisfy the
following general standards:
(1) The proposed use shall be such that it will not adversely affect the use or development of
neighboring properties and shall be in accordance with the applicable zoning district
regulations. The location, size and height of buildings, structures, walls and fences and the
nature and extent of screening, buffering and landscaping shall be such that the use will not
hinder or discourage the appropriate development and/or use of adjacent or nearby land
and/or buildings or impair the value thereof.
(2) The proposed use shall be such that pedestrian and vehicular traffic generated will not be
hazardous or conflict with the existing and anticipated traffic in the neighborhood and on the
streets serving the site.

(3) Adequate utility, drainage, parking, loading and other necessary facilities to serve the
proposed use shall be provided. Parking and loading requirements shall be in accordance with
the provisions of Division VIII-6, Parking and Loading.
(4) Signs shall be regulated by the provisions of Division VIII-7, Signs, except as may be qualified
in the subsections that follow for a particular category or use. However, the BZA and the
Board, under the authority presented in Division III-4, Special Exceptions, below, may impose
more restrictive standards for a given use than those set forth in this Ordinance.
(5) The future impact of a proposed use shall be considered and addressed in establishing a time
limit on the permit. Existing and recent development, current zoning and the Comprehensive
Plan shall be among the factors used in assessing the future impact of the proposed use and
whether reconsideration of the permit after a stated period of time would be necessary and
appropriate for the protection of properties in the vicinity and to ensure implementation of
the Comprehensive Plan.
(6) The proposed use shall be such that air quality and surface and ground water quality and
quantity are not degraded or depleted to an extent that would hinder or discourage the
appropriate development and/or use of adjacent or nearby land and/or buildings or impair
the value thereof.
(7) The proposed use will not result in unsafe conditions in relation to community facilities
existing or planned as relates to adequate police and fire protection and danger and
congestion in travel and rescue services.
(8) The proposed use will not cause an undue impact on the sanitary landfill and solid waste
transfer collection stations.
(9) The proposed use will not cause an undue impact on the historic or scenic qualities of the
immediate area.
(10) The proposed special exception will not be detrimental to the implementation of the adopted
Comprehensive Plan, including the goals contained therein.
(B) Applications.
(1) An application for a special permit or special exception may be made by any property owner,
owner of an easement, possessor of the right of entry under the power of eminent domain,
lessee, contract purchaser or any official, department, board or bureau of any government. A
contract purchaser, lessee or owner of an easement must file with the application a copy of
the contract or some form of written statement which indicates the endorsement of the
application by the property owner.
(2) The application shall be filed with the Zoning Administrator on forms provided by the County.
The application shall be complete and shall be accompanied by those submission
requirements set forth in (C), below, any specific information that may be required for a given
category or use and any other additional information that may be required by the BZA or
Board. The application shall be accompanied by a fee established in accordance with the
provisions of Article III, Division 6, Site Plans. No application shall be deemed to be on file with
the County until all required submissions and payments have been presented.

(3) The Zoning Administrator shall refer the application to the Planning Commission, and in
addition to any agency or review body as may be specified for a particular category or use or
as they deem appropriate. Such referral will be made expeditiously upon filing of the
application. The application shall be placed on the Planning Commission's agenda for its next
regular monthly meeting following the filing of a complete application within the time
specified in Section III-4-3(B)(5) below. The Zoning Administrator shall take action necessary
to see that the advertising requirements of Article III, Permits and Applications, are met.
(4) Any time limits specified by this section may be waived by agreement between the issuing
authority, who may act through the Zoning Administrator, and the applicant, or the applicant's
agent.
(5) Application for a special permit or special exception shall be filed not later than 16 days prior
to the next regular monthly Planning Commission meeting, at which it will be placed on the
agenda. At that meeting, the Commission will review the general content of the proposal and
request any specific additional information to be provided by the applicant or staff. If deemed
necessary, the Commission may hold a public hearing advertised in accordance with Code of
Virginia, § 15.2-2204, at its next regular meeting.
(6) The BZA or Board shall render a decision on all applications for special permits and special
exceptions, respectively, no later than 90 or 120 days, respectively, following the first meeting
at which the application was on the agenda. This time limit may be extended by either body,
only if comments or reports have not been received from other agencies and/or review bodies
(other than the Commission) which are either specified for a particular category or use or are
deemed necessary by the BZA or Board
(C) Submission Requirements.
(1) An explicit statement of proposed use. It may be on the application form.
(2) A scale drawing(s) showing:
(i) The property lines.
(ii) Abutting streets with names or route numbers.
(iii) The location of all existing and proposed buildings or uses.
(iv) The highway entrance(s) and driveway(s).
(3) If a site plan is not required, the following will also be submitted:
(i) Off-street parking and loading spaces, showing the number of spaces provided.
(ii) Front, side and rear elevations of any proposed buildings.
(iii) Landscaping, is applicable.
(iv) Such drawing shall be submitted in four copies on sheets not exceeding thirty by forty-
two (30 x 42) inches. More than one sheet may be used.
(4) A copy of the applicant's purchase agreement or sales contract, if the applicant is a contract
owner.

(5) In the event the Zoning Administrator recommends that a full site plan as set forth in Article
III, Division 6, Site Plans, should be waived, pending review of the initial application and
concurrence by the Commission to waive the requirement for a full site plan as set forth in
Article III, Division 6, Site Plans, an application for a special exception permit may be advertised
for hearing only upon submission of a preliminary site plan substantially in accord with the
provisions of (C)(2) and (3); provided, however, that any other information or a full site plan
may be required if requested by the Board, BZA or Commission, notwithstanding that it was
waived by the Zoning Administrator.
(D) Extension by Zoning Administrator.
(1) The application for an extension of a special exception shall be filed with the Zoning
Administrator in accordance with the provisions of (B)(1) and (2) above. The application shall
be filed at least 30 days before the expiration date of the special exception.
(2) The Zoning Administrator shall inspect the use, review the applicant's record of compliance
with those conditions, standards and restrictions previously imposed by the BZA or Board and
make a determination on whether the special exception use still satisfies the applicable
standards of this Ordinance. The Zoning Administrator shall also notify the appropriate
approving authority that the request has been filed.
(3) Upon a favorable finding, the Zoning Administrator shall issue an extension of the special
permit or special exception for the period of time that may be specified for a particular
category or use or that may have been specified by the BZA or the Board. Upon an unfavorable
finding, the application shall be denied, and such an action shall be subject to an appeal in
accordance with the provisions of Article III, Permits and Applications.
(4) All ordinances and regulations, in effect at the time an application for an extension is filed,
shall apply to the use in the same manner as when a new special exception is issued by the
BZA or Board, except that no alteration of a structure shall be required if such structure was
in conformity with the provisions of the Building Code and other applicable regulations at the
time the special permit or special exception was first granted.
(E) Conditions and Restrictions.
(1) General. The BZA and the Board, respectively, in granting special permits and special
exceptions, may impose such conditions, safeguards and restrictions upon the proposed uses
as may be deemed necessary in the public interest to secure compliance with the provisions
of this Ordinance. Conditions may include but need not be limited to the following:
(i) The hours of operation.
(ii) Access to the subject property.
(iii) Protection of surface water and groundwater.
(iv) Lighting of the sire, to include intensity and shielding, so as not to adversely affect
adjacent or nearby property owners.
(v) Adequate sewer and water supplies.

(a) If the proposed use will discharge liquid waste, and the subject property is within the
service area of the Rappahannock County Water and Sewer Authority, then the use
must be connected to the sewer system unless a written waiver is given by the
Authority.
(b) The issuing authority may consider not only whether there is sufficient water available
for the proposed use, but whether the quantity of water required for the proposed
use could negatively impact the availability of water for other properties and uses.
(vi) Sound limitations as needed to ensure peaceful enjoyment of neighboring properties.
(vii) The location, size, height, design of buildings, walls, fences, landscaping and buffer yard.
(viii) Covenants and/or homeowners associations for maintenance of required improvements
and compliance with applicable restrictions.
(ix) The timing or phasing of development.
(x) The provision and location of utilities, to include requiring underground placement.
(xi) Control of smoke, dust and odors.
(xii) Bonding as required to ensure standards are met and plans are implemented.
(F) Renewals.
(1) The procedure for the renewal of a special permit or special exception shall be the same as
specified in Subsection (B) above for the issuance of the original permit or exception, unless
the BZA or Board shall specifically waive or modify such procedure for a given permit or
exception or unless the procedure is qualified for a particular category or use. The application
for renewal shall be filed at least 60 days before the expiration date of the exception.
(2) All ordinances and regulations in effect at the time an application for renewal is filed shall
apply to the use in the same manner as when a special permit or exception is issued by the
BZA or Board, except that no alteration of a structure shall be required if such structure was
in conformity with the provisions of the Building Code and other applicable regulations at the
time the special permit or special exception was first granted.
Section III-4-4. Effect of Decision; Period of Validity.

(A) In addition to the time limit set forth in this article, the BZA and the Board, respectively, may
require as a condition to the issuance of any special exception that it shall be issued for a specified
period of time; and that it may be subsequently extended for a designated period by the Zoning
Administrator, so that it may be periodically renewed by the body granting such approval. The
procedure of granting an extension or renewal shall be as presented in Section III-4-3 (D).
(B) With the exception of public uses, whenever a special exception is issued by the BZA or Board,
the activity authorized thereby shall be established and any construction authorized shall be
diligently prosecuted within such time as the BZA or Board may have specified or, if no such time
has been specified, then within one year after the effective date of such exception, unless an
extension shall be granted by the BZA or Board because of the occurrence of conditions
unforeseen at the time of the granting of the special exception. If construction has not

commenced within a period of one year, unless an extension is granted, such special exception
shall automatically expire without notice.
(C) In addition to the time limit set forth in this article, the BZA and the Board, respectively, may
require as a condition to the issuance of any special exception that it shall be issued for a specified
period of time; and that it may be subsequently extended for a designated period by the Zoning
Administrator, so that it may be periodically renewed by the body granting such approval. The
procedure of granting an extension or renewal shall be as presented in Section III-4-3 (D).
Section III-4-5. Revocation.

(A) Any special exception shall be revocable on the order of the issuing authority, either the BZA or
the Board, whenever there has not been compliance with any applicable state law or regulation,
local ordinance, or the express terms and conditions of the special exception, whether those
terms and conditions were imposed at the time of issuance, or at the time of the granting of any
extension or modification; except that in cases of a SE for residential lot development or for more
than one dwelling on a lot or parcel, a SE shall not be revocable.
(B) Procedure for revocation:
(1) Alternative 1: The issuing authority shall give the holder of the special exception written notice
of the alleged violation, and of the date by which the violation must be cured. If the violation
is not cured within the time specified, the issuing authority may then vote to proceed with a
revocation hearing. Any person who communicates such notice at the request of the issuing
authority is acting as its agent and such notice is not appealable under Code of Virginia, § 15.2-
2311.
(2) Alternative 2: If the issuing authority decides the holder has already received adequate notice
of the violation, or that the violation may not be cured within a reasonable time, or that delay
is not in the public interest, or for any other reason deemed by it to be sufficient, the issuing
authority may immediately proceed on its own motion to set and hold a revocation hearing.
(3) Provided, in either case, revocation may occur only after notice and hearing as provided by
§ 15.2-2204 of the Code of Virginia. [Note: Code of Virginia, § 15.2-2309(7).]
(C) The foregoing provisions shall not be deemed to preclude the use of any other remedy prescribed
by law or by this Ordinance with respect to violations of the provisions of this Ordinance, or of
any special exception.

Reserved
Division 5. Variances.
(A) A variance may be granted when it is not contrary to the public interest, and, owing to special
conditions, a literal enforcement of the provisions of this Chapter 170 will result in unnecessary
hardship, provided that the spirit of this Ordinance shall be observed and substantial justice done,

as follows: When a property owner can show that their property was acquired in good faith and
where, by reason of the exceptional narrowness, shallowness, size or shape of a specific piece of
property at the time of the effective date of this Chapter 170, or where, by reason of exceptional
topographic conditions or other extraordinary situation or condition of the piece of property, or
of the condition, situation, or development of property immediately adjacent thereto, the strict
application of the terms of this Chapter 170 would effectively prohibit or unreasonably restrict
the utilization of the property, or where the BZA is satisfied, upon the evidence heard by it, that
the granting of the variance will alleviate a clearly demonstrable hardship, as distinguished from
a special privilege or convenience sought by the applicant, a variance may be granted, provided
that all variances shall be in harmony with the intended spirit and purpose of this Chapter 170,
and shall be the minimum necessary to alleviate the demonstrated hardship.
(B) The Board of Zoning Appeals (BZA) may authorize upon appeal or original application in specific
cases reasonable deviations from those provisions of this Chapter 170 regulating the size or area
of a lot or parcel of land, or the size, area, bulk or location of a building or structure. Such a
deviation is referred to as a "variance." A variance shall not permit a change in use which may be
accomplished by a special exception, rezoning or by a conditional zoning. [Note: See Code of
Virginia, § 15.2-2201, for definition of a "variance." See gen. Code of Virginia, § 15.2-2309 2.]

(A) Authorization of variance.
(1) No such variance shall be authorized by the BZA unless it finds by affirmative vote of at least
three members that:
(i) The strict application of this Ordinance would produce undue hardship relating to the
property; and
(ii) The hardship is not shared generally by other properties in the same zoning district and
the same vicinity; and
(iii) The authorization of the variance will not be of substantial detriment to adjacent property
and that the character of the district will not be changed by the granting of the variance;
and
(iv) The condition or situation of the property concerned is not of so general or recurring a
nature as to make reasonably practicable the formulation of a general regulation to be
adopted as an amendment to the ordinance. (Note: Code of Virginia, §§ 15.2-2309; 15.2-
2201.)
(2) If a motion to grant the variance is passed by the requisite three, or more, affirmative votes,
that vote shall constitute a finding by the BZA in favor of the applicant as to each of the four
items in Section III-5-2 (A)(1)(i) through (iv) immediately above.
(B) Additional provisions applicable to variances sought in the Floodplain Overlay District: Any
variance sought for property in the Floodplain Overlay District must meet the requirements of
both this Division III-5, Variances, and those of Section V-3-6 (J), Variances. Within the Floodplain
Overlay District, the provisions of Article V take precedence over any less restrictive provisions of
this Article.

(C) No variance shall be authorized except after notice and hearing as required by Code of Virginia,
§ 15.2-2204. However, when giving any required notice to the owners, their agents or the
occupants of abutting property and property immediately across the street or road from the
property affected, the BZA may give such notice by first-class mail rather than by registered or
certified mail.
(D) In authorizing a variance the BZA may impose such conditions regarding the location, character
and other features of the proposed structure or use as it may deem necessary in the public
interest, and may require a guarantee or bond to ensure that the conditions imposed are being
and will continue to be complied with.
(E) Application for a variance may be made by any property owner, tenant, government official,
department, board or bureau. A person contractually bound to buy a certain property may apply
for a variance, provided the property owner has given written consent in the contract of sale or
another document filed with the application. Applications shall be made, in writing, to the Zoning
Administrator. The application and accompanying maps, plans or other information shall be
transmitted promptly to the secretary of the BZA who shall place the matter on the docket to be
acted upon by the BZA.
(F) The application shall be made on a form prepared by the Zoning Administrator and shall be
accompanied by an application fee as set from time to time by resolution of the Board of
Supervisors.
(G) The application must address the following points:
(1) From what provisions of this Chapter 170 is a variance being sought?
(2) The nature and extent of the variance sought.
(3) Why and/or how the property, and the variance sought would satisfy the tests stated in
Subsection Section III-5-2 (A)(1)(i) through (iv) and above.
(4) If the affected property is in the Floodplain Overlay District, how the request meets the
additional provisions applicable in the Floodplain Overlay District, set forth above.
(H) If a building or structure is constructed, or has begun to be constructed, within a prohibited yard,
or in violation of a setback line, or in violation any other provision of this Chapter 170 to which a
variance may apply, and such violation occurred inadvertently and without the fault of the
property owner, the property owner may apply for a variance under this section and shall be
treated in the same manner as any other property owner, and any hardship shall not be deemed
to be self-imposed.
(I) The BZA shall render a decision on the request for a variance within 90 days after receipt of a
complete application and all fees by the Zoning Administrator. In the event that a decision is not
rendered within said ninety-day period, the application shall be deemed to be denied effective
as of the 91st day, provided the applicant may request an extension of the ninety-day period, and
if agreed to by the BZA, a decision on the application shall be continued to the date of a future
BZA meeting. This extension may be made subject to certain conditions agreed to between the
parties. If no decision is rendered by the BZA on the agreed to future meeting date, the
application shall be deemed to be denied effective that date.

Section III-5-3. Effect of Decision; Period of Validity.
Notwithstanding any other provision of law, the property upon which a property owner has been
granted a variance shall be treated as conforming for all purposes under state law and this Code;
however, the structure permitted by the variance may not be expanded unless the expansion is within
an area of the site or part of the structure for which no variance is required. Where the expansion is
proposed within an area of the site or part of the structure for which a variance is required, the approval
of an additional variance shall be required. (Note: Code of Virginia, § 15.2-2309)

No application for a variance shall be considered by the issuing authority within one year of the
consideration of a prior application that is substantially the same. The one-year period shall run from
the date of the scheduled public hearing on the prior application. (Note: Code of Virginia, § 15.2-2311.)
This provision shall not apply if the prior application was withdrawn before the day of the scheduled
public hearing. However, an application may be withdrawn up until the time of a motion to approve or
disapprove. This subsection only addresses when substantially the same application may be submitted.
Division 6. Site Plans.

It is the intent of this article to assure compliance with the applicable ordinances and statutes, to
encourage innovative and creative design, to facilitate use of the most advantageous techniques in the
development of land in Rappahannock County, to ensure the efficient use of land and to promote high
standards in the layout, design, landscaping and construction of development.

No zoning permit for any use for which an X appears in the Site Plan column of Article VI, Use Matrix,
shall be issued unless and until a site plan shall have been submitted and approved in accordance with
the provisions of this Article. A site plan will not, however, be required for the repair or rehabilitation
of an existing structure when such work does not involve and is not related to either a change in use
or an increase in the intensity of the use, as determined by the Administrator. In addition, with the
concurrence of the Planning Commission, the ZA may waive any or all requirements, including
submission requirements, when, in the judgment of the Commission and ZA, the requirements are not
necessary to protect the health, safety and general welfare of the citizenry nor necessary to assure
compliance with any provision of this Ordinance. In the case of permitted uses requiring site plans, the
Zoning Administrator may waive any and all requirements when, in his/her judgment, the submissions
are not necessary to protect the health, safety and general welfare of the citizenry nor necessary to
assure compliance with any provision of this Ordinance.
Section III-6-3. Concept Site Plans Specifications and Contents.

Reserved
Section III-6-4. Final Site Plans Specifications and Contents.

(A) Submission Requirements.

(1) Every site plan submission as hereafter provided shall contain the following information:
(i) The location of the tract or parcel by vicinity map at a scale of one inch equals 2,000 feet
and landmarks sufficient to properly identify the location of the property.
(ii) A boundary survey of the tract or site plan limit, with an error of closure within the limit
of one in 10,000, related to the true meridian, showing the location and type of boundary
evidence and the area of the site.
(iii) A certificate signed by the engineer or surveyor setting forth the source and title of the
owner of the tract and the owner's name and place of record of the last instrument in the
chain of title (including the deed book and page number).
(iv) Existing and proposed streets and easements, their names, numbers and width; existing
and proposed utilities of all types; watercourses and their names; owners, zoning and
present use of adjoining tracts.
(v) The location, type and size of ingress and egress to the site.
(vi) The location, type, size and height of all fencing, screening and retaining walls where
required under the provisions of applicable ordinances.
(vii) All off-street parking and parking bays, loading spaces and walkways, indicating type of
surfacing, size, angle of stalls, width of aisles and a specific schedule showing the number
of parking spaces provided and the number required in accordance with this Ordinance.
All spaces shall have adequate space for moving and turning.
(viii) The number of floors, floor area, height and location of each building and proposed
general use for each building. For single-family attached or multifamily dwellings, the
number, size and type of dwelling units shall be shown.
(ix) Front elevations, shown to scale.
(x) Existing and proposed water and sanitary sewer facilities, indicating all pipe sizes, types
and grades and where connection is to be made to an existing or a proposed central water
or sewer system.
(xi) Adequate provision for the disposition of natural and storm water with respect to quality
and quantity.
(xii) Provision and schedule for the adequate control of erosion and sedimentation, indicating
proposed temporary and permanent control practices and measures, which shall be
implemented during all phases of clearing, grading and construction.
(xiii) Existing topography, accurately shown with a maximum of two-foot contour intervals at a
scale of not less than 50 feet to the inch, unless waved by the Commission.
(2) All horizontal dimensions shown in the site development plan shall be in feet and decimals of
a foot nearest to one hundredth (0.01) of a foot, and all bearings in degrees, minutes and
seconds to the nearest 10 seconds.
(3) A landscape design plan, based upon accepted professional design layouts and principles, shall
be required unless waived by the Administrator and/or the Commission.

(4) Site plans for the expansion of an existing use on the same lot or onto an adjacent lot shall
show all existing facilities as well as those proposed.
(B) Preparation and submission procedure; items to be shown.
(1) Any person submitting a site plan shall submit written proof of notification of five property
owners in the immediate vicinity of the property involved; three of said property owners shall
be owners adjoining the site plan area. Notice sent by registered or certified mail to the last
known address of such owner as shown on the current real estate tax assessment books of
Rappahannock County shall be deemed adequate compliance with the requirement. The
provision of notice shall be the responsibility of the owner or the developer. A site plan shall
be considered by the Commission only after five days of such notice. The notice shall state the
type of use, the date of submission, the specific location of the proposed development and
the appropriate County office where the site plan may be reviewed.
(2) The site plan, or any portion thereof, involving engineering, architecture, city planning, urban
design, landscape architecture or land surveying shall be prepared by persons qualified to do
such work. Final site plans shall be certified by an architect, engineer or land surveyor within
the limits of their respective licenses authorizing them to practice in the Commonwealth of
Virginia.
(3) The site plan shall show the name and address of the owner or developer, magisterial district,
County, state, North point, date, scale of drawings and number of sheets. In addition, it shall
reserve a blank space four by four (4x4) inches in size on the plan face for use of the approving
authority.
(4) The site plan shall be prepared to the scale of one inch equals 100 feet or larger; no sheet
shall exceed 42 inches in size.
(5) The site plan may be prepared on one or more sheets. If prepared on more than one sheet,
match lines shall clearly indicate where the several sheets join.
(6) Four clearly legible blue or black line copies of the site plan shall be submitted to the Zoning
Administrator.
(7) In addition to the required information set forth above, the following specific items shall also
be shown on all site development plans:
(i) Right-of-way lines, center lines, departing lot lines, lot numbers, subdivision limits, limits
of construction and building location.
(ii) Center-line curve data, including delta radius arc and cord and tangent.
(iii) The radius of all curb returns to face of curb. On streets where curb and gutter are not
required, the radius shall be indicated to the edge of bituminous treatment.
(iv) Street names and state route numbers on all existing streets in vicinity.
(v) The edge of the proposed street surface or the face of the curb, as the case may be, for
the full length of all streets.

(vi) The width of rights-of-way and all easements and the width of surface or distance
between the curb faces and the relation to the center line. Easements and rights-of-way
of all utilities shall be clearly defined for the purpose intended and whether they are to be
publicly or privately maintained.
(vii) When proposed streets intersect with adjoining existing streets or travelways, both edges
of existing pavement surface or curb and gutter must be indicated for a minimum of 100
feet or the length of connection, whichever is the greater distance.
(viii) The existing and proposed drainage easements and the direction of drainage flow in
streets, storm sewers, valley gutters, streams and subdrainage, etc.
(ix) All water mains, sizes, valves and fire hydrant locations.
(x) All sanitary and storm sewers and appurtenances, identified by type and number; the
station on the plan shall conform to the station shown on the profile. The top and invert
elevation of each structure shall be indicated.
(xi) The contributing drainage area in acres shall be shown statistically and shall show all
culvert, pipe curb inlets and other entrances exclusive of driveway pipes.
(xii) The floodplain limits as established by the current soil survey.
(xiii) The location of all or any springs either within or draining to street rights-of-way. The
proposed method of treatment shall be indicated.
(xiv) The location of all streams or stream relocations or drainageways or ditches related to the
street construction as proposed by the developer. Easements shall not be considered part
of the street right-of-way. Detailed typical drainage section and type of stabilization shall
be provided for approval by the Administrator and the resident engineer for the VDOT.
(xv) The type or class of concrete or treated metal drainage pipe to be installed and paved
roadside ditches as required.
(xvi) The location of "no-through-street" signs where required on cul-de-sac streets or
temporary cul-de-sac streets.
(xvii) The proper driveway entrance type, computed culvert size and/or VDOT design
designation.
(xviii) Provision at ends of curb and gutter for erosion control.
(xix) Typical street sections to be used on the site development plan.
(xx) The symmetrical transition of pavement at intersections with existing street, indicating
road edge delineators.
(xxi) The connection to proposed VDOT construction when necessary. A minimum of two
datum references for elevations used on plans and profiles and correlation, where
practical, to United States Geological Survey datum.
(xxii) Any necessary notes that may be required to explain the intent and purpose of specific
items on the plan or profile.

Section III-6-5. Standards and Improvements.
(A) Costs and specifications. All improvements required by this article shall be installed at the cost of
the developer. Where cost sharing or reimbursement agreements between the County and the
developer are appropriate, the same shall be recognized by formal written agreement prior to
site development plan approval and shall be subject to VDOT review and acceptance. When
specifications have been established either by VDOT for streets, etc., or by this Ordinance for
related facilities and utilities, such specifications shall be followed. The developer's performance
bond shall not be released until construction has been inspected and accepted by the County and
by the VDOT.
(B) Bonding and agreement. Prior to the approval of any site plan, there shall be executed by the
owner or developer an agreement with the County to construct required physical improvements
located within public rights-of-way or easements or connected to any public facility, together
with a bond or surety approved by the Board in the amount of the estimated cost of the required
physical improvements as determined by the ZA. The agreement and surety shall provide for
completion of all work within a specified time to be determined by the ZA.
(C) Common wall housing. Condominium and common-wall housing projects of all types shall
indicate on the plat those areas reserved for rental purposes and those areas reserved for sale
purposes. All common wall housing projects shall be required to submit a subdivision plat
showing all lots as required by Chapter 147, Subdivision of Land, of the Code of Rappahannock
County.
(D) Right-of-way dedication. Where the adopted Comprehensive Plan for Rappahannock County or
VDOT plans indicates a proposed right-of-way greater than that existing along the boundaries of
the site development plan, such additional right-of-way shall be dedicated for public use when
the plan is approved. Where a site plan is presented on public streets of less than 50 feet in width,
additional rights-of-way shall be added so that the public street or right-of-way shall be a
minimum of 25 feet from the existing center line.
(E) Street Standards.
(1) All street and highway construction standards and geometric design standards shall be in
accord with those specified in Chapter 147, Subdivision of Land, and/or the VDOT unless such
geometric design standards only are specifically modified by the Commission.
(2) The Commission may modify street geometric design standards for local, collector and minor
loop streets, provided that:
(i) Off-street parking sufficient to accommodate the required parking ratio is provided to
complement the street system.
(ii) Approval of modification is obtained from the VDOT, where applicable.
(F) Driveways and service roads.
(1) The pavement of vehicular travel lanes or driveways, designed to permit vehicular travel on
the site and to and from adjacent property and parking areas shall be not less than 20 feet in
width.

(2) On any site bordering a primary or arterial highway in the state highway system, the
developer, in lieu of providing travel lanes or driveways that provide vehicular travel to and
from adjacent parking areas and property, may dedicate where necessary and construct a
service road under County and state standards for such roads. In such event, the setback
requirements shall be no greater if the service road is dedicated from the setback required
without the dedication, except in no instance shall a building be constructed closer than 20
feet from the nearest right-of-way line.
(3) Upon satisfactory completion and inspection and only upon application by the developer, the
County shall take the necessary steps to have such service road accepted by the VDOT for
maintenance.
(G) Easements. Adequate easements shall be provided for drainage and all utilities.
(H) Drainage. Adequate drainage for the disposition of storm and natural water both on and off site
shall be provided.
(I) Erosion and sediment control, utilities.
(1) Adequate provisions shall be made by the developer for all utilities, both on site and off site.
(2) Percolation tests and/or other methods of soil evaluation deemed necessary by the Health
Director shall be the responsibility of the developer.
(3) Where central water and/or sewer systems having sufficient capacity either exist or are
proposed within a reasonable distance of the area of the site plan, provisions shall be made
to connect to such systems.
(4) All public facilities, utility and drainage easements outside the rights-of-way of public streets
or accessways shall be shown on the final site plan. Where it is necessary to place public
utilities in public rights-of-way, a permit shall first be obtained from the Board or the ZA for
such installation. Utility installations to be installed in public streets and rights-of-way shall be
coordinated with street construction plans and profiles approved by the VDOT resident
engineer for Rappahannock County and/or the Administrator.
(J) Landscaping and screening. Landscape planting, screening, fences, walks, curbs, gutters and
other physical improvements, as deemed necessary by the Board or required by the regulations
of the VDOT, shall be provided by the developer.
(K) Environmental impact. Adverse environmental impact of the development should be minimal.
The criteria for determination shall be as follows:
(1) Water supplies. The impact shall be deemed excessive if the Health Officer finds that the
development will jeopardize the safety of present or future water supplies or that by reason
of topography, soil type and conditions, surface and subsurface drainage condition, the water
table, the history of failures of septic systems in adjacent areas and the extent of septic
development there appears to be doubt of the proper functioning of septic systems with
respect to contamination of water supplies.
(2) Lack of adequate drainage. Excessive environmental impact with respect to drainage shall be
deemed to exist if surface or subsurface water retention and/or runoff is such that it

constitutes a danger to the structural security of proposed dwelling units or other on-site
structures. In addition, inadequate drainage shall be deemed to exist where proposed site
grading and development creates harmful or damaging effects from erosion and siltation on
downhill and/or downstream land and no adequate remedy is provided. Recommendations
may be required from the Culpeper Soil and Water Conservation District based on the
evaluation of a submitted sedimentation and erosion control plan.
(3) Tree masses and large individual trees should be preserved wherever possible.
(4) Wherever possible, utility lines should be placed underground.
(5) All major streams and rivers, especially those upon which flood control, water impoundment
and recreation facilities are located or planned, should be left in their natural state where
adequate or improved to provide for the maintenance of water quality standards.
(L) Public Obligation.
(1) The approval of a site development plan or the installation of the improvements as required
in this article shall not obligate the County to accept improvements for maintenance, repair
or operation. Acceptance shall be subject to County and/or state regulations, where
applicable, concerning the acceptance of each type of improvement.
(2) No public easement or right-of-way or public dedication shown on any site development plan
shall be accepted for public use until such proposed dedication shall first be approved by the
Board and evidence of such approval shown on the instrument to be recorded.
Section III-6-6. Review.

(A) Site plans which conform to the standards and requirements of this Ordinance shall be approved
or modified by the Board or BZA following the recommendation of the Commission.
(B) Approval, modification and approval or disapproval of a site development plan by the Board or
BZA shall occur within 90 days of filing of the required documents in the office of the Zoning
Administrator unless abnormal circumstances exist, in which case the time may be extended by
action of the Board or BZA with the concurrence of the applicant. Approval, modification and
approval or disapproval of a site development plan by the Zoning Administrator, in the case of
permitted uses requiring a site plan, shall occur within 30 days of filing of the required document
in the office of the Zoning Administrator.
(C) Fees. A fee shall be paid for the examination and approval or disapproval of every site plan
submitted. The fee shall be payable, at the time of filing, to the Treasurer of Rappahannock
County in the amount required by a fee schedule adopted by the Board by resolution.
Section III-6-7. Amendment of Site Plans.

(A) No change, revision or erasure shall be made on any pending or final site plan or on any
accompanying data sheet where approval has been endorsed on the plat or sheet unless
authorization for such change is granted, in writing, by the Board.
(B) Any site plan may be revised, provided a request for revision shall be filed and processed in the
same manner as the original site plan.

Section III-6-8. Compliance with Approved Site Plan Required.
(A) One set of approved plans, profiles and specifications shall be at the site at all times when work
is being performed.
(B) County and state agencies responsible for the supervision and enforcement of this Article should
periodically inspect the site during the period of construction.
(C) Upon completion of all required improvements shown on the approved site plan, the developer
shall submit to the Administrator three copies of the completed as-built site plan or building
location plant, certified by an engineer, architect or surveyor. The as-built site plan shall be
submitted at least one week prior to the anticipated occupancy of any building for review and
approval by the Zoning Administrator for conformity with the approved site plan and the
ordinances and the regulations of Rappahannock County and state agencies. This requirement
may be waived by the Zoning Administrator in cases in which no public facilities are required or
where all public facilities are accepted by the agency which will operate the same and where no
further useful purpose would be served by preparation of as-built site plans.
(D) Upon compliance with the terms of this Article and the satisfactory completion of construction,
the Administrator shall prepare a certificate of approval. Certificates of approval, upon ratification
by the Board, shall release all bonds which may have been furnished.
Section III-6-9. Period of Validity.

Approval of a site plan pursuant to this article shall expire 12 months after the date of approval unless
building permits have been obtained for construction. Extensions may be granted upon written request
by the applicant to the Board prior to the lapse of approval and all bond and surety agreements.
Section III-6-10. Waiver of Requirements.

Any submission requirement of this article may be waived by the Board where the applicant establishes
that an undue hardship would be created by the strict enforcement of this article, provided that such
a waiver, as requested, shall not be adverse to the purpose of this article.
Division 7. Zoning Permits.

(A) Permit required. No principal or accessory structure(s) or use permissible by right, by special
permit or special exception shall be constructed or excavation or grading thereof begun before
the issuance of a zoning permit by the Zoning Administrator. No building permit shall be issued
prior to the issuance of a zoning permit. (Permitted uses not requiring site improvements or
Health Department approval shall not require a zoning permit.)
(B) Structures not exceeding 100 square feet. Notwithstanding the foregoing, no zoning permit shall
be required for any lawful structure not exceeding 100 square feet in floor area and where the
value of construction does not require a building permit.
(C) Structures in violation. No zoning permit shall be issued where it appears that the structure to be
constructed or the use contemplated would be in violation of the provisions of this Ordinance or
any other applicable law, ordinance or regulation. The issuance of such zoning permit, however,

shall not afford protection of any owner who is found to be violating this or any other applicable
law, ordinance or regulation.

(A) Forms and information required. An application for a zoning permit shall be made to the Zoning
Administrator on forms to be provided him. The Zoning Administrator shall require and be
furnished with all plans and documents as may be required to determine whether the proposed
structure, use and facilities will be in compliance with the provisions of this Ordinance. Each
application for a zoning permit shall be accompanied by the following items or as much thereof
as the Zoning Administrator may require as being pertinent:
(1) Certificate from the Health Officer that the proposed location meets the requirements of the
Health Department from the standpoint of water supply and sewage disposal or, where a
public water and/or sewerage system is involved, a statement from the Water and Sanitation
Authority that all applicable regulations and requirements have been complied with.
(2) A grading permit if required.
(3) The intended use.
(4) If a dwelling, the number of families it will house.
(5) A plot plan, signed by the applicant, drawn to scale, showing dimensions of the structure with
respect to property lines and public highways; provided, however, that no plot pan shall be
required for any dwelling no part of which is located within 100 feet of any property line or
right-of-way of any public highway.
(6) An entrance permit, if required by the VDOT regulations.
(B) Certificate. Whenever a zoning permit is issued, the Zoning Administrator shall also furnish the
applicant with a certificate indicating that said zoning permit has been issued and is valid for the
period stipulated therein. The applicant shall thereupon deliver said certificate to the Building
Inspector when a building permit is required. The certificate shall be posted as per directions on
the certificate.
(C) Fees. If it appears that the proposed structure and use of land or structure is in conformity with
the provisions of this Ordinance, a zoning permit shall be issued to the applicant by the Zoning
Administrator upon payment of the required fee therefor. No fee shall be required for a zoning
permit issued in conjunction with an approved site plan.
Section III-7-3. Period of Validity.

Time limits. Any zoning permit issued shall become invalid if the authorized work is not commenced
within six months of the date of issuance or is suspended or abandoned for a period of six months;
provided that the Zoning Administrator may, upon good cause shown, extend a permit without charges
for an additional period not exceeding six months.

Division 8. Zoning Determinations.
Reserved

Reserved
Division 9. Appeals.
Section III-9-1. Appeals of Zoning Administrator Determinations and Decisions.
(A) An appeal to the Board of Zoning Appeals may be taken by any person aggrieved or by any officer,
department, board or bureau of Rappahannock County affected by any decision of the Zoning
Administrator or from any order, requirement, decision or determination made by any other
administrative officer in the administration or enforcement of Title 15.2, Chapter 22, Article 7, of
the Code of Virginia (§ 15.2-2200 et seq.), or of this Chapter 170 of the Rappahannock County
Code, or of any modification of zoning requirements made by the Zoning Administrator pursuant
to Code of Virginia, § 15.2-2286(4).
(B) An appeal on any decision of the Zoning Administrator may be taken to the BZA as provided for
in this article. The Zoning violation or written order shall include the applicable appeal fee and a
reference to where additional information may be obtained regarding the filing of an appeal
Section III-9-2. Appeals to BZA Procedure

(A) The provisions of § 15.2-2311 and 15.2-2312 of the Code of Virginia shall apply to all such appeals.
(B) The Board of Zoning Appeals shall consider such appeals in accordance with Article II,
Administration, of this Ordinance.
Section III-9-3. Appeals of BZA, PC, or BOS.

Reserved
Section III-9-4. Construction in Violation of Ordinance Without Appeal to BZA.

Reserved
Section III-9-5. Stay of Proceedings.

Reserved
Division 10. Public Hearings.

Section III-10-1. Public Hearing Required.
(A) Conduct of public hearings. All public hearings as required by this Ordinance shall be conducted
in accordance with the following provisions:

(1) No public hearing shall be held unless the required notice has been given in accordance with
the provisions of Section III-10-2, Advertisement and Mailings.
(2) All hearings shall be open to the public. Any person may appear and testify at such hearing,
either in person or by an authorized agent or agency.
(3) The hearing body shall establish general rules and procedures for the conduct of hearings.
(4) The term “continued” means a hearing is rescheduled to a later date without having been
commenced. The term “recessed” refers to a hearing which has been commenced and is then
scheduled to a later time and place for completion. A hearing is commenced when it is opened
for public comment by the Chairman. If a hearing is continued to a date in excess of 60 days,
notice shall be given for such continued hearing in accordance with the provisions of Section
III-10-2, Advertisement and Mailings. If a hearing is concluded but action is deferred until a
future date, no further notice shall be required prior to action being taken. If a hearing is
commenced but cannot be completed for any reason, the hearing may be recessed to be
resumed at another time and place without the necessity for any further notice, provided the
next time and place is announced when the hearing is recessed.
(5) Joint public hearings may be held after public notice as set forth in Section III-10-2,
Advertisement and Mailings.
(6) An action may be reconsidered only upon motion of a member voting with the prevailing side
on the original vote, which motion shall be made at the same or immediately subsequent
regular meeting. Action on a question pending reconsideration shall be taken only following
notice as required by Section III-10-2, Advertisement and Mailings unless such action is taken
at the same meeting as the original action.
Section III-10-2. Advertisement and Mailings.

Notice for public hearings shall be in accordance with § 15.2-2204 of the Code of Virginia. The Zoning
Administrator may give such additional notice as they deem appropriate or require the applicant to
give the notice required by § 15.2-2204. When notice by mail is given, the person giving notice may
rely on the Rappahannock County Tax Map and real estate tax records.
Section III-10-3. Posting Notice on Property.

Reserved
Section III-10-4. Waiver of Notice.

Reserved

ARTICLE IV – Zoning Districts.

Division 1. Establishment and Purpose.
Section IV-1-1. Establishment.
For the purpose of this Ordinance, the following zoning districts and groups of zoning districts are
established:
Table IV-1. Primary Zoning Districts

District Abbreviation
Resource Preservation Zoning Districts
Conservation District C
Agriculture District A
Residential Zoning Districts
Residential Rural District RR-5
Residential District R-2
ARTICLE IV – Zoning Districts. | 37

Residential Village District RV
Mobile Home Park District MHP
Commercial Zoning Districts
Commercial Village District CV
Commercial General District CG
Commercial Highway District HC
Industrial Zoning Districts
Industrial District I
Section IV-1-2. References to District Names.

Reserved
Section IV-1-3. Purpose and Intent of Districts.

(A) These districts are established to promote the orderly development of the several areas in a
manner consistent with the use for which they are best suited. The regulations are related to the
district which they affect and are designed to serve the welfare of those who own and/or occupy
land in those districts. In the delineation of these districts, careful consideration is given to the
predominant use and character, physical limitations, accessibility, the ability of the County to
provide public services and any environmental consequences of the various uses. The regulations
represent an effort to balance property rights and the health, safety and general welfare of all
citizens.
(1) The Conservation District contains those mountains which are environmentally sensitive, have
physical limitations and contain much of the County's timber resources. The regulations are
designed with emphasis on the conservation of those areas to minimize the potential adverse
environmental impact while providing for compatible very low-density residential uses.
(2) The Agriculture District generally contains those areas where agriculture and forestry are the
predominant uses or where significant agricultural lands or larger lot farmette-type residential
developments exist. The regulations are designed to assist in the protection and preservation
of the agricultural uses and to mitigate land use conflicts between agricultural uses and
appropriately limited residential development.
(3) The Rural Residential District reflects the existence of rural residential development and/or
those areas where agriculture and forestal activity are not the predominant uses and the soils
and lot sizes are not generally suited for the same.
(4) The Residential District reflects those areas where small lots exist and those areas around the
village where such lots would be in keeping with the existing character and provide for some
expansion of the village.
(5) The Residential Village District reflects the existence of small communities which historically
have provided social and economic services to the rural areas. The regulations are designed

to recognize the mixed-use character of the village, encourage its rural service functions and
to provide for appropriate expansion of the village while maintaining its rural qualities. In
addition to allowing home occupations as a right, this district can accommodate cottage
industries where appropriate.
(6) The Mobile Home Park District is designed to allow parks for the location of mobile homes as
defined herein.
(7) The Commercial Village District is designed to allow commercial activities appropriate to the
needs of the villages, recognizing the rural service function of such communities.
(8) The Commercial General District is designed to allow for general commercial uses in which
establishments are automobile-oriented or are freestanding-type businesses of a large nature.
In general, primary highway access should be a prerequisite.
(9) The Highway Commercial District is designed to allow commercial activities generally serving
the needs of tourists to the area and is limited to the existing concentration of establishments
along Route 211 from Sperryville to the Shenandoah Park boundary.
(10) The Industrial District is designed to provide for industrial uses to strengthen the economic
base and provide local employment opportunities. Proximity to a primary highway should be
the norm.
Division 2. General District Standards.

Section IV-2-1. General.
(A) Except as may be qualified by the provisions of this Ordinance, no structure or part thereof shall
hereafter be built or moved on a lot which does not meet all of the minimum bulk regulations
presented for the zoning district in which the structure is located.
(B) In this Ordinance, bulk regulations are expressed in terms of:
(1) Maximum building heights.
(2) Minimum yard requirements.
(3) Maximum lot coverage.
Section IV-2-2. Height.

Maximum building height shall be as specified for a given zoning district to all structures located in the
zoning district except those structures/appurtenances presented in Section IV-7-1, Height Exemptions,
unless a lower maximum height is established for a given use elsewhere in this Ordinance. Maximum
building height shall be determined in accordance with the definition of building height set forth in
Article X, Definitions.
Section IV-2-3. Lots and Setbacks.

(A) Except as may be qualified by the provisions of this Ordinance, no structure or part thereof shall
hereafter be built or moved on a lot which does not meet all of the minimum lot size requirements
presented for the zoning district in which the structure is located; and no structure or land shall

hereafter be used, occupied or arranged for use on a lot which does not meet all of the minimum
lot size requirements for the zoning district in which such structure or land is located. In this
Ordinance, lot size requirements are expressed in terms of minimum lot width and minimum lot
area.
(B) Minimum yard requirements shall be as specified for a given zoning district except as may be
qualified by the provisions of Section IV-7-2, Yard Encroachments, of this Article. The yard
requirements shall apply to all buildings and structures as they relate to the lot lines, public
streets and to other buildings, but shall not apply to individual units in single-family attached
dwellings.
(C) Setbacks from streets shall be measured from the center line of such street as it exists at the time
of issuance of the zoning permit. However, when a right-of-way plan for such a street (existing or
planned) has been recommended by the Virginia Department of Transportation and approved by
resolution of the Board of Supervisors, setbacks shall be measured from the center line of the
planned road. (On Route 211, the center line of the nearest lane, existing or planned, shall be
used for setback determination.)
(D) Frontage or approved access required. Each lot created subsequent to the adoption of this
Ordinance shall have frontage on a public street or on a private street authorized by the
provisions contained in Article VIII, Community Design. Said frontage shall be at least equal to the
required minimum lot width as shown in this Article and shall be measured at the required
setback line.
Section IV-2-4. Density.

(A) The maximum density specified for a given zoning district shall not be exceeded except as
specifically qualified elsewhere in this Ordinance. Maximum density shall be expressed in number
of dwelling units.
(B) Maximum density shall be calculated on the gross area of the lot, except that:
(1) No density allowance shall be calculated for any area of a lot in an existing street right-of-way.
(2) Only thirty-percent density allowance shall be calculated on that area of a lot comprised of
floodplain, quarries, existing water bodies larger than two acres and slopes in excess of
twenty-five-percent grade.
(3) In all districts except the Conservation and Agricultural Districts, only fifty-percent density
allowance shall be calculated on that area of a lot comprised of slopes in excess of fourteen-
percent grade but equal to or less than twenty-five-percent grade. No such density reduction
shall be made for the Conservation or Agricultural District.
Section IV-2-5. Open Space.

(A) The open space requirements presented for a given zoning district shall be considered as a
minimum, and such open space shall be located on the same lot as the primary use or structure,
except as specifically provided otherwise in this Ordinance. Open space requirements shall be
expressed as a percentage of the gross area of the lot. No part of the open space in any
development shall be subsequently reduced below the minimum requirements of this Ordinance.

(B) The computation of open space areas shall be based on the following rules:
(1) In cases where the balance of land not contained in lots and streets is needed by the County
for school sites, parks, recreational areas or stream valleys and such land is suitable in location,
size, shape, condition and topography for such purposes, then such land shall be deeded to
the County for such purposes. Such land shall be referred to as “dedicated open space” and
shall be given full credit in satisfying the open space requirements for a given district.
(2) In cases where the balance of land not contained in lots and streets is not needed by the
County for such purposes as set forth in this Section, then the County may approve such lands
or parts thereof to be conveyed to a nonprofit organization or to an individual as provided for
in this Section. Such land shall be referred to as “common open space” or “noncommon open
space,” respectively, and shall be given full credit in satisfying the open space requirements
for a given district.
(3) At least 20% of the area required to meet the open space requirements of a given district shall
be lands other than those lying in a floodplain. In subdivision approved for cluster
development, such lands outside the established floodplain shall be comprised of a contiguous
parcel not less than one acre in size having no dimensions less than 50 feet. In cases where
open space requirements exceed five acres, a minimum of three acres will be so located and
shall have dimensions and topography as to be open space usable for active recreation.
(4) Fifty percent of the area which lies within a major utility easement or right-of-way may be
calculated as open space, but only if the remaining rights of the easements or rights-of-way
are dedicated for recreational or open space use. In no instance, however, shall lands which
lie within a major utility easement or right-of-way represent more than 30% of the total land
area needed to satisfy the open space requirements for a given district. For the purpose of
this section, a major easement or right-of-way shall be located entirely outside a street right-
of-way.
(5) In no instance shall open space credit be given for lands which are included in or reserved for
the right-of-way of any street or for any public facility except as qualified above.
(6) In subdivisions requiring open space, such open space shall be used to establish a one-
hundred-foot buffer adjacent to Conservation Districts (C), Agriculture Districts (A), Rural
Residential Districts (RR-5), and Residential-Village Districts (RV). However, the Board of
Supervisors may modify this buffer requirement adjacent to Village districts during subdivision
approval, when it determines that the proposed development is architecturally compatible
with the Village.
(7) In the administration of these provisions, the Zoning Administrator shall have the authority to
determine whether lands qualify as open space and the authority to determine whether such
lands are dedicated open space, common open space or noncommon open space.
Division 3. Resource Preservation Districts Dimensional Standards.

Section IV-3-1. Resource Preservation District Standards.
Table IV-2. Resource Preservation District Standards
Zoning District
Type of Requirement Site Plan
C A
Maximum Density (dwelling units/acres)1 1/25 1/25
Minimum Lot Size (acres)
Conventional 5 2
Special Exception -- --
Minimum Lot Width (feet)
Conventional 500 400
Special Exception condition or family transfer 300 200
Minimum Front Yards, measured from center of street
or nearest lane of Route 211 (feet)4
Primary (Route 211) 200 200
Secondary 100 100
Private and all other roads 100 100
Minimum Side and Rear Yards, principal use (feet)
Residential or resource preservation district 100 50
Commercial or Industrial Zoning District adjoining a
-- --
commercial or industrial zoning district
-- --
residential or resource preservation zoning district
Maximum building height (feet) (See Section IV-7-1,
35 35
Height Exemptions, for exclusions.)
Minimum Open Space (%)
Stream Protection Overlay Districts5
NOTES:
1
For maximum density, see Section IV-2-4 and Section VII-1-2(A).
2
See also Section IV-7-3(B), Family Subdivisions.
3
Within a village front yard as shown or equal to a front yard of any existing structure within 100 feet of
either side of the property line.
4
Except in Footnote 3 above, in no case shall less than 20 feet be within the lot.
5
The Stream Protection Overlay Zone requirements shall apply for all development involving
subdivisions of three lots or more or for commercial development involving 10,000 square feet or
greater land disturbed in the indicated zoning districts.

Section IV-3-2. C Conservation District.
Reserved
Section IV-3-3. A Agriculture District

Reserved
Division 4. Residential Districts Dimensional Standards.

Section IV-4-1. Residential District Standards.
Except in the conservation and agricultural zoning districts, subdivision of land into less than twenty-
five-acre lots may be allowed (see other applicable provisions of this Ordinance and of Chapter 147,
Subdivision of Land) only where public road rights-of-way are 50 feet in width from the property to be
divided to a state primary highway.
Table IV-3. Residential District Standards

Zoning District
RR-5 R-2 RV MHP
Maximum Density (dwelling units/acres)1 1/5 1/2 1/1 2/1
Conventional 5 2 1 10
Special Exception -- 2 1 -- --
Conventional 300 200 100 --
Special Exception condition or family
-- -- -- --
transfer
Minimum Front Yards, measured from
center of street or nearest lane of Route
211 (feet)4
Primary (Route 211) 100 75 754 100
Secondary 75 50 50 75
Private and all other roads 75 50 50 --
Minimum Side and Rear Yards, principal use
(feet)
Residential or resource preservation
50 20 20 --
district
Commercial or Industrial Zoning District
adjoining a commercial or industrial zoning -- -- 0 --
district

adjoining a residential or resource -- -- -- --
preservation zoning district
Maximum building height (feet) (See
Section IV-7-1, Height Exemptions, for 35 35 35 20
exclusions.)
Minimum Open Space (%) 25 35 0 30
Stream Protection Overlay Districts5 X X X
NOTES:
1
2
3
4
5
Section IV-4-2. RR-5 Residential Rural District

Reserved
Section IV-4-3. R-2 Residential District.

Reserved
Section IV-4-4. RV Residential Village District.

In a village district where on an adjacent lot or lots within 300 feet on either side there exists buildings
with front yards less than the front yard requirements for the district, the ZA may authorize the erection
of a building(s) whose front yard does not meet minimum yard requirements, provided that it is not
less than the front yard of the nearest existing building(s).
Section IV-4-5. MHP Mobile Home Park District.

Reserved
Division 5. Commercial Districts Dimensional Standards.

Section IV-5-1. Commercial District Standards.
(A) For new residential uses in commercial zones, there shall be maintained a minimum ten-foot side
and rear yard setback for principal uses.

(B) Except in the conservation and agricultural zoning districts, subdivision of land into less than
twenty-five-acre lots may be allowed (see other applicable provisions of this Ordinance and of
Chapter 147, Subdivision of Land) only where public road rights-of-way are 50 feet in width from
the property to be divided to a state primary highway.
Table IV-4. Commercial District Standards

Zoning District
CV CG HC
Maximum Density (dwelling units/acres)1 -- -- --
Conventional 1 1 1
Special Exception -- -- -- --
Conventional 50 150 150
Special Exception condition or family transfer -- -- --
Minimum Front Yards, measured from center
of street or nearest lane of Route 211 (feet)4
Primary (Route 211) 504 75 75
Secondary 50 50 50
Private and all other roads -- -- --
Minimum Side and Rear Yards, principal use
(feet)
Residential or resource preservation district -- -- --
adjoining a commercial or industrial zoning 0 12 25
district
adjoining a residential or resource 15 25 25
preservation zoning district
Maximum building height (feet) (See Section
35 50 50
IV-7-1, Height Exemptions, for exclusions.)
Minimum Open Space (%) -- -- --
Stream Protection Overlay Districts5 X X X
NOTES:
1
2

Zoning District
CV CG HC
3
4
5
Section IV-5-2. CV Commercial Village District.

In a village district where on an adjacent lot or lots within 300 feet on either side there exists buildings
with front yards less than the front yard requirements for the district, the ZA may authorize the erection
of a building(s) whose front yard does not meet minimum yard requirements, provided that it is not
less than the front yard of the nearest existing building(s).
Section IV-5-3. CG Commercial General District.

Reserved
Section IV-5-4. HC Commercial Highway District.

Reserved
Division 6. Industrial District Dimensional Standards.

Section IV-6-1. Industrial District Standards.
Except in the conservation and agricultural zoning districts, subdivision of land into less than twenty-
five-acre lots may be allowed (see other applicable provisions of this Ordinance and of Chapter 147,
Subdivision of Land) only where public road rights-of-way are 50 feet in width from the property to be
divided to a state primary highway.
Table IV- 5. Industrial District Standards

Zoning District
I
Maximum Density (dwelling units/acres)1 --
Conventional 2
Special Exception -- --
Conventional 150

Special Exception condition or family transfer --
Minimum Front Yards, measured from center of street or
nearest lane of Route 211 (feet)4
Primary (Route 211) 100
Secondary 75
Private and all other roads --
Minimum Side and Rear Yards, principal use (feet)
Residential or resource preservation district --
--
commercial or industrial zoning district
25
residential or resource preservation zoning district
Maximum building height (feet) (See Section IV-7-1, Height
60
Exemptions, for exclusions.)
Minimum Open Space (%) --
Stream Protection Overlay Districts5 X
NOTES:
1
2
3
4
5
Section IV-6-2. I Industrial District.

Reserved
Division 7. Exemptions, Encroachments, and Additional Standards.

Section IV-7-1. Height Exemptions.
(A) The height limitations of this Ordinance shall not apply to barns, silos, residential chimneys,
spires, cupolas, elevator penthouses, domes, flagpoles, birdhouses, flues, monuments, radio
towers, television antennae or aerials, water towers, water tanks, transmission towers and
cables, smokestacks, air-conditioning units or other similar roof structures and mechanical
appurtenances, provided that:

(1) No such structure when located on a building roof shall occupy an area greater than 25% of
the total roof area.
(2) No such structure shall be used for any purpose other than a use incidental to the main use
of the building.
(3) Any antenna located in a district permitting residences shall be limited to a height that is equal
to or less than the distance from the base of the antenna to the closest property line.
Section IV-7-2. Yard Encroachments.

(A) The following features and no other may extend into required minimum yard areas, but only as
qualified below. In those developments where yard requirements are determined by a specified
distance between buildings, this regulation shall likewise apply, and a perpendicular line drawn
through the midpoint of the shortest line that can be drawn between the two buildings shall be
employed as the lot line.
(1) Cornices, canopies, awnings, eaves or other such similar features, all of which are at least 10
feet above grade, may extend three feet into any required yard but not nearer to any lot line
than a distance of two feet. This provision shall not apply to permanent canopies over gasoline
pump islands which have supports located on the pump island. Such canopies may extend into
minimum required front yards, provided that they do not overhang travel lanes or, if no travel
lanes exist, they shall not be located closer than 22 feet from the right-of-way line.
(2) Sills, headers, belt courses and similar ornamental features may extend 12 inches into any
required yard.
(3) Open fire balconies, fire escapes and fire towers may extend five feet into any required yard.
(4) Bay windows, oriels, balconies and chimneys not more than 10 feet in width may extend three
feet into any required front or side yard, 10 feet into any required rear yard, but not nearer
to any lot line than a distance of 15 feet. Structures greater than 10 feet in width must meet
setback and side yard requirements.
(5) Any unroofed and completely unenclosed patio or terrace, with its floor no higher than that
of the entrance to the building, may extend six feet into any required yard. An open-work
railing or wall which contains at least 50% of open area in a generally distributed manner, not
over four feet in height, may be erected around such patio or terrace.
(6) Any outside stairway, unenclosed above and below its steps, may extend four feet into any
required side or rear yard, but not nearer to any side lot than a distance of six feet.
(B) The following structures shall be exempt from the minimum yard requirements as set forth in this
Ordinance: telephone booths and pedestals, underground utility equipment, mailboxes or any
similar structure or equipment which, in the opinion of the Zoning Administrator, is obviously
intended to be located in the public interest. For structures or equipment with a footprint in
excess of 10 square feet, the Zoning Administrator (ZA) shall grant the exemption only after a
positive finding, in writing, that the proposed structure or facility will not impair vision from
vehicles and is suitably landscaped or screened to minimize the visual impact.

Section IV-7-3. Additional Standards.
(A) Clustering. Clustering of structures on lots within a subdivision to meet open space requirements
may be encouraged by the Zoning Administrator.
(B) Family Subdivisions.
(1) A family transfer is also exempted from the density limitations contained in this Article,
provided that:
(i) The transfer is for the purpose of present or future residency of the family member.
(ii) The lot to be transferred has a reasonable right-of-way existing or to be created of not
less than 10 feet nor more than 20 feet to a dedicated, recorded street or to an existing
right-of-way not greater than 25 feet.
(iii) The total family transfers and subdivided lots from the parcel of record prior to 1962 shall
not exceed five, except that a sixth lot may be created by special exception from the Board
of Supervisors, after review by the Planning Commission, upon an affirmative finding of
the following standards:
(a) That a strict application of this Ordinance would produce substantial injustice or
hardship.
(b) That such substantial injustice or hardship is not shared generally by other properties
from the same parent tract.
(c) That the authorization of such variance shall not be of substantial detriment to
adjacent property and shall be in keeping with that density which currently exists on
other tracts of land deriving from the original parent tract of 1962.
(iv) No more than one such family division shall be allowed to each lot, parcel or tract of land
in any one calendar year unless the parcel to be divided represents a single holding from
the parcel of record of 1962 (i.e., there are no other owners of a portion of the parent
tract).
(v) Notice shall be mailed to adjacent property owners of the approval of the lot.
(vi) No property owner shall qualify for a family subdivision unless and until they shall have
owned the property for a period of not less than five years.
(vii) Property may not be divided between joint owners or their heirs, if more than one person
(i.e., a surviving spouse and children may not divide an inherited property through the
application of this section), nor shall corporations or partnerships qualify.
(2) "Family," for the purposes of this section, shall be a parent, child or, in the event of a divorce
action where division of property is a part of the settlement, spouse, following the issuance
of a final divorce decree.
(3) The recipient of a lot created under the terms of this section shall not convey the property to
any other person or persons for a period of not less than two years, except for purposes of
financing improvements to the lot created.

ARTICLE V – Overlay Zoning Districts.

Division 1. Establishment and Purpose.
Section V-1-1. Purpose and Intent.
(A) For the purpose of this Ordinance, the following overlay districts are established:
Table V-1. Overlay Zoning Districts

Overlay District Abbreviation
Floodplain District FP
General Commercial Overlay GCO
Stream Protection Overlay SPO
(B) Overlay districts, as presented in this Article, are created for the purpose of imposing special
regulations in designated areas of the County to accomplish stated purposes that are set forth
for each overlay district. Overlay districts shall be in addition to and shall overlap and overlay all
other zoning districts within which lands placed in each district also lie, so that any parcel of land
lying in an overlay district shall also lie in one or more of the other underlying zoning districts
provided for by this Ordinance.
Section V-1-2. Establishment.

In general, overlay districts and amendments thereto shall be established in the same manner and by
the same procedures set forth for other zoning districts provided for by this Ordinance, unless such
procedures are qualified by the provisions of a particular overlay district as set forth herein.
ARTICLE V – Overlay Zoning Districts. | 50

Division 2. Design Criteria.1
Section V-2-1. Sanitary Sewer Facilities.
All new or replacement sanitary sewer facilities and private package sewage treatment plants (including
all pumping stations and collector systems) shall be designed to minimize or eliminate infiltration of
floodwaters into the systems and discharges from the systems into the floodwaters. In addition, they
should be located and constructed to minimize or eliminate flood damage and impairment.
Section V-2-2. Water Facilities.

All new or replacement water facilities shall be designed to minimize or eliminate infiltration of
floodwaters into the system and be located and constructed to minimize or eliminate flood damages.
Section V-2-3. Drainage Facilities.

All storm drainage structures and/or facilities shall be designed in accordance with Chapter 145,
Stormwater Management, of the Rappahannock County Code.
Section V-2-4. Utilities.

All utilities, such as gas lines, electrical and telephone systems, being placed in flood-prone areas should
be located, elevated where possible and constructed to minimize the chance of impairment during a
flooding occurrence.
Section V-2-5. Streets and Sidewalks.

Streets and sidewalks should be designed to minimize their potential for increasing and aggravating
the levels of flood flow. Drainage openings shall be required to sufficiently discharge flood flows
without unduly increasing flood heights.
Division 3. FP Floodplain District Standards.

Section V-3-1. Purpose.
(A) The purpose of this section is to prevent the loss of life, health, or property, the creation of health
and safety hazards, the disruption of commerce and governmental services, the extraordinary
and unnecessary expenditure of public funds for flood protection and relief and the impairment
of the tax base by:
(1) Regulating uses, activities, and development which, alone or in combination with other
existing or future uses, activities, and development, will cause unacceptable increases in flood
heights, velocities, and frequencies;
(2) Restricting or prohibiting certain uses, activities, and development from locating within
districts subject to flooding;
1
Editor’s Note: This was the designated location according to the Table of Contents Crosswalk previously completed.
Does the criteria in this Division apply to the County as a whole or only to overlay districts?

(3) Requiring all those uses, activities, and developments that do occur in flood-prone districts to
be protected and/or floodproofed against flooding and flood damage; and
(4) Protecting individuals from buying land and structures which are unsuited for intended
purposes because of flood hazards.
(i) The provisions of this section shall be interpreted, applied and administered so to allow
land within the County to qualify under the National Flood Insurance Program, 42 U.S.C.
§ 4011 et seq., in order that property owners within the County are able to purchase flood
insurance.
(B) Statutory authorization and purpose [44 CFR 59.22(a)(2)].
(1) This section is adopted pursuant to the authority granted to localities by the Code of Virginia,
§§ 15.2-2280, 15.2-2283, 15.2-2284 and 15.2-2285.
(2) All references herein to the "County" refer to the County of Rappahannock, Virginia.
References to "this section" refer to Division 3, FP Floodplain District Standards, of this
Article of the Rappahannock County Zoning Ordinance, which hereinafter may be referred to
as the "County Floodplain Ordinance."
Section V-3-2. Applicability.

These provisions shall apply to all privately and publicly owned lands within the jurisdiction of the
County and identified as areas of special flood hazard shown on the FIRM or included in the FIS that
are provided to the County by FEMA.
Section V-3-3. General Provisions.

(A) Notwithstanding any other provisions of this Ordinance, no dwelling shall be located closer than
25 feet in horizontal distance to the edge of a floodplain boundary.
(B) Acronyms used herein are as follows:
CFR =(A)
Code of Federal Regulations
LOMC(B)
= Letter of Map Change
LOMA(C)
= Letter of Map Amendment
LOMR(D)
= Letter of Map Revision
CLOMR
(E)= Conditional Letter of Map Revision
USBC (F)
= Virginia Uniform Statewide Building Code
FEMA(G)
= Federal Emergency Management Agency
FIRM (H)
= Flood Insurance Rate Map
SFHA (I)
= Special Flood Hazard Area

FIS = Flood
(J) Insurance Study
USC =(K)
United States Code
VADEQ
(L)= Virginia Department of Environmental Quality
USACE(M)
= U.S. Army Corps of Engineers
NFIP =(N)
National Flood Insurance Program
BFE = (O)
Base Flood Elevation
Section V-3-4. Compliance and Liability.

(A) No land shall hereafter be developed and no structure shall be located, relocated, constructed,
reconstructed, enlarged, or structurally altered except in full compliance with the terms and
provisions of this section and any other applicable sections and regulations which apply to uses
within the jurisdiction of the County.
(B) The degree of flood protection sought by the provisions of this section is considered reasonable
for regulatory purposes and is based on acceptable engineering methods of study, but does not
imply total flood protection. Larger floods may occur on rare occasions. Flood heights may be
increased by man-made or natural causes, such as ice jams and bridge openings restricted by
debris. This section does not imply that districts outside the floodplain district or land uses
permitted within such district will be free from flooding or flood damages.
(C) This section shall not create liability on the part of the County or any officer or employee thereof
for any flood damages that result from reliance on this section or any administrative decision
lawfully made thereunder.
(D) Records. [44 CFR 59.22(a)(9)(iii)].
(1) Records of actions associated with administering this section shall be kept on file and
maintained by the Floodplain Administrator in perpetuity.
(E) Abrogation and Greater Restrictions [44 CFR 60.1(b)].
(1) To the extent that the provisions are more restrictive, this section supersedes any ordinance
currently in effect in flood-prone districts. To the extent that any other existing law or
regulation is more restrictive or does not conflict, it shall remain in full force and effect. This
section is not intended to repeal or abrogate any existing ordinances, including subdivision
regulations, zoning ordinances, or building codes. In the event of a conflict between this
section and any other ordinance, the more restrictive shall govern.
(F) Severability.
(1) If any subsection, paragraph, sentence, clause, or phrase of this section shall be declared
invalid for any reason whatever, such decision shall not affect the remaining portions of this
section. The remaining portions shall remain in full force and effect; and for this purpose, the
provisions of this section are hereby declared to be severable.

(G) Penalty for Violations [44 CFR 60.2(e)].
(1) Any person who fails to comply with any of the requirements or provisions of this section or
directions of the Floodplain Administrator or of any authorized employee of the County shall
be guilty of the appropriate violation and subject to the penalties thereof.
(2) The USBC addresses building code violations and the associated penalties in Section 104 and
Section 115. Violations and associated penalties for violation of this section are set forth in
Article II, Administration, of the Rappahannock County Zoning Ordinance.
(3) In addition to the above penalties, all other actions are hereby reserved, including an action
in equity for the proper enforcement of this section. The imposition of a fine or penalty for
any violation of, or noncompliance with, this section shall not excuse the violation or
noncompliance or permit it to continue; and all such persons shall be required to correct or
remedy such violations within a reasonable time. Any structure constructed, reconstructed,
enlarged, altered or relocated in noncompliance with this section may be declared by the
County to be a public nuisance and abatable as such. Flood insurance may be withheld from
structures constructed in violation of this section.
Section V-3-5. Administration.

(A) Designation of the Floodplain Administrator [44 CFR 59.22(b)]. The Rappahannock County Zoning
Administrator is hereby appointed to administer and implement these regulations and is referred
to herein as the Floodplain Administrator. The Floodplain Administrator may:
(1) Do the work themselves.
(2) Delegate duties and responsibilities set forth in these regulations to qualified technical
personnel, plan examiners, inspectors, and other employees.
(3) Enter into a written agreement or written contract with another community or private sector
entity to administer specific provisions of these regulations. Administration of any part of
these regulations by another entity shall not relieve the County of its responsibilities pursuant
to the participation requirements of the NFIP as set forth 44 CFR 59.22.
Section V-3-6. Duties and Responsibilities of the Floodplain Administrator. [44 CFR
60.3].
(A) The duties and responsibilities of the Floodplain Administrator shall include but are not limited
to:
(1) Review applications for permits to determine whether proposed activities will be located in
the SFHA.
(2) Interpret floodplain boundaries and provide available base flood elevation and flood hazard
information.
(3) Review applications to determine whether proposed activities will be reasonably safe from
flooding and require new construction and substantial improvements to meet the
requirements of these regulations.

(4) Review applications to determine whether all necessary permits have been obtained from the
federal, state or local agencies from which prior or concurrent approval is required; in
particular, permits from state agencies for any construction, reconstruction, repair, or
alteration of a dam, reservoir, or waterway obstruction (including bridges, culverts,
structures), any alteration of a watercourse, or any change of the course, current, or cross
section of a stream or body of water, including any change to the one-hundred-year frequency
floodplain of free-flowing nontidal waters of the state.
(5) Verify that applicants proposing an alteration of a watercourse have notified adjacent
communities, the Department of Conservation and Recreation (Division of Dam Safety and
Floodplain Management), and other appropriate agencies (VADEQ, USACE) and have
submitted copies of such notifications to FEMA.
(6) Approve applications and issue permits to develop in flood hazard areas if the provisions of
these regulations have been met, or disapprove applications if the provisions of these
regulations have not been met.
(7) Inspect or cause to be inspected buildings, structures, and other development for which
permits have been issued to determine compliance with these regulations or to determine if
noncompliance has occurred or violations have been committed.
(8) Review elevation certificates and require incomplete or deficient certificates to be corrected.
(9) Submit to FEMA, or require applicants to submit to FEMA, data and information necessary to
maintain FIRMs, including hydrologic and hydraulic engineering analyses prepared by or for
the County, within six months after such data and information becomes available if the
analyses indicate changes in base flood elevations.
(10) Maintain and permanently keep records that are necessary for the administration of these
regulations, including:
(i) Flood Insurance Studies, Flood Insurance Rate Maps (including historic studies and maps
and current effective studies and maps) and Letters of Map Change; and
(ii) Documentation supporting issuance and denial of permits, elevation certificates,
documentation of the elevation (in relation to the datum on the FIRM) to which structures
have been floodproofed, inspection records, other required design certifications,
variances, and records of enforcement actions taken to correct violations of these
regulations.
(11) Enforce the provisions of these regulations, investigate violations, issue notices of violations
or stop-work orders, and require permit holders to take corrective action.
(12) Advise the Board of Zoning Appeals regarding the intent of these regulations and, for each
application for a variance, prepare a staff report and recommendation.
(13) Administer the requirements related to proposed work on existing buildings:
(i) Make determinations as to whether buildings and structures that are located in flood
hazard areas and that are damaged by any cause have been substantially damaged.

(ii) Make reasonable efforts to notify owners of substantially damaged structures of the need
to obtain a permit to repair, rehabilitate, or reconstruct, and prohibit the noncompliant
repair of substantially damaged buildings except for temporary emergency protective
measures necessary to secure a property or stabilize a building or structure to prevent
additional damage.
(14) Undertake, as determined appropriate by the Floodplain Administrator due to the
circumstances, other actions which may include but are not limited to issuing press releases,
public service announcements, and other public information materials related to permit
requests and repair of damaged structures; coordinating with other federal, state, and local
agencies to assist with substantial damage determinations; providing owners of damaged
structures information related to the proper repair of damaged structures in special flood
hazard areas; and assisting property owners with documentation necessary to file claims for
increased cost of compliance coverage under NFIP flood insurance policies.
(15) Notify FEMA when the boundaries of the County have been modified and:
(i) Provide a map that clearly delineates the new boundaries or the new area for which the
authority to regulate pursuant to these regulations has either been assumed or
relinquished through annexation; and
(ii) If the FIRM for any annexed area includes special flood hazard areas that have flood zones
that have regulatory requirements that are not set forth in these regulations, prepare
amendments to these regulations to adopt the FIRM and appropriate requirements, and
submit the amendments to the governing body for adoption; such adoption shall take
place at the same time as or prior to the date of annexation and a copy of the amended
regulations shall be provided to Department of Conservation and Recreation (Division of
Dam Safety and Floodplain Management) and FEMA.
(16) Upon the request of FEMA, complete and submit a report concerning participation in the NFIP
which may request information regarding the number of buildings in the SFHA, number of
permits issued for development in the SFHA, and number of variances issued for development
in the SFHA.
(17) Take into account flood, mudslide and flood-related erosion hazards, to the extent that they
are known, in all official actions relating to land management and use throughout the entire
jurisdictional area of the community, whether or not those hazards have been specifically
delineated geographically (e.g., via mapping or surveying).
(18) Use and Interpretation of FIRMs [44 CFR 60.3]. The Floodplain Administrator shall make
interpretations, where needed, as to the exact location of special flood hazard areas,
floodplain boundaries, and floodway boundaries. The following shall apply to the use and
interpretation of FIRMs and data:
(i) Where field surveyed topography indicates that adjacent ground elevations:
(a) Are below the base flood elevation, even in areas not delineated as a SFHA on a FIRM,
the area shall be considered as SFHA and subject to the requirements of these
regulations;

(b) Are above the base flood elevation and the area is labelled as a SFHA on the FIRM, the
area shall be regulated as SFHA unless the applicant obtains a Letter of Map Change
that removes the area from the SFHA.
(ii) In FEMA-identified SFHAs where base flood elevation and floodway data have not been
identified and in areas where FEMA has not identified SFHAs, any other flood hazard data
available from a federal, state, or other source shall be reviewed and reasonably used.
(iii) Base flood elevations and designated floodway boundaries on FIRMs and in FISs shall take
precedence over base flood elevations and floodway boundaries by any other sources if
such sources show reduced floodway widths and/or lower base flood elevations.
(iv) Other sources of data shall be reasonably used if such sources show increased base flood
elevations and/or larger floodway areas than are shown on FIRMs and in FISs.
(v) If a Preliminary Flood Insurance Rate Map and/or a Preliminary Flood Insurance Study has
been provided by FEMA:
(a) Upon the issuance of a Letter of Final Determination by FEMA, the preliminary flood
hazard data shall be used and shall replace the flood hazard data previously provided
from FEMA for the purposes of administering these regulations.
(b) Prior to the issuance of a Letter of Final Determination by FEMA, the use of
preliminary flood hazard data shall be deemed the best available data pursuant to this
Division and used where no base flood elevations and/or floodway areas are provided
on the effective FIRM.
(c) Prior to issuance of a Letter of Final Determination by FEMA, the use of preliminary
flood hazard data is permitted where the preliminary base flood elevations or
floodway areas exceed the base flood elevations and/or designated floodway widths
in existing flood hazard data provided by FEMA. Such preliminary data may be subject
to change and/or appeal to FEMA.
(B) Jurisdictional boundary changes [44 CFR 59.22, 65.3].
(1) This section, or any successor Floodplain Overlay District in effect on the date of annexation,
shall remain in effect and shall be enforced by the municipality for all annexed areas until the
municipality adopts and enforces a law which meets the requirements for participation in the
National Flood Insurance Program. Municipalities with existing floodplain laws shall pass a
resolution acknowledging and accepting responsibility for enforcing floodplain standards prior
to annexation of any area containing identified flood hazards. If the FIRM for any annexed
area includes SFHAs that have flood zones that have regulatory requirements that are not set
forth in these regulations, prepare amendments to these regulations to adopt the FIRM and
appropriate requirements, and submit the amendments to the governing body for adoption;
such adoption shall take place at the same time as or prior to the date of annexation, and a
copy of the amended regulations shall be provided to Department of Conservation and
Recreation (Division of Dam Safety and Floodplain Management) and FEMA.
(2) In accordance with the Code of Federal Regulations, Title 44, Subpart (B), Section
59.22(a)(9)(v), all NFIP participating communities must notify FEMA, and, optionally, the State

Coordinating Office, in writing, whenever the boundaries of the County have been modified
by annexation or the County has otherwise assumed or no longer has authority to adopt and
enforce floodplain management regulations for a particular area.
(3) In order that all Flood Insurance Rate Maps accurately represent the community's boundaries,
a copy of a map of the community suitable for reproduction, clearly delineating the new
corporate limits or new area for which the community has assumed or relinquished floodplain
management regulatory authority, must be included with the notification.
(C) District Boundary Changes. The delineation of any of the Floodplain Districts may be revised by
the County where natural or man-made changes have occurred and/or where more detailed
studies have been conducted or undertaken by the USACE or other qualified agency, or an
individual documents the need for such change. However, prior to any such change, approval
must be obtained from the FEMA. A completed LOMR is a record of this approval.
(D) Interpretation of District Boundaries. Initial interpretations of the boundaries of the Floodplain
Overlay District shall be made by the Floodplain Administrator. Should a dispute arise concerning
the boundaries of any of the special flood hazard districts, the Board of Zoning Appeals shall make
the necessary determination. Any person aggrieved by such interpretation may appeal to the
Board of Zoning Appeals in accordance with Article II, Administration, and Article III, Permits and
Applications, of this Ordinance and shall be given a reasonable opportunity to present their case
to the Board of Supervisors and to submit their own technical evidence if they so desire.
(E) Submitting Technical Data (44 CFR 65.3). The County's base flood elevations may increase or
decrease resulting from physical changes affecting flooding conditions. As soon as practicable,
but not later than six months after the date such information becomes available, the County shall
notify the FEMA of the changes by submitting technical or scientific data. The County may submit
data via a LOMR. Such a submission is necessary so that upon confirmation of those physical
changes affecting flooding conditions, risk premium rates and floodplain management
requirements will be based upon current data.
(F) Letters of Map Revision (LOMR). When development in the floodplain will cause or causes a
change in the base flood elevation, the applicant, including state agencies, must notify FEMA by
applying for a CLOMR and then a LOMR. Example cases:
(1) Any development that causes a rise in the base flood elevations within the floodway.
(2) Any development occurring in Zones A1-30 and AE without a designated floodway, which will
cause a rise of more than one foot in the base flood elevation.
(3) Alteration or relocation of a stream (including but not limited to installing culverts and bridges)
[44 CFR 65.3 and 65.6(a)(12)].
(G) Establishment of zoning districts.
(1) Description of special flood hazard districts [44 CFR 59.1, 60.3].
(i) Basis of districts.
(a) The various special flood hazard districts shall include the SFHAs. The basis for the
delineation of these districts shall be the FIS and the FIRM for Rappahannock County,

Virginia, and incorporated areas, prepared by FEMA, dated February 26, 2021, and
any subsequent revisions or amendments thereto.
(b) The County may identify and regulate local flood hazard or ponding areas that are not
delineated on the FIRM. These areas may be delineated on a local flood hazard map
using best available topographic data and locally derived information such as flood of
record, historic high water marks or approximate study methodologies.
(c) The boundaries of the SFHA districts are established as shown on the FIRM which is
declared to be a part of this section and which shall be kept on file at the office of the
Floodplain Administrator.
(ii) The Floodway District is in an AE Zone and is delineated, for purposes of this section, using
the criterion that certain areas within the floodplain must be capable of carrying the
waters of the one-percent-annual-chance flood without increasing the water surface
elevation of that flood more than one foot at any point. The areas included in this district
are specifically defined in Table 24 of the above-referenced FIS and shown on the
accompanying FIRM. The following provisions shall apply within the Floodway District of
an AE zone [44 CFR 60.3(d)]:
(a) Within any floodway area, no encroachments, including fill, new construction,
substantial improvements, or other development shall be permitted unless it has
been demonstrated through hydrologic and hydraulic analysis performed in
accordance with standard engineering practice that the proposed encroachment will
not result in any increase in flood levels within the community during the occurrence
of the base flood discharge. Hydrologic and hydraulic analyses shall be undertaken
only by professional engineers or others of demonstrated qualifications, who shall
certify that the technical methods used correctly reflect currently accepted technical
concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail
to allow a thorough review by the Floodplain Administrator. Development activities
which increase the water surface elevation of the base flood may be allowed,
provided that the applicant first applies - with the County's endorsement - for a
CLOMR, and receives the approval of FEMA. If this provision is satisfied, all new
construction and substantial improvements shall comply with all applicable flood
hazard reduction provisions of Subsection H, District provisions, below.
(b) The placement of manufactured homes (mobile homes) is prohibited, except in an
existing manufactured home (mobile home) park or subdivision. A replacement
manufactured home may be placed on a lot in an existing manufactured home park
or subdivision, provided the anchoring, elevation, and encroachment standards are
met.
(iii) The AE or AH Zones on the FIRM accompanying the FIS shall be those areas for which one-
percent-annual-chance flood elevations have been provided and the floodway has not
been delineated. The following provisions shall apply within an AE or AH zone along rivers,
streams, and other watercourses where FEMA has provided base flood elevations; the
requirement does not apply along lakes, bays and estuaries, and the ocean coast [44 CFR
60.3(c)].

(a) Until a regulatory floodway is designated, no new construction, substantial
improvements, or other development (including fill) shall be permitted within the
areas of special flood hazard, designated as Zones A1-30 and AE or AH on the FIRM,
unless it is demonstrated that the cumulative effect of the proposed development,
when combined with all other existing and anticipated development, will not increase
the water surface elevation of the base flood more than one foot at any point within
the County.
(b) Development activities in Zones A1-30 and AE or AH on the County's FIRM which
increase the water surface elevation of the base flood by more than one foot may be
allowed, provided that the applicant first applies - with the County's endorsement -
for a CLOMR, and receives the approval of FEMA.
(iv) A Zone. The A Zone on the FIRM accompanying the FIS shall be those areas for which no
detailed flood profiles or elevations are provided, but the one-percent-annual-chance
floodplain boundary has been approximated. For these areas, the following provisions
shall apply [44 CFR 60.3(b)]:
(a) The Approximated Floodplain District shall be that floodplain area for which no
detailed flood profiles or elevations are provided, but where a one-hundred-year
floodplain boundary has been approximated. Such areas are shown as Zone A on the
maps accompanying the FIS. For these areas, the base flood elevations and floodway
information from federal, state, and other acceptable sources shall be used, when
available. Where the specific one-percent-annual-chance flood elevation cannot be
determined for this area using other sources of data, such as the USACE Floodplain
Information Reports, U.S. Geological Survey Flood-Prone Quadrangles, etc., then the
applicant for the proposed use, development and/or activity shall determine this base
flood elevation. For development proposed in the approximate floodplain, the
applicant must use technical methods that correctly reflect currently accepted
nondetailed technical concepts, such as point on boundary, high water marks, or
detailed methodologies hydrologic and hydraulic analyses. Studies, analyses,
computations, etc., shall be submitted in sufficient detail to allow a thorough review
by the Floodplain Administrator.
(b) The Floodplain Administrator reserves the right to require a hydrologic and hydraulic
analysis for any development. When such base flood elevation data is utilized, the
lowest floor shall be elevated to or above the base flood level plus 18 inches.
(c) During the permitting process, the Floodplain Administrator shall obtain:
1. The elevation of the lowest floor (in relation to the mean sea level), including the
basement, of all new and substantially improved structures; and
2. If the structure has been floodproofed in accordance with the requirements of
this section, the elevation (in relation to mean sea level) to which the structure
has been floodproofed.
(d) Base flood elevation data shall be obtained from other sources or developed using
detailed methodologies comparable to those contained in a FIS for subdivision

proposals and other proposed development proposals (including manufactured home
parks and subdivisions) that exceed 50 lots or five acres, whichever is the lesser.
(v) The AO Zone on the FIRM accompanying the FIS shall be those areas of shallow flooding
identified as AO on the FIRM. For these areas, the following provisions shall apply [44 CFR
60.3(c)]:
(a) All new construction and substantial improvements of residential structures shall
have the lowest floor, including basement, elevated to or above the flood depth
specified on the FIRM, above the highest adjacent grade, at least as high as the depth
number specified in feet on the FIRM. If no flood depth number is specified, the lowest
floor, including basement, shall be elevated no less than two feet above the highest
adjacent grade.
(b) All new construction and substantial improvements of nonresidential structures shall:
1. Have the lowest floor, including basement, elevated to or above the flood depth
specified on the FIRM, above the highest adjacent grade at least as high as the
depth number specified in feet on the FIRM. If no flood depth number is specified,
the lowest floor, including basement, shall be elevated at least two feet above the
highest adjacent grade; or
2. Together with attendant utility and sanitary facilities be completely floodproofed
to the specified flood level so that any space below that level is watertight with
walls substantially impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy.
(c) Adequate drainage paths around structures on slopes shall be provided to guide
floodwaters around and away from proposed structures.
(2) Overlay concept.
(i) The Floodplain Overlay District described herein shall be an overlay to the existing
underlying districts as shown on the County Zoning Map, and as such, the provisions for
the Floodplain Overlay District shall serve as a supplement to the underlying district
provisions.
(ii) If there is any conflict between the provisions or requirements of the Floodplain Overlay
District and those of any underlying Zoning District, the more restrictive provisions and/or
those pertaining to the floodplain districts shall apply.
(iii) In the event any provision concerning this Floodplain Overlay District is declared
inapplicable as a result of any legislative or administrative actions or judicial decision, the
basic underlying provisions shall remain applicable.
(H) District provisions. [44 CFR 59.22, 60.2, 60.3].
(1) Permit and application requirements.
(i) Permit requirement. All uses, activities, and development occurring within the Floodplain
Overlay District, including placement of manufactured homes, shall be undertaken only

upon the issuance of a zoning permit in accordance with Article III, Permits and
Applications, of this Ordinance. Such development shall be undertaken only in strict
compliance with the provisions of this section and with all other applicable laws such as
the USBC and the County subdivision laws. Prior to the issuance of any such permit, the
Floodplain Administrator shall require all applications to include compliance with all
applicable state and federal laws and shall review all sites to assure they are reasonably
safe from flooding. Under no circumstances shall any use, activity, and/or development
adversely affect the capacity of the channels or floodways of any watercourse, drainage
ditch, or any other drainage facility or system.
(ii) Site plans and permit applications. All applications for development within any floodplain
district and all building permits issued for the floodplain shall incorporate the following
information:
(a) The elevation of the base flood at the site.
(b) The elevation of the lowest floor (including basement).
(c) For structures to be floodproofed (nonresidential only), the elevation to which the
structure will be floodproofed.
(d) Topographic information showing existing and proposed ground elevations.
(2) General standards.
(i) The following provisions shall apply to all permits:
(a) New construction and substantial improvements shall be according to this section and
the USBC, and anchored to prevent flotation, collapse or lateral movement of the
structure.
(b) Manufactured homes shall be anchored to prevent flotation, collapse, or lateral
movement. Methods of anchoring may include, but are not limited to, use of over-
the-top or frame ties to ground anchors. This standard shall be in addition to and
consistent with applicable state anchoring requirements for resisting wind forces.
(c) New construction and substantial improvements shall be constructed with materials
and utility equipment resistant to flood damage.
(d) New construction or substantial improvements shall be constructed by methods and
practices that minimize flood damage.
(e) Electrical, heating, ventilation, plumbing, air-conditioning equipment and other
service facilities, including duct work, shall be designed and/or located so as to
prevent water from entering or accumulating within the components during
conditions of flooding.
(f) New and replacement water supply systems shall be designed to minimize or
eliminate infiltration of floodwaters into the system.

(g) New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of floodwaters into the systems and discharges from the systems
into floodwaters.
(h) On-site waste disposal systems shall be located and constructed to avoid impairment
to them or contamination from them during flooding.
(ii) In addition to provisions in Subsection (H)(2)(i)(a) through (h) above, in all special flood
hazard areas, the additional provisions shall apply:
(a) Prior to any proposed alteration or relocation of any channels or of any watercourse,
stream, etc., within this jurisdiction, a permit shall be obtained from the USACE, the
VADEQ, and the Virginia Marine Resources Commission. (A joint permit application is
available from any of these organizations.) Furthermore, in riverine areas, notification
of the proposal shall be given by the applicant to all affected adjacent jurisdictions,
the Department of Conservation and Recreation (Division of Dam Safety and
Floodplain Management), other required agencies, and FEMA.
(b) The flood-carrying capacity within an altered or relocated portion of any watercourse
shall be maintained.
(3) Elevation and construction standards [44 CFR 60.3]. In all identified flood hazard areas where
base flood elevations have been provided in the FIS or generated by a certified professional in
accordance with Subsection (G)(1)(iv), the following provisions shall apply:
(i) Residential construction. New construction or substantial improvement of any residential
structure (including manufactured homes) in Zones A1-30, AE, AH and A with detailed
base flood elevations shall have the lowest floor, including basement, elevated to or above
the base flood level plus 18 inches.
(ii) Nonresidential construction. New construction or substantial improvement of any
commercial, industrial, or nonresidential building (or manufactured home) shall have the
lowest floor, including basement, elevated to or above the base flood level plus 18 inches.
Nonresidential buildings located in all A1-30, AE, and AH Zones may be floodproofed in
lieu of being elevated, provided that all areas of the building components below the
elevation corresponding to the BFE plus one foot are watertight with walls substantially
impermeable to the passage of water, and use structural components having the
capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A
registered professional engineer or architect shall certify that the standards of this
subsection are satisfied. Such certification, including the specific elevation to which such
structures are floodproofed, shall be maintained by the Floodplain Administrator.
(iii) Space below the lowest floor. In Zones A, AE, AH, AO, and A1-A30, fully enclosed areas of
new construction or substantially improved structures which are below the regulatory
flood protection elevation shall:
(a) Not be designed or used for human habitation, but shall only be used for parking of
vehicles, building access, or limited storage of maintenance equipment used in
connection with the premises. Access to the enclosed area shall be the minimum
necessary to allow for parking of vehicles (garage door), or limited storage of

maintenance equipment (standard exterior door), or entry to the living area (stairway
or elevator).
(b) Be constructed entirely of flood-resistant materials below the regulatory flood
protection elevation.
(c) Include measures to automatically equalize hydrostatic flood forces on walls by
allowing for the entry and exit of floodwaters. To meet this requirement, the openings
must either be certified by a professional engineer or architect or meet the following
minimum design criteria:
1. Provide a minimum of two openings on different sides of each enclosed area
subject to flooding.
2. The total net area of all openings must be at least one square inch for each square
foot of enclosed area subject to flooding.
3. If a building has more than one enclosed area, each area must have openings to
allow floodwaters to automatically enter and exit.
4. The bottom of all required openings shall be no higher than one foot above the
adjacent grade.
5. Openings may be equipped with screens, louvers, or other opening coverings or
devices, provided they permit the automatic flow of floodwaters in both
directions.
6. Foundation enclosures made of flexible skirting are not considered enclosures for
regulatory purposes, and, therefore, do not require openings. Masonry or wood
underpinning, regardless of structural status, is considered an enclosure and
requires openings as outlined above.
(iv) Standards for manufactured homes and recreational vehicles.
(a) In Zones A, AE, AH, and AO, all manufactured homes placed, or substantially
improved, on individual lots or parcels must meet all the requirements for new
construction, including the elevation and anchoring requirements in
Subsection H(2) and (3).
(b) All recreational vehicles placed on sites within a SFHA must either:
1. Be on the site for fewer than 180 consecutive days, be fully licensed and ready for
highway use (A recreational vehicle is ready for highway use if it is on its wheels
or jacking system, is attached to the site only by quick-disconnect-type utilities
and security devices and has no permanently attached additions.); or
2. Meet all the requirements for manufactured homes in this Article.
(v) Accessory structures in the SFHA shall comply with the elevation requirements and other
requirements of Article IV, Zoning Districts, or, if not elevated or dry floodproofed, shall:
(a) Not be used for human habitation;
(b) Be limited to no more than 600 square feet in total floor area;

(c) Be usable only for parking of vehicles or limited storage;
(d) Be constructed with flood-damage-resistant materials below the base flood elevation;
(e) Be constructed and placed to offer the minimum resistance to the flow of
floodwaters;
(f) Be anchored to prevent flotation;
(g) Have electrical service and mechanical equipment elevated to or above the base flood
elevation;
(h) Be provided with flood openings which shall meet the following criteria:
1. There shall be a minimum of two flood openings on different sides of each
enclosed area; if a building has more than one enclosure below the lowest floor,
each such enclosure shall have flood openings on exterior walls.
2. The total net area of all flood openings shall be at least one square inch for each
square foot of enclosed area (nonengineered flood openings), or the flood
openings shall be engineered flood openings that are designed and certified by a
licensed professional engineer to automatically allow entry and exit of
floodwaters; the certification requirement may be satisfied by an individual
certification or an evaluation report issued by the ICC Evaluation Service, Inc.
3. The bottom of each flood opening shall be one foot or less above the higher of
the interior floor or grade, or the exterior grade, immediately below the opening.
4. Any louvers, screens or other covers for the flood openings shall allow the
automatic flow of floodwaters into and out of the enclosed area.
(4) Standards for subdivision proposals.
(i) All subdivision proposals shall be consistent with the need to minimize flood damage;
(ii) All subdivision proposals shall have public utilities and facilities such as sewer, gas,
electrical and water systems located and constructed to minimize flood damage;
(iii) All subdivision proposals shall have adequate drainage provided to reduce exposure to
flood hazards; and
(iv) Base flood elevation data shall be obtained from other sources or developed using
detailed methodologies, hydraulic and hydrologic analysis, comparable to those
contained in a Flood Insurance Study for subdivision proposals and other proposed
development proposals (including manufactured home parks and subdivisions) that
exceed 50 lots or five acres, whichever is the lesser.
(I) Existing structures in floodplain areas. Any structure or use of a structure or premises must be
brought into conformity with these provisions when it is changed, repaired, or improved unless
one of the following exceptions is established before the change is made:
(1) The Floodplain Manager has determined that:
(i) The change is not a substantial repair or substantial improvement; and

(ii) No new square footage is being built in the floodplain that is not compliant; and
(iii) No new square footage is being built in the floodway; and
(iv) The change complies with this section and the USBC.
(2) The changes are required to comply with a citation for a health or safety violation.
(3) The structure is a historic structure and the change required would impair the historic nature
of the structure.
(J) Variances [44 CFR 60.6].
(1) A variance to the provisions of this Article may be granted by the Board of Zoning Appeals
upon:
(i) Compliance with the application, notice, and procedural requirements of Article III,
Permits and Applications; and
(ii) Making the findings set forth in Article III, Permits and Applications; and
(iii) Compliance with the provisions of Section V-3-6 (J).
(2) In the event there is any conflict between the provisions of this Article and Article III, Permits
and Applications, the most restrictive provision shall control.
(3) Variances from this section shall be granted by the BZA only upon:
(i) A showing of good and sufficient cause; and
(ii) A determination that failure to grant the variance would result in exceptional hardship to
the applicant; and
(iii) A determination that the granting of such variance will not result in:
(a) Unacceptable or prohibited increases in flood heights;
(b) Additional threats to public safety;
(c) Extraordinary public expense;
(d) Creation of nuisances;
(e) Fraud or victimization of the public; or
(f) Conflict with local laws.
(4) While the granting of variances generally is limited to a lot size less than 1/2 acre, deviations
from that limitation may occur. However, as the lot size increases beyond 1/2 acre, the
technical justification required for issuing a variance increases. Variances may be issued by
the Board of Zoning Appeals for new construction and substantial improvements to be erected
on a lot of 1/2 acre or less in size, contiguous to and surrounded by lots with existing structures
constructed below the base flood level, in conformance with the provisions of this section.
(5) Variances may be issued for new construction and substantial improvements and for other
development necessary for the conduct of a functionally dependent use, provided that the
criteria of this section are met, and the structure or other development is protected by

methods that minimize flood damages during the base flood and create no additional threats
to public safety.
(6) In passing upon applications for variances, the Board of Zoning Appeals shall satisfy all relevant
factors and procedures specified above, and in Article III, Permits and Applications, of this
Ordinance, and consider the following additional factors:
(i) The danger to life and property due to increased flood heights or velocities caused by
encroachments. No variance shall be granted for any proposed use, development, or
activity within any Floodway District that will cause any increase in the one-percent-
chance flood elevation.
(ii) The danger that materials may be swept on to other lands or downstream to the injury of
others.
(iii) The proposed water supply and sanitation systems and the ability of these systems to
prevent disease, contamination, and unsanitary conditions.
(iv) The susceptibility of the proposed facility and its contents to flood damage and the effect
of such damage on the individual owners.
(v) The importance of the services provided by the proposed facility to the community.
(vi) The requirements of the facility for a waterfront location.
(vii) The availability of alternative locations not subject to flooding for the proposed use.
(viii) The compatibility of the proposed use with existing development and development
anticipated in the foreseeable future.
(ix) The relationship of the proposed use to the comprehensive plan and floodplain
management program for the area.
(x) The safety of access by ordinary and emergency vehicles to the property in time of flood.
(xi) The expected heights, velocity, duration, rate of rise, and sediment transport of the
floodwaters expected at the site.
(xii) The historic nature of a structure. Variances for repair or rehabilitation of historic
structures may be granted upon a determination that the proposed repair or
rehabilitation will not preclude the structure's continued designation as a historic
structure and the variance is the minimum necessary to preserve the historic character
and design of the structure.
(xiii) No variance shall be granted for an accessory structure exceeding 600 square feet.
(xiv) Such other factors which are relevant to the purposes of this section.
(7) The Board of Zoning Appeals may refer any application and accompanying documentation
pertaining to any request for a variance to any engineer or other qualified person or agency
for technical assistance in evaluating the proposed project in relation to flood heights and
velocities, and the adequacy of the plans for flood protection and other related matters.

(8) Variances shall be issued only after the Board of Zoning Appeals has determined that the
variance will be the minimum required to provide relief.
(9) The Board of Zoning Appeals shall notify the applicant for a variance, in writing, that the
issuance of a variance to construct a structure below the one-percent-chance flood elevation
increases the risks to life and property and will result in increased premium rates for flood
insurance.
(10) A record shall be maintained of the above notification as well as all variance actions, including
justification for the issuance of the variance. Any variances that are issued shall be noted in
the annual or biennial report submitted to FEMA.
Division 4. GCO General Commercial Overlay Standards.

The General Commercial Overlay District (GCO) is created for the purpose of providing guidelines
whereby the principal undeveloped commercial zone of the community may be safely and efficiently
developed for the betterment of the public health, safety and general welfare.
Section V-4-2. District Boundaries.

(A) The General Commercial Overlay District boundaries are delineated in accordance with a map
adopted by the Rappahannock County Board of Supervisors and made a part of the
Rappahannock County Comprehensive Plan. 2
(B) District boundary changes. The delineation of the boundaries may be revised by the Board of
Supervisors in the same manner and by the same procedures as set forth in (A) of this Section.
(C) Interpretation of district boundaries. The Zoning Administrator shall make the decision as to the
exact location of the GCO District line, using the best information available.
Section V-4-3. Permitted Uses.

All uses permitted in areas zoned General Commercial shall likewise be allowed in the GCO District.
Similarly, all uses allowed by special exception in the General Commercial Zone shall be allowed with a
special exception, in the GCO District.
Section V-4-4. Use Limitations.

(A) Setbacks. In the case of proposed commercial development, the designation of setback
dimensions provides for the creation of buffer zones which, when planted or bermed, help to
strengthen visual relationships between commercial development and adjacent public roadways
or unrelated uses such as agriculture. The setbacks for interior areas within the General
Commercial Overlay District would be determined by the current setback requirements of the
2
Editor's Note: The 2004 General Commercial Overlay District map is the official map delineating the boundaries of
the General Commercial Overlay District (GCO). The December 7, 2020, map adopted with the updated
Comprehensive Plan of the same date is not the official Overlay District map. To ascertain the boundaries of the GCO,
reference must be made to the 2004 Comprehensive Plan.

underlying zoning. These recommendations focus on the relationship of the General Commercial
Overlay District to adjacent noncommercial land areas (including public roads).
(B) Building Setbacks.
(1) All buildings shall have a one-hundred-foot minimum setback from the existing or proposed
right-of-way of United States (US) Route 21 1/522.
(2) All buildings shall have a seventy-five-foot minimum setback from adjacent non-General
Commercial Overlay Districts outside of the General Commercial Overlay District.
(3) All buildings shall have a fifty-foot minimum setback from existing or proposed private or
public road rights-of-way bordering the General Commercial Overlay District other than US
Route 21 1/522.
(C) Parking Setbacks.
(1) All parking, interior parcel access, drives and other vehicular-oriented improvements shall be
setback 40 feet from the existing or proposed right-of-way of US Route 21 1/522.
(2) All parking, interior parcel access, drives and other vehicular-oriented improvements shall
have a forty-foot minimum setback from adjacent non-General Commercial Overlay Districts
outside of the General Commercial Overlay District or from existing or proposed private or
public road rights-of-way bordering the overlay district other than US Route 21 1/522.
(D) Building Height. To create a harmonious environment along Rappahannock County's major
thoroughfares and to mitigate the potential negative visual impacts of any tall commercial
structure fronting on US Route 21 1/522, building heights shall be limited within areas adjacent
to US Route 21 1/522.
(1) In all areas within 500 feet of the North side of US Route 21 1/522, all buildings shall be limited
in height to 35 feet from grade.
(E) Utilities and Infrastructure. The installation and development of utilities and infrastructure,
including but not limited to water and sewage systems, electric power and communications
systems, and drainage and stormwater management systems shall be coordinated within the
General Commercial Overlay District and shall accommodate the location of required plantings,
as well as visual impacts mitigated through screening or subsurface locations. Underground
installation shall be required unless Rappahannock County determines that the same is not
practicable. Trash collection equipment and/or storage facilities should be screened from all
public roads.
(F) Plantings and Vegetative Screening. The screening of commercial development from non-General
Commercial Overlay Districts is required to mitigate the visual impact of commercial
development within rural areas. Screening of General Commercial Overlay Districts from
noncommercial development shall occur along the perimeter of the Rappahannock General
Commercial Overlay District along service areas and at parking. In addition to planting and
screening requirements indicated in this Ordinance, all parking, service, storage, loading and
other vehicular areas shall be screened from all adjacent non-General Commercial Overlay
Districts and all adjacent public and private roadways. In order to reduce heat generated by large
expanses of paved areas and to mitigate the visual impact of paved areas, shade trees shall be

planted in parking areas. The retention and preservation of existing wooded areas and existing
specimen trees shall be encouraged. The use of plant materials native to Rappahannock County
or the region is encouraged. Plantings which die within one year of installation shall be replaced.
(1) Perimeter Screening.
(i) Adjacent noncommercially zoned areas shall be screened from commercial development
by a planted buffer strip with a minimum width of 25 feet. The retention and preservation
of existing woodlands and specimen trees is encouraged.
(ii) The buffer zone shall be planted in a double staggered row of nursery-grown evergreen
trees.
(iii) Evergreen trees for screening shall be a minimum of three feet in height at the time of
planting with a maximum spacing between trees of 15 feet.
(2) Tree Plantings.
(i) All parking spaces shall be sited within 60 feet of preserved wooded areas/specimen trees
or a planted nursery-grown shade tree (three-inch caliper) and planted in a two-hundred-
square-foot minimum planting bed.
(ii) Along US Route 21 1/522, nursery-grown shade trees (three-inch caliper) shall be planted
in double staggered rows, with trees spaced 50 feet on center along each row.
(iii) Along public or private road rights-of-way, nursery-grown shade trees (three-inch caliper)
shall be required for every 50 feet of road frontage, or portion thereof, if 25 feet or more.
(3) Parking Screening.
(i) All parking, storage, loading and other vehicular areas shall be screened from all adjacent
non-General Commercial Overlay Districts and all adjacent public and private roadways
with a continuous strip of planted evergreen shrubs. Planted evergreen shrubs shall attain
a height of three feet in five years after planting.
(ii) Shrub plantings shall not be required wherever existing topography and/or proposed
grading provides for the screening of parking, storage, loading and other vehicular areas
from all adjacent non-General Commercial Overlay Districts and all adjacent public and
private roadways. When berming is proposed the slopes, shall be no steeper than three
to one (3:1) and the berming no higher than three feet.
(G) Resource protection.
(1) Landscaping. All proposed landscaped areas should employ low-impact development
techniques, such as bioretention facilities in place of landscaped islands.
(2) Proposed Grading. All proposed grading shall not exceed a slope of 3:1 whenever possible and
shall be protected from erosion utilizing an appropriate ground cover other than one requiring
mowing. The Zoning Administrator shall approve appropriate measures when a slope of 3:1 is
not achievable or impractical.
(H) Signage. The location, design, configuration, materials and color of all proposed signs and
associated structures (except temporary event, auction, trespass, political, and sale or rental signs

six square feet or less) located within 500 feet of the right-of-way of US Route 21 1/522 shall be
in character with the historic and scenic setting of Rappahannock County and shall not visually
dominate buildings or sites.
(1) Aggregate sign areas shall be reduced by one-half ( 1/2).
(2) Freestanding and projecting wall signs shall be limited to 10 feet above grade.
(3) One freestanding or projecting wall sign shall be allowed per parcel frontage and shall not be
located closer than 100 feet from the US Route 21 1/522 right-of-way.
(4) Signs shall be limited to 20 feet in height from finished grade to the upper edge of sign surface.
(I) Pedestrian Circulation. Barrier-free and universally accessible pedestrian linkages, including but
not limited to trails, paths or sidewalks, shall be provided between buildings and parking areas
and between parcels to create a continuous barrier-free pedestrian system serving the General
Commercial Overlay District.
Section V-4-5. Design Guidelines.

(A) Intent.
(1) The General Commercial Overlay District Design Guidelines have been established to promote
design quality and efficient land use within designated areas having underlying General
Commercial (GC) zoning. The overlay district carries with it zoning requirements that
supplement those for GC areas. In addition to matters regulated elsewhere in this Ordinance,
issues of design and site organization that do not lend themselves readily to prescriptive
regulation but ultimately may be just as important in determining the utility and appearance
of development are addressed by design guidelines.
(2) The purpose of design guidelines is to offer a set of principles that can direct the design
approach for sites of varying character, yet help achieve consistent, high-quality results.
Design guidelines address such issues as site access, resource protection and building
appearance in response both to the opportunities and constraints of a given site and to the
character of adjacent developed or undeveloped land. While design guidelines are not
intended to duplicate the provisions of applicable Zoning Ordinance requirements, they often
provide guidance in satisfying those zoning requirements in a manner appropriate to the
character of a particular site.
(3) These design guidelines have been developed specifically for the Rappahannock General
Commercial District, although they build upon similar efforts undertaken for other Virginia
localities. They are intended both to help property owners and developers understand the
design goals of the General Commercial District and to assist the County's planning officials in
assessing the suitability of design proposals within the General Commercial Overlay District.
(B) Natural Site Amenities. Natural site characteristics such as topography, vegetation, streams and
natural drainage corridors and rock outcroppings establish the character of the environment and
help to provide continuity between a developed site and the adjacent countryside.
(1) Existing vegetation and tree cover, particularly specimen trees or vegetation that define the
boundaries of a site, should be preserved to the greatest extent possible.

(2) Streams, natural drainage swales, ponds, rock outcroppings and similar natural features that
are unique to a site should be retained and incorporated into the site development wherever
possible.
(3) The natural slope and topography of a site should be retained to the greatest degree possible,
employing incremental rather than site-wide regrading strategies wherever necessary to
reduce cut and fill slopes, large amounts of earthmoving and the use of retaining walls across
sites.
(4) Significant views to natural or man-made focal points, both to and from an individual site,
should be maintained and enhanced whenever possible.
(5) Clearing and grading should be kept to a minimum to preserve open space and meet
requirements set forth in Article IV, Zoning Districts.
(6) The use of native plants and vegetation should be employed when replanting is necessary to
foster the preservation of natural site amenities.
(C) Site Access. Clear and convenient access to a site helps give organization to a development and
promotes safety.
(1) Wherever possible, vehicular access to sites should be provided from secondary roadways
rather than from US Route 21 1/522.
(2) Vehicular access to individual sites fronting US Route 21 1/522 and not served by a secondary
roadway should occur opposite highway median cuts.
(3) Vehicular access to sites on opposite sides of a secondary roadway should be located directly
opposite each other.
(4) Adjacent sites should share vehicular access and provide vehicular access from one parcel to
another.
(5) Barrier-free pedestrian circulation systems parallel to roadways should be protected from
vehicular traffic by grade separation, planting strips and/or berming.
(D) Parking. Adequate, convenient parking associated with commercial development should have a
minimal visual impact on traditionally agricultural settings.
(1) When providing parking for large numbers of vehicles, parking areas should be designed in
smaller groups of not more than 20 vehicles and separated and defined by features such as
berms, plant materials, access drives and/or buildings.
(2) Bioretention facilities or landscaped treatment and plant materials should be used to define
vehicular and pedestrian circulation and minimize impervious areas within parking space.
(3) Parking should not be located exclusively at the front of building sites; some parking should
be located at the sides or rear of the site.
(4) Sites with steep slopes should not be modified to produce a single ground plane for building
and parking. In such cases, parking areas should be developed on one or more terraces with
site elevations different from that of the building and linked by appropriate barrier-free
pedestrian circulation.

(E) Building Siting. In addition to the specific requirements elsewhere in this Zoning Ordinance, the
siting of buildings within the General Commercial Overlay District is determined by the proposed
use, parcel configuration, site circulation patterns, topography and character of adjacent
development. Building siting should contribute to a coherent image for the entire General
Commercial Overlay District.
(1) A building should be sited so that its primary orientation is to the major roadway from which
it is accessible. When a parcel fronts on US Route 21 1/522 but is accessible from a secondary
roadway, the building should be sited or configured so that its entrance not only orients to
the direction of access but also so that the building maintains an architectural identity when
seen from the major highway. Buildings on parcels not fronting on the highway should not be
sited to relate to US Route 21 1/522.
(2) Buildings should be designed and sited to reduce the need for topographic modification to the
site. If buildings must be sited in areas of significant slope, they should make use of multiple
stories and multilevel access to retain the natural topography of the site.
(3) The siting of buildings in relation to each other to establish courtyards, gateways and axial
alignments and to reinforce vehicular and pedestrian circulation should be encouraged.
(F) Building Form. The appearance of buildings within the General Commercial Overlay District is one
of the most effective ways of establishing the commercial identity of the area. The form of a
building also may give an indication of its use or the type of business it houses, as well as helping
it relate to the character of adjacent residential or agricultural land uses.
(1) Buildings at key locations within the General Commercial Overlay District, such as on sites
adjacent to intersections of the secondary loop road with US Route 21 1/522, should serve as
landmarks and focal points for the overall area. The use of visible roof forms rather than flat
roofs, multistory buildings rather than single-story massing and architectural details should be
encouraged for these locations.
(2) All buildings should include architectural elements, such as entrances, windows and
articulated wall surfaces, that help them relate to pedestrian use.
(3) Commercial buildings should avoid the use of blank wall surfaces for any side of a building
visible from an adjacent public right-of-way. Where blank walls are unavoidable, their visual
impact should be softened by the adjacent planting of trees, vines or other large-scale plant
materials.
(4) Because of the lower-lying land south of US Route 21 1/522, buildings in this area should
incorporate visible roof forms rather than flat roofs to help define their architectural identity
from the highway.
(5) Where the necessity exists north of US Route 21 1/522 for warehouse type buildings with
large expanses of flat roofs and unarticulated exterior walls, efforts should be made to
introduce additional subsidiary building forms with visible roof forms and greater architectural
detail, particularly in conspicuous locations or in areas of greater public access such as building
entrances to provide greater visual interest.

(6) Owing to the sloping character of the General Commercial Overlay District north of US Route
21 1/522, multistory buildings should be encouraged where appropriate.
(7) Commercial buildings of larger size, though not intended to mimic agricultural buildings, may
adopt the general form and composition of such buildings to foster compatible visual
relationships between adjacent commercial and agricultural areas.
(G) Signs. Although commercial signs are intended primarily to identify various businesses, excessive
or conspicuous signs can be confusing or distracting for motorists along US Route 21 1/522.
(1) Commercial signs for businesses fronting on US Route 21 1/522 should be simple and small to
avoid confusing motorists and should be located in the setback zone along the highway or
directly on the facade of the building.
(2) Businesses accessible from secondary roads should locate all commercial signs in the setback
along such roads or directly on the facade of the building.
(3) Wherever possible, businesses should cluster signs in a single location, such as adjacent to a
shared vehicular access, rather than setting up a series of unrelated signs.
(4) Freestanding signs (those not located on buildings) should be integrated into the site with
walls, in conjunction with land forms and/or plant materials.
(5) When signs are located on buildings, their placement should not obscure or overwhelm
architectural features of the building.
(H) Lighting and Utilities. Exterior lighting is an important design aspect of the General Commercial
Overlay District that promotes its identity, image, user safety and building security. Site utilities,
on the other hand, will contribute most to the overall character of the commercial area when
they are handled inconspicuously.
(1) All exterior lighting should be controlled (by down-shielding or other means) to eliminate glare
to passing motorists on US Route 21 1/522 and secondary roadways and to avoid spilling onto
adjacent noncommercial properties.
(2) General exterior illumination of building facades should be discouraged. Instead, appropriate
exterior lighting of building entrances should be adopted. Additional lighting for business
identification other than for signs should be confined to window displays with interior lighting.
(3) Lighted signs, whether freestanding or located on buildings, should have external, directed
illumination rather than being internally lit.
(4) The use of site lighting for parking areas and pedestrian circulation should be consistent in
design and character throughout the General Commercial Overlay District.
(5) The use of high-intensity security lighting should not be used in any area visible from adjacent
public rights-of-way.
(6) Electric, telephone and cable television service should be located underground.
(7) Stormwater management structures should be integrated into the overall landscape
development of the site. The stormwater requirements of several sites should be consolidated
into a single structure.

(I) Plant Materials. The use of appropriate plant materials native to or traditionally used in
Rappahannock County will enhance visual continuity with the surrounding agricultural landscape.
The use of species that are winter hardy and drought tolerant should be encouraged.
Division 5. SPO Stream Protection Overlay Standards.

NOTE: See Article IV, Zoning Districts, for applicable zoning districts and circumstances.

The purpose of the Stream Protection Overlay District is to apply special regulations to the riparian
buffer area no less than 100 feet wide on each side of perennial streams and wetlands adjacent to
those streams. The purpose of the buffer is to retard runoff, prevent erosion, filter nonpoint source
pollution from runoff, moderate stream temperature, and provide for the ecological integrity of stream
corridors and networks.
Section V-5-2. Riparian Buffer.

Except for those land uses listed as exempt, land containing perennial streams and/or wetlands
adjacent to these streams shall provide for vegetated riparian buffers of 100 feet, as described below.
The minimum riparian buffer width shall be measured horizontally from the top edge of the stream
bank or nontidal wetlands. The top edge of the stream bank, also known as "bank-full width," is the
width of the stream at normal high-water events determined by considering differences in vegetation
(aquatic versus typical terrestrial) and physical characteristics of the stream bank. The width of buffers
for sloped stream banks shall be increased. For slopes between 15% and 25%, one-hundred-foot
buffers shall be increased to 125 feet. For slopes over 25%, one-hundred-foot buffers shall be increased
to 150 feet.
Section V-5-3. Riparian Buffer Criteria.

(A) In order to maintain runoff, nonpoint source pollution control, stream temperature, and
ecological values of the riparian buffer, indigenous vegetation shall be preserved to the maximum
extent possible. The target vegetative cover in the riparian buffer shall be an indigenous forest
with ground cover, shrub, and tree canopy layers. Removal or preservation of vegetation in the
riparian buffer shall be allowed as follows; however, in no case shall vegetation be removed so as
to disturb the soil.
(1) Within a minimum of 35 feet of the top of the stream bank and on land classified as wetland:
(i) Existing trees, with the following characteristics, shall be preserved:
(a) A diameter of six inches or greater (measured 4.5 feet above the ground) if large or
medium-canopy trees;
(b) A diameter of four inches or greater (measured 4.5 feet above the ground) for small-
canopy trees.
(ii) Invasive nonnative species may be removed, regardless of size.
(iii) Dead, diseased, and dying trees may be removed.

(iv) Fallen trees that are blocking stream channels, or trees with undermined root systems in
imminent danger of falling, may be removed where stream bank erosion is a current or
potential problem that outweighs any positive effects the fallen tree or trees may have on
the stream ecosystem.
(v) Pesticides shall not be applied, except by licensed applicators following pesticide
requirements.
(2) Between 35 feet and 100 feet from the top of the stream bank and outside of wetlands:
(i) Dead, diseased, and dying trees may be removed.
(ii) Invasive nonnative species may be removed, regardless of size.
(iii) Trees six inches in diameter or greater (measured 4.5 feet above the ground) shall be
preserved, unless removed as part of a silvicultural thinning operation based upon the
best available technical advice of a professional forester.
(3) The property owner or their agent shall maintain riparian buffer vegetation and shall be
required to replace, in kind, with suitable substitutes, any loss of vegetation.
(B) Types of development not required to maintain or establish a riparian buffer, provided that the
requirements of this section are satisfied:
(1) The construction, installation, operation and maintenance of electric, gas, and telephone
transmission lines, railroads, and activities of the Virginia Department of Transportation, and
their appurtenant structures, which are accomplished in compliance with the Erosion and
Sediment Control Law (Virginia Code, § 10.1-560 et seq.) or an erosion and sediment control
plan approved by the Virginia Soil and Water Conservation Board.
(2) The construction, installation, and maintenance by public agencies of water and sewer lines,
including water and sewer lines constructed by private interest for dedication to public
agencies, provided that:
(i) To the extent practical, the location of such water or sewer lines shall be outside of all
riparian buffer areas;
(ii) No more land shall be disturbed than is necessary to construct, install and maintain the
water or sewer lines; and
(iii) All such construction, installation, and maintenance of such water or sewer lines shall
comply with all applicable federal, state, and local requirements and permits and be
conducted in a manner that protects water quality.
(3) Silviculture activities, provided that such activities are conducted in compliance with all
applicable regulations.
(C) Permitted development, provided that all requirements of this Division are satisfied.
(1) Existing buildings or structures may remain at such locations; however, expansion or
enlargements of such structures may not encroach upon the riparian buffer more than the
encroachment of the existing structure;

(2) On-site or regional stormwater management structures and/or facilities, and temporary
erosion and sediment control measures, provided that.
(i) To the extent practical, as determined by the Zoning Administrator, the location of such
facilities shall be outside of the riparian buffer;
(ii) No more land shall be disturbed than is necessary to provide for construction and
maintenance of the facility, as determined by the Zoning Administrator;
(iii) The facilities are designed and constructed so as to minimize impacts to the functional
value of the stream buffer and to protect water quality; and
(3) Water-dependent facilities; water wells; passive recreation areas, such as pedestrian trails and
bicycle paths; historic preservation; and archaeological activities, provided that all applicable
federal, state, and local permits are obtained.
(D) Permitted development contingent on the approval of a mitigation plan by the Zoning
Administrator:
(1) A lake, pond, or ecological/wetland restoration project;
(2) Construction and maintenance of a driveway or roadway, provided reasonable access to the
lot is prohibited by the riparian buffer and plans are approved by the Zoning Administrator;
(3) Construction, installation, and maintenance of water and sewer facilities or sewage disposal
systems, on existing parcels, provided the Zoning Administrator determines the riparian buffer
would prohibit the practical development of such facilities or systems;
(4) Construction of a structure on an existing parcel, provided that the Zoning Administrator
determines the riparian buffer would result in a loss of a building site and there are not other
available building sites outside the riparian buffer on the parcel.
(E) Riparian buffer mitigation plan requirements, as pertains to this Article:
(1) The owner shall submit a mitigation plan that satisfies the applicable requirements of this
section, a processing fee of $100, and a certification stating that all requirements of the
approved plan will be complied with.
(2) The mitigation plan shall be reviewed by the Zoning Administrator to determine whether it
complies with the requirements of this section and all other requirements of this Ordinance.
The Zoning Administrator shall approve or disapprove a mitigation plan within 30 days that a
complete plan was accepted for review. The decision shall be in writing and shall be
communicated to the owner. If the plan is disapproved, the reasons for such disapproval shall
be stated in the decision.
(3) Each mitigation plan shall:
(i) Identify the impact of proposed development on water quality and land within the riparian
buffer;
(ii) Ensure that where development does take place within a stream buffer, it will be located
on those portions of a site and in a manner that will be least disruptive to the natural
functions of the stream buffer;

(iii) Demonstrate and assure that development will be conducted using best management
practices;
(iv) Specify mitigation that will address water quality and riparian buffer impacts; and
(v) Contain all other information requested by the Zoning Administrator.
(4) Each mitigation plan shall be evaluated by the Zoning Administrator based on the following
criteria:
(i) Whether all reasonable alternatives to development in the riparian buffer have been
explored and exhausted;
(ii) Whether the development in the riparian buffer is the minimum necessary and is
conducted win a manner that will be least disruptive to the natural function of the riparian
buffer; and
(iii) Whether best management practices will effectively mitigate adverse impacts from the
encroachment on the riparian buffer and its natural functions.
(F) The Zoning Administrator shall inspect any land subject to establishing a riparian buffer to ensure
that buffers are in place per the criteria outlined in this Ordinance.

ARTICLE VI – Use Matrix.
Division 1. General.
Section VI-1-1. Organization.
(A) Permitted uses represent only those uses which are permitted by right in a given district and do
not apply to uses otherwise allowed by special exception.
(B) The following uses are permitted as indicated in the following charts. All uses require a zoning
permit.
Table VI-1. Use Matrix Abbreviations

P Permitted use
SE Special exception use
X Site plan required as indicated
Use not allowed as listed in the zoning

Blank district represented by that column or
site plan not required
(C) The following are the categories of uses, separated by section within this Article.
(1) Residential Uses.
(2) Community, educational and institutional uses.
(3) Public and quasi-public uses.
(4) Recreation and amusement uses.
(5) Commercial, retail and business uses.
(6) Wholesale and industrial uses, nonagriculture.
(7) Agriculture, horticulture, forestry, and associated uses.
(8) Miscellaneous uses.
Section VI-1-2. Uses Not Provided.

(A) It is the intent of this Ordinance that any use not expressly indicated as a permitted use in a
separate zoning district is prohibited, except as qualified in Article III, Permits and Applications,
and Article IX, Nonconformities. Where uncertainties exist, the question shall be directed to the
Zoning Administrator in conformance with the provisions of Article II, Administration.
(B) Notwithstanding that a given use might be construed to qualify as a use permitted in a district, if
such use has characteristics more similar to or more specific than a particular use listed or defined
elsewhere in this Ordinance, then the latter shall govern. Where uncertainties continue to exist,
ARTICLE VI – Use Matrix. | 79

the questions shall be directed to the Zoning Administrator in conformance with the provisions
of Article II, Administration.
Section VI-1-3. Exemptions.

Exempted from the provisions of this Ordinance are wires, cables, conduits, vaults, laterals, pipes,
mains, valves or other similar equipment for the distribution to consumers of telephone or other
communications, electricity, gas or water or the collection of sewage or surface water operated or
maintained by a governmental entity or a public utility or public service corporation, including customer
meter pedestals, telephone pedestals, distribution transformers and temporary utility facilities
required during building construction, whether any such facility is located underground or
aboveground, but only when such facilities are located in a street right-of-way or in an easement less
than 40 feet in width. The exemption shall not include any substation located on or above the surface
of the ground or any distribution facility in excess of 34.5 kilovolts, or which will not provide local service
or which is not on single wooden poles. This exemption shall apply to natural gas lines and facilities
which are to provide local distribution only.
Section VI-1-4. Additional Standards

(A) No accessory structure or use, as defined in Article X, Definitions, shall hereafter be built, moved,
remodeled, established, altered or enlarged unless such accessory structure or use complies with
the provisions of Article VII, Use Standards.
(B) No home occupation shall hereafter be established, altered or enlarged unless such home
occupation complies with the provisions of Article VII, Use Standards.
(C) No sign shall hereafter be erected, built or displayed, and no existing signs shall be moved,
remodeled, altered or enlarged unless such sign complies with the provisions of Article VIII,
Community Design.
(D) No structure shall hereafter be built or moved and no structure or land shall hereafter be used
or occupied unless the minimum off-street parking and loading spaces required by Article VIII,
Community Design, are provided.
Division 2. Use Tables.

Section VI-2-1. Residential Uses.
Residential uses shall be permitted as follows:
Table VI-2. Residential Use Matrix

Zoning Districts (B) Site
(A) Residential Uses
C A RR-5 R-2 RV CV CG HC I MHP Plan
Dwelling, single-family P P P P P SE SE SE SE SE
Dwelling, attached, 2-family
SE SE SE P P SE SE SE
(duplex)

Zoning Districts (B) Site
(A) Residential Uses
C A RR-5 R-2 RV CV CG HC I MHP Plan
Dwelling, attached, greater

SE SE SE SE SE SE SE
than 2 families
Dwelling, multifamily SE SE SE SE SE SE X
Dwelling, mobile home P* P*
More than 1 dwelling on a lot
SE SE SE SE SE SE SE SE
or parcel
Home Occupation P P P P P P SE P
Small contracting business
SE SE SE SE SE P P P
(same lot as residence)
Cottage industry (same lot as
dwelling of SE SE SE SE SE P SE
owner/proprietor)
Residential lot development P P P P P
Residential lot development
(family transfer) greater than SE SE SE SE SE
5 lots cumulative since 1962
Accessory dwelling unit SE SE SE SE SE SE SE SE
Repair shop (same lot as
SE SE SE SE SE SE SE
residence)
Auto repair shop (same lot as
SE SE SE SE SE P P P P
residence)
NOTES:
*As provided in Article VII, Use Standards.
Section VI-2-2. Community, Educational and Institutional Uses.

Community, educational and institutional uses shall be permitted as follows:
Table VI-3. Community, Educational, and Institutional Use Matrix

(A) Community, Educational, and Zoning District (B) Site
Institutional Uses C A RR-5 R-2 RV CV CG HC I MHP Plan
Club or lodge (civic, fraternal,

SE SE SE SE SE SE P
or patriotic)

(A) Community, Educational, and Zoning District (B) Site
Institutional Uses C A RR-5 R-2 RV CV CG HC I MHP Plan
Carnivals sponsored by
nonprofit organizations, fairs P P P P P P P P
or shows (5-day limit per year)
Carnivals sponsored by
nonprofit organizations, fairs
SE P X
or shows greater than 5 days
per calendar year
School, public or private,
within a house or building, SE SE SE SE SE P P SE X
with 25 or fewer students
School, public or private,
within a house or building, SE SE SE SE SE SE SE SE X
with more than 25 students
School, public or private, not
SE X
conducted in a building
Residential facility off-site, for
use by students or others
SE SE SE SE SE X
associated with an educational
institution
Monastery or similar religious
SE SE SE SE SE SE X
residential facility
Place of worship, including
SE SE SE SE SE P P P SE SE X
church cemetery
Medical care facility, with 10 or
SE SE SE SE SE P P
fewer beds
Medical care facility, with more
SE SE SE SE SE P X
than 10 beds
Residential care facility, minor SE SE SE SE SE P P X
Residential care facility, major SE SE SE SE SE SE SE X
Section VI-2-3. Public and Quasi-Public Uses.

Public and quasi-public uses shall be permitted as follows:
Table VI-4. Public and Quasi-Public Use Matrix

Zoning District
(A) Public and Quasi-Public Uses (B) Site Plan
C A RR-5 R-2 RV CV CG HC I MHP
Conference Center SE SE P X
Penal or correctional facility SE X
Post Office SE SE SE P P X
Museum SE P P P X
Arena/Stadium SE SE X
Library SE SE SE SE P P SE X
Public safety facility (fire,
rescue or police station or SE SE SE SE SE SE SE X
detention facility)
Parks and recreation facility
SE SE SE SE SE SE X
(governmental/civic), athletic
Parks and recreation facility
(governmental/civic), SE SE SE SE SE SE X
nonathletic
Fairground SE P SE SE X
Sanitary Landfill
(Rappahannock County SE SE SE X
governmental only)
Solid waste transfer station SE SE SE SE SE SE SE P SE X
Sewerage treatment or water
purification facility (public or SE SE SE SE SE SE SE SE SE X
private)
Telecommunication facility or
radio, television and
SE SE SE SE SE SE SE SE SE X
microwave antenna and/or
transmitting facility
Electrical generating plant
and facilities
and facilities, renewable P P P P P P P P P
energy, small
and facilities, renewable SE SE SE SE SE SE SE SE SE X
energy, utility

Zoning District
(A) Public and Quasi-Public Uses (B) Site Plan
Utility transmission facility
greater than 34.5 kilovolts not SE SE SE SE SE SE SE SE SE X
for local distribution
Parking facility (public or
private)
Animal Shelter SE SE SE SE SE SE SE SE SE
Section VI-2-4. Recreation and Amusement Uses.

Recreation and amusement uses shall be permitted as follows:
Table VI-5. Recreation and Amusement Use Matrix

(A) Recreation and Amusement Zoning District
(B) Site Plan
Uses C A RR-5 R-2 RV CV CG HC I MHP
Country club/golf course,
SE SE X
public or private
Swimming/tennis facility,
SE P X
public or private club
Firing range facility (indoor) SE SE X
Country inn, retreat, or lodge SE SE X
Conference center or resort SE SE
Tent campground SE SE X
Travel-trailer park SE P SE X
Equestrian facility (non-
P P P P P P
spectator)
Equestrian facility (spectator) SE SE SE SE SE SE SE
Drive-in theater SE P X
Golf driving range, go cart, or
similar outdoor commercial SE SE X
recreation
Private club; indoor SE P X
Theater, indoor SE P X
Health club P X
Bowling alley P X

(A) Recreation and Amusement Zoning District
(B) Site Plan
Uses C A RR-5 R-2 RV CV CG HC I MHP
Pool/billiards or amusement
SE SE SE X
arcade facilities, indoor
Skating rink, ice or roller P X
Dance hall SE SE X
Animal petting farm SE SE SE SE X
Retail fishing SE SE SE P P X
Firing range facility (outdoor) SE SE X
Dance, music or performing
SE SE SE SE SE SE SE SE SE SE X
arts studio
Section VI-2-5. Commercial, Retail, and Business Uses.

Commercial, retail and business uses shall be permitted as follows:
Table VI-6. Commercial, Retail, and Business Use Matrix

(A) Commercial, Retail, and Zoning District
(B) Site Plan
Business Uses C A RR-5 R-2 RV CV CG HC I MHP
Retail sales establishment,
2,000 square feet gross or P SE P X
less (no outside storage)
greater than 2,000 square
feet gross and less than 5,000 SE P P X
square feet gross or more (no
outside storage)
5,000 square feet gross or P P X
more (no outside storage)
Kennel SE SE SE SE P X
Animal hospital/veterinary
SE P P X
clinic
Financial institution P P X
Funeral Home SE P X
Farm supply establishment SE P P P X

(B) Site Plan
Building material sales, 1 acre
SE P X
or less used
Building material sales, more
P SE X
than 1 acre used
Office, professional, including
clinic, 3 persons or fewer SE SE SE SE P P X
employed
Office, professional, including
clinic, more than 3 persons P P X
employed
Office, business, 2,000 square
P P P X
feet or fewer gross
Office, business, more than
SE P P X
2,000 square feet gross
Eating establishment, fast
P P X
food
Eating establishment P P P X
Laundry/dry
P P SE SE X
cleaners/laundromat
Furniture repair SE P P P X
Barbers/beauty shop SE SE SE SE SE P P P X
Carpentry, plumbing,
electrical, printing, or sheet SE SE SE P P X
metal shop
Auction establishment SE SE SE SE P P P X
Car wash SE P X
Auto service station P P P X
Auto repair garage SE P P X
Motor vehicle impoundment
SE P X
yard
Junkyard/auto graveyard SE X
Auto sales, repair and/or
SE P SE X
service
Truck and heavy equipment
P P X
sales, rental and/or service

(B) Site Plan
Mobile home sales, rental,
SE X
and/or service
Taxi service SE SE SE P X
Bus terminal SE SE P P P P X
Tourist home/bed and
SE SE SE SE SE P P P P X
breakfast
Motel/hotel P SE P X
Antique shop/gift shop SE SE P P P X
Seasonal wayside stand (off-
SE SE P P P X
site)
Motor freight terminal SE X
Contractor’s office/shop/yard SE SE SE SE SE P P P X
Flea market SE P P X
Taxidermy SE SE SE SE SE X
Spa SE SE SE SE
Section VI-2-6. Nonagricultural Wholesale and Industrial Uses.

Nonagricultural wholesale and industrial uses shall be permitted as follows:
Table VI-7. Nonagricultural Wholesale and Industrial Use Matrix

(A) Nonagricultural Wholesale Zoning District
(B) Site Plan
and Industrial Uses C A RR-5 R-2 RV CV CG HC I MHP
Warehousing, including
moving and storage SE SE P X
establishment
Wholesale trade
establishment, 5,000 square SE P X
feet gross or less
Wholesale trade
establishment more than P X
5,000 square feet gross
Wholesale trade SE P X
establishment with retail

(A) Nonagricultural Wholesale Zoning District
(B) Site Plan
and Industrial Uses C A RR-5 R-2 RV CV CG HC I MHP
sales, 5,000 square feet gross
floor area or less
Wholesale trade
establishment with retail
SE X
sales, more than 5,000 square
feet gross floor area
Petroleum products bulk
SE SE X
storage and distribution
Industrial uses other than
P X
heavy industrial uses
Heavy industrial uses SE X
Mining, quarrying and/or
mineral processing (on-site),
SE X
including associated batching
and asphalt mix
Distilleries, 5,000 gallons per
SE SE SE SE SE X
year or less
Distilleries, More than 5,000
SE SE SE SE X
gallons per year
Breweries SE SE SE SE X
Section VI-2-7. Agriculture, Horticulture, Forestry, and Associated Uses.

Agriculture, horticulture, forestry, nursery and associated uses shall be permitted as follows:
Table VI-8. Agriculture, Horticulture, Forestry, and Associated Uses Matrix

(A) Agricultural, Horticultural, Zoning District
(B) Site Plan
Forestry and Associated Uses C A RR-5 R-2 RV CV CG HC I MHP
Crop/livestock farming P P P P P P
Dairy farming SE P P P
Commercial feed lot, greater
SE P P
than 100 heads
Swine farm, greater than 20
SE P P
sows
Poultry farm (1,000 birds or
SE P P
more)

(B) Site Plan
Nursery (greenhouse mostly
P P SE P P P
wholesale)
Nursery (no permanent sales
SE P P SE SE P P P
or display facility)
Forestry P P P P P P P P
Distillation of industrial
SE SE SE SE X
alcohol (ethanol) for farm use
Processing, storage and sale
of agricultural products P P P SE SE
grown on premises
Processing, storage and sale
of agricultural products
grown off site (other than
meat processing)
Meat
SE SE SE X
processing/slaughterhouse
Livestock exchange SE SE SE X
Lime, fertilizer, and
agricultural chemical storage SE SE SE SE SE P P
and distribution
Farm equipment sales,
SE SE SE SE SE P P X
service, and rental
Sawmill, custom SE SE P
Sawmill, commercial SE SE P X
See
definition;
Farm Winery, Category 1 P P P SE SE required
in R-2 and
RV
See
definition;
Farm winery, Category 2 P P P SE SE required
in R-2 and
RV
Winery SE SE SE P P P X
Farm winery retail
SE SE SE SE X
establishment

(B) Site Plan
Home winery/brewery P P P P P P P P P
Adult farm labor camp SE SE X
Aquaculture SE SE
Biosolids storage facilities* SE
NOTES:
*A special exception is not required if the stored biosolids are for use solely on the farm where they are stored and are
not stored for longer than 45 days. A site plan shall be required.
Section VI-2-8. Miscellaneous Uses.

Miscellaneous uses shall be permitted as follows:
Table VI-9. Miscellaneous Use Matrix

Zoning District
(A) Miscellaneous Uses (B) Site Plan
Family graveyard P P P P P P
Cemetery (non-church-
SE
related)
Adaptive uses of existing
SE SE SE SE SE SE SE SE SE
structures
Resubdivision SE SE SE SE SE SE SE SE SE
Airport or landing strip SE
Carnival, field party, fair, show
or music festival, for profit, SE SE P P X
temporary
Expansion of nonconforming
SE SE SE SE SE SE SE SE SE SE
uses
Off-site directional signs SE SE SE SE SE SE SE SE

ARTICLE VII – Use Standards.
Section VII-1-1. Purpose and Intent.
Reserved
Section VII-1-2. Additional Standards.

(A)
(B) Use limitations.
(1) All districts.
(i) Except as otherwise qualified in this Ordinance, all uses shall comply with the
performance standards set forth in this Article.
(ii) For new residential uses in commercial zones, there shall be maintained a minimum ten-
foot side and rear yard setback for principal uses.
(iii) Except in the conservation and agricultural zoning districts, subdivision of land into less
than twenty-five-acre lots may be allowed (see other applicable provisions of this
Ordinance and of Chapter 147, Subdivision of Land) only where public road rights-of-way
are 50 feet in width from the property to be divided to a state primary highway.
(iv) The use of sludge for land application is prohibited in all zoning districts in Rappahannock
County except as permitted by Chapter 68 of this Code.
(v) Any permanent parking area with more than 50 vehicle spaces which shall be illuminated
shall be subject to the lighting requirements of Article VIII, Community Design, and the
approval of a lighting plan if a site plan is not otherwise required; provided that this shall
not apply to property owned by the County, the School Board, the commonwealth or the
Federal Government.
(vi) Refer to Article IV, Zoning Districts, and Article V, Overlay Zoning Districts, for provisions
which may qualify or supplement the regulations presented in this Article.
(vii) Refer to Article VIII, Community Design, for off-street parking, loading and private street
provisions.
(viii) Refer to Article VIII, Community Design, for regulations on signs.
(ix) The sale or offering for sale of goods or services from any vehicle shall be deemed to be
a commercial use and shall be subject to all the regulations prescribed for the zoning
district in which the same is conducted, but this regulation shall not be deemed to
prohibit any vending from vehicles on a public street that is not otherwise prohibited by
law.
(2) All Residential Districts. No sale of goods or products shall be permitted, except as accessory
and incidental to a permitted, special exception use.
ARTICLE VII – Use Standards. | 91

(3) All Resource Preservation Districts. In the resource preservation zoning districts, agriculture
and forestry are the preferred uses. The operation at any time of any machinery used in
farming and forestry procedures and all other agricultural operations shall be permitted and
have preference over all other uses.
(4) All Commercial and Industrial Districts.
(i) On a corner lot, no entrance shall be located closer than 60 feet to the right-of-way line
of the intersecting streets.
(ii) A freestanding use shall have no more than two entrances on any single right-of-way;
and such curb cuts shall have a minimum distance of 40 feet between them.
(iii) No entrance shall be located closer than 20 feet to a side or rear lot line unless a common
entrance serves adjacent uses, and in no instance shall the distance between entrances
serving adjacent land uses be less than 40 feet.
(iv) Outdoor storage and display areas shall be permitted only on the same lot if ancillary
there to a permitted, special exception use. The outdoor area devoted to storage, loading
or display of goods shall be limited to that area so designated on an approved site plan.
(v) All outdoor storage and loading areas shall be enclosed by screening, and areas devoted
to outdoor display of goods offered for sale or rental shall be screened when such areas
abut a residential district at a side or rear lot line or are separated by an alley.
(vi) Motor vehicle storage and impoundment facilities shall be used only for temporary
storage of wrecked, inoperable and/or abandoned vehicles, but shall not include the
dismantling, wrecking or sale of said vehicles or parts thereof. Such storage and
impoundment facilities shall be completely screened from view and shall not be located
in any required front yard.
(5) All Mobile Home Park Districts.
(i) No space in a mobile home park shall be rented for residential use except for periods of
30 days or more, and no mobile home shall be located in any park unless it is
demonstrated that it meets the requirements of the Mobile Home Manufacturers
Association Mobile Home Standards for Plumbing, Heating and Electrical Systems.
(ii) All mobile home parks shall meet the requirements set forth in the Virginia Uniform
Statewide Building Code. The issuance of zoning and building permits is required prior to
the location of each mobile home in a mobile home park.
(iii) All mobile home parks shall be subject to approval of a site plan in accordance with the
provisions of Article III, Permits and Applications.
(iv) Every mobile home space shall be shown on the site plan and clearly defined on the
ground by permanent monuments. Such mobile home space shall not be put to record,
shall not constitute a division or subdivision of land and shall not be transferred
independently. However, streets, drainage, fire hydrants and similar improvements shall
be provided in accordance with the standards contained in Chapter 147, Subdivision of
Land.

(v) Every mobile home space shall be provided with a mobile home stand, so designed to
provide adequate support to the maximum anticipated loads during all seasons and so
located as to provide for the practical placement of a mobile home and its accessory
structure in such a manner that such mobile home complies fully with all requirements
of this Ordinance.
(vi) No structure shall be attached to any mobile home except for mobile home accessory
structures as defined in this Ordinance. Such structures shall not exceed the height of the
mobile home to which they are attached, nor shall they exceed a height of 10 feet if
detached. The total of all mobile home accessory structures located on any one mobile
home space will not exceed 50 square feet.
(vii) All areas designated as open space in the site plan shall be reserved for the exclusive use
of the mobile home park's residents. The remaining area not available to the residents
shall be used only by the mobile home park management for the operation and
maintenance of the park.
(viii) All mobile home spaces shall abut on a driveway or private street with unobstructed
access to a public street.
(ix) All private streets and driveways within a mobile home park shall be constructed in
accordance with the provisions of Article VIII, Community Design.
(6) Attached and Multifamily Uses.
(i) Not more than four dwelling units shall be located in one row of continuous townhouse
units or in one continuous group of cluster homes. They shall not exceed a density of four
dwelling units per gross acre and shall be under single ownership unless served by public
water and sewer.
(ii) Not more than 12 dwelling units shall be contained in a single apartment building. They
shall not exceed a density of 10 dwelling units per gross acre and shall be under single
ownership unless served by public water and sewer.
(iii) A separate entrance to a public street shall be provided for each 30 dwelling units.
(iv) Duplex dwellings shall not exceed allowable district density requirements and except for
the common wall shall meet all other single-family dwelling requirements.
(7) Air pollution.
(i) Any activity, operation or device which causes or tends to cause the release of air
contaminants into the atmosphere shall comply with the rules and regulations of the
state.
(8) Fire and explosion hazards.
(i) All operations, activities and uses shall be conducted so as to comply with all applicable
fire prevention and explosion hazard codes.
(9) Radiation hazards.

(i) All operations, activities and uses shall comply with the regulations of the United States
Atomic Energy Commission set out in Chapter I of Title 10 of the Code of Federal
Regulations, which apply to by-product material, source material and special nuclear
material, as those terms are defined in Section IIe, z and aa of the Atomic Energy Act of
1954, as amended [42 U.S.C. § 2014(e), (z) and (aa)].
(ii) No activity, operation or use shall cause radiation emissions which are in violation of the
Radiation Health and Safety Act of 1968 (Public Law 90-602), as amended, or the
implementing regulations of the Virginia Department of Health established pursuant
thereto.
(iii) Any water discharged from any facility must meet all radioactivity standards, as specified
in Environmental Protection Agency (EPA) Document 57 0/9-76-003, National Interim
Primary Drinking Water Regulations, in effect on the date of adoption of this Ordinance
irrespective of any subsequent amendments to said EPA Document.
(iv) Air emission discharges, including fugitive emissions, shall not be permitted to contain
radioactive levels more than 10% above background airborne radioactivity at the point
of discharge.
(10) Electromagnetic radiation and interference.
(i) Any activity, operation or use shall not cause electromagnetic radiation interference that
adversely affects persons or the operation of any equipment across lot lines and is not in
conformance with the regulations of the Federal Communications Commission.
(11) Liquid and solid wastes.
(i) Any activity, operation or device which causes or tends to cause the discharge or other
release of liquid or solid waste into public sanitary sewers, storm drains or public waters
shall comply with applicable laws, rules and regulations governing such discharge or
release, including but not limited to the Federal Water Pollution Control Act, the Virginia
Water Control Law and the Rappahannock County regulation provisions on sewers and
sewage disposal, pollution of state waters, maintenance and cleanliness of storm
drainage facilities, garbage, trash and refuse and erosion and sediment control.
(12) Earthborne vibration.
(i) Required performance level. No use, operation or activity shall cause or create
earthborne vibrations in excess of the peak particle velocities prescribed below.
(ii) Method of measurement.
(a) Measurements shall be made at or beyond the adjacent lot lines, nearest residential
zoning district boundary line or nearest district boundary line as indicated below.
Ground-transmitted vibration shall be measured with a seismograph or complement
of instruments capable of recording vibration displacement and frequency particle
velocity or acceleration simultaneously in three mutually perpendicular directions.
(b) The maximum particle velocity shall be the maximum vector sum of three mutually
perpendicular components recorded simultaneously. Particle velocity may also be

expressed as 6.28 times the displacement in inches multiplied by the frequency in
cycles per second.
(c) For the purposes of this Ordinance, steady state vibrations are vibrations which are
continuous or vibrations in discrete impulses more frequent than 60 per minute.
Discrete impulses which do not exceed 60 per minute shall be considered impact
vibrations.
(iii) Group I vibration standards.
(a) Uses subject to Group I standards shall not cause steady state vibrations to exceed
the maximum permitted particle velocities described in Table VII-1, Maximum Group
I Vibration Levels, below. Where more than one set of vibration levels apply, the most
restrictive shall govern. Readings may be made at points of maximum vibration
intensity.
Table VII-1. Maximum Group I Vibration Levels

Maximum Permitted Steady State Vibration Levels
Maximum Peak Particle Velocity

Location (at lot line)
(inches per second)
In a residential zoning district 0.02
At or beyond adjacent lot lines,
0.05
except a residential zoning district
(b) Impact vibrations shall be permitted at twice the values stated above.
(c) Between the hours of 8:00 p.m. and 7:00 a.m., all of the permissible vibration levels
indicated above in Table VII-1, Maximum Group I Vibration Levels for residential
zoning districts shall be reduced to one-half (1/2) the indicated values.
(iv) Group II vibration standards.
(a) Uses subject to Group II standards shall not cause steady state vibrations to exceed
the maximum permitted particle velocities described in Table VII-2, Maximum Group
II Vibration Levels below. Where more than one set of vibration levels apply, the most
restrictive shall govern. Readings may be made at points of maximum vibration
intensity.
Table VII-2. Maximum Group II Vibration Levels

Maximum Permitted Steady State Vibration Levels
Maximum Peak Particle Velocity
(inches per second)
In a residential zoning district 0.02

At or beyond adjacent district
boundary lines, except a residential 0.10
zoning district
(b) Impact vibrations shall be permitted at twice the values stated above.
(c) Between the hours of 8:00 p.m. and 7:00 a.m., all of the permissible vibration levels
indicated above in Table VII-2, Maximum Group II Vibration Levels, for residential
zoning districts shall be reduced to one-half (1/2) the indicated values.
(d) When the frequency of impacts does not exceed one per day, the maximum vibration
level, measured across lot lines, shall not exceed four tenths (0.4) inches per second.
Division 2. Agricultural Use Standards.

Section VII-2-1. Category 7: Agriculture, Horticulture, and Associated Uses.
In addition to the general standards set forth in Article III, Permits and Applications, the following
standards shall apply to Category 7, Agriculture, Horticulture and Associated Uses:
(A) Additional standards for all Category 7 uses.
(1) All uses with retail sales of a year-round nature shall have access to a paved secondary street
unless it is determined that the traffic volume generated will not exceed an average of 10
vehicles per day.
(2) The use shall not be detrimental to the continuance of any adjacent agricultural, horticultural
or forestry operation.
(3) All required State Health Department and/or State Water Control Board permits shall be
obtained, and the conditions thereof shall become a condition of the special exception.
(B) Additional standards for distillation of industrial alcohol (ethanol) in conjunction with a farming
operation.
(1) All such ethanol shall be used on the farm upon which it is produced or, if for sale, must be
produced from farm crops grown on the farm.
(2) The Air Pollution Control Board shall be given the opportunity to comment on the application.
(C) Additional standards for wineries and farm wineries.
(1) "Bus tours" are the prearranged uses of buses to transport people to and from any winery or
farm winery, for the purpose of viewing the facilities, becoming educated in the processes and
production methods used, or purchasing, tasting or sampling the alcoholic product. The uses
of winery and farm winery, shall include the right to have one bus tour per month, each bus
tour to consist of no more than two buses. For all bus tours in excess of these allowed by right,
a special exception shall be obtained. The special exception, in addition to any conditions
permitted elsewhere in this Code, may regulate bus tours by size, frequency, time of year,
duration, route of travel, number of passengers and parking. The special exception may permit
multiple bus tours with varying conditions on one special exception.

(D) Additional standards for biosolids storage facilities:
(1) The tract of land on which the facility is located shall consist of a minimum of 100 acres.
(2) The structure which contains the biosolids shall be constructed on a concrete slab, with
containment walls of impervious material such as a continuous concrete or a metal tank, and
is referred to as the “containment vessel.” The containment vessel shall be constructed so
that no liquid can escape and no rainwater may enter. Lagoon storage is not permitted.
(3) The site plan shall show all facilities as well as the access route to be used by vehicles entering
and leaving the site. The Board may condition the special exception on a specified schedule
and truck route.
(4) Only one containment vessel shall be allowed per site, not to exceed a capacity of 120,000
cubic feet.
(5) The containment vessel shall be at least 400 yards from the nearest property line, unless that
adjoining property owner gives written consent, and 400 yards from any stream or other
water body from which water flows onto the property of another. The containment vessel
shall not be visible from any adjacent property unless the owners thereof consent in writing.
(6) The containment vessel shall be surrounded by an earthen berm or ditch sufficient to contain
the entire volume of the containment vessel.
(7) The application for the special exception shall be signed by all owners of the property on which
the facility is to be located and on which any access road is located, as well as the entity which
will be storing the biosolids (the "permittee"), and shall contain a statement that each of them
will comply with all laws, regulations and permits concerning the storage of biosolids. These
persons are collectively referred to as the "applicant."
(8) Any special exception shall be conditioned upon the issuance of all necessary permits by the
Commonwealth of Virginia. If such permits are not obtained within six months of the date of
approval of the special exception, the special exception shall become void. If a permit is
revoked by proper governmental authority or invalidated in any court or administrative
proceeding, the special exception shall automatically become void at the same time.
(9) The applicant shall throughout the term of the special exception maintain liability insurance
in the amount of a minimum of $1,000,000 and shall be responsible to clean up any spills and
for any damage to the environment or the person or property of others caused by its activities.
(10) Upon transfer of the property on which the facilities are located, the special exception shall
automatically expire but may be reapplied for by the new owners upon satisfaction of this
Section VII-2-1 (D).
(11) The applicant shall show that there is suitable sight distance and turning area for truck traffic
entering and leaving the property, that the roads leading to the property are suitable for
trucks of the size and weight to be used, that trucks have sufficient area within the property
to park while on- or off-loading biosolids, and that all necessary VDOT entrance permits have
been obtained.

(12) The applicant shall provide a written plan to address complaints by neighbors as to odor and
spills.
(13) If the applicant violates the special exception, the Zoning Administrator may issue a cease and
desist order whereupon no further activities shall be conducted at the site except for those
approved by the Zoning Administrator to cure the violation. If the violation is not cured within
30 days, the Board of Supervisors may hold a public hearing upon 14 days’ notice to the
applicant, and if by that time the violation continues, the Board may revoke the special
exception, whereupon all biosolids shall be removed from the site within 30 days and all spills
cleaned up and contaminated soil removed within 60 days, weather permitting.
(14) The applicant shall be responsible to the County for any expenses of the County incurred to
perform a duty of the applicant or to cure a violation.
(15) All trucks transporting biosolids to and from the site shall be designed so as not to allow any
material to escape nor water to enter the biosolids and shall display the name, address and
telephone number of the hauler. If any material does escape, the applicant shall respond to
the location and clean up the biosolids within eight hours.
(16) The applicant shall at all times furnish the Zoning Administrator with the name, mailing
address and e-mail address of a contact person who can receive notices to the applicant and
who is responsible for responding to problems.
(17) The applicant shall notify the Zoning Administrator when the use of the facility will begin and
of any delivery schedule. The Zoning Administrator, the local monitor and other necessary
persons designated by them shall have access to the facilities throughout the term of the
special exception for the purpose of inspecting the facilities and the testing of biosolids.
(18) All biosolids stored shall be for application only in Rappahannock County and shall conform to
all County, state and federal laws to be suitable for land application.
(19) The use of sludge for land application is prohibited in all zoning districts in Rappahannock
County except as permitted by Chapter 68 of this Code.
Division 3. Residential Use Standards.

Section VII-3-1. General.
(A) Unless otherwise permitted by provisions of this Ordinance, not more than one dwelling unit shall
hereafter be erected on any one lot unless the resultant dwelling density is less than one dwelling
unit per 50 acres (1DU/50), nor shall a dwelling unit be located on the same lot with any other
principal building, except as an accessory use as may be permitted by the provisions of this Article,
or unless a special exception is granted in accordance with Article VI, Use Matrix.
(B) A dwelling unit may be occupied by not more than:
(1) One family, consisting of not more than two persons not related by blood or marriage and any
number of persons related by blood or marriage and with any number of natural children,
foster children or adopted children and not more than two roomers or boarders; or
(2) A group of not more than four persons not necessarily related by blood or marriage.

(3) A residential facility housing a group of not more than eight mentally ill, mentally retarded or
developmentally disabled persons, in addition to staff, shall be considered for all purposes
occupancy by a single family and may thus be located by right without conditions other than
those applied to all single-family detached dwellings. For the purposes of this section, mental
illness, mental retardation and developmental disability shall not include current illegal use of
or addiction to a controlled substance as defined in § 54.1-3401 of the Code of Virginia 1950,
as amended. A "residential facility" shall be deemed to be any group home or other residential
facility for which the Department of Mental Health, Mental Retardation and Substance Abuse
Services (DMHMRSAS) is the licensing authority pursuant to the Code of Virginia. Newly
constructed residential care facilities shall conform to the standards required for the
appropriate use group as dictated by the Unified Statewide Building Code in addition to those
requirements imposed by the DMHMRSAS.
Section VII-3-2. Home Occupations.

(A) Authorization. Home occupations are permitted subject to the following provisions and any use
limitations applicable in the zoning district in which located.
(B) Permitted home occupations. Home occupations include the following uses and those uses
determined by the Zoning Administrator to be sufficiently similar thereto in terms of type, scale
and impact:
(1) Artists and sculptors.
(2) Authors and composers.
(3) Dressmakers, seamstresses and tailors.
(4) Family day-care homes limited to not more than five children.
(5) Home crafts, such as model making, rug weaving, lapidary work, cabinetmaking, ceramics,
and similar light manufacturing uses.
(6) Office facility of a minster, rabbi, priest or other similar person associated with a religious
organization.
(7) Office facility of a salesman, sales representative or manufacturer’s representative, provided
that no retail or wholesale transactions are made on the premises.
(8) Office facility of an architect, artist, broker, dentist, physician, professional therapist,
engineer, planner, landscape architect, public relations practitioner, instructor in arts and
crafts, insurance agent, land surveyor, lawyer, musician, real estate agent and typist.
(9) Schools whose class size do not exceed four pupils at any given time.
(10) The letting for hire of not more than two rooms for rooming or boarding use for not more
than two persons, neither of whom is a transient.
(11) Beauty parlor/barber shops.
(12) Repair shops.

(C) Uses not permitted as home occupations. Permitted home occupations shall not in any event be
deemed to include antique shops, funeral chapels or funeral homes, gift shops, medical or dental
clinics or hospitals, renting of trailers, restaurants, riding or boarding stables or kennels, tourist
homes, abattoirs, motor vehicle related uses, commercial recreational uses, massage parlors and
fortune-tellers.
(D) Use limitations. In addition to the use limitations applicable to the zoning district in which located,
all home occupations shall be subject to the following use limitations:
(1) A home occupation must be conducted within a dwelling which is the bona fide residence of
the principal practitioner or in an accessory building thereto which is normally associated
with a residential use.
(2) No mechanical or electrical equipment shall be employed other than machinery or
equipment customarily found in the home associated with a hobby or a vocation not
conducted for gain or profit or machinery or equipment which is essential to the conduct of
the home occupation.
(3) No outside display of goods or outside storage of equipment or materials used in the home
occupation shall be permitted.
(4) No persons other than a member of the immediate family occupying such dwelling shall be
employed, except for part-time teachers.
(5) No sign shall be permitted except in accordance with the provisions of Article VIII, Community
Design.
Section VII-3-3. Category 1: Residential Uses.

Category 1, Residential Uses, shall be regulated as follows:
(A) Reserved
(B) Reserved
(C) Standards for all residential uses in CV and CG Districts. In addition to the standards set forth in
Section VII-3-3 (B) above, all residential uses shall satisfy the following standards:
(1) While the CV and CG Zoning Districts are intended to accommodate a mixture of commercial
and residential uses and to recognize the mixed-use character of many village centers in the
County, residential uses allowed by special exception in such districts shall be of such scale so
as to avoid conflict with existing and potential commercial uses in the district where located.
(2) In addition to parking requirements contained in Article VIII, adequate provision shall be made
for guest and recreational vehicle parking.
(D) Additional standards for small contracting businesses.
(1) The minimum lot size requirement shall, in general, be five acres in resource preservation
zoning districts.
(2) All off-street parking and loading areas, storage and loading areas and storage and structures
which are related to such uses shall be located not less than 50 feet from any lot line.

(3) Not more than 10 persons shall be engaged in the on-site operation of the business, including
part-time employees and/or proprietors.
(4) Not more than five vehicles or pieces of equipment other than automobiles and light trucks
not exceeding 5,000 pounds shall be operated from the site or stored there overnight.
(5) The area covered by all structures used in connection with such a use shall not exceed a total
of 5,000 square feet.
(6) The area covered by all outdoor storage in connection with such a use shall not exceed a total
of 5,000 square feet.
(7) All parking, loading and open storage shall be effectively screened from view.
(8) Small contracting businesses shall include the following uses, as well as those determined by
the Board to be sufficiently similar thereto in forms of type, scale and impact.
(i) Construction and/or repair of buildings, roads, fencing and utility lines.
(ii) Installation and servicing of heating, cooling and electrical equipment, flooring, painting,
plumbing, roofing and tiling.
(iii) Excavating.
(iv) Custom farming not in conjunction with a farming operation.
(E) Additional standards for cottage industries.
(1) Such uses shall be permitted as a home occupation (except as modified below).
(2) A cottage industry shall be conducted on the same lot as contains the bona fide residence of
the proprietor of the business.
(3) Not more than two persons, other than bona fide residents of the site, shall be engaged in the
operation of the business, including part-time employees.
(4) Such a use shall be conducted within the dwelling of the proprietor or within a separate
structure not exceeding one story or 1,000 square feet in gross area and shall, if practical, be
located to the rear of the proprietor's dwelling.
(5) Except for articles produced or substantially repaired on the premises, no stock-in-trade shall
be displayed, stored or sold on the premises. "Substantially repaired" shall be deemed to
include only repairs adding 100% to the value of the article.
(6) No outside storage, display or sales of equipment, materials or stock-in-trade related to the
business shall be allowed.
(7) Signs shall be limited to those allowed for home occupations in the zoning district where
located.
(8) Off-street parking and loading for the use shall be in accordance with the provisions of Article
VIII, Community Design, in addition to that required for the dwelling unit, and shall not be
located in any required yard.
(F) Dwelling, Mobile Home.

(1) Permanent mobile homes shall be allowed anywhere that single-family dwellings are allowed
in A Agricultural Zoning Areas in Rappahannock County and the C Conservation District,
provided that all such structures shall:
(i) Be placed on a permanent foundation; and
(ii) Be skirted completely such that no light shall see through the foundation.
(G) Additional standards for accessory dwelling units (ADU).
(1) Such use shall contain not more than 1,200 square feet of living space. If such living space is
in a structure (other than an otherwise permitted single-family home) that includes other
accessory space, then it must be served by a separate entrance to the outside of the structure
in which it is contained, and there can be no access connection between the ADU and the
balance of the structure. Such use may be in a separate building constructed specifically for
the use. Further, excluding renovation of existing structures, no such ADU shall be more than
200 feet from the main residence, except upon a written finding by the BZA, to be recorded
in the permit, that exceptional topographic conditions exist on the site (or that a negative
impact on adjacent properties may be mitigated), such that varying this limit shall not act to
the detriment of the public interest, upon which finding the BZA may grant such separation as
it deems appropriate. No ADU shall utilize a separate entrance to the property unless such
entrance is already in existence. In no case shall accessory space be converted to residential
occupancy, and the BZA is empowered to impose such conditions as will render such
conversion unlikely, including but not limited to floor plans, means of ingress/egress, etc.
(2) There shall be no more than one accessory dwelling unit per separate parcel of land.
(H) Additional standards for repair shops.
(1) Such use shall comply with the provisions for home occupations above.
(2) Such use shall be conducted within the dwelling or within a separate structure not exceeding
one story or 1,000 square feet in gross area and should generally be located to the rear of the
dwelling.
(3) Adequate off-street parking shall be specified and provided.
Division 4. Public/Civic/Recreation Use Standards.

Section VII-4-1. Telecommunications.
(A) Purpose and Intent. The purpose of this Section is to establish rules for the siting of personal
wireless services facilities. It is the intent of this Section to:
(1) Achieve the most efficient provision of wireless service and utilization of facilities possible.
(2) Foster competition with minimum duplication of facilities and the attendant extra cost to
service providers, co-users, the County and the consumer.
(3) Minimize adverse effects on the community and the land.
(B) It is further the intent hereof to evaluate any site proposed facilities in the context of other
existing and planned facilities so that a comprehensive plan for the provision of wireless service

may be developed and implemented. In furtherance of this purpose and intent, the following
goals, policies and standards are established:
(1) To locate and design facilities so they will have the minimum adverse impact on public safety.
(2) To encourage the use of existing facilities rather than the construction of new facilities.
(3) To encourage the joint use of new and existing facilities.
(4) To locate facilities in areas, and in such a manner, as to minimize their adverse impact on the
creation of a convenient, attractive and harmonious community, and on property values,
tourism, agricultural and forestal lands, and the existing use and character of land;
(5) To evaluate facilities as part of a comprehensive plan to provide wireless communications and
avoid the piecemeal construction of redundant facilities.
(6) To maintain accurate information on the location, use and responsible entity for all wireless
telecommunications facilities in Rappahannock County.
(C) General Provisions. No antenna, nor antenna support structure, for wireless telephone, radio,
television, microwave or any other wireless communications, nor related facilities or structures
shall be permitted in Rappahannock County except:
(1) As allowed by this Section;
(2) Antennas and their support structures for over-the-air television reception;
(3) Satellite dishes for personal use;
(4) Noncommercial amateur radio antennas and antenna support structures, not to exceed 50
feet in height;
(5) Antennas affixed to vehicles;
(6) Citizen-band antennas and antenna support structures not to exceed 50 feet in height; or
(7) Such antennas, antenna support structures and related communications facilities or
structures as are legally in place as of the effective date of this article, provided that, to the
extent such facilities are in violation of the provisions of this article, they shall constitute
nonconforming uses and/or structures.
(8) Nothing in this Section shall have the effect of prohibiting or regulating:
(i) Hand-held devices for receiving or transmitting electromagnetic signals, including
personal wireless telephones, pagers and walkie-talkies.
(ii) GPS receivers.
(iii) Radio transmitting and receiving devices, including televisions, and their related antennas,
located in or on motor vehicles.
(iv) Transmissions through wires or fiber optic cables.
(D) General Requirements for all Personal Wireless Service Facilities. Restrictions on personal wireless
services facilities. Personal wireless services facilities are permitted in Rappahannock County only
as authorized by this Section. No personal wireless services facilities, whether now existing or

hereafter approved, shall be expanded, extended or modified without compliance with this
Section.
(1) Height restriction. No personal wireless services facilities shall exceed 199 feet in height, or
such height as would require on-structure lighting by federal law, whichever is less.
(2) Existing antenna support structures. New antennas are permitted by-right on antenna support
structures which are lawfully in existence as of the effective date of this article with no
increase in height and provided that no horizontal member added to the antenna support
structure to support antennas extends more than five feet from the antenna support
structure. An area extending 10 feet from the base of the antenna support structure is allowed
for the placement of equipment. Prior to placing such antennas, the facilities must be
registered with the Zoning Administrator, who may require the submission of any information
required in a use permit application.
(3) Zoning districts in which facilities are permitted. Personal wireless services facilities may be
located in any zoning district so long as all provisions of this Section are satisfied; provided
that all buildings, fences, etc., constructed or modified as part of the facilities are governed by
the general zoning law. For example, if a barn were to be constructed to house facilities, it will
be allowed in such zoning districts as allow barns, and all buildings shall meet normal setbacks
and other requirements of the general zoning laws.
(E) Personal Wireless Services Facilities Use Permits. No personal wireless services facilities shall be
located or placed in Rappahannock County, nor shall construction of any such facilities or any site
access road begin, without a personal wireless services facilities use permit ("use permit") and a
building permit.
(1) Standards for issuance of use permits. A use permit may be issued by the Board of Supervisors
by special exception after receiving the recommendation of the Planning Commission. In
evaluating each application for a use permit, the Planning Commission and Board shall
consider:
(i) The impact of all proposed facilities on public health, safety and welfare, including danger
from structural failure, electrical shock and unauthorized access, as well as benefits to
public safety organizations, provision of communications in times of natural disaster and
the provision of health-related and emergency services.
(ii) Whether the application maximizes the use of existing facilities.
(iii) Whether the application promotes the joint use of proposed and existing facilities.
(iv) The impact of the proposed facilities on the creation of a convenient, attractive and
harmonious community and on property values, tourism, agricultural and forestal lands
and the existing use and character of land.
(v) Whether the applicant has provided a comprehensive plan to provide wireless
communications and avoid the piecemeal construction of redundant facilities.
(vi) Whether the applicant proposes to take reasonable steps to minimize the visual impact
of facilities.

(vii) Whether the application is in proper form and complete.
(viii) Whether the applicant has demonstrated it is, or will be, in compliance with all
performance standards set forth in this Section.
(ix) Whether the applicant has demonstrated it is responsible, has honored its commitments
to other jurisdictions with respect to the permitting, construction, operation,
maintenance and removal of its facilities and has the ability to perform and comply with
all terms and conditions applicable to the use permit it seeks.
(2) Terms and conditions applicable to use permits. The Board may make any use permit subject
to such terms, safeguards and conditions as may be necessary to ensure compliance with this
article, or which will minimize the adverse impact of proposed or existing facilities on the
goals, policies and standards established by this article. Such terms, safeguards and conditions
may include restrictions on dimensions; the number, appearance and location of facilities; and
the type of antenna support structure to be located at a particular site, provided that such
restrictions shall not have the effect of prohibiting wireless service or discriminating between
service providers.
(i) Acceptance of the use permit by the permit holder shall constitute its agreement to pay
all court costs, expenses, legal and expert's fees incurred by the County to enforce the
terms of this article or the use permit or any state or federal law applicable to the
permitted facilities. This provision shall apply whether the enforcement is necessary
against the permit holder or against a co-user whose use of facilities derives from the use
permit issued to the permit holder.
(ii) As a condition of every personal wireless services facilities use permit, the permit holder
agrees to defend, indemnify and hold harmless the County of Rappahannock, its officials,
agents and employees against any and all judgments, suits, actions, claims, demands,
rights of action and causes of action for injury to person or property, including death,
which may arise from the use of any facilities or property placed, located or constructed
in Rappahannock County pursuant to the personal wireless services facilities use permit.
The County may require liability insurance naming the County as an "also insured" in such
amount as may reasonably protect the County from potential liability due to any act or
omission of the permit holder.
(iii) Collocation. A use permit may require the permit holder to allow the collocation of
antennas and related equipment owned by other persons or entities on its antenna
support structures consistent with federal law and the design parameters of the support
structures and may require co-use of any other facilities, including roads and buildings,
where practicable. The permit holder shall be entitled to reasonable compensation from
such co-user and may not discriminate between co-users, it being the intent of this
provision to foster fair competition among service providers, improve efficiency and
provide service to the largest feasible number of users.
(iv) Public safety use. A use permit may require the permit holder to allow the collocation of
antennas and related equipment owned by the County of Rappahannock, the Virginia
State Police, the Sheriff of Rappahannock County and any fire company or rescue squad

located in Rappahannock County (these organizations are sometimes referred to as
"public safety organizations"), on its antenna support structures consistent with federal
law and the design parameters of the support structures, and may require co-use of any
other facilities, including roads and buildings, where practicable. For the purposes of this
subsection, facilities placed by any of the enumerated entities are not limited to personal
wireless services facilities but may be any type of wireless facilities.
(v) Bonding. The County shall require as a condition of the issuance of a use permit the
posting of a bond, cash or irrevocable letter of credit in sufficient amount and with
sufficient sureties to ensure the performance of the permit holder's obligations under the
use permit and this article. Such bond shall be of sufficient amount to pay for the removal
of all personal wireless services facilities when so required either under this article or the
use permit. This bond may be used by the County to pay, or to reimburse itself, for the
cost to remove facilities at any time facilities removal is provided for under this article, or
the use permit, and the permit holder does not perform the removal itself within any time
period specified. Cost of removal shall include the cost of disposing of the facilities. The
County shall be under no obligation to attempt to sell or salvage any of the facilities. If the
bond is insufficient to cover the removal cost, the permit holder shall be liable to the
County for the difference. The permit holder is also liable to the County for any legal fees
or court costs necessary to enforce the bond and/or to satisfy any deficiency.
(vi) The County, upon reasonable notice to the permit holder, shall have the right to inspect
any facilities for compliance with use permit conditions and this article.
(vii) Annual report. Every use permit holder shall submit a report to the Zoning Administrator
by no later than July 1 of each year:
(a) That it is in compliance with the terms of the use permit and this article; and
(b) Stating the names, addresses and telephone numbers of all persons or entities who
have the right to use or co-use the facilities, and providing all FCC licenses or permits
applicable to any persons or entities who use the facilities; provided that if such
information is already filed with the County, it will be so indicated, and the same
information need not be filed again.
(viii) If facilities require periodic inspection by the FCC, the results of such inspections, including
any violation notices, will be filed with the County upon receipt by the permit holder.
(3) Use permits for facilities located on County property or operated by the County. If any
personal wireless services facilities are proposed to be located on property owned by the
County of Rappahannock, or if the County is the applicant, the applicant shall proceed in
accordance with the procedures set forth herein for the type of facilities proposed, and the
Zoning Administrator shall forward a copy of the application to the Planning Commission;
however, the Planning Commission is not required to make a recommendation, hold a public
hearing or otherwise act on the application and the Board may proceed without such
recommendation, provided that this shall not prevent the Planning Commission from making
a recommendation or appearing as a party before the Board. All advertisement and notice

requirements shall apply to the proceedings before the Board, and the Board shall hold a
public hearing on the application and proceed as on any other application.
(4) Use permits nonassignable.
(i) A personal wireless services facilities use permit is not assignable except:
(a) In the event of the merger, buy-out, spin-off, reorganization, dissolution or
restructuring of the permit holder, or any subpart or division thereof which uses the
facilities under the use permit, the resulting entity may apply to the Zoning
Administrator for a transfer of the use permit. A mere change of name shall not
require a transfer, but the County shall be notified of same, in writing; or
(b) In the event a person or entity co-using facilities under the use permit, or under a
separate use permit, desires to become the permit holder.
(ii) A transfer fee of $300 shall be paid by the person or entity seeking the transfer. Upon
receiving a request to transfer a use permit, the Zoning Administrator shall require any
parts of the original use permit application which are no longer accurate to be corrected
and shall review compliance with use permit conditions and this article. Any transfer shall
be conditioned upon any deficiencies being satisfied. If the applicant for transfer satisfies
the foregoing, the use permit shall be transferred to the applicant, who shall then be the
permit holder. An applicant may request that only part of the facilities be transferred to
it, in which case the use permit shall so reflect; provided that the Zoning Administrator
shall not be required to approve such a partial transfer until provision is made for the
removal or use of facilities not included under the use permit as transferred. The transfer
contemplated by this subsection shall not act to relieve the original permit holder from
obligations imposed on it by the use permit or this article upon which it was required to
act as of the time of transfer of the use permit. Specifically, no transfer shall relieve the
original permit holder from the requirement to remove facilities no longer in use and not
transferred to the new permit holder, nor relieve it from payment of any sums due the
County, nor cause the release or discharge of any bond; provided that the Board may
release the original permit holder from such requirements if they are assumed by the new
permit holder, or some other person, in a manner satisfactory to the Board.
(5) Verification of permit holder. At any time during the term of a use permit, the Zoning
Administrator may make written request to the permit holder to certify, in writing, within 60
days that it is still doing business as the same entity to which the use permit was issued, to
verify its address and a contact person and that there has been no attempt to assign or
transfer the permit. If the applicant does not comply, the Board may institute proceedings in
accordance with Article III, Permits and Applications, to revoke the use permit.
(6) A use permit shall restrict the use of the facilities to the permit holder and such co-users as
are designated in the use permit. No other person or entity may use the facilities without first
complying with this article and/or the conditions imposed in the use permit. Where facilities
are approved for co-use at the time of issuance of the original personal wireless service
facilities use permit without designating the identity of the co-user, a person or entity desiring
to co-use the facilities shall apply to the Zoning Administrator for a personal wireless services

facilities use permit which may be administratively approved without further review upon a
showing by the co-user that the proposed co-use is in accordance with all permits previously
issued for the facilities and with this article. The filing fee for such a permit is $200, provided
that this fee shall be waived if the applicant is a public safety organization.
(7) Waiver of requirements of Section. In granting a use permit, the Board may waive or reduce
any performance standard or limitation provided in this Section after the public hearing before
the Board if it finds such waiver or reduction shall best advance the goals, policies and
standards of this Section. For antenna support structures located on the property owned or
occupied by a fire company or rescue squad, the Board may allow the collocation of any type
of wireless or radio communication facilities or antennas. Procedural provisions of this article
necessary to obtain a use permit relating to the application process, notice, public hearing and
Planning Commission review may not be waived. Among the factors the Board may consider
are whether the waiver or reduction:
(i) Will enhance the provision of services by public safety organizations.
(ii) Will eliminate or reduce the need for additional or more offensive facilities.
(iii) Will enhance a County-wide plan for the provision of wireless service.
(iv) Is consistent with the existing use of the property and the surrounding area.
(8) Maintenance of facilities. During the term of any use permit, the permit holder shall be
responsible to maintain all permitted facilities in a safe condition and in accordance with all
terms and conditions stated in the use permit or in this article and to comply with all applicable
federal laws and regulations and the Uniform Statewide Building Code. All facilities shall be
maintained so that they function as they were designed, in accordance with any FCC licenses,
and as represented in the use permit application.
(9) Denial of application. If the Board denies an application to place, construct or modify personal
wireless services facilities, the denial shall be in writing and supported by substantial evidence
contained in a written record.
(F) Applications for Personal Wireless Services Facilities Use Permits.
(1) The applicant shall specify the location and capacity of all facilities planned for location in
Rappahannock County, or in any adjacent County from which service may be provided into
Rappahannock County, within the next four years. Although covering multiple sites, only one
filing fee shall be charged. To facilitate a comprehensive approach to facilities siting, the
County may make available to an applicant any information filed with the County in the course
of any use permit application or otherwise, except proprietary information which is exempt
from disclosure under the Virginia Freedom of Information Act. Upon request of the applicant,
and satisfaction of the requirements of this Section, one use permit may authorize the
activities of the applicant and all co-users listed in the application at multiple sites, and thereby
eliminate the need for separate applications and review at a later date.
(2) A filing fee shall accompany each application, calculated as follows:
(i) For each Category 4 facility: $2,000;

(ii) For each Category 1, 2, or 3 facility: $1,500;
(iii) For each Category 5 facility: $50.
(3) All applicants for a personal wireless services facilities use permit must file with the Zoning
Administrator the following information in order for their application to be complete and
proper for consideration:
(i) The name, address and telephone number of the applicant and their agent in Virginia. If
the applicant is other than a natural person, the name, address and telephone number of
a contact person. The applicant shall become the permit holder upon issuance of the use
permit.
(ii) A description of all facilities being requested, their function and location. The same
information shall be submitted as to any facilities planned by the applicant for location in
Rappahannock County, or an adjacent County if the facilities may serve Rappahannock
County, within the following four years.
(iii) The number and type of antennas to be placed on any antenna support structure, whether
by the applicant or a co-user, their frequency, range, dimensions, proposed location on
the antenna support structure and radiated power. A topographical signal propagation
map shall be provided for each antenna. A map shall be provided showing the estimated
true effective service area of each antenna taking into account the transmission range of
the mobile cellular telephones which may attempt to use the antenna. The co-use
capabilities of each antenna support structure shall be provided.
(iv) A map and statement showing how the proposed facilities fit into and complement a
comprehensive plan to provide cellular telephone service, taking into account all other
facilities of the applicant, or to which the applicant has, or may acquire, co-use rights, in
Rappahannock County and all adjoining counties, whether the facilities are existing or
planned within the next four years.
(v) Copies of all necessary permits and licenses required by the federal government for the
construction and operation of the personal wireless services facilities requested. No
person or entity may receive a personal wireless services use permit unless they either
hold a valid FCC license to construct and operated the requested facilities, or they have
an irrevocable written contract with an entity which holds such a license which commits
the license holder to use the requested facilities to provide personal wireless services in
Rappahannock County; provided, if such material is, in the opinion of the Zoning
Administrator, too voluminous, the applicant may submit only such portions as are
necessary in light of the facilities requested. If any such license or permit is renewable,
the applicant shall state the time of renewal and the time any public comment period
begins with the FCC relative to such renewal. If the applicant is required by federal law to
file an environmental assessment with the FCC, a copy of the assessment shall be filed
with the application. The applicant shall state the time of any comment period on the
environmental assessment.
(vi) Proof that the facilities requested fall within the definition of personal wireless services
facilities.

(vii) A list of the location and type of all other antenna support structures owned or operated
by the applicant in Virginia, to a maximum of five, and the names, telephone numbers and
addresses of any authorities from which the applicant has obtained permits to construct
and/or operate such structures. If the applicant has ever been notified by any
governmental entity that it was in violation of any permit, law or condition, the applicant
shall provide a copy of such notice and explain the resolution thereof. The applicant may
additionally, at its option, provide the names of other governmental entities as references
to the fulfillment of the conditions of its prior permits.
(viii) If the applicant is a corporation, LLC or partnership, proof of authority to do business in
Virginia, and the name and address of any registered agent. If the applicant is a closely
held corporation, LLC or a partnership, then the names and addresses of all persons who
have an ownership interest. This information must be kept current throughout the term
of the use permit. If the applicant is required to record a fictitious name certificate, a copy
of same shall be filed with the application.
(ix) Written permission from the property owner(s) permitting the personal wireless services
facilities to be located on the land shown on the site plan and providing access thereto
and, if requested by the County, copies of all deeds, leases, options, rights-of-way or other
agreements permitting the personal wireless services facilities to be located on the land
shown on the site plan and providing access thereto; provided that the applicant may
excise references to price, rent or other financial terms.
(x) Copies of any lease, option or other agreement with any other individual or entity allowing
the use or co-use of any of the facilities covered by the application, provided that the
applicant may excise references to price, rent or other financial terms. If any such
individual or entity will be using the facilities, or any part thereof, for a purpose which
requires a federal license or permit, or authority to do business in Virginia, then such
individuals or entities shall provide proof of same. The same information shall be
immediately submitted if any written leases, options or agreements concerning the
proposed facilities are entered into while the application is pending or while the use
permit is in effect.
(xi) The applicant shall state whether any of the facilities it is requesting are a public utility
facility or public service corporation facility within the meaning of § 15.2-2232 of the Code
of Virginia.
(xii) The applicant shall demonstrate that its proposed activities meet all FCC standards for
noninterference with out-of-band services. The applicant may comply with this provision
by filing a statement signed by a registered professional engineer, dated no more than 30
days before the filing of the application, which certifies that he/she has reviewed the
specifications for all signal transmitting equipment which the applicant proposes to use in
Rappahannock County and that equipment meets all FCC standards.
(xiii) If the applicant plans to use a generator or other audible equipment in connection with
any of its facilities, it shall specify the steps proposed to abate noise pollution into nearby
residences.

(xiv) The applicant shall demonstrate that it has taken appropriate measures to secure its
facilities against unauthorized access and to be alerted if an unauthorized access is
attempted. A photograph or other visual depiction of any fence to be used shall be
submitted with the site plan.
(xv) The applicant shall demonstrate that there are no delinquent real estate taxes on any land
on which facilities will be located.
(4) The person signing the application certifies:
(i) He/she has authority to do so on behalf of the applicant and to bind the applicant and any
co-users specified in the application to all conditions of the personal wireless services
facilities use permit, provided that the County may require appropriate corporate
resolutions or other assurances from an applicant if deemed necessary to ensure
compliance with permit conditions.
(ii) The applicant has reviewed the Rappahannock County Zoning Ordinance and understands
its obligations hereunder.
(iii) The applicant has provided a copy of this Section to all persons or entities who intend to
use the facilities or who own land on which facilities will be located.
(5) Amendments to applications.
(i) The applicant may amend its application at any time prior to the public hearing before the
Board for the following purposes:
(a) To provide information requested by the Planning Commission.
(b) To include additional facilities' sites not available to it at the time the application was
filed in order to provide a more comprehensive plan or offer alternatives to the Board.
(c) To include co-users obtained since the application was filed.
(d) To correct typographical/clerical errors.
(e) To correct information which has changed since the application was filed.
(ii) If any amendment, in the opinion of the Board, substantially changes the application from
that which was advertised for public hearing before the Board, such as to request
different, additional, larger or expanded facilities or facilities which may have a more
negative impact on any of the goals and standards of this article than what was advertised,
the Board shall either refer the amended application back to the Planning Commission for
its recommendation or table the application. If the application is referred to the Planning
Commission, it shall proceed with notice and hearing requirements as on an original
application, as shall the Board upon receiving the recommendation of the Planning
Commission; provided that the mailing of notice shall be required only to property owners
within a one-mile radius of any antenna support structures which were added to the
application or the height of which were increased by the amendment, unless the Board
determines that because of the extent of the amendment the mailing should also include
some or all of the property owners notified at the time of the original application.

(iii) If the application is tabled, the Board shall readvertise the amended application to give
notice in accordance with § 15.2-2204 of the Code of Virginia prior to holding a public
hearing, provided that the mailing of notice shall be required only to property owners
within a one-mile radius of any antenna support structures which were added to the
application by the amendment or the height of which were increased by the amendment,
unless the Board determines that because of the extent of the amendment the mailing
should also include some or all of the property owners notified at the time of the original
application. The Board shall undertake to hold the public hearing at its next regular
monthly meeting after all notice/advertisement requirements of law can be met or on
such later date as the applicant and Board agree.
(iv) Any delay attributable to the amendment shall be deemed to be at the applicant's
request. Any additional advertising or other costs shall be paid by the applicant. The
applicant shall also be responsible for the cost of any technical review necessitated by the
amendment.
(6) Notice of application for proposed facilities. Under the authority of § 15.2-2206 of the Code
of Virginia, the applicant shall, at its expense, give all notices required by § 15.2-2204A and C
with respect to any public hearing before the Planning Commission and the Board. An
application shall be treated in the same manner as an ordinance for advertisement purposes
under § 15.2-2204A, and as an application for a special exception for the purposes of § 15.2-
2204C. In addition, the applicant shall give notice by first class mail in the form described
below to all landowners contiguous to any property where Category 1, 2, or 3 facilities are
proposed to be located, and to all landowners within one mile of any proposed Category 4
facility, unless the landowner has signed a waiver of notice. The Zoning Administrator shall
provide the applicant with the names and mailing addresses of such owners as they appear
on the Tax Map and index thereto. The applicant shall provide the County with the certification
of notice and mailing list required by § 15.2-2206 at least five days prior to any hearing. The
notice to be mailed to property owners shall contain, at a minimum, the following:
(i) The name, address and telephone number of the applicant and of a contact person who
can answer questions.
(ii) That the applicant is requesting from the County a permit to construct and place certain
wireless communications facilities at a specified location(s) in Rappahannock County. The
applicant shall specify the locations of any antenna support structures by reference to
bearings and distances from at least two public road intersections, and the name of the
property owner(s) on whose property the antenna support structures are to be located.
(iii) A description of the facilities being proposed, including roads, and the height and nature
of any structures, including antenna support structures.
(iv) The date, time and place of any public hearings on the application.
(v) That comments on the application may be made in person at any public hearing or in
writing to the applicant or the Zoning Administrator. All such written comments received
shall be made a part of the record at the public hearing next following their receipt.

(vi) That a complete copy of the application is on file for review at the office of the Zoning
Administrator and at a place designated by the applicant, and the hours during which it
may be reviewed.
(vii) That the application may be amended by the applicant at any time before the public
hearing by the Board. If the amendment, in the opinion of the Board, substantially changes
the application from that which was advertised for public hearing, such as to request
different, additional, larger or expanded facilities, or facilities which may have a more
negative impact on any of the goals, policies and standards of the Telecommunications
Ordinance than what was advertised, the Board may either refer the amended application
back to the Planning Commission for public hearing and its recommendation, to be then
returned to the Board for readvertisement and public hearing prior to any action by the
Board; or it may table the application and readvertise the amended application for public
hearing by the Board. In either event, you may not receive further notice by mail, but any
additional public hearings will be advertised in the Rappahannock News. Any amended
application will be on file in the same manner as the original application.
(7) Right of entry.
(i) By applying for a personal wireless services use permit, the applicant agrees that
representatives of the County, including members of the Planning Commission and the
Board of Supervisors, may come upon any property proposed for construction of facilities
in order to make such inspections and measurements as may be reasonably necessary to
ensure compliance with this article or to evaluate a permit application. Further, the
applicant shall secure the permission of any property owners for the same purpose, if
necessary. Upon request of the applicant, such entry shall be made at prearranged times.
(ii) By accepting a personal wireless services use permit, the applicant agrees that
representatives of the County may come upon any property approved for the
construction of facilities in order to make such inspections and measurements as may be
reasonably necessary to ensure compliance with, and to enforce, this Section. Further,
the applicant shall secure the permission of any property owners for the same purpose, if
necessary. Upon request of the applicant, such entry shall be made at prearranged times,
except in cases of emergency.
(G) Termination of Use Permit.
(1) A personal wireless services facilities use permit shall automatically terminate, without the
necessity of further action by the County, when the permit holder no longer has the necessary
FCC licenses or permits to operate its facilities or upon the expiration of any time limit stated
in the use permit.
(2) A personal wireless services facilities use permit may be revoked or modified upon a finding
by the Board of the failure of the permit holder, or any person or entity whose use is
authorized by the use permit, to comply with a term or condition of the use permit or of this
article. Initially, the permit holder shall be given written notice from the Zoning Administrator
which specifies:
(i) The noncompliance;

(ii) The action necessary to remedy the noncompliance; and
(iii) The date by which remediation must occur, which date may be no sooner than 60 days
from date of posting of the notice; provided that, if the noncompliance creates an
imminent danger to person or property, the remediation must occur within 7 days of
posting.
(3) If remediation does not occur within the time specified, the Board shall give notice and
conduct a hearing prior to terminating the use permit. The Board shall follow the procedures
provided by § 15.2-2309(7) of the Code of Virginia, but the Board reserves unto itself sole
authority to revoke a use permit.
(4) Voluntary relinquishment of permit. In the event a permit holder wishes to voluntarily
relinquish its permit and be relieved from responsibility under this article, it may do so, and,
upon removal of all facilities in accordance with Article III, Permits and Applications, any bond
shall be returned or released; provided that no permit holder shall be able to relinquish its
permit without the consent of all co-users of the facilities.
(5) In the event that the permit holder desires to discontinue use of an antenna support structure
located on property owned by a fire company or rescue squad which supports antennas used
by public safety organizations, the permit shall be transferred to said company or squad which
shall then become responsible for the obligations of the permit holder under this article,
including the removal of the antenna support structure when all use of same is discontinued.
Prior to authorizing transfer of the permit, the parties shall satisfy the County that satisfactory
arrangements have been made to ensure the financial responsibility for the removal of any
antenna support structure upon discontinuance of all use. The transfer fee shall be waived.
(6) In the event that the permit holder desires to discontinue use of an antenna support structure
located on property other than that owned by a fire company or rescue squad, which antenna
support structure supports antennas used by public safety organizations, the permit shall be
transferred to such public safety organization, or organizations collectively if there is more
than one, who shall then become the permit holder. In the alternative, the permit may be
transferred to such person or entity as is directed by all remaining users of the antenna
support structure. Prior to authorizing transfer of the permit, the parties shall satisfy the
County that satisfactory arrangements have been made to ensure the financial responsibility
for the removal of any antenna support structure upon discontinuance of all use. The transfer
fee shall be waived. Any public safety organizations which anticipate they may desire to
continue the use of an antenna support structure after the term of the lease between the
permit holder and the landowner must make an agreement directly with the landowner; the
County cannot require a private party to accept the continued placement of facilities on
private property.
(H) Performance Standards for all Personal Wireless Services Facilities.
(1) All utilities serving personal wireless services facilities shall be underground, except if utilities
serving preexisting structures are aboveground, then any new utilities may be provided on the
same poles or towers.

(2) All signal transmissions to and from the facilities and a mobile telephone switching office
(MTSO) or a public switched telephone network shall be underground; microwave or other
antennas shall not be used.
(3) No satellite dishes or other microwave antennas shall be attached to antenna support
structures.
(4) Antennas and antenna support structures may exceed the maximum building height
limitations provided in the Zoning Ordinance if they are in compliance with this Section.
(5) Antennas shall be of a material and color which blend with the exterior of any antenna support
structure on which they are located.
(6) No lights, signs or advertising shall be allowed on any facilities, provided that "No Trespassing,"
informational, warning or similar signs are allowed as specified in the use permit.
(7) Upon completion of construction of the facilities, the applicant shall certify to the County the
cost of such facilities, itemized as to each individual structure. The applicant shall also submit
as built drawings and/or plat of survey showing the location and dimension of facilities,
including underground utilities, as actually constructed.
(8) If facilities are located on the roof of a building, the area of the facilities shall not occupy more
than 25% of the roof area and shall be screened with compatible materials.
(9) All facilities shall be constructed in accordance with the Rappahannock County Erosion and
Sediment Control Ordinance and the Uniform Statewide Building Code, and all regulations
adopted thereunder.3
(10) All facilities shall be secure against unauthorized access and shall provide a means of alarm if
unauthorized access is attempted.
(I) Additional Provisions Applicable to Category 1 facilities. The following are in addition to the
general requirements stated above:
(1) Site plan. The applicant shall submit photographs or a videotape showing the structure
proposed for use as an antenna support structure. Prior to delivery of the use permit, and
after the installation of the facilities, the Zoning Administrator shall verify either no, or
minimal, external changes to the antenna support structure. A drawing shall be submitted by
a certified land surveyor or professional engineer showing the location of all proposed
underground wires, cables and conduits to and from the antenna support structure. Prior to
delivery of the use permit, an as built drawing shall be provided.
(2) Site access road. If there is no existing road, the Board shall approve the minimum road
necessary in its judgment.
(3) Additional performance standards: none.
(J) Additional Provisions Applicable to Category 2 facilities. The following are in addition to the
3
Editor's Note: See Ch. 98, Erosion and Sediment Control.

(1) Site plan. The applicant shall submit engineering and/or architectural drawings showing the
proposed facilities and the location of all underground wires, cables and conduits. Prior to
delivery of the use permit, an as built drawing shall be provided.
(2) Site access road. If a new road is required, the Board shall determine the type of road after
taking into account existing roads or means of access, frequency of use, potential for erosion,
destruction of trees, foliage and terrain features and visibility.
(3) Additional performance standards: none.
(K) Additional Provisions Applicable to Category 3 facilities. The following are in addition to the
(1) Site plan. The applicant shall submit engineering and/or architectural drawings showing the
proposed facilities, including the location of all underground wires, cables and conduits.
(2) Site access road. If a new road is required, the Board shall determine the type of road after
taking into account existing roads or means of access, frequency of use, potential for erosion
and destruction of trees, foliage and terrain features and visibility.
(3) Additional performance standards. Care shall be taken to match compatible materials,
textures and colors, and scale shall be in keeping with the surroundings.
(L) Additional Provisions Applicable to Category 4 facilities. The following are in addition to the
(1) Demonstration of need. The applicant shall demonstrate that:
(i) The service to be provided by the requested facilities may not be met by existing or
planned facilities, or an upgrade thereto, or by the use of planned or existing facilities on
which it may collocate. This provision shall apply to facilities in Rappahannock County or
any adjacent County.
(ii) The reasons for selecting the particular site as the location of the proposed facilities.
(2) Site plan. The applicant shall comply with the requirements of Article III, Permits and
Applications, of the Rappahannock County Ordinance, except as may be waived by the Board
as not applicable to the facilities requested; provided that if any provision of this Section is
more restrictive than a corresponding provision of said Article III, Permits and Applications,
then the more restrictive provision shall control. Photo imagery or other visual simulation of
the proposed facilities shall be provided. This simulation shall be provided from a minimum of
three perspectives. The applicant shall address how the facilities can be designed to mitigate
the visual impact on area residents, facilities and roads and shall specifically address the effect
on Virginia byways, scenic highways and historic districts. The applicant shall, at its own
expense, at the request of the Planning Commission or Board of Supervisors, schedule a crane
or balloon to be placed on the site and raised to the maximum height of the proposed facility.
(3) The site access road shall be a Type II subdivision road, unless waived by the Board after taking
into account existing roads or means of access, frequency of use, potential for erosion and
destruction of trees, foliage and terrain features and visibility.
(4) Additional performance standards.

(i) Personal wireless services facilities shall not be located within a one-hundred-year
floodplain nor shall their construction cause significant changes in surface features, such
as wetland fills, deforestation or water diversion.
(ii) All buildings shall comply with the setbacks applicable to the zoning district in which they
are located.
(iii) The proposed facilities shall be as compatible as possible with development in the vicinity
with regards to the setting, color, topography, materials and architecture. In addition, the
facilities should be located in the interior of the property, and areas of existing vegetation
shall be used to screen the facilities.
(iv) All Category 4 antenna support structures shall be designed to accommodate at least
three co-users unless the applicant can demonstrate:
(a) Doing so would create an unnecessary visual impact on the surrounding area; or
(b) No additional need is anticipated for any other potential user in the vicinity; or
(c) There is some valid economic, technological or physical justification as to why
collocation is not possible; or
(d) The antenna support structure (exclusive of the lightning rod) shall be located so that,
as built, it does not extend more than 20 feet above the surrounding tree canopy. It
is the intent of this provision to allow surrounding trees to act as a visual buffer for
the support structure, and therefore the applicant shall demonstrate that it has
control over the cutting of such trees as it proposes as a buffer.
(v) The applicant shall identify the conditions under which future collocation by other service
providers is permitted.
(vi) All antenna support structures shall meet the requirements of ANSI/EIA-222-F or any
subsequent successor to this standard.
(vii) This provision is intended to provide for the public safety in the event of antenna support
structure collapse, and from falling ice and/or attachments. If the facilities include an
antenna support structure in excess of 50 feet in height, other than a building, there shall
be established for any such antenna support structure a circle, the center of which
coincides with the antenna support structure, and the radius of which is equal to 110% of
the height of the antenna support structure. This circle shall be known as the "antenna
support structure setback" ("setback"). All facilities or structures located, or planned to
be located, within the setback shall be shown on the site plan. The property owner may
erect additional structures, or modify existing structures, within the setback at his/her
own risk. Nothing shall prevent agricultural and farming operations in the setback. It is not
necessary that the applicant lease or acquire the property within the setback, but the
setback shall be completely contained within the property of the property owner, and
shall not extend onto property of any third party.
(viii) Any buildings which are part of the facilities shall not contain more than 260 square feet
of total gross floor area; provided that the approving authority may allow such additional
floor area as is necessary to accommodate the equipment of any co-user of the facilities.

All co-users shall use the same building unless they can demonstrate the necessity of
separate buildings for equipment placement or unless, in the opinion of the Board,
separate buildings are more appropriate to achieve the goals, standards and purposes of
this Section. All such buildings shall meet the setback standards for the zoning district in
which they are to be located. Structures shall not exceed 12 feet in height. The building
shall be of a material or color which matches the exterior of any surrounding buildings or
structures. All buildings shall have a roof with a pitch of no less than 4 to 12. Applicants
are encouraged to place all equipment underground, in which case none of the provisions
of this subsection shall apply.
(ix) Facilities shall be landscaped with a mix of hedge and trees to screen structures from
adjacent properties and public roads. The standard buffer should consist of an area 10
feet in width outside of any fenced area. This requirement may be reduced or waived if
the applicant can show sufficient natural buffer. Existing tree growth and natural land
forms on site shall be preserved to the maximum extent possible. Existing trees shall not
be removed, except as may be necessary to permit construction of the facility, including
vehicular access, to protect safety of persons or facilities, or to eliminate degradation of
signal transmission and reception. The applicant shall show on the site plan the area in
which trees will be removed and which will be landscaped. In lieu of installation of the
landscape materials prior to issuance of a use permit, the applicant may post a bond
acceptable to the County conditioned upon satisfactory installation of the landscaping
proposed on the site plan.
(x) The permit holder shall be responsible for the maintenance, repair and replacement of all
required landscape materials, screening, fences, walls and buffering. All plant material
shall be tended and maintained in a healthy growing condition, replaced when necessary
and kept free of refuse and debris.
(M) Provisions Applicable to Category 5 facilities. The following requirements apply to Category 5
facilities only:
(1) Category 5 facilities shall meet only the following requirements for administrative permit
approval notwithstanding any other requirements of this Section to the contrary:
(i) No special exception permit shall be required. An administrative zoning permit is required.
(ii) The facility shall not be located within 1,000 feet of a primary highway.
(iii) The facility shall be camouflaged to suit the location and be nonreflective.
(iv) Tower lighting is prohibited.
(v) Facilities shall not be located within a 100-year floodplain. Construction of these facilities
may not significantly alter existing surface features. Facilities shall not be constructed on
wetland fills. Construction of a facility shall not cause water diversion and shall not require
significant deforestation.
(vi) In lieu of a site plan, the applicant shall submit a scaled plot plan showing the facility
location relative to all parcel boundaries. The facility shall be located so its fall zone is
contained within the parcel upon which the facility is constructed. The fall zone of the

facility shall consist of a radius equal to or greater than 110% of its height as measured
horizontally from the base of the facility. A shorter fall zone radius may be approved if
there is included in the permit application a notarized statement or statements from the
owner(s) of any affected adjacent parcel(s) stating that the owner(s) of the affected
adjacent parcel(s) have no objection to a shorter radius fall zone.
(vii) Drawings showing the proposed facilities, including the location of all underground wires,
cables, conduits, and dimensions of microwave dishes must be provided.
(viii) If the tower is not used for public safety or broadband uses for a period of two years, the
permittee shall remove all facilities (tower and appurtenances).
(N) Removal of Facilities. All above-ground Category 4 personal wireless services facilities shall be
disassembled and removed from the site within 90 days of the discontinuance of the use of the
antenna support structure, provided that buildings may remain unless their removal is required
by the use permit. This provision shall not be applicable until all users discontinue use of the
antenna support structure. For the purpose of this Section, "discontinuance" shall mean no
permitted use of an antenna support structure, or no valid permit holder, for a period of six
consecutive months. Removal may be required of all facilities covered by a particular use permit,
or certain facilities may be allowed to remain if they are part of an integrated system still in use,
as for example, underground cables or electronic equipment serving multiple sites; provided that,
in such event, the use permit shall be amended to allow only such joint use facilities.
(O) Collapsed Antenna Support Structures. All above-ground Category 4 personal wireless services
facilities shall be disassembled and removed from the site within 90 days of the discontinuance
of the use of the antenna support structure, provided that buildings may remain unless their
removal is required by the use permit. This provision shall not be applicable until all users
discontinue use of the antenna support structure. For the purpose of this Section,
"discontinuance" shall mean no permitted use of an antenna support structure, or no valid permit
holder, for a period of six consecutive months. Removal may be required of all facilities covered
by a particular use permit, or certain facilities may be allowed to remain if they are part of an
integrated system still in use, as for example, underground cables or electronic equipment serving
multiple sites; provided that, in such event, the use permit shall be amended to allow only such
joint use facilities.
(P) Notice. Any notice or request required to be given or sent to an applicant or permit holder,
whether under this Section or a use permit, or required by any other law, shall be deemed given
as of date of posting, by certified mail, to such address as is given by the applicant in its permit
application, or any subsequent amendment thereto, or in the use permit, whichever address is
most recent in date. The County shall not be required to give notice to any facility co-users or
landowners, it being the duty of the permit holder to keep all such persons informed of any notice
or request by the County. Actual notice, by whatever means received, shall also be sufficient.
(Q) Planning Commission to be Reviewing Authority. On any application for personal wireless services
facilities, pursuant to § 15.2-2232F of the Code of Virginia, the Planning Commission's decision
shall comply with the requirements of the Federal Telecommunications Act of 1996. Failure of
the Commission to act on any such application within 90 days of such submission shall be deemed
a recommendation of approval of the application by the Commission unless the Board of

Supervisors has authorized an extension of time for consideration or the applicant has agreed to
an extension of time. The Board may extend the time required for action by the local Commission
by no more than 60 additional days. If the Commission has not acted on the application by the
end of the extension, or by the end of such longer period as may be agreed to by the applicant,
the application is deemed approved by the Commission; provided that nothing herein shall have
the effect of removing final approval authority from the Board of Supervisors, the approval by the
Planning Commission being a recommendation.
(R) Roll Back Taxes. Pursuant to § 58.1-3237 of the Code of Virginia, any property which has qualified
for special assessment under Article 4, Chapter 32, Subtitle III of Title 58.1 of the Code of Virginia
(land-use taxation), which is leased or conveyed for the placement of Category 4 facilities shall
be subject to roll-back taxes as therein provided, the placement of said facilities being deemed a
change in use. The placement of Category 1, 2, 3, or 5 facilities shall not be deemed a change in
use. All roll-back taxes must be paid before any use permit may issue.
(S) No Private Right of Action Created. No provision of this Section shall be construed to create a
right of action in any third party against the County to cause it to enforce any provision of this
Section or to perform any act which is discretionary.
(T) Right of Appeal. Any person aggrieved by a decision of the Zoning Administrator may appeal such
decision in accordance with the provisions of § 15.2-2311 of the Code of Virginia. Any person
aggrieved by a decision of the Board may appeal such decision in accordance with the provisions
of § 15.2-2285F. of the Code of Virginia.
Section VII-4-2. Category 2: Community, Educational and Institutional Uses.

In addition to the general standards set forth in Article III, Permits and Applications, the following
standards shall be complied with in Category 2, Community, Educational and Institutional Uses:
(A) Standards for all community uses.
(1) No off-street parking or loading spaces shall be located within any required yard or within 25
feet of any lot line in any resource preservation or residential zoning district.
(2) In all residential districts, all off-street parking and loading areas and all swimming pools and
tennis courts shall be effectively screened.
(3) No community use shall be operated on a profit-making basis, and the owner of the facility
shall be a nonprofit organization or governmental agency.
(B) Standards for all educational uses. All off-street parking and loading areas, swimming pools and
tennis courts and similar facilities shall be effectively screened and shall not be located in any
required yard in all residential and resource preservation zoning districts.
(C) Additional standards for all educational uses other than preschool/day-care centers/nursery
schools.
(1) No structure used for or in conjunction with the use shall be located within 100 feet of any
adjoining property which is in a residential or resource preservation zoning district.
(2) The site shall have the minimum lot width for the district where it is located.

(3) All off-street parking and loading areas, swimming pools and tennis courts and similar facilities
shall be effectively screened and shall not be located in any required yard in all residential and
resource preservation zoning districts.
(4) School uses in commercial zoning districts shall have such setbacks as the BZA or governing
body may stipulate as necessary to protect the public health and safety.
(D) Additional standards for preschool/day-care centers/nursery schools.
(1) In addition to complying with the minimum lot size requirements of the zoning district in which
located, the minimum lot area shall be of such a size that 100 square feet of usable outdoor
recreation area shall be provided for each child that may use the space at any one time. Such
area shall be delineated on a plat submitted at the time the application is filed. For the purpose
of this provision, usable outdoor recreation area shall be limited to:
(i) That area not covered by buildings or required off-street parking spaces.
(ii) The area outside the limits of the required front yard.
(iii) Only that area which is developable for active outdoor recreation purposes.
(2) All outdoor recreation areas shall be fully fenced.
(E) Additional standards for primary schools, secondary/advanced schools and technical schools
(indoor).
(1) In addition to complying with the minimum lot size requirements of the zoning district in which
located, the minimum lot area for a private school of general education shall be of such size
that:
(i) Two hundred square feet of usable outdoor recreation area shall be provided for each
child in grades kindergarten through three that may use the space at any one time;
(ii) Four hundred thirty square feet of usable outdoor recreation area shall be provided for
each child in grades four through 12 that may use the space at any one time.
(2) Such usable outdoor recreation area shall be delineated on a plat submitted at the time the
application is filed. For the purpose of this provision, usable outdoor recreation area shall be
limited in the same manner as Section VII-4-2 (D)(1).
(3) All outdoor recreation areas shall be fully fenced.
(F) Additional standards for technical schools (outdoor).
(1) The minimum lot size requirement shall be five acres.
(2) In the consideration of an application for such a use, both safety and such factors as noise,
vibration, dust and appearance shall be taken into account and appropriate conditions shall
be imposed with respect thereto.
(G) Additional standards for dormitories, etc.
(1) Facilities accommodating more than 25 residents shall be located not less than 100 feet from
any side or rear lot line.

(2) Facilities must be sanctioned or operated by the educational institution which the facility
serves.
(3) In no case shall the density of development, as measured by two-person occupancy units (be
they bedrooms, campsites, cabins, bunk beds in dormitory-style accommodations or other
equivalencies), exceed two units per gross acre.
(H) Standards for all institutional uses. No off-street parking or loading area shall be located within
any required yard or within 25 feet of any lot line in or adjoining a residential or resource
preservation zoning district.
(I) Additional standards for monasteries or similar religious facilities.
(1) Uses proposed in conjunction with places of worship shall be subject to regulations applicable
to such uses (e.g., schools, athletic facilities and such other facilities as determined by the
Zoning Administrator), except that cemeteries and/or residence of the minister, priest, rabbi
or other celebrant shall be allowed as accessory uses.
(2) No structure used for or in conjunction with the use shall be located within 100 feet of any lot
line.
(3) All parking and loading areas, swimming pools and tennis courts shall be effectively screened.
(4) In no event shall the density of development as measured in two-person-occupancy units
(whether in double occupancy rooms, cabins, bunk beds in dormitory style arrangements or
other means) exceed 50 units.
(J) Additional standards for residential care facilities.
(1) In the consideration of an application for such a use, the concentration of such facilities shall
be taken into account to prevent clustering in certain neighborhoods, thereby creating an
institutional setting and changing the area's character and social structure.
(2) In granting a permit for a residential care facility, a maximum number of residents shall be
established not to exceed 25. This limitation shall be based upon but not limited to the
following considerations (as well as the standards as set forth in Article III, Permits and
Applications):
(i) The size of the structure and of the site.
(ii) The location and size of other similar facilities in the neighborhood.
(iii) The density allowed and existing in the area.
(iv) In no case shall the density of development, as measured by two-person occupancy units
(be they bedrooms, campsites, cabins, bunk beds in dormitory-style accommodations or
other equivalencies), exceed two units per gross acre.
(3) In addition to the minimum lot size requirements of the zoning district in which located, the
minimum lot area for a residential care facility shall be of such size that:
(i) Three hundred square feet of usable outdoor recreation area shall be provided for each
resident 17 years of age and younger.

(ii) One hundred fifty square feet of usable outdoor recreation area shall be provided for each
resident 18 years of age and older.
(iii) Such usable outdoor recreation area shall be delineated on a plat submitted at the time
the application is filed. For the purpose of this provision, usable outdoor recreation area
shall be limited in the same manner as Section VII-4-2 (D)(1).
(K) Additional standards for medical care facilities, minor or major. (Nursing facilities with less than
10 beds shall, for the purpose of this subsection, be considered minor; others are major.)
(1) No structure used for or in conjunction with such use shall be located closer than 100 feet to
any lot line in any residential or resource preservation zoning district.
(2) All such uses shall be designed to accommodate service vehicles with access to the building at
a side or rear entrance.
(3) All off-street parking and loading areas shall be effectively screened in any residential or
resource preservation zoning district.
equivalencies), exceed two units per gross acre.
Section VII-4-3. Category 3: Public and Quasi-Public Uses.

Category 3, Public and Quasi-Public Uses, shall be regulated as follows:
(A) Additional submission requirements. In addition to the submission requirements set forth in
Article III, Permits and Applications, all applications for Category 3 public uses shall be
accompanied by a statement from an official of the organization, who shall be present, giving the
exact reasons for selecting the particular site as the location for the proposed facility, including
any alternatives considered.
(B) Additional standards for all Category 3 uses.
(1) For public uses, it shall be concluded that the proposed location of the special exception use
is necessary for the rendering of efficient government services to residents of properties
within the general area of the location.
(2) In or abutting the resource preservation and residential zoning districts, all open off-street
parking and loading areas shall be no closer than 25 feet from any lot line and shall be
effectively screened.
(C) Additional standards for penal/correctional facilities.
(1) The minimum lot size requirement shall be 100 acres.
(2) The facility shall have direct access to a road designated as a primary (or higher).
adjoining property which is in a residential or RR District, nor within 100 feet of such property
in a resource preservation district.

(D) Additional standards for arenas/stadiums. In addition to the general standards set forth in Article
III, Permits and Applications, the following standards shall apply:
(2) The road frontage requirement shall be 300 feet on a designated primary highway.
(E) Additional standards for libraries and public safety facilities. The facility shall have direct access
to a road designated as a primary (or higher) or be within the corporation limits of Washington.
(F) Additional standards for fairgrounds.
(2) The road frontage requirement shall be 300 feet on a road designated as primary (or higher).
adjoining property in a district permitting residential uses.
(G) Additional standards for conference centers. Such facilities shall in no event provide overnight
accommodations. In Resource Preservation Zones, such uses shall provide facilities for groups
within the following sliding scale:
(1) One to 100 persons: 10 acre minimum
(2) One hundred one to 250 persons: 20 acre minimum.
(H) Additional standards for sewage treatment or water purification facility (public or private).
(1) Private sewage treatment facilities shall be allowed only when, in the opinion of the Board,
the public interest is best served by the approval of a central sewerage facility, rather than
through installation of individual private systems, or connection to an existing public central
sewerage system.
(2) Private sewage treatment plants for new subdivisions shall obtain all approvals as required by
the Chapter 147, Subdivision of Land, of the Rappahannock County Code, as well as a special
exception as required under this Ordinance.
(I) Additional standards for electrical generating plant and facilities, renewable energy, utility.
(1) The use shall be allowed only when plants and facilities, including means of interconnection
to the utility grid, do not detract from the agricultural or rural character of the County or its
tourist economy or damage scenic vistas of the County as set forth in the Comprehensive Plan,
with particular attention to the Goals, Principles, and Policies incorporated as Chapter 6, as
well as the Future Land Use Plan, Renewable Energy Operations section incorporated within
Chapter 7.
(2) In approving an application for this use, the Board shall take into account maximum height,
size, and location of requested renewable energy generating facilities in relation to existing
electric transmission lines, and shall include measures designed to screen or otherwise
mitigate the visibility of proposed facilities from sensitive features identified in the
Comprehensive Plan, including VDOT rights-of-way including scenic byways, the Shenandoah
National Park, and/or historic resources (including but not limited to sites designated in the
Virginia Landmarks Register and the National Register of Historic Places). The Board shall also

take into account the protection of wetlands, floodplains, steep slopes, and areas of prime
agricultural soils as designated in the Comprehensive Plan. The views of and vistas from these
locations and adjoining properties must be protected and not be impaired or diminished by
the placement of renewable energy facilities. In determining whether or not to approve or
deny an application, the Board shall analyze the potential impacts from vantage points in the
area, including those at higher elevations, to determine whether or not the proposed site of
such facilities provides the best opportunity to minimize its visual impact on, and distraction
to, people and the environment within its viewshed.
(3) The use is considered a principal use and, notwithstanding the use regulations included in this
Article, on a case-by-case basis, the Board shall impose more stringent yard requirements,
height restrictions, and screening and buffering requirements as it deems necessary and
appropriate to mitigate the visual impact of, and distraction from, the proposed facilities as
necessary to protect the public health, welfare, and safety consistent with the Commonwealth
Energy Policy or other applicable federal, state and local codes, laws, regulations, and
ordinances:
(i) In no case shall the minimum yard requirement be less than 500 feet from all lot lines and
any road(s).
(ii) In no case shall the parcel size be less than 500 acres.
(iii) The installed facilities (solar panels, wind generation equipment, ancillary equipment,
etc.) must be contained within a 100-acre contiguous area.
(iv) The use shall not be located on prime agricultural soils on slopes less than 15%, which
areas are depicted on Map No. 8 of the Comprehensive Plan.
(v) The use shall be on a parcel with at least 200 feet of frontage along a state-maintained
road that has a minimum paved width of 20 feet along the entire length of travel to the
nearest state-maintained primary road. If the use of interconnecting state-maintained
roads is necessary to connect with a primary road, those roads must also have a minimum
paved width of 20 feet.
(4) In addition to the requirements of Article III, Division 6, Site Plans, the following documents
and information must be provided for review:
(i) A narrative identifying the applicant, owner, and operator, and describing the proposed
renewable energy project, including: an overview of the project and its location,
approximate rated capacity of the renewable energy project, the approximate number,
representative types and expected footprint of equipment to be constructed, and a
description of ancillary facilities, including a visual rendering of equipment and ancillary
facilities.
(ii) Project site development and landscape plans demonstrating that the project minimizes
impacts on the visual character of, and distraction to, adjoining land and viewsheds as
stipulated herein.
(iii) Potential impact on wildlife, especially endangered or threatened species, on the site and
in any biologically significant area surrounding the site.

(iv) Potential hazards to adjacent properties, public roadways, communities, and aviation,
etc., and responses to such hazards.
(v) A site plan including the following information and details in addition to the requirements
of Article III, Permits and Applications:
(a) The location and types of off-site electric utility infrastructure upgrades needed to
support the use, including the location and route of off-site electrical cabling required
from the use to the point of interconnection with existing electrical utility cabling and
the locations and routes of existing electrical utility cabling that must be upgraded to
support the use.
(b) The location of fencing and other methods of ensuring public health safety. The
complete perimeter of the use shall be fenced (not within the required yard), which
fence shall be a minimum of eight feet tall and be designed to preclude unauthorized
entry.
(c) Depiction of required screening and buffering in scaled plan and elevation
perspectives. Required screening and buffering may be placed within the established
yards. The Board may accept an existing vegetation protection easement in lieu of
new screening and buffering, in which case the vegetation protection easement must
be provided in a form acceptable to the County Attorney and the area must be clearly
shown on the site plan and a plat attached to the easement.
(d) Representative diagrams, aerial photo superposition maps, ground photographs, and
other similar renderings showing the current and proposed conditions from adjacent
properties, including the critical locations identified in Section VII-4-3 (I)(2).
(e) Proposed location and content of warning signage. Warning signage shall be placed
on solar equipment and facilities to the extent appropriate. Solar equipment shall not
be used for the display of advertising, except for reasonable identification of the
photovoltaic equipment manufacturer or operator of the solar energy facility. All
signs, flags, streamers, or similar items, both temporary and permanent, are
prohibited on facilities and fencing except as follows: a) manufacturer's or installer's
identification; b) warning signs and placards; c) signs that may be required by a federal
agency; and d) signs that provide a twenty-four-hour emergency contact phone
number and warn of any danger. Educational signs providing information about the
project and the benefits of renewable energy may be allowed if a depiction of the
location and content are submitted and approved as part of the site plan.
(5) A decommissioning plan identifying the process through which the site will be returned to
land cover present before the renewable energy plant and facility was built shall be prepared
and submitted with an application. The decommissioning plan shall include the following: 1)
the anticipated life of the project; 2) the estimated decommissioning cost in current dollars;
3) how said estimate was determined; 4) the manner in which the project will be
decommissioned; 5) a surety, in a form acceptable to the County Attorney, sufficient to cover
the cost of decommissioning the renewable energy facility; 6) a detailed inventory of the land
cover present before the permit is granted (preexisting conditions); and 7) detailed

implementation procedures and timelines to remove equipment and return the site to
preexisting conditions. The complete decommissioning plan shall be submitted for review
concurrent with the site plan and shall be re-reviewed by the Planning Commission not less
frequently than once every five years after initial approval. In addition:
(i) The decommissioning surety shall be posted prior to obtaining a land disturbance permit
(LDP) for the project; or in the case of a multiphase project, a separate decommissioning
surety may be submitted prior to land disturbance permitting for each individual phase of
the project.
(ii) The surety shall provide for the regular inspection and certification of facilities to ensure
their compliance with all applicable federal, state, and local codes, laws, regulations, and
ordinances as well as the decommissioning plan.
(a) A required condition of any permit granted for this use shall be the establishment of
a surety in an amount determined by the Board, to secure the decommissioning of
any approved facilities and the restoration of the site upon the termination of the
permit, or once a facility has reached the end of its useful life, becomes obsolete, or
is abandoned for a period of more than one year, whichever is earlier. Surety
provisions shall be applied to the permit to the maximum extent permitted by Code
of Virginia § 15.2-2241.2.
(b) The decommissioning of the facilities shall be guaranteed by surety that may include
certified funds, cash escrow, bond, letter of credit, or parent guarantee, in a form
acceptable to the County Attorney and in an amount determined adequate by the
Board based upon an estimate of a professional engineer licensed in the
Commonwealth of Virginia. The decommissioning plan must include a provision
requiring the periodic review by the Zoning Administrator (not less often than
annually) of the amount of such surety to ensure the amount thereof is adequate,
and/or specify an automatic adjustment formula.
(c) The surety shall be sufficient to indemnify the County if it incurs costs to rectify any
violations of applicable codes, or to remove obsolete or abandoned renewable energy
facilities in the event the applicant, its successors or assigns, fails to comply with any
condition of the permit, which the County may undertake to do if the applicant, its
successors or assigns fail to do so within 90 days of notice from the Zoning
Administrator of a violation of any provision of this Ordinance or any of the permit
conditions imposed by the Board.
(d) Failure of the applicant, its successors or assigns to keep the surety in force and effect
shall be a violation of the permit that renders it susceptible to revocation and
enforcement proceedings as provided elsewhere in this Ordinance.
(6) The maximum term for any permit issued by the Board shall be 20 years.

Division 5. Business Use Standards.
Section VII-5-1. Category 4: Recreation and Amusement.
In addition to the general standards set forth in this Article, the following standards shall apply to
Category 4, Recreation and Amusement:
(A) Standards for all Category 4 uses. No off-street parking or loading space shall be located within
50 feet of any adjoining property which is in a residential zoning district.
(B) Additional standards for country clubs/golf courses, public or private.
(1) The minimum acreage requirement shall be 150 acres, which acreage may not be used to
calculate residential development density. This provision may be waived for golf courses of
less than 18 holes, provided said courses are not accompanied by residential development.
(2) No structure used in connection with the use shall be located closer than 200 feet to any lot
line. In addition, all greens and fairways shall be located no closer than 150 feet from all
adjoining property lines and public road rights-of-way held by the Virginia Department of
Transportation. This provision may be waived for golf courses of less than 18 holes, provided
said courses are not accompanied by residential development and are otherwise designed to
minimize impacts to the adjacent properties and the environment.
(3) The applicant shall prepare and submit groundwater modeling or hydrogeologic data
sufficient to determine groundwater quality and quantity, in order to evaluate the effect of
the proposed use on such supplies. Such evaluation may have as its purpose both an analysis
of present nutrient and pesticide loads on water supplies as well as projections of future
loadings of these materials.
(C) Additional standards for swimming/tennis (racquet) facilities, public or private.
(2) No building used for or in conjunction with the use shall be located within 100 feet of any
adjoining property which is in any residential zoning district.
(D) Additional standards for firing range facilities (indoor or outdoor).
(1) The range shall be designed and constructed so that it is not possible for a shell or bullet to
escape from the range property as a result of firing from the firing line/area. Additionally, the
range shall be designed and constructed so that ricochets cannot escape from the range
property.
(2) Prior to approval of any application by the Board, range regulations must be approved by the
Zoning Administrator.
(3) No portion of the range shall be located closer than 500 feet to any property line; provided,
however, that the Board may increase the distance after taking into consideration the physical
characteristics of the property and the proposed firing range.
(4) Compliance with the requirements of Section VII-5-1 (D)(1) above shall be certified by a
person(s) or firm(s) qualified in the field.

(5) All berms or barriers exceeding five feet in height will be suitably landscaped so that they do
not detract from and are in keeping with the existing character of the surrounding area.
(6) Prior to the issuance of an occupancy permit or final inspection, the applicant shall submit
certified results of safety testing and sound testing showing said results to be in compliance
with this Division and other applicable provisions of this Ordinance. The applicant shall comply
with all performance standards specified in Article VII of this Ordinance.
(7) The owner of the land and the operator, if different from the owner, shall sign a statement
that the range will be operated in accordance with the approved range regulations and
conditions of the permit and that any violation thereof, as determined by the Zoning
Administrator, shall constitute sufficient cause for the Zoning Administrator to order the range
closed and revoke the permit.
(8) The permit will be granted initially for a maximum of one year from the date of the granting
of the occupancy permit and shall be extended automatically and without further action on
the part of the Board for additional periods of not more than three years each, provided that
the Zoning Administrator finds that the range operation complies with all range regulations,
all conditions of the permit and with all of the requirements of this Division.
(9) The permit shall be void upon any change of ownership unless Subsection (4)(vii) above is
complied with by the owner's transferee.
(10) In order to discourage trespassing or illegal use of the range, a security chain link fence of at
least eight feet in height shall be constructed around the perimeter of the firing range and
posted with signs approved by the Zoning Administrator.
(11) Safety regulations shall include provisions relative to storage of ammunition on the range and
in any accessory building(s).
(E) Additional standards for country inns, retreats or lodges.
(1) The minimum size requirement shall be 20 acres.
(2) No structure or campsite or athletic facility shall be located closer than 10 feet to any lot line.
(3) No permit shall be issued for such a use until the applicant has furnished evidence that the
proposed development meets all applicable state and local health requirements.
(4) All parking and loading areas, swimming pools and tennis courts shall be effectively screened.
equivalencies) exceed eight units per 25 gross acres.
(6) Country inns, retreats or lodges shall not exceed a maximum of 20 units of accommodations.
(F) Additional standards for tent campground.
(2) Travel trailers and other residential vehicles are not allowed.

(3) The only permanent structure allowed for residential use will be occupied by the resident
owner or manager.
(4) The facility shall have direct access by means of a travelway 20 feet in width to a road currently
maintained by the state.
(5) No structure or campsite shall be located closer than 100 feet to any lot line.
(7) Density shall not exceed four campsites per acre.
(G) Additional standards for travel trailer park.
(1) Both tents and recreational vehicle campers can be accommodated within a travel trailer park,
but the park shall be designed for travel trailers.
(2) Each park shall provide electrical outlets at each individual site, one or more central travel
trailer sanitary stations and toilet and shower facilities.
(3) The road frontage requirement shall be 200 feet on a state-maintained road with a minimum
paved width of 20 feet.
(4) Accessory commercial uses are permitted, exclusively for the use of residents of the park (e.g.,
coin-operated laundry, convenience store, etc.).
(5) Density shall not exceed three camping sites per acre.
(6) Each campsite shall contain a minimum of 3,000 square feet.
(7) No structure, campsite or athletic facility shall be located closer than 100 feet to any lot line.
(9) The only permanent residential occupancy allowed shall be for the resident owner or
manager; no other may reside in the park for a period exceeding two weeks.
(H) Additional standards for equestrian facilities, including boarding and instruction (nonspectator).
(1) No facilities or activities intended for spectators are allowed.
(3) No structure associated with a riding or boarding stable or indoor riding facility shall be located
closer than 100 feet to any lot line.
(I) Additional standards for equestrian facilities, including boarding and instruction (spectator uses).
(2) The road frontage requirements shall be 300 feet on a road designated as a primary highway.
(3) No structure, riding rink or course, spectator facility or parking area shall be located closer
than 100 feet to any lot line.
(J) Additional standards for drive-in or outdoor theaters.

(2) The road frontage requirement shall be 300 feet on a road designated as a primary highway.
adjoining property which is in a residential zoning district.
(K) Additional standards for golf driving ranges.
(1) No structure used in connection with the use shall be located closer than 100 feet to any lot
line.
(L) Dance, music or performing arts studios for profit.
(1) No such studio shall be located in any structure that does not conform to the setback
requirements of the applicable zoning district.
(2) The studio shall be so designed so as to preclude the emanation of noise beyond any property
line.
(3) In the residential and resource preservation zoning districts, the use shall be conducted in
buildings with the exterior appearance of residential structures and normal accessory
structures.
(M) Additional standards for swimming/tennis facility, public or private club. Such facilities shall be
located on a minimum of 25 acres, and all recreational facilities shall be set back a minimum of
100 feet from all adjacent properties.
(N) Additional standards for conference centers or resorts
equivalencies) exceed eight units per 25 gross acres.
(2) No structure accessible to guests of the facility shall be located closer than 100 feet to any
property line.
(3) All parking and loading areas, swimming pools and tennis courts as well as any other structures
shall be effectively screened.
proposed development meets all applicable state and local health requirements, as well as
been reviewed by such other agencies as may have jurisdiction.
Section VII-5-2. Category 5: Commercial, Retail, and Business Uses.

Category 5, Commercial, Retail and Business Uses, shall be regulated as follows:
(A) Additional standards for kennels.
(1) The minimum lot size requirement shall be two acres.
(2) No structure for the confinement, care or breeding of dogs and no associated structure shall
be located closer than 75 feet to any lot line, except that this requirement shall not apply to

structures which are completely enclosed, adequately soundproofed and constructed so that
there will be no emission of odor or noise detrimental to other properties in the area.
(3) All dogs shall be kept in pens designed and maintained to secure confinement.
(4) In consideration of an application for a permit, the Board shall take into account the numbers
and kinds of dogs proposed to be kept and the characteristics thereof and may prescribe
conditions with respect thereto.
(5) Maximum of 10 dogs per acre.
(B) Additional standards for veterinary clinics.
(1) In commercial zoning districts, all such facilities shall be within a completely enclosed building,
such building being adequately soundproofed and constructed so that there will be no
emission of odor or noise detrimental to other properties in the area.
(C) Additional standards for funeral homes.
(1) All such facilities shall be on land fronting on and with direct access to a road designated as
primary.
(2) Driveways and/or service drives shall be provided with direct but limited access to such major
thoroughfare [Section VII-5-2 (C)(1) above] for the purpose of forming funeral processions so
as not to impede traffic in the area.
(D) Additional standards for farm supply/service establishments and building material sales. All such
facilities shall be on land fronting on and with direct access to a road designated as primary.
(E) Additional standards for offices, professional, including clinics, less than three persons employed.
(1) Not more than three persons may be engaged in the operation of the office, including part-
time employees and/or professionals [except that in the case of properties lying within the
General Commercial Overlay (GCO) zone, where there shall be no limit on the number of
employees and/or professionals engaged in the operation of the office].
(2) The building so used shall have the exterior appearance of a residential structure of a type
allowed in the zoning district in which located.
(3) Each use in multifamily structures shall be located only in end units of townhouse structures
or on the lowest floor of other multifamily structures.
(4) Office hours shall be limited to the period between 8:30 a.m. and 8:00 p.m., Monday through
Saturday. Offices may be open at other times only under such conditions as the Board may
stipulate.
(5) Off-street parking for the office shall be provided in accordance with the provisions of Article
8-6 in addition to that required for the dwelling units unless the office hours are limited to the
period between 9:00 a.m. and 4:00 p.m.
(6) In the residential zoning districts, no off-street parking space shall be located in any required
front yard, and all parking spaces accessory to the use shall be screened so that they are not
visible from the first-story window level of adjoining property.

(F) Additional standards for barber/beauty shops in residential and resource preservation zoning
districts. Such uses shall comply with the use limitations set forth in Section VII-3-2 (D).
(G) Additional standards for car washes and auto service stations.
(1) Such uses shall be located and designed so that vehicular circulation shall not conflict with
traffic movements in adjacent streets, service drives, driveways and/or parking areas.
(2) An applicant for a car wash to be served by a public water system shall present a statement
by the water system operator that sufficient water capacity is available.
(i) Such uses shall be an integral design element of a site plan for a shopping center
containing no less than 30,000 feet of gross floor area.
(ii) Such uses shall have no separate and exclusive curb cut access to the abutting highway.
(3) Auto service stations shall not be used for the performance of major repairs and shall not
include the outdoor storage of more than two abandoned, wrecked or inoperable vehicles on
the site for more than 72 hours, subject to the limitation that there shall be no dismantling,
wrecking or sale of said vehicles or parts(s) thereof. Service stations shall not include any
ancillary use such as vehicular or tool rental and shall be limited to the servicing and retail
sales of products used primarily by passenger vehicles.
(4) Waste disposal shall be approved by the Health Department.
(H) Additional standards for junkyards.
(1) Such uses shall be located with direct access to a road designated as primary.
(2) No storage shall be located in any required yard.
(3) Such a use shall be located so that it can be effectively screened from all public streets and
land located in any residential or resource preservation zoning district and shall be so
screened.
(4) Parking and loading areas shall be provided in accordance with the provisions of Article VIII,
Community Design, and shall be suited to the type of business conducted (i.e., wholesale
versus retail).
(I) Additional standards for automobile sales, rental and service establishments.
(1) Outdoor storage, parking and display areas shall be permitted only on the same lot with the
ancillary to a sales room, rental office or service facility, and which shall be entirely enclosed
on all sides.
(2) The outdoor area devoted to storage, loading, parking and display of goods shall be limited to
that area so designated on an approved site plan. Such areas shall not be used for the storage
or display of vehicles that are not in operating condition.
(3) Notwithstanding the bulk regulations of the zoning district in which located, any such outdoor
area that is located on the ground and is open to the sky may be located in any required yard
but not nearer to any front line than 10 feet.

(4) All such uses shall be provided with safe and convenient access to a public street. If any
outdoor area is located contiguous to a street, ingress and egress shall be provided only
through driveway openings in the curb or similarly controlled by other means appropriate to
the design of the abutting street.
(5) All outdoor areas used for parking, storage, loading, display and driveways shall be
constructed and maintained with an all-weather dustless surface.
(6) All lighting fixtures used to illuminate such outdoor areas shall be designed to comply with the
performance standards as to glare of the zoning district in which such facility is located. Such
facilities shall not be lighted at any time other than during the same hours that the facility is
open for business, except for necessary security lighting.
(J) Additional standards for mobile home sales, rental and service establishments. In a mobile home
park district, such a use may be conducted only in conjunction with and on the same site with a
mobile home park. Further, the number of units located on the site for the purpose of sales,
service or storage (unoccupied) shall not exceed 10% of the approved mobile home spaces in the
park or five mobile homes, whichever is greater.
(K) Additional standards for tourist homes and bed-and-breakfasts.
(1) Such a use may provide accommodations for not more than 10 transient occupants in not
more than five rooms classified as "lodging units" under Virginia Administrative Code 12VAC5-
431-10.
(2) Off-street parking for the use shall be in accordance with the provisions of Article 8-6, shall
not be located in any required front yard and shall be effectively screened.
(3) In residential and resource preservation zoning districts, any building(s) to be constructed
shall not be more than two stories and have the exterior appearance of a single-family
residence and normal residential accessory structures.
(4) In A and C Zones, the minimum acreage requirement for tourist homes and bed-and-
breakfasts shall be 10 acres and 20 acres, provided, however, that the Board can waive the
minimum acreage requirement only if the property has frontage on a paved public road that
is part of the state primary or secondary system.
(5) Bed-and-breakfasts and tourist homes shall be authorized to serve meals only in numbers
equivalent to the approved number of overnight accommodations.
(6) Private roads or public roads other than primary or state secondary roads serving tourist
homes and bed-and-breakfasts shall meet the standards for Type II roads set forth in Article
VIII, Community Design, and as shown in Appendix A to the Rappahannock County Subdivision
Ordinance (Chapter 147, § 147-54).
(7) Issuance by the Zoning Administrator of a special exception shall be conditioned upon the
applicant obtaining any license as may be required by 12VAC5-431-180 and furnishing
evidence that the proposed use meets all applicable state and local health requirements.
(8) Issuance of a special exception shall be conditioned upon the applicant obtaining a VDOT
entrance permit as required by Road Design Manual, Appendix F, 24VAC30-73-40 and

24VAC30-73-60 and other applicable state law or regulation or otherwise complying with
VDOT requirements.
(9) The BZA or Board may impose additional appropriate conditions to ensure that the permitted
use shall not generate noise, vibration, glare, odors, or other effects that unreasonably
interfere with any adjoining landowner's enjoyment of their property or residence, including
but not limited to:
(i) The maximum number of adults permitted at any one time shall not exceed twice the
number of lodging units;
(ii) Lodgers shall be notified of any applicable local noise ordinances and that violation of any
such ordinance may result in fines and penalties;
(iii) The operator shall post or provide within the residential dwelling unit a clearly visible list
of emergency information and the location of fire extinguishers or pull fire alarms in the
residential dwelling unit offered for limited residential lodging purposes and the common
areas of the building;
(iv) The operator shall ensure that each unit is equipped with functioning smoke and fire
detection systems and carbon monoxide alarms as required by applicable law and codes
for the residential dwelling unit; and
(v) The operator shall provide evidence that they have no less than $500,000 of liability
insurance covering the limited residential lodging use or that each limited residential
lodging use is conducted through a hosting platform that provides equal or greater
coverage for such use.
(L) Additional standards for antique shops. The following standards apply to antique shops located
in resource preservation and residential districts:
(1) Any building so used shall be the residence of the proprietor or an accessory building thereto.
(2) There shall be no outdoor display of goods or merchandise.
(3) Adequate off-street parking shall be provided and shall not occupy any required yard.
(4) Employees shall be limited to residents of the dwelling.
(M) Additional standards for seasonal wayside stands (off-site).
(1) Such use shall be primarily involved with the sale of local farm products and is open for
business a maximum of eight months in each calendar year.
(2) Signs shall be displayed only during open season and shall comply with the provisions of Article
VIII, Community Design, for Commercial Zones.
(3) Off-street parking shall be adequate and the entrance location approved by the Virginia
Department of Transportation.
(4) Permanent structures shall meet setback requirements of Article IV, Zoning Districts.
(N) Additional standards for taxidermy operations.

(1) Such use shall be conducted in accordance with all applicable regulations of the Virginia
Commission of Game and Inland Fisheries and the United States Fish and Wildlife Service, as
appropriate.
(2) Sign(s) shall comply with the provisions of Article VIII, Community Design, Home occupation
signs.
(3) Provision shall be made for the safe, sanitary and efficient disposal of all fish and game, hides,
carcasses and/or offal (as well as the effective screening of the same), such that noxious odor
shall not impact on adjoining landowners.
(4) A complete list of any and all chemicals to be used in the preservation process shall be made
available to the Planning Commission and Board of Zoning Appeals.
(5) Additional standards for spas. Such use shall not be approved unless the applicant has a valid
license under Title 18, Chapter 70, of the Virginia Administrative Code, as the same may be
hereafter amended, if one is required, or a variance under 12VAC5-462-170 if applicable.
(6) Off-street parking for the use shall be in accordance with the provisions of Article 8-6, shall
not be located in any required yard and shall be effectively screened.
(7) Must be located on a state-maintained secondary or primary road.
(8) Issuance of a special exception shall be conditioned upon the applicant obtaining a VDOT
entrance permit as required by Road Design Manual, Appendix F, 24VAC30-73-40 and
24VAC30-73-60 and other applicable state law or regulation or otherwise complying with
VDOT requirements.
(9) The Board may impose additional appropriate conditions to ensure that the permitted use
shall not generate noise or other effects that unreasonably interfere with any adjoining
landowner's enjoyment of their property or residence, including but not limited to hours of
operation.
Division 6. Industrial Use Standards.

Section VII-6-1. General
For all industrial uses, not more than 25% of the area in a required front yard shall be used for off-
street parking and loading, and not less than 50% of a required front yard shall be landscaped.
Section VII-6-2. Category 6: Wholesaling and Industrial Uses; Nonagriculture.

(A) The performance standards presented in Article VII, Use Standards, and Article VIII, Community
Design, shall not apply to Category 6 special exception uses as provided in Article VII, Use
Standards, regardless of the zoning district in which such uses may be located. Extraction uses in
Category 6 shall be subject to compliance with the performance standards presented in Article
VII, Use Standards.
(B) In addition to the general standards set forth in this Article, the following standards shall apply to
Category 6, Wholesaling and Industrial Uses; Nonagriculture:
(1) Additional standards for warehousing and wholesale trade establishments.

(i) Such uses shall have direct access to a primary or major secondary road.
(ii) All outside storage areas shall be designated on the site plan, effectively screened and not
be in any required yard.
(iii) Such uses shall be compatible with the continuance of adjacent uses.
(2) Additional standards for petroleum products, bulk storage and distribution.
(i) Petroleum storage shall be at least 200 feet from all property lines and not less than 500
feet from an existing dwelling on an adjacent property.
(ii) All petroleum storage shall be underground or surrounded by a berm that will contain the
spillage from a full tank.
(3) Additional standards for heavy industrial uses.
(i) Heavy industrial uses shall include:
(a) Ammonia, bleaching powder or chlorine manufacture
(b) Asphalt mixing plants
(c) Bag cleaning establishments
(d) Blast furnaces
(e) Boiler works
(f) Concrete mixing or batching plants
(g) Distillation of coal, wood or bones
(h) Distillation of turpentine or varnish
(i) Emery cloth manufacture
(j) Fertilizer manufacture
(k) Fireworks or explosives manufacture or storage
(l) Fish canning, curbing, grinding or smoking
(m) Garbage incineration other than in municipal plants or incidental to the operation of
hotels or eating establishments
(n) Glue, size or gelatin manufacture
(o) Grinding, cooking, boiling, rendering or storage of slaughterhouse refuse, animal
refuse, rancid fats or refuse of dead animals
(p) Iron, steel or copper works for foundries
(q) Junkyards
(r) Lime, cement, gypsum or plaster of paris manufacture
(s) Manufacture of concrete or mortar
(t) Petroleum or asphalt refining or manufacture

(u) Pyroxylin of charcoal or coal
(v) Pulverizing of charcoal or coal
(w) Smelting of iron
(x) Soap manufacture
(y) Stockyards
(z) Sulphuric, nitric or hydrochloric acid manufacture
(aa) Tanning, curing or storing of raw hides or skins
(bb) Tetrethyl lead precipitate or liquid manufacture
(cc) Vinegar manufacture
(dd) Wool pulling and scouring
(ee) Yeast plants
(ff) Any other similar use which, in the opinion of the Zoning Administrator, might be
injurious or noxious by reason of odor, fumes, dust, smoke, vibration, noise or other
cause.
(ii) Each applicant for a heavy industrial use shall provide with their application an evaluation
(by a person or firm qualified to make such evaluations) that indicates how the proposed
use can be made to comply with the applicable performance standards in this Article.
(iii) The Board may, in approving a special exception for a heavy industrial use, establish
additional yard requirements, transitional yards, screening and other standards that, in
the opinion of the Board, will effect compatibility with the surrounding community.
(4) Additional standards and submission requirements for mining, quarrying and mineral
processing.
(i) Submission requirements shall be as follows:
(a) A detailed plan of the proposed use and a narrative explanation of the applicant's
development proposal indicating:
1. The uses, facilities and equipment to be located on the tract in connection with
the proposed use.
2. Proposed roads (including surfacing) and entrances to state roads.
3. Documented proof that all performance standards can be met.
(ii) Standards.
(a) No blasting shall be permitted except in conjunction with a permit for stone quarrying.
(b) Blasting vibration shall be limited to a maximum resultant peak particle velocity of 1.5
inches per second in the earth as measured at any occupied structure not on quarry
property. In addition, the Board may further limit such blasting vibration where, in its
opinion, the density of population in the area warrants additional protection.

(c) Earth vibration produced from sources other than blasting shall not exceed zero and
five-hundredths (0.05) inches per second at any occupied structure not on the subject
property.
(d) The peak overpressure (noise) from any blast shall be limited to 0.0092 pounds per
square inch (130 decibels) at any occupied structure not on the subject property.
(e) Airborne noise produced from sources other than blasting shall not exceed, at any
structure not on the subject property, 10 dB(A) above the ambient in residential
zoning districts and/or 16 dB(A) in commercial zoning districts.
(f) The minimum lot size requirement shall be 100 acres.
(g) Sales and distribution shall be predominately of materials extracted on-site.
(h) No activity, use, facilities, equipment, structure or storage, with the exception of
offices, shall be located within 300 feet of any lot line.
(i) Offices shall include only those buildings devoted solely to office/administrative uses
and shall be located not less than 100 feet from any lot line.
(j) All operations shall be limited to the period between 8:00 a.m. and 8:00 p.m. or such
period as established by the Board.
(k) Such use shall have direct access to a state-maintained road adequate to the size and
type of use.
(l) The Board may require such screening, planting, fencing, preservation of trees,
construction of berms, entrances or any other requirement which will ensure the
minimal impact of the use on the surrounding uses, including the use of public roads
in the vicinity.
(5) Additional standards for breweries and distilleries.
(i) "Bus tours" are the prearranged uses of buses to transport people to and from any
brewery, or distillery for the purpose of viewing the facilities, becoming educated in the
processes and production methods used, or purchasing, tasting or sampling the alcoholic
product. The uses of brewery and distillery shall include the right to have one bus tour per
month, each bus tour to consist of no more than two buses. For all bus tours in excess of
these allowed by right, a special exception shall be obtained. The special exception, in
addition to any conditions permitted elsewhere in this Code, may regulate bus tours by
size, frequency, time of year, duration, route of travel, number of passengers and parking.
The special exception may permit multiple bus tours with varying conditions on one
permit.
Division 7. Miscellaneous Use Standards.

Section VII-7-1. General.
Reserved

Section VII-7-2. Accessory Uses and Structures.
(A) Authorization. Accessory uses and structures are permitted in any zoning district unless qualified
below, but only in conjunction with, incidental to and on the same lot with a principal use or
structure which is permitted within such district.
(B) Permitted accessory uses. Accessory uses and structures shall include, but are not limited to the
following uses and structures, provided that such use or structure shall be in accordance with the
definition of "accessory use" in Article X, Definitions.
(1) Antenna structures.
(2) Barns and any other structures that are customarily incidental to an agricultural use on a tract
of land not less than two acres.
(3) Carports.
(4) Children’s playhouses, not to exceed 100 square feet in gross floor area, and children’s play
equipment.
(5) Doghouses, pens and other similar structures for the housing of commonly accepted pets,
but not including kennels as defined in Article X, Definitions.
(6) Fallout shelters.
(7) Garages, private.
(8) Gardening.
(9) Guest houses or rooms for guests in an accessory structure, but only on lots of at least two
acres and used only for the occasional housing of guests of the occupants of the principal
structure and not as rental units or for permanent occupancy as a housekeeping unit;
provided, however, that if a guest house or rooms in an accessory structure has kitchen
facilities, it shall be deemed an "accessory dwelling unit" that requires special exception
under this Ordinance.
(10) Parking and loading spaces, off-street, as regulated by Article VIII, Community Design.
(11) Parking of not more than one commercial vehicle per occupant/operator in any resource
preservation or residential district. Parking shall not be in any required front or side yard.
(12) Parking of small cargo trailers and major recreational equipment in a residential zoning
district, including but not limited to boats, boat trailers, camping trailers, travel trailers,
motorized dwellings, tent trailers and houseboat and horse vans, but subject to the following
limitations:
(i) Such equipment shall not be used for living, sleeping or other occupancy when parked or
stored on a residential lot or in any other location not approved for such use.
(ii) Such equipment six feet or more in average height, not parked or stored in a garage,
carport or other structure:
(a) Shall not be located in any required front or side yard.
(b) Shall be located at least three feet from all buildings.

(13) Porches, gazebos, belvederes and similar structures.
(14) Quarters of a caretaker, watchman or tenant farmer (not to exceed one per 50 acres).
(15) Recreation, storage and service structures in a mobile home park.
(16) Residence for a proprietor or storekeeper and their family located in the same building as
their place of occupation.
(17) Signs, as permitted by Article VIII, Community Design.
(18) Statues, arbors, trellises, barbecue stoves, flagpoles, fences, walls and hedges.
(19) Storage outside, to include compost piles, farm equipment and inoperable and junk vehicles
on any lot as provided for in this Article, provided that such storage and/or vehicle in a
residential zoning district is located on the rear half of the lot, is screened from view from the
first story window of any neighboring dwelling; and the total area for such outside storage,
excluding the area occupied by one junk vehicle, does not occupy more than 100 square feet.
(20) Storage structures incidental to a permitted use.
(21) Swimming pool and bathhouses, private.
(22) Tennis, basketball or volleyball court and other similar private outdoor recreational uses.
(23) Wayside stands, but subject to the following limitations:
(i) The wayside stand shall be for the express purpose of the sale of agricultural products
grown on the same property (including pick-your-own type operations) or the sale of
products of approved home occupations conducted on the same property.
(ii) The wayside stand shall be located a minimum distance of 10 feet from the street right-
of-way.
(iii) The wayside stand shall be located so as to provide for adequate off-street parking spaces
and safe ingress and egress to the adjacent street.
(iv) Notwithstanding the provisions of Article VIII, Community Design, a wayside stand may
have one building-mounted sign which does not exceed 10 square feet in area, mounted
flush against the stand.
(24) Ponds, but subject to the following limitations:
(i) The pond shall be located so that the normal pool is located at least 100 feet from an
adjacent property line except with the written consent of the owner(s) involved.
(ii) No land shall be disturbed in the construction of the pond that is less than 100 feet from
an adjacent property line except with the written consent of the owner(s) involved.
(iii) Approval of the State Water Control Board shall be required if state waters are to be
impounded.
(25) Hunting, fishing, hiking or any other similar passive-type outdoor recreation use, whether or
not a fee is charged therefor; provided, however, that no overnight accommodations or any
structure or other improvement specifically related thereto is constructed.

(26) Home music, dance or other performing arts studio, conditioned upon said facility being for
the use of residents and guests of the dwelling on the property, and upon no acceptance of
fees by the residents.
(27) A thrift, used goods and clothing or similar retail store, when conducted and maintained on
property owned by a volunteer fire and rescue organization recognized by the County of
Rappahannock, conditioned on such use's being owned or operated by a volunteer fire and
rescue company or a nonprofit organization dedicated to supporting fire and rescue
organizations.
(28) (Reserved)
(29) Temporary family health care structure, subject to the standards of § 15.2-2292.1 of the Code
of Virginia, 1950, as amended.
(C) Accessory uses not permitted. The following accessory uses are not permitted:
(1) Outdoor storage for more than 30 days of commercial buses, trucks or other vehicles
exceeding two tons' capacity in any residential zoning district.
(2) Junkyards, scrap heaps or refuse piles except as specifically permitted in Section VII-7-2 (B).
(D) Use limitations.
(1) No accessory structure shall be occupied or utilized unless the principal structure to which it
is accessory is occupied or utilized.
(2) All accessory uses and structures shall comply with the use limitations applicable in the zoning
district in which located.
(3) All accessory uses and structures shall comply with the maximum height regulations
applicable in the zoning district in which they are located.
(E) Location Regulations.
(1) If an accessory-type building is attached to a principal building by any wall or roof
construction, it shall be deemed to be a part of the principal building and shall comply in all
respects with the requirements of this Ordinance applicable to the principal building.
(2) Off-street parking and loading spaces shall be located in accordance with the provisions of
Article VIII, Community Design.
(3) Signs shall be located in accordance with the provisions of Article VIII, Community Design.
(4) Wayside stands shall be located in accordance with the provisions of Section VII-7-2 (B)(23)
above.
(5) Ponds shall be located in accordance with the provisions of Section VII-7-2 (B)(24) above.
(6) Barns shall not be located less than 50 feet from any property line in or adjacent to a
residential or commercial zoning district.
(7) The following regulations shall apply to the location of all accessory structures or uses except
those specifically set forth in Section VII-7-2 (E)(1) through (6) above.

(i) No accessory structure or use shall be located in any required minimum front yard,
except a statue, arbor, trellis or flagpole.
(ii) No accessory structure or use which exceeds 10 feet in height shall be located in any
required minimum side yard except as may be expressly permitted by a variance granted
in accordance with the provisions of Article III, Permits and Applications.
(iii) No accessory structure or use which exceeds 10 feet in height shall be located closer than
a distance equal to its height to any lot line in the rear yard, except as may be expressly
permitted by a variance granted in accordance with the provisions of Article III, Permits
and Applications.
(iv) On a corner lot, the rear line of which adjoins a side lot line of a lot to the rear, no
accessory structure or use which exceeds 10 feet in height shall be located:
(a) Nearer to any part of the rear lot line that adjoins the side yard on the lot to the rear
than a distance equal to the required minimum side yard on such lot to the rear; or
(b) Nearer to the side street line than a distance equal to the required front yard on the
lot to the rear.
Section VII-7-3. Inoperable and Junk Vehicle Storage.

(A) The owner of a lot of less than one-half (1/2) acre in any district shall not place or permit to be
placed or stored on their property an inoperable or junk vehicle except in a fully enclosed
structure.
(B) The owner of a lot of less than one acre but more than one-half (1/2) acre in any district shall not
place or store or permit to be placed or stored on their property a junk vehicle or more than one
inoperable vehicle except in a fully enclosed structure.
(C) The owner of a lot of one acre or more in any district shall not place or store or permit to be
placed or stored on their property more than two inoperable or junk vehicles except in a fully
enclosed structure.
(D) Where permitted in Section VII-7-3(B) and (C) above, inoperable or junk vehicles not in a fully
enclosed structure shall be placed or stored in an upright position and shall not be in any required
yard.
(E) In addition to the regulations of this Ordinance, junkyards shall be subject to the provisions of §
33.1-348 of the Code of Virginia, Automobile Graveyards.
Section VII-7-4. Category 8: Miscellaneous Uses.

(A) Additional standards for cemeteries, non-church-related. (Note: This use includes human and
animal cemeteries.) All uses shall comply with applicable provisions of the Code of Virginia. (See
specifically Chapter 3 of Title 57.)
(B) Additional standards for adaptive uses of nonresidential structures that existed on December 1,
1986, the effective date of the Zoning Ordinance.
(1) The adaptive use of an existing structure is allowed by special exception issued by the Board
of Supervisors (Board) in any zoning district and for any use authorized by this Ordinance,

provided the new use meets the standards of this Article. If a structure is determined to
qualify for an adaptive use, the permit authorizing such use shall be referred to as an "existing
structure use permit" (permit). Adaptive use shall not apply to existing residential structures.
(2) The purposes for adaptive uses are:
(i) To encourage the reuse of existing structures, thereby preventing their abandonment
and becoming nuisances;
(ii) To increase the value of the property on which the structure is located, as well as that of
surrounding properties, and therefore the tax base;
(iii) To minimize the need for rezonings that could result in broader by-right uses than those
allowed by special exception;
(iv) To tailor uses through the use of restrictions and conditions to suit their surroundings;
(v) To avoid redundant construction when an existing structure can serve the same purpose;
(vi) To preserve buildings of architectural or historical significance;
(vii) To allow property owners to undertake the preservation or rehabilitation of existing
structures at their own cost;
(viii) To allow a use that will result in the repair and safe use of a structure that would
otherwise be in danger of collapse, of creating a fire or other environmental hazard or of
endangering the public health and safety in some other manner.
(3) As preconditions to being considered for a permit, both of the following requirements must
be met:
(i) The present permitted uses of the structure, whether those uses are by-right,
nonconforming, or by special exception, are impractical due to the structure's size,
construction, location or other factors, including economic conditions; and
(ii) The structure and its use was legally permitted at the time of its construction; however,
this requirements may be waived if:
(a) The applicant for the permit was not the property owner when the illegal structure
was constructed; and
(b) Unless an adaptive use is made of the structure, there is a substantial likelihood that
it will become a public nuisance.
(4) If the preconditions are satisfied, in deciding whether to grant a permit, the Board shall
consider the standards in this Article and the intensity of the proposed use as discussed in
the following Section VII-7-4(B)(5). The Board may impose conditions and restrictions in
accordance with Article III, Permits and Applications.
(5) The following factors shall be considered in evaluating both the intensity of the proposed
new use relative to the former use, as well as the extent to which the impact of the new use
may be ameliorated by the imposition of conditions to the permit:
(i) Vehicle trips.

(ii) Noise.
(iii) Odor.
(iv) Hours of operation.
(v) Dust, smoke, or other airborne particles.
(vi) Discharge of pollutants.
(vii) Outdoor lighting.
(viii) Parking.
(ix) Visual appearance, such as signs or outside storage.
(x) Pedestrian traffic.
(6) The new use shall be confined to the existing structure, but the permit may allow the land
immediately adjacent to, and on the same lot as, the structure to be used for accessory uses
necessary to support, and normally associated with, the new permitted use, such as parking.
The Board shall consider all such accessory uses in determining whether the new use is more
intensive than the previous use.
(7) The external appearance of the structure shall not be altered except as allowed by the permit.
Any new, or replacements for, outside lighting fixtures shall be shielded, designed and placed
so that the external light beam is directed down and onto the subject property.
(8) If any use authorized by the permit is either
(i) discontinued for a period of one year; or
(ii) not established within one year of the issuance of the permit, the permit shall be subject
to revocation by the Board of Supervisors in accordance with Article III, Permits and
Applications, of this Ordinance, provided the Board may waive or extend such time
periods if it determines the permit holder was not at fault. The Board may do this even
if, by its terms, the permit has lapsed.
(9) The issuance, revocation or lapse of a permit shall not affect any by-right uses of the
structure, which shall continue in effect. However, any nonconforming uses that existed prior
to the issuance of the permit, or any rights attached to nonconforming structures, shall be
extinguished upon issuance of the permit, except to the extent as may be provided otherwise
in the permit. All new uses allowed by the permit shall be deemed to be conforming.
(10) The provisions of this this Article shall control over any conflicting provisions of this
Ordinance.
(C) Additional standards for resubdivisions.
(1) All lots shall front on a state-maintained street unless there is a homeowners association
responsible for the repair and maintenance of the private street and all parties using the
same are members.
(2) No existing covenant concerning resubdivision may be violated.

(3) The lots shall be of a size and configuration that is compatible with the other lots in the area.
(D) Additional standards for airports and landing strips.
(1) All applications shall include evidence that the proposed facility will meet the standards and
requirements imposed by the Federal Aviation Administration and all other applicable
federal, state and local statutes, ordinances and rules or regulations applicable thereto.
(2) The application shall contain a statement indicating the number and types of aircraft to use
the facility.
(3) All facilities shall be located so that the operation thereof will not seriously affect adjacent
residential areas, particularly with respect to noise levels. A noise contour map may be
required in order to assess the impact when more than five flights per day are anticipated.
(4) No area used by aircraft under its own power shall be located closer than 200 feet from any
boundary line.
(E) Additional standards for field parties.
(1) In addition to the general standards of this Article, all applications for field parties shall
include the following:
(i) A plan shall be submitted showing how the applicant intends to minimize the impact of
noise on adjoining properties. Music shall not be rendered nor entertainment provided
at a field party for more than eight hours in any twenty-four-hour period, such period to
be measured from the beginning of the first performance at the party. In addition, music
and other performances shall be neither broadcast nor performed after 11:00 p.m. on
week nights and 1:00 a.m. on weekends (Friday and Saturday nights).
(ii) A signed statement shall be submitted by the promoter(s) of the festival, setting forth
their name(s), address(es) and financial backing and including a signed permission
statement from the property owner (if other than themselves). Said statement shall
include the expected number of attendees and shall provide a sample of the ticket or
badge of admission to the event, as well as samples of advertisements or other
promotional material to be distributed. (Events with greater than 200 attendees
expected may be required to post bond to insure satisfactory compliance with these
standards.)
(iii) The applicant shall submit a plan (narrative form acceptable) setting forth the means of
providing food, water and medical and sanitation facilities, as well as garbage, trash and
sewage disposal for attendees.
(iv) The applicant shall submit a plan, with plat attached, showing the area designated for
parking and shall show all vehicular or pedestrian access points to the location and shall
include what measures are to be taken to ensure safe and convenient traffic flow.
(v) The applicant shall submit a plan (narrative form acceptable) setting forth the means of
providing security for attendees, up to and including the hiring of security personnel.
(vi) The applicant shall submit a statement specifying whether any exterior lights are to be
used and, if so, a plan showing the location of such lights and shielding devices or other

equipment to prevent unreasonable glare beyond the property on which the event is to
be held.
(vii) No permit shall be issued under this provision, unless the applicant shall furnish to the
County written permission for the Board, its lawful agents or duly constituted law
enforcement officers to go upon the property at any time for the purpose of determining
compliance with the provisions of this subsection.
(2) No person or persons who are found to have been in violation of this subsection shall be
eligible for a permit for a field party for a period of five years of the date they were found to
be in violation.
(3) The Zoning Administrator may issue a permit to any person or persons to have a field party
no more frequently than once per three-year period, by submitting material to comply with
Section VII-7-4(E)(1) above, at least 30 days before the planned event. A fee shall be charged
for such a permit, which amount shall be set from time to time by the governing body.
(4) The Zoning Administrator shall provide notice to all adjacent property owners and to affected
local governmental agencies.
ARTICLE VIII – Community Design.

Section VIII-1-1. General Design Standards.
No permitted, special exception use hereafter established, altered, modified or enlarged shall be
operated or designed so as to conflict with the applicable performance standards of this Article. On the
effective date of this Ordinance, if the operations of any lawful existing use violate any of the applicable
performance standards of this Article, such operations shall not be varied or changed in such a way as
to increase the degree of such violation. The fact that the operations of a lawful existing use violate the
applicable performance standards of this Article shall not in and of itself make such use subject to the
requirements of Article IX, Nonconformities, relating to nonconformities.
Division 2. Lighting.
Section VIII-2-1. Purpose and Intent.
(A) The purposes of this section are:
(1) To promote the public health, safety, convenience and welfare;
ARTICLE VIII – Community Design. | 147

(2) To preserve healthy surroundings for family life in residential areas;
(3) To protect and enhance the use and enjoyment of properties in the Resource Preservation
Zoning Districts which are adjacent to commercial and industrial uses;
(4) To restrict light to the property and use for which it was intended;
(5) To provide sufficient light in Commercial and Industrial Zoning Districts for safety and security;
(6) To prevent glare on public roadways and adjoining properties; and
(7) To conserve resources by employing lighting in an efficient and non-redundant manner.
(B) It is the intent hereof to accomplish these purposes by regulating the proper placement,
orientation, distribution, intensity, type, and configuration of outdoor light fixtures, and the levels
of illuminance produced thereby, in Commercial and Industrial Zoning Districts.
Section VIII-2-2. Applicability.

(A) This section only applies to outdoor light fixtures if they are installed in conjunction with:
(1) A use permitted by right in either a Commercial Zoning District, General Commercial Overlay
District or Industrial Zoning District, and for which a site plan is required by Article VI, Use
Matrix; or
(2) A permanent parking area in any zoning district which provides more than fifty vehicle spaces.
(B) No provision of this section shall apply to any:
(1) Single-family dwelling, or any structure, landscaping or use permitted by right on the same lot
with the single-family dwelling;
(2) Place of religious worship (except parking areas as specified above);
(3) Property owned by the County of Rappahannock or the Rappahannock County School Board;
(4) Outdoor light fixtures activated by a sensing device which remains on for no more that 15
minutes per cycle;
(5) Interior lighting, including light emanating from inside any machine or device to enable its use,
such as ATM machines, vending machines, telephone pedestals/booths and gasoline pumps;
(6) Circus, fair, carnival, or civic uses of a duration of less than 11 days per year;
(7) Agricultural, horticultural or forestry uses specified by Article VI, Use Matrix, which are allowed
by right;
(8) Outdoor light fixtures not exceeding 60 watts per light fixture used for decorative purposes
on a structure or to illuminate walkways, doorways or landscaping;
(9) Agency of the State or Federal Government or lighting required by state or federal law;
(10) Lighting used to facilitate construction activities for which a valid building permit has been
issued and is in effect;
(11) Lights on vehicles, including police, rescue and fire vehicles;

(12) Lighting required by any building code;
(13) Hand-held lights or lighting devices worn or carried for personal safety;
(14) Decorative seasonal lighting used for less than 30 days per year.
(C) Nothing herein shall prevent the Board of Supervisors or Board of Zoning Appeals from imposing
all or some of the requirements of this section as conditions or restrictions upon the granting of
a special exception if necessary to ensure the permitted use will be compatible with existing or
planned development in the general area, as provided by Article III, Permits and Applications.
(D) Nonconforming light fixtures.
(1) Outdoor light fixtures legally installed prior to the effective date of this Ordinance which do
not meet the terms of this section are exempt from the provisions of this Ordinance, and are
referred to as "nonconforming outdoor light fixtures." Nonconforming outdoor light fixtures
may be maintained by replacing lamps or other components. If the entire nonconforming
outdoor light fixture is replaced, any new outdoor light fixture shall conform to this section;
provided that if the nonconforming outdoor light fixture to be replaced is part of a group of
similar light fixtures, the replacement outdoor light fixture need not conform to this section if
it is substantially the same as the outdoor light fixture it replaces so to maintain a matching
set.
(2) If the use of any nonconforming outdoor light fixture is discontinued for more than two years,
the nonconforming outdoor light fixture must be brought into compliance with this section
upon its use being recontinued.
(3) If any use includes nonconforming outdoor light fixtures and the use is to be enlarged,
extended or expanded, any newly installed outdoor light fixtures may match the existing
nonconforming outdoor light fixtures and shall themselves become nonconforming outdoor
light fixtures; provided, the resulting total number of nonconforming outdoor light fixtures
shall not be more than two times the number of existing nonconforming outdoor light fixtures.
Example: a structure has two nonconforming outdoor light fixtures; an addition to the
structure may contain no more than two new outdoor light fixtures which match the
nonconforming outdoor light fixtures, for a total of four. All four of such outdoor light fixtures
shall be deemed to be nonconforming outdoor light fixtures.
Section VIII-2-3. Standards.

(A) General Requirements.
(1) All outdoor light fixtures shall be either fully shielded light fixtures or directionally shielded
light fixtures.
(2) The mounting height of any outdoor light fixture shall not exceed 25 feet measured from
grade.
(3) The target area for directionally shielded light fixtures shall be on the property on which the
light fixture is located, except the target area may be on adjoining property if either under the
same ownership or with the written permission of the adjoining property owner.

(4) Outdoor light fixtures for canopies, drive-through areas, building overhangs, porches, porticos
and any similar outdoor covered area shall either be one, or a combination of, the following:
(i) Recessed into the ceiling so that the bottom of the light fixture is flush with the ceiling; or
(ii) Indirect lighting where the light is directed upward and then reflected down from the
underside of the canopy or the ceiling. Light fixtures used for indirect lighting shall either
be directionally shielded light fixtures or a light fixture which, when used with
architectural or structural elements, is the functional equivalent of a directionally shielded
light fixture. All light shall be projected onto the underside of the canopy or the ceiling.
(5) No overhead wires shall be used to provide electrical power to any outdoor light fixture.
(6) No outdoor light fixture shall flash or intermittently turn itself on and off or change its
brightness or color at a rate faster than one cycle per hour. No outdoor lighting fixture shall
be installed so that it is subject to repetitive motion.
(B) Illuminated signs.
(1) All signs which are illuminated shall use one, or a combination of, the following methods
provided that each separate lot in the Commercial or Industrial Zoning Districts shall be
allowed by right one internally illuminated sign which shall in size, location and otherwise be
subject to the provisions of this Article:
(i) Directionally shielded light fixtures; or
(ii) A light fixture which when used with architectural or structural elements is, in the opinion
of the Zoning Administrator, the functional equivalent of a directionally shielded light
fixture; or,
(iii) Backlighting, where light is projected on a surface behind the sign.
(2) Any sign which communicates information through the use of lights, such as time,
temperature or news, shall only be allowed by special exception. In considering such special
exception, the Board of Supervisors shall consider, in addition to the factors set forth in Article
III, Permits and Applications, of this Ordinance, whether such sign would be a distraction to
motorists.
(C) Performance Standards.
(1) Average horizontal illuminance and uniformity ratios for outdoor lighting shall be as follows:
Table VIII-1. Horizontal Illuminance and Uniformity Ratios for Outdoor Lighting
Service station pump islands 30 fc 4:1 average to minimum
Service station service areas 12 fc
Parking lots 5 fc 15:1 maximum to minimum
Loading and unloading areas 10 fc
Auto/truck dealership 20 fc 5:1 maximum to minimum
Exterior restaurants 10 fc

Drive-through ATM machines and/or
40 fc
night deposit facilities
Other drive-through canopied areas 30 fc
Stand-alone ATM machines and/or
40 fc
night deposit facilities
All other areas 6 fc
(2) The illuminance emanating from a property subject to this section in a Commercial or
Industrial Zoning District, as measured at the property line of any adjacent property in a
Residential or Resource Preservation Zoning District, at any orientation of the illuminance
meter, shall not exceed the following unless the owner of the adjacent property consents in
writing: 3.0 fc.
(3) These performance standards shall survive approval of a site plan and must continue to be
met as long as the property is one to which this section is applicable under Article VIII,
Community Design.
Section VIII-2-4. Compliance.

(A) No use or structure subject to the terms of this section shall be established, commenced or
occupied unless and until a site plan is approved and/or, where applicable, a special exception is
obtained. For all such properties the site plan shall include a lighting plan showing:
(1) The location of all proposed outdoor light fixtures and any structure(s) which will support the
fixture(s);
(2) A photograph or scale drawing of each such outdoor lighting fixture; and
(3) A numerical grid of lighting levels, in footcandles, that the fixtures will produce on the ground
(photometric report). The grid shall include not less than 20 uniformly spaced points for any
area being considered, and in no case shall the spacing exceed 25 feet. The photometric report
will indicate the average, minimum and maximum footcandle levels within the areas of
interest.
(B) The lighting plan shall be sufficiently complete to enable the Zoning Administrator to determine
compliance with the requirements of this section. If such plan does not enable this determination,
the applicant shall submit evidence of compliance by a registered professional engineer.
(C) In the event all or some of the provisions of this section are imposed as conditions for the issuance
of a special exception for a use or structure for which a site plan is not required, the Board of
Supervisors or Board of Zoning Appeals may require a lighting plan as specified above, or so much
thereof, or such other information, as it deems necessary to ensure compliance with any imposed
conditions.
(D) The applicant shall file with the site plan any written consents from adjoining property owners
which the applicant intends to rely upon to meet the terms of this section.

Division 3. Noise.
Section VIII-3-1. Intent.
Reserved

(A) Required performance level. No use, operation or activity shall cause or create noise in excess of
the sound level prescribed in this Division.
(B) For the purpose of administering the required performance standards relative to noise and
vibration, the standards are presented in two basic groups, namely, Group I and Group II. Table
VIII-2 below sets forth the applicable performance standards that must be met in each zoning
district.
Table VIII-2. Required Performance Standards (Group I or II)

Zoning District
(in or adjacent to)
All Resource
All Residential All Commercial Industrial Zoning
Topic Preservation Zoning
Zoning Districts Zoning Districts Districts
Districts
Noise I II II II
Vibration I II I II
Section VIII-3-3. Standards.

(A) Method of measurement.
(1) Noise shall be measured with a sound level meter, octave band analyzer and impact noise
analyzer meeting the standards of the American National Standards Institute (ANSI S1.4-1961
and ANSI S1.11-1966). The instruments shall be set to the flat response weighting network,
and the meter to the slow response.
(2) Sounds of short duration, such as from forge hammers, punch presses and metal shears, which
cannot be measured accurately with the sound level meter, shall be measured within the
impact noise analyzer.
(3) For the purpose of this Ordinance, impact noises shall be considered to be those noises whose
peak values are more than three dB higher than the values indicated on the sound level meter
set to the slow response.
(B) Exemptions. The following uses and activities shall be exempt from the noise level regulation:
(1) Noises not directly under the control of the property owner.
(2) Noises emanating from nonroutine construction and maintenance activities between 8:00
a.m. and 7:00 p.m.

(3) The noises of safety signals, warning devices and emergency pressure relief valves, whose
frequency of operation does not exceed one per week and any audible safety or warning
devices required by law.
(4) Transient noises of moving sources such as motor vehicles, airplanes and railroad trains,
except where such transient noises are caused on the site and as a part of the operation of
the use on the site.
(5) Noises and activities directly associated with the safety warnings and training programs of the
Fire and Rescue Services and Sheriff's Department.
(6) Agricultural operations.
(C) Group I noise standards.
(1) Uses subject to Group I standards shall not cause, at any point on or beyond the boundary of
the lot upon which the use is situated, noise resulting from any use, operation or activity which
exceeds the maximum permitted sound level set forth in Table VIII-3 below:
Table VIII-3. Maximum Sound Pressure Levels In or Adjacent to Residential Zoning

Districts
Octave Band, Preferred Frequencies
Decibels Re 0.0002 Microbar
(cycles per second)
31.5 66
63 67
125 66
250 61
500 55
1,000 48
2,000 41
4,000 34
8,000 28
(2) Impact noises shall not exceed the sound pressure levels set forth in Table VIII-4:
Table VIII-4. Group I Maximum Impact Noise Levels

Maximum Permitted Peak Pressure
Level, Decibels Re 0.0002 Microbar
In residential zoning districts 80
At a nonresidential lot line 90

(3) Between the hours of 8:00 p.m. and 7:00 a.m., all permissible noise levels indicated in the
previous tables for residential zoning districts shall be reduced by five decibels.
(D) Group II noise standards.
(1) Uses subject to Group II standards shall not cause, at any point on or beyond the lot where
such use is located, noise resulting from any use, operation or activity which exceeds the
maximum permitted sound levels set forth in Table VIII-5 below:
Table VIII-5. Maximum Sound Pressure Levels Beyond Nonresidential District

Boundaries
Octave Band, Preferred Frequencies
Decibels Re 0.0002 Microbar
(cycles per second)
31.5 70
63 71
125 69
250 65
500 61
1,000 57
2,000 53
4,000 49
8,000 45
(2) Impact noises shall not exceed the sound pressure level set forth in Table VIII-6:
Table VIII-6. Group II Maximum Impact Noise Levels

Maximum Permitted Peak Pressure
Level, Decibels
In residential zoning districts 80
At a nonresidential district boundary line 90
1 impact noise per day, beyond lot lines 120
(3) Between the hours of 8:00 p.m. and 7:00 a.m., all of the permissible noise levels indicated in
the previous tables for residential zoning districts shall be reduced by five decibels.
Section VIII-3-4. Compliance.

Reserved

Division 4. Landscaping and Screening.
Reserved
Section VIII-4-2. Application of Landscaping and Screening Requirements.

Reserved
Section VIII-4-3. Landscape Plan Requirements.

Reserved
Section VIII-4-4. General Standards.

Reserved
Section VIII-4-5. Transitional Buffers.

Reserved
Section VIII-4-6. Parking Lot Landscaping.

Reserved
Section VIII-4-7. Screening and Enclosures.

Reserved
Section VIII-4-8. Tree and Plant Standards.

Reserved
Division 5. Walls and Fences.

Reserved
Section VIII-5-2. Application of Walls and Fences Requirements.

Reserved
Section VIII-5-3. Location.

Reserved
Section VIII-5-4. Height.

Reserved
Section VIII-5-5. Materials.

Reserved

Section VIII-5-6. Maintenance.
Reserved
Division 6. Parking and Loading.

Reserved

(A) In all districts, all structures built and all uses established hereafter shall provide accessory off-
street parking in accordance with the following regulations. When an existing structure or use is
expanded, accessory off-street parking shall be provided in accordance with the following
regulations for the area or capacity of such expansion, as well as for the existing area of such
structure or use.
(B) The provisions of this article shall not be deemed to apply to motor vehicle storage or display
parking areas associated with a vehicle sale, rental and service establishment.
Section VIII-6-3. General.

(A) All required off-street parking spaces shall be located on the same lot as the structure or use to
which they are accessory or on a lot contiguous thereto which has the same zoning classification
and is under the same ownership, provided that where there are practical difficulties or if the
public safety and/or public convenience would be better served by a location other than on the
same lot or a contiguous lot, the Board or BZA, as applicable, acting upon a specific application,
may authorize such alternative location, subject to the following conditions:
(1) Such required space shall be located on land in the same ownership as that land on which the
use to which such space is accessory or, in the case of the cooperative provision of parking
spaces, as provided in this Article, in the ownership of at least one of the participants in the
combination; and
(2) Such required space shall be located within 500 feet walking distance of a building entrance
to the use that such space serves.
(B) No off-street parking facilities for a structure or use permitted only in a commercial or industrial
zoning district shall be located in a residential or resource preservation district.
(C) Required off-street parking spaces may be provided cooperatively for two or more uses, subject
to arrangements that will assure the permanent availability of such spaces to the satisfaction of
the Board. The amount of such combined space shall equal the sum of the amounts required for
the separate uses; provided, however, that the Board may reduce the total number of parking
spaces required by strict application of said requirements when it can be determined that the
same spaces may adequately serve two or more uses by reason of the hours of operation of such
uses.
(D) In those instances where a proposed neighborhood retail commercial use is located with an
orientation toward pedestrian or bicycle traffic, the Board may reduce the number of off-street

parking spaces by up to 20% of the number otherwise required by the strict application of the
provisions of this article.
(E) All required off-street parking spaces, their appurtenant aisles and driveways, and integrated low-
impact design stormwater management structures shall be deemed to be required space on the
lot on which the same are situated and shall not be encroached upon or be reduced in any
manner except upon approval by the Board in accordance with the provisions of this Ordinance.
(F) Except as may be qualified elsewhere in this Ordinance, off-street parking spaces that are located
on the ground and open to the sky may be located in any required yard but not nearer to any
front lot line than 10 feet. Except as may be qualified elsewhere in this Ordinance, parking
structures and carports shall be subject to the minimum yard requirements applicable in the
zoning district in which located; except parking structures that are completely underground may
be located in any required yard, but not closer than one foot to any lot line, provided that any
visible indication of the underground structure, including entrances or ventilation stacks, shall
not be located closer than 25 feet to any lot line.
(G) All off-street parking space shall be used solely for the parking of vehicles in operating condition
by patrons, occupants or employees of the use to which such parking is accessory. No motor
vehicle repair work except emergency service shall be permitted in association with any required
off-street parking facilities.
(H) All off-street parking space shall be provided with safe and convenient access to a street. If any
such space is located contiguous to a street, the street side thereof shall be curbed and ingress
and egress shall be provided only through driveway openings through the curb of such dimension,
location and construction as may be approved by the VDOT.
(I) All off-street parking areas, including aisles and driveways, except those required for single-family
detached dwellings, shall be constructed and maintained with a dustless surface. Off-street
parking areas, including their related aisles and driveways, may, upon approval by the
Administrator, be exempted from the provision if such facilities are for a temporary purpose;
provided, however, that such areas shall be graveled and maintained in accordance with
standards approved by the ZA. Additionally, all off-street parking areas shall provide stormwater
management provisions, as specified in § 145, Stormwater Management.
(J) In no event shall the required dimensions of any off-street parking areas be less than those
presented in the following table:
Table VIII-7. Minimum Off-Street Parking Area Dimensions

Depth of
Angle of Width of Perpendicular to Width of Width of Aisle Width of Stall
Parking Direction of Stall Aisle Aisle Plus 2 Stalls Parallel to Aisle
(degrees) Parking (feet) (feet) (feet) (feet) (feet)
0 Parallel 8 22.0
30 Drive-in 9 16.8 9 42.6 18.0
45 Drive-in 9 19.1 11 49.2 12.7

Depth of
Angle of Width of Perpendicular to Width of Width of Aisle Width of Stall
Parking Direction of Stall Aisle Aisle Plus 2 Stalls Parallel to Aisle
(degrees) Parking (feet) (feet) (feet) (feet) (feet)
60 Drive-in 9 20.0 27 57.0 10.4
90 Drive-in 9 18.0 23 to 27 59 to 63 9.0
Source: Parking, The Eno Foundation for Highway Traffic Control, Saugotuck, Connecticut, 1957, page 13.
(K) All lighting fixtures used to illuminate off-street parking areas shall be designed to comply with
performance standards relative to glare of the zoning district in which such area is located, as
well as Division 2, Lighting, of this Article.
(L) Landscape treatment and plant materials should be used to define vehicular and pedestrian
circulation and minimize impervious areas within parking space.
(M) Parking should not be located exclusively at the front of building sites; some parking should be
located at the sides or rear of the site.
(N) Sites with steep slopes should not be modified to produce a single ground plane for building and
parking. In such cases, parking areas should be developed on one or more terraces with site
elevations different from that of the building and linked by appropriate barrier-free pedestrian
circulation.
(O) Parking spaces required on an employee/person basis in the sections that follow shall be based
on the minimum number of employees/persons on duty or residing, or both, on the premises at
any one time or the occupancy load of the building, whichever is greater. Overlapping use of
parking areas at shift changes shall be considered.
(P) Where a given use or building contains a combination of uses as set forth in the following sections,
parking shall be provided on the basis of the sum of the needs of the various uses. Structured and
shared parking is encouraged to minimize impervious area of off-street parking space.
(Q) If there is uncertainty with respect to the amount of parking space required by the provisions of
this Ordinance as a result of an indefiniteness as to the proposed uses of a building or of the land,
the maximum requirement for the general type or use that is involved shall govern.
(R) The maximum number of parking spaces allowed for any use shall be 120% of the minimum
requirements set forth in the following sections.
(S) Where the required number of parking spaces is not set forth for a particular use in the following
sections and where there is no similar general type of use listed, the Zoning Administrator shall
determine the number of spaces to be provided.
(T) Any permanent parking area with more than 50 vehicle spaces which shall be illuminated shall be
subject to the lighting requirements of Article VIII and the approval of a lighting plan if a site plan
is not otherwise required; provided that this shall not apply to property owned by the County,
the School Board, the commonwealth or the Federal Government.

Section VIII-6-4. Location to Use.
Reserved
Section VIII-6-5. Joint/Shared Parking.

Reserved
Section VIII-6-6. Reduction.

Reserved
Section VIII-6-7. Parking Design Standards.

Reserved
Section VIII-6-8. Schedule of Required Spaces.

(A) Residential and lodging uses. Minimum off-street parking spaces accessory to the uses
hereinafter designated shall be provided as follows:
(1) Dormitory, fraternity, sorority house or other residence hall located off campus: one space
per two sleeping accommodations based on the occupancy load of the building, plus one
additional space for each housemother, manager or employee.
(2) Dwelling, single-family, detached: two spaces per unit, provided that only one space must
have convenient access to a street.
(3) Dwelling, single-family, attached:
(i) Two spaces per unit, provided that only one such space must have convenient access to
a street.
(ii) Plus one space, on- or off-street, per each three units for visitors.
(iii) Plus one per each five units for parking of residents' boats, recreational vehicles, etc. One-
half of such spaces shall not be less than 12 feet by 30 feet.
(4) Dwelling, multifamily:
(i) One and one-half (1 1/2) spaces per unit.
(ii) Plus one space, on- or off-street, per each three units for visitors.
(iii) Plus one space per each five units for parking of residents' boats, recreational vehicles,
etc. One-half of such spaces shall not be less than 12 feet by 30 feet.
(5) Hotel or motel: one space per rental unit plus such spaces as are required for restaurants,
assembly rooms and affiliated facilities, as determined by the Zoning Administrator.
(6) Mobile home/park: one and one-half (1 1/2) spaces per unit.
(7) Nursing or convalescent facility: one space per three residents plus one additional space for
each employee.
(8) Tourist house, boardinghouse or rooming house: one space for each guest accommodation
consisting of one or more persons in one vehicle.

(B) Commercial and Related Uses. Minimum off-street parking spaces accessory to the uses
hereinafter designated shall be provided as follows:
(1) Automobile service station: two spaces per bay plus one space per employee, but never less
than five spaces.
(2) Bowling alley: four spaces per alley plus one space per employee plus such additional spaces
as may be required herein for affiliated uses such as restaurants.
(3) Business service or supply service establishment: one space per 300 square feet of gross floor
area.
(4) Car wash: four spaces per bay/stall plus one space per employee of a self-service
establishment; or one space per employee plus sufficient area for 10 stacking spaces per
bay/stall for an automated establishment.
(5) Eating establishment: one space per four seats plus one space per two employees where
seating is at tables; and/or one space per two seats plus one space per two employees where
seating is at a counter.
(6) Eating establishment (drive-in) with no seating facilities: one space per 60 square feet of net
floor area, with a minimum of 10 spaces.
(7) Financial institution with drive-in windows: one space per 150 square feet of net floor area
plus sufficient area for five stacking spaces for the first drive-in window and two stacking
spaces per each additional window.
(8) Financial institution: one space per 150 square feet of net floor area.
(9) Furniture or carpet store: one space per 400 square feet of net floor area plus one space for
each employee.
(10) Medical or dental clinic: three spaces per examination or treatment room plus one for each
doctor and employee.
(11) Office: four and one-half (4 1/2) spaces per 1,000 square feet of gross floor area plus one
space per company vehicle.
(12) Outdoor sales/display area other than vehicle sale, rental or service establishments: one space
per 500 square feet of open sales/display area plus one space per employee.
(13) Personal service establishment: one space per three seats or three persons based on the
occupancy load plus one space per employee.
(14) Recreational facility other than theater, auditorium, stadium, bowling alley or swimming pool:
one space per three seats or three persons based on the occupancy load plus one space per
employee.
(15) Repair service establishment: One space per 200 square feet of gross floor area.
(16) Retail sales establishment except furniture or carpet store: one space per 200 square feet of
net floor area for the first 1,000 square feet plus six spaces per additional 1,000 square feet.

(17) Shopping center: one space per 200 square feet of gross floor area for the first 1,000 square
feet plus six spaces per each additional 1,000 square feet plus additional spaces, as required
herein, for associated offices and theaters.
(18) Swimming pool, commercial: one space per four persons lawfully permitted in the pool at one
time plus one space per employee.
(19) Theater, auditorium or stadium: one space per three seats or similar vantage accommodation
provided plus one space per two employees.
(20) Vehicle sale, rental and/or service establishment: one space per 500 square feet of enclosed
sales/rental floor area plus one space per 2,500 square feet of open sales/rental display lot
area plus two spaces per service bay plus one space per employee, but never less than five
spaces.
(21) Wholesale trade establishment: one space per 1.5 employees plus one space per company
vehicle, but with a minimum of one space per 1,000 square feet of gross floor area.
(C) Industrial and Related Uses. Minimum off-street parking spaces accessory to the uses hereinafter
designated shall be provided as follows:
(1) Manufacturing establishment or establishment for production, processing, assembly,
compounding, preparation, cleaning, servicing, and testing; repair or storage of materials,
goods or products; and business offices accessory thereto: one space per 1.5 employees on
major shift plus one space per company vehicle and piece of mobile equipment.
(2) Scientific research and development establishment: four and one-half (4 1/2) spaces per five
employees based on the occupancy load plus one space per company vehicle.
(3) Warehousing, heaving equipment storage yard, lumber and building material yard, motor
freight terminal or junkyard: one space per 1.5 employees on major shift plus one space per
company vehicle plus sufficient space to accommodate the largest number of visitors that may
be expected at any one time, but with a minimum of one space per 1,000 square feet of gross
floor area.
(D) Other Uses. Minimum off-street spaces accessory to the uses hereinafter designated shall be
provided as follows:
(1) Airport, air park or airfield: one space per employee, plus one space for each vehicle used in
connection with the facility plus sufficient space to accommodate the largest number of
vehicles that may be expected at any one time.
(2) Ambulance service or rescue squad: adequate space to accommodate all motor vehicles
operated in connection with such use plus two additional parking spaces per each such
vehicle.
(3) Church, chapel, temple, synagogue or other place of worship: one space per four seats in the
principal place of worship, provided that the number of spaces thus required may be reduced
by not more than 50% if the place of worship is located within 500 feet of any public parking
lot or any commercial parking lot where sufficient spaces are available by permission of the

owner(s) without charge during the time of services to make up the additional spaces
required.
(4) College or university: based on a review by the Zoning Administrator of each proposal,
including such factors as the occupancy load of all classroom facilities, auditoriums and
stadiums, the availability of areas on site that can be used for auxiliary parking in times of peak
demand, but in no instance less than one space per faculty and staff member and other full-
time employee plus a sufficient number of spaces to accommodate the anticipated number
of students and visitors who will drive to the institution at any one time.
(5) Cultural center, museum or similar facility: one space per 30 square feet of gross floor area.
(6) Country club: one space per four members, based on maximum anticipated membership.
(7) Funeral chapel: one space per three seats in the main chapel or parlor plus one space per two
employees plus one space for each vehicle used in connection with the business.
(8) Group day-care facility, day-care center, nursery school, school of general education or school
of special education: two spaces per each three employees plus a sufficient number of spaces
to accommodate all persons who may be at the establishment at any one time under normal
operating conditions.
(9) Hospital: one space per two beds plus 1.5 spaces per each emergency room examination table
or bed plus one space per employee on the major shift other than doctors plus one space per
doctor assigned to the staff.
(10) Institution providing intensive special medical/mental care or welfare institution: one space
per two patients, based on the occupancy load, plus one space per employee or staff member
on a major shift.
(11) Library: one space per 2.5 patrons based on the occupancy load plus one space per employee
on a major shift.
(12) Private, civic or fraternal club or lodge: one space per three members based on maximum
anticipated membership.
(13) Public utility establishment: one space per 1.5 employees on the major shift plus one space
per company vehicle.
(14) School, elementary or intermediate: based on a review by the Zoning Administrator of each
proposal, including such factors as the occupancy load of all classroom facilities, auditoriums
and stadiums, proposed special education programs and student-teacher ratios.
(15) School, secondary: based on a review by the Zoning Administrator of each proposal, including
such factors as the occupancy load of all classroom facilities, auditoriums and stadiums,
proposed special education programs and student-teacher ratios and the availability of areas
on site that can be used for auxiliary parking in times of peak demand, but no less than one
space per faculty and staff member and other full-time employee plus one space per eight
students, based on the maximum number of students attending classes at any one time.
(16) Swimming pool, community: one space for every seven persons lawfully permitted in the pool
at one time plus one space per employee, subject to a lesser number determined by the

Zoning Administrator in accordance with the number of members who are within a reasonable
walking distance of the pool.
(17) Tennis club: four spaces per court plus such additional spaces as may be required herein for
affiliated uses, such as restaurants.
Section VIII-6-9. Interpretation of Specific Requirements for Parking.

Reserved
Section VIII-6-10. Off-Street Loading Requirements.

(A) Applicability. In all districts, all structures built and all uses established hereinafter shall provide
accessory off-street loading spaces in accordance with the following regulations. When an
existing structure or use is expanded, accessory off-street loading spaces shall be provided in
accordance with the following regulations for the area or capacity of such expansion.
(B) Required Spaces. Minimum off-street loading spaces accessory to the uses hereinafter designated
shall be provided in accordance with the following schedule:
(1) Standards. Each standard shall require loading spaces as follows:
(i) Standard A: one space for the first 5,000 square feet of gross floor area plus one space for
each additional 30,000 square feet or major fraction thereof.
(ii) Standard B: one space for the first 10,000 square feet of gross floor area plus one space
for each additional 15,000 square feet or major fraction thereof.
(iii) Standard C: one space for the first 10,000 square feet of gross floor area plus one space
(iv) Standard D: one space for the first 10,000 square feet of gross floor area plus one space
(v) Standard E: one space for the first 10,000 square feet of gross floor area plus one space
(vi) Standard F: one space for the first 10,000 square feet of gross floor area plus one space
(vii) Standard G: one space for the first 25,000 square feet of gross floor area plus one space
(2) Required spaces. Uses shall provide off-street loading space according to the standards set
forth below:
(i) Bowling alley or other similar commercial recreational establishment: Standard F.
(ii) Business service or supply service establishment: Standard C.
(iii) College or university: Standard F.
(iv) Dwelling, multiple-family: Standard G.
(v) Eating establishment: Standard D.

(vi) Financial institution: Standard C.
(vii) Funeral chapel or funeral home: Standard F.
(viii) Hospital: Standard F.
(ix) Hotel or motel: Standard F.
(x) Manufacturing establishment or establishment for production, processing, assembly,
compounding, preparation, cleaning, testing, repair or storage of materials and goods or
products and business offices accessory thereto: Standard A.
(xi) Nursing or convalescent facility: Standard F.
(xii) Office: Standard C.
(xiii) Personal service establishment: Standard B.
(xiv) Repair service establishment: Standard B.
(xv) Retail sales establishment: Standard B.
(xvi) Scientific research and development establishment: Standard C.
(xvii) Vehicle sale, rental and/or service establishment: Standard A.
(xviii) Warehousing establishment: Standard A.
(xix) Wholesale trade establishment: Standard E.
(C) General Regulations.
(1) All required off-street loading spaces shall be located on the same lot as the use served,
provided that the Zoning Administrator may waive such location requirement in those
instances where the provisions of this Article are satisfied.
(2) Required off-street loading spaces may be provided cooperatively for two or more uses,
subject to arrangements that shall assure the permanent availability of such spaces to the
satisfaction of the Zoning Administrator.
(3) All required off-street loading spaces and their appurtenant aisles and driveways shall be
deemed to be required space on the lot on which the same are situated and shall not be
encroached upon or reduced in any manner except upon approval by the Zoning
Administrator in either of the following circumstances:
(i) Such space may be reduced by the amount to which other space, conforming to the
provisions of this Ordinance, is provided for the use that is involved; or
(ii) Such space may be reduced in an amount justified by a reduction in the need for such
space by reason of a reduction in the size or change in the nature of the use to which such
is appurtenant.
(4) No loading space or berth shall be located within 40 feet of the nearest point of intersection
to the edges of the travel way or the curbs of any two streets.
(5) No loading space or berth shall be located in a required front yard, and any loading space or
berth located in a required rear yard shall be either underground or open to the sky.

(6) No required off-street loading area shall be used to satisfy the space requirement for any off-
street parking facilities, and no loading area shall be so located as to interfere with the free
circulation of vehicles in any off-street parking area.
(7) No motor vehicle repair work, except emergency service, shall be permitted in association
with any required off-street loading facility.
(8) Where a given use or building contains a combination of uses as set forth in the following
subsections, loading facilities shall be provided on the basis of the sum of the required spaces
for each use.
(9) If there is uncertainty with respect to the amount of loading space required by the provisions
of this Ordinance, as a result of an indefiniteness as to the proposed use of a building or land,
the maximum requirement for the general type of use that is involved shall govern.
(10) Uses for which off-street loading facilities are required by this Division, but which are located
in buildings that have a gross floor area that is less than the minimum above, shall be provided
with adequate receiving facilities as determined by the Zoning Administrator.
Section VIII-6-11. Interpretation of Specific Requirements for Loading.

Reserved
Section VIII-6-12. Off-Street Loading Design Standards.

(A) All off-street loading areas, including aisles and driveways, shall be constructed and maintained
with a dustless surface. All runoff shall be directed to a stormwater management structure,
preferably incorporating LID design standards.
(B) In no event shall the required dimensions be less than 15 feet wide, 25 feet long and 15 feet high
except that where one such loading space has been provided, any additional loading space lying
alongside, contiguous to and not separated from such first loading space need not be wider than
12 feet.
(C) All lighting fixtures used to illuminate off-street loading areas shall be designed to comply with
the performance standards relative to glare of the zoning district in which such area is located.
(D) Notwithstanding the standards set forth in this Article, in no instance shall more than five off-
street loading spaces be required for a given use or building, except as may be determined by the
(E) All off-street loading spaces shall be provided with safe and convenient access to a street. If any
such space is located contiguous to a street, the street side thereof shall be curbed and ingress
and egress shall be provided only through driveway openings through the curb of such dimension,
location and construction as may be approved by the Zoning Administrator in accordance with
adopted specifications.

Division 7. Signs.4
It is the intent of this Division to control all signs and advertising displays to protect property values, to
encourage the most appropriate use of land, to secure safety in the streets, to achieve a more desirable
living environment, to protect and enhance the attractiveness of Rappahannock County and to ensure
the safety and general welfare of the citizenry.
Section VIII-7-2. Administration.

(A) Application for Permit. Application for a permit shall be made to the Zoning Administrator of
Rappahannock on a form furnished by him. Each application shall be accompanied by plans
showing the area or size of the sign and proposed design, the method of illumination, if any, the
exact proposed location for such sign and in the case of a suspended or wall sign, the method of
fastening such sign to its supporting structure. In any case where the applicant is not the owner
(or owners) of the property on which a sign is to be erected, no permit shall be granted without
the written consent of the owner (or owners) who shall also acknowledge, in writing, being bound
by the provisions of this Ordinance. More than one sign for the same business establishment may
be included in one permit.
(B) Permit Required. No sign shall be erected or displayed without a current and valid permit issued
by the Zoning Administrator; provided, however, that no such permit shall be required for:
(1) Changing the bill of acts or features on marquees at movie theaters and similar approved signs
which are specifically designed for use as replacement copy.
(2) Signs of a constituted governmental body, including traffic signs and signals or similar
regulatory devices and legal devices or warnings at railroad crossings.
(3) Memorial tablets or signs and historic markers.
(4) Signs required to be maintained by law or governmental order, rule or regulation with a total
surface area not exceeding 10 square feet on any lot or parcel.
(5) Signs which are within a ballpark or other similar public or private recreational use and which
cannot be seen from a public street or adjacent properties.
(6) Flags, emblems or insignia of the United States, the Commonwealth of Virginia,
Rappahannock, other counties and states, the United Nations Organization or similar
organizations of which this nation is a member, the President or Vice President of the United
States, religious groups, civic organizations and service clubs.
(7) Small signs which post or display address numbers.
(8) Small signs displayed for the direction or convenience of the public, including signs which
identify rest rooms or the location of public telephones or the like, with a total area not to
exceed two square feet.
4
Editor’s Note: The regulations contained within this division are from the current Rappahannock County Zoning
Chapter and may need to be replaced with the new regulations for signs if they have been adopted.

(9) Small signs, each of which has a total area not exceeding two square feet, placed by a public
utility showing the location of underground facilities.
(10) Seasonal displays and decorations not advertising a product, service or entertainment.
(11) Freestanding signs or signs attached to fences at approximate eye level, no larger than four
square feet, warning the public against hunting, fishing, trespassing, dangerous animals
and/or swimming.
(12) Signs displayed on any farm by the owner or other operator thereof for the purpose of
identifying such farm or advertising solely the products thereof. No single sign shall exceed 20
square feet in area. The total area of all such signs shall not exceed 40 square feet. Only one
sign shall be allowed on each state road abutting the farm, which shall not exceed 10 feet in
height.
(13) Any informational or directional sign or historical marker erected by a public agency, which
may include signs giving directions and distances to commercial districts for the following
types of commercial facilities for the convenience of the traveling public: restaurants, motels
and establishments for the servicing of motor vehicles, provided that no such sign shall give
directions or distance to any specific business establishment.
(14) Temporary official notices or advertisements posted or displayed by or under the direction of
any public or court officer in the performance of their duties or by trustees under deeds of
trust, deeds of assignment or other similar instruments; provided that all such signs shall be
removed not later than 10 days after the last day of the period for which the same are required
to be displayed in order to accomplish their purpose. The person responsible for erection of
the same is responsible for removal.
(15) Temporary political campaign signs erected on any privately owned lot or parcel subject to
Article IX, Nonconformities, of this Ordinance.
(16) Temporary signs not announcing a campaign, drive or event of a civic, philanthropic,
educational or religious organization subject to Section VIII-7-5 (B)(4) of this Article.
(17) Real estate signs advertising the sale, rental or lease of the premises or part thereof on which
the signs are displayed.
(18) Temporary construction signs which identify the architects, engineers, contractors and other
individuals or firms involved with the construction, but not including the advertisement of any
product, and signs announcing the character of the building enterprise or the purpose for
which the building is intended during the construction period subject to Section VIII-7-5 (B)(6),
of this Article.
(19) Temporary wayside stand signs subject to Article VIII-7-5 (B)(8).
(C) Fees. A fee shall be paid prior to the issuance of a sign permit, in accordance with the existing fee
schedule of Rappahannock County, as established by the Board.
(D) Permit Number. The permit number shall be indicated for each sign for which a permit is required
by this article. Permits are not assignable or transferable by the named permit holder.
(E) Waivers.

(1) Notwithstanding any other provision of this Ordinance, where any sign is permitted based on
the content of the sign, then a sign containing noncommercial content shall be allowed upon
the same terms, conditions, and restrictions as the permitted sign. This provision shall be
interpreted so that in no case shall a sign containing commercial content be favored over one
containing noncommercial content. "Noncommercial content" means the sign content is not
related solely to the economic interests of the speaker and the audience.
(F) Use Permits; Special Exceptions. In the event that a special exception is granted to an applicant in
a conservation, agriculture or residential zoning district, then in such event the BZA or Board may
determine the size and type of sign to be allowed, taking into consideration the surrounding
property uses and Comprehensive Plan, provided that such sign sizes shall not exceed the size of
signs allowed in the commercial or industrial zoning district. If not limited, commercial and
industrial zoning district regulations shall apply.
(G) Liability. No permit shall be granted and no permit shall be valid unless and until the applicant
shall have signed an agreement to indemnify and hold Rappahannock County harmless from any
and all loss or damage to property or injury or death to any and all persons and for all suits, claims,
liabilities or demands of any kind whatsoever resulting directly or indirectly from the erection,
use, maintenance or alteration of any sign or other device authorized by such a permit.
Section VIII-7-3. Exemptions.

Reserved
Section VIII-7-4. Prohibited.

(A) No sign or other device which simulates any traffic control sign, light or device or which is located
in such a manner as to obstruct or interfere with free and clear vision on any public right-of-way,
entranceway or parking area or interfere with, mislead or confuse traffic on any public right-of-
way, entranceway or parking area shall be allowed to be erected or maintained. No sign shall be
erected or maintained in any location where it prevents or impedes free ingress or egress through
any door, window or fire escape route.
(B) Except as provided herein, no person shall erect or display any sign upon or projecting over any
public street, highway, alley, sidewalk or other public right-of-way, except that wall signs may
project 18 inches over public rights-of-way unless such projection would cause hazard to
pedestrian or vehicular traffic. Any sign erected or displayed in violation of this provision shall be
immediately removed by the Zoning Administrator or their authorized representative, except
those signs which may lawfully be in existence at the time this article is adopted, in which case
they are subject to the provisions of this Article.
(C) Animated signs are prohibited.
(D) Roof signs are prohibited except as specifically allowed herein and then only those which meet
the following criteria:
(1) Such signs shall be in the same plane with one exterior wall of the building and must adjoin
the top of the wall; and

(2) Such signs' maximum height shall not be more than two feet in height above the lowest point
of the roof of the building; or
(3) A roof sign may be erected on a parapet wall or on a roof exceeding a forty-five-percent slope,
provided that it does not extend more than four feet above the lowest point of the roof of
such building.
(E) Billboards are prohibited.
(F) Freestanding signs in which the long dimension exceeds the short dimension by a ratio of three
to one (3:1) are prohibited, unless such signs are less than four feet in height and set back from
the property line a minimum of 15 feet, in which case the ratio shall not exceed twenty to one
(20:1).
(G) No sign shall be painted directly onto the exterior surface of a roof.5
Section VIII-7-5. General.

(A) Liability. No permit shall be granted and no permit shall be valid unless and until the applicant
shall have signed an agreement to indemnify and hold Rappahannock County harmless from any
and all loss or damage to property or injury or death to any and all persons and for all suits, claims,
liabilities or demands of any kind whatsoever resulting directly or indirectly from the erection,
use, maintenance or alteration of any sign or other device authorized by such a permit.
(B) Temporary Signs.
(1) One temporary sign shall be allowed for a period not to exceed 30 (3) consecutive days;
however, no temporary sign shall be allowed for more than 60 days per year at any location
for the purpose of advertising an opening, sale or special event.
(2) If there are other existing permitted sign types on a premise, the total maximum sign area
permitted by this Ordinance may be increased by 25% for temporary signs. Areas with
nonconforming signs shall not exceed the maximum sign area permitted.
(3) Persons responsible, jointly or severally, for the removal of a temporary sign are the owner or
occupant of the premise on which it is located, the owner of the sign and the person
responsible for its erection.
(4) Temporary political signs shall not be erected more than 90 days prior to an election or
referendum and shall be removed within 15 days after the election. Persons responsible,
jointly or severally, for the maintenance and removal of political signs are the candidates,
spokesmen or campaign committees, the owner or occupant of the premises on which the
signs are located and the person responsible for its erection.
(5) Temporary signs shall not exceed 50 square feet in area or 10 feet in height.
(6) Temporary construction signs permitted without a permit shall not be erected more than five
days prior to the beginning of construction for which a valid building permit has been issued,
5
Editor's Note: Former Subsection H, which immediately followed, regarding illuminated tubing and strings of lights,
was repealed 9-8-2004.

shall be confined to the site of construction and shall be removed within 14 days following
completion of the work, and in no case, however, shall such signs be displayed for more than
two years.
(7) Temporary signs announcing events sponsored by civic and other nonprofit organizations may
not be displayed for more than 30 days. These signs are in addition to the total allowable sign
area of a premise. All signs must be removed within seven days after the event. Persons
responsible, jointly or severally, for the maintenance and removal of these signs are the club
or organization officers, committee chairman or committee members, the owner or occupant
of the premises on which the signs are located and the person responsible for the temporary
erection of the sign.
(8) Temporary wayside stand signs shall not exceed five signs or an aggregate sign area of 50
square feet, provided that such signs are not attached to the structure and are removed after
the season the stand is in operation.
(9) Temporary directional signs to a business catering to the traveling public but as needed at
intersections, only with written permission of the landowner(s), may be granted only by
special exception from the Board.
(C) Lighting of Signs.
(1) Commercial and Industrial Zoning Districts:
(i) Existing signs. Any lawful method of illumination of a sign in the Commercial and Industrial
Zoning Districts which method existed before the effective date of this subsection may
continue, provided that, if said method of illumination is discontinued for a period of two
years, then any illumination of the sign occurring thereafter shall be in accordance with
the next subsection.
(ii) The illumination of all signs in the Commercial and Industrial Zoning Districts which begins
after the effective date of this section shall be governed by Division 2, Lighting, of this
Article.
(2) Residential and Resource Preservation Zoning Districts:
(i) Existing signs. Any lawful method of illumination of a sign in the Residential and Resource
Preservation Zoning Districts which method existed before the effective date of this
section may continue, provided that, if said method of illumination is discontinued for a
period of two years, then any illumination of the sign occurring thereafter shall be in
accordance with the next subsection.
(ii) New signs. If the illumination of a sign begins after the effective date of this section, the
method of illumination shall be by directionally shielded light fixtures targeted on the sign,
or a light fixture which when used with architectural or structural elements is, in the
opinion of the Zoning Administrator, the functional equivalent of a directionally shielded
light fixture. No other type of sign illumination shall be allowed except by special
exception.

Section VIII-7-6. Permitted Signs by District.
(A) Resource Preservation and Residential Zones. Only the following signs shall be permitted in
resource preservation and residential zones:
(1) Home occupation signs: one sign, not exceeding six square feet in area nor more than six feet
in height, not illuminated, for the purpose of indicating a home occupation which is permitted
under the provisions of this Ordinance.
(2) Church bulletin boards: one church bulletin board, not exceeding 20 square feet in area nor
more than 10 feet in height, when erected or displayed on the property of the church;
provided that when a church faces more than one street, one such bulletin board may be
erected or displayed on each street frontage, with a maximum of 40 square feet allowed on
the property.
(3) Identification signs: one sign, not exceeding 20 square feet in area, for the purpose of showing
the name and use of a convent, monastery, seminary, country club, sanitarium, cemetery,
children's home, orphanage, fraternal organization, hospital or other similar establishment,
when such use is permitted on the subject property as identified. One sign not exceeding two
square feet in area nor more than 10 feet in height shall be permitted for each single-family
home.
(4) Subdivision sign: one sign, not exceeding 12 square feet in area nor more than 10 feet in
height, in each subdivision entrance for the purpose of advertising or identifying a housing
development or subdivision, when erected or displayed on the property so advertised or
identified in conformance with the required building setback line. The total area of all such
signs shall not exceed 24 square feet.
(5) Real estate signs for single-family homes: one sign, not exceeding six square feet nor six feet
in height, for the purpose of advertising the sale, lease or future sale of a single-family home,
when erected or displayed on the property so advertised.
(6) Off-street parking area or lot signs: one sign, not exceeding four square feet in area, at each
entrance and exit of an off-street parking area or lot, provided that it does not conflict with
other provisions of this Division. Such sign shall be regulatory in manner and on the use of
such parking area.
(7) Multifamily dwelling signs: for multifamily dwellings, including apartments, townhouses,
condominiums and other dwellings which are not single-family, the same as for subdivision
signs.
(8) Farm signs: signs displayed on any farm by the owner or operator thereof for the purpose of
identifying such farm or advertising solely the products thereof. No single sign shall exceed 20
square feet in area nor exceed 10 feet in height. The total area of all such signs shall not exceed
40 square feet. (Reserved). 6
(9) Reserved
6
Editor's Note: Former Subsection I, Lighting and color for residential area signs, was repealed 9-8-2004.

(10) Permanent directional signs: Such signs shall be limited to the sale, lease or rental of real
estate which shall be used only for the purpose of indicating the location of the property to
be sold, rented or leased and directional signs to indicate the location of a church or place of
worship or hospital or similar medical institution or historical sites. Two such directional signs,
not exceeding six square feet in area and each six feet in height, shall be allowed, provided
that the following conditions are met:
(i) A statement from the owner of the property indicating their consent to the erection of
the sign shall be filed with the Zoning Administrator.
(ii) In the case of real estate directional signs, a statement from the individual erecting the
sign shall be filed with the Zoning Administrator as to the length of time (not exceeding
90 days) that the sign will remain posted.
(iii) Such signs shall be only three colors, one of which is the background.
(11) In addition to Article VIII-7-6 (A)(10), a maximum of two directional signs will be allowed per
commercial or industrial establishment, including farms from which products are retailed
directly to customers, provided that:
(i) The establishment is not located on a primary highway.
(ii) The sign contains only the name of the establishment and a directional arrow.
(12) Temporary signs: Temporary signs not exceeding 50 square feet in area, announcing a
campaign, drive or event of a civic, philanthropic, educational or religious organization,
provided that the sponsoring organization shall ensure proper and prompt removal of such
signs subject to Article VIII-7-5 (B).
(13) Wayside stand signs: Signs not exceeding five signs or an aggregate sign area of 50 square
feet, provided that such signs not attached to the structure are removed during the season
the stand is not in operation.
(B) Commercial and Industrial Zones.
(1) Total sign area.
(i) In areas zoned as Commercial Village: On properties housing only one tenant, the total
maximum allowable sign area shall not exceed two square feet for each foot of building
(ii) In areas zoned as Commercial General and Industrial: On properties housing only one
tenant, the total maximum allowable sign area shall not exceed two square feet the first
50 feet of building frontage plus one square foot of sign area for each additional foot.
Total sign area, however, shall not exceed 150 square feet in area, except where only one
sign identifying the establishment exists.
(iii) In areas zoned as Commercial Highway: On properties housing only one tenant, the total
maximum allowable sign area shall not exceed two square feet of area for each foot of
building frontage. Total sign area, however, shall not exceed 150 square feet, or 250
square feet if the building is over 200 feet from the highway right-of-way line.

(iv) On properties housing more than one tenant, the total maximum allowable sign areas
permitted in this Section VIII-7-6(B)(i) through (iii) will be prorated by frontage to each
tenant.
(2) Permitted signs. Permitted signs shall be as follows:
(i) Temporary signs.
(ii) Window signs.
(iii) Roof signs.
(iv) Arcade signs.
(v) Wall signs.
(vi) Building-mounted signs.
(vii) Theater signs. Signs advertising the acts or features to be given in a theater may be
displayed on permanent frames erected on theater buildings; provided that the bottom
of such frame erected flat against a wall may not be less than 10 feet above the sidewalk,
alley or parking area; and provided further that when the area of any such frame facing a
street, alley or parking area does not exceed 24 square feet and the area of all such frames
facing such street, alley or parking area does not exceed 48 square feet, the area of the
signs displayed thereon shall not be included in determining the total area of signs erected
or displayed.
(viii) Pole signs: gasoline service stations. All other provisions of this Division notwithstanding,
each and every automobile gasoline service station shall be permitted to have one pole
sign not to exceed 20 feet in height. Whenever a pole sign is erected or maintained under
this provision, no additional freestanding or pole sign of any type shall be permitted on
the same premises. A permitted pole sign shall only display the principal trademark
symbol, name, other identifying design and/or the word "gas," "gasoline," or "fuel." No
other signs, identification or advertisements shall be attached thereto. In addition to pole
sign area, the following types of signs shall be allowed and shall be included in the total
sign area permitted in this subsection:
(a) A building sign utilizing the trademark, symbol, name or other identifying design.
(b) Temporary placecards or posters displayed on the outside surface of gasoline pumps,
advertising special products, grades of gasoline, oil or service.
(c) One freestanding sign not to exceed 10 square feet in area for the purpose of
displaying the price of fuel or other products or services. No part of said sign shall
exceed three feet in height or four feet in height if set back a minimum of 10 feet from
the property line.
(ix) Freestanding signs.
(a) One for each street frontage shall be permitted for a shopping center, which shall not
exceed 75 square feet for each sign.

(b) One for each individual enterprise or group of enterprises not constituting a shopping
center where the building is set back at least 50 feet from the front lot line shall be
permitted. A maximum of 50 square feet in area shall be permitted for each sign.
(c) Freestanding signs as may be reasonably necessary to indicate entrance and exit to
places of business shall be permitted, provided that such signs shall not exceed two
square feet in area or three feet in height and include only the word "entrance" or
"exit."
(x) Real estate, contractor's, subcontractor's and directional signs.
(a) Real estate sign. One sign shall be permitted for the purpose of advertising the sale,
lease or rental when erected or displayed on the property so advertised. Such sign
shall not exceed 12 square feet in area nor six feet in height nor 10 feet in height when
such sign is set back at least 50 feet from the front lot line.
(b) Contractor's and subcontractor's signs. One contractor's sign, not exceeding 12
square feet in area, and one sign for each subcontractor, not exceeding four square
feet in area, shall be permitted when erected or displayed on the premises upon
which building operations are being conducted, provided that such signs shall be
removed upon completion of the work. Height of freestanding signs shall not exceed
10 feet for contractor's sign and six feet for subcontractor's.
(c) Directional signs. Directional signs shall be prohibited except for those limited to the
sales, lease or rental of real estate and then only for the purpose of indicating the
location of the property to be sold, leased or rented, and except those directional
signs used to indicate the location of a church or place of worship or hospital or similar
medical institution or historical site. Two such directional signs, not exceeding six
square feet in area each or six feet in height each are allowed, provided that the
following conditions are met:
1. A statement from the owner of the property indicating their consent to the
erection of the sign shall be filed with the Zoning Administrator.
2. In the case of real estate directional signs, a statement from the individual
erecting the sign as to the length of time (not exceeding 90 days) that the sign will
remain posted shall be filed with the Zoning Administrator.
(d) In addition to Article VIII-7-6 (B)(2)(x)(c), a maximum of two directional signs shall be
allowed per commercial or industrial establishment, including farms from which
products are retailed directly to customers, provided that:
1. The establishment is not located on a primary highway.
2. The sign contains only the name of the establishment and a directional arrow.
(3) The following customary advertisements and identifications shall not be included in the total
sign area permitted in this Division:
(i) A single sign identifying the name of the owner, a proprietor or manager, the address of
the property and the telephone number, not to exceed a total area of 2 1/2 square feet.

(ii) Vending machines that dispense or offer for sale any products or services, provided that
such machines are grouped together in a permanent structure, enclosed on at least three
sides.
(iii) Signs identifying the special functions of the various service bays or areas may be erected
on the building facade above the doorways, with the lowest portion of such signs being
no lower than the highest point of doorways and containing no advertising.
(iv) Temporary paper, cardboard or plastic show window signs.
(4) General regulations.
(i) Building-mounted signs may be located anywhere on the surface of the building and may
not project more than 18 inches therefrom, except that signs may be projecting signs if
they do not project beyond the street line or nearer than two feet from any curbline.
(ii) No roof-mounted sign shall extend more than four feet above the lowest point of the roof,
except where there is a structural or functional part of the building extending above the
roof, such as a parapet, mansard or other such architectural embellishment.
(iii) Signs may be on the vertical face of the marquee but shall not project below the lowest
edge of the marquee. The bottom of the marquee sign shall not be less than 10 feet above
a walkway or grade at any point. No part of the sign shall extend above the vertical
marquee face, and no such sign shall exceed seven feet in height.
(iv) Canopy, awning or marquee. No entrance or awning shall be used for any advertisement,
lettering or symbol other than the name of the owner or proprietor of the business and
its street address. Marquees shall bear no structural weight of the building and shall
support no structure, utility shed or other facility, except a sign above the marquee of not
more than three feet in height identifying the premises by name or address. When such
additional sign is erected, the area shall be added to the area of the display surfaces of
the marquee in determining the total sign area.
(v) The area of any sign hung, placed or displayed on a marquee, canopy or portico or on any
roof or parapet wall or the area of any arcade sign or any projecting sign shall be included
in determining the total area of signs erected or displayed on the property under this
section.
(vi) No freestanding signs, where permitted, shall project beyond any property line or be
within two feet of the curbline of a service drive or travel lane or adjoining street.
(vii) Unless further restricted by the provisions that follow, no freestanding sign shall exceed a
height of 20 feet above ground level, including its supports.
(viii) All signs shall have a minimum clearance of eight feet above a walkway and 14 feet above
a driveway or alley.
(ix) Signs shall be limited to identifying or advertising the property, the individual enterprises,
the products, services or the entertainment available on the same property where the
sign is located. Temporary signs announcing events sponsored by civic and other nonprofit

organizations may not be displayed for longer than 30 days. These signs are not to be
included in the total allowable sign area of the premise.
(x) Service stations may be allowed one sign on each gasoline pump for the purpose of
identifying the specific product dispensed from that pump, not to exceed four feet in
height.
(xi) No sign other than the one indicated on the sign application shall be attached to a
freestanding sign.
(xii) No portion of a freestanding sign shall be constructed to a height greater than 20 feet
above the grade level of the property on which the sign is erected. The lower edge of the
sign face of a freestanding or pole sign shall be at least 10 feet above the grade level of
the base of the sign if erected or maintained within 15 feet of the curbline of the roadway.
No freestanding sign shall be nearer than two feet to any building or other structure and
shall be set back from the side and rear property lines, the same as indicated in the zoning
district in which located.
Section VIII-7-7. Nonconforming Signs.

(A) Signs which are either nonconforming uses or are accessory uses to such nonconforming uses as
set forth in Article IX, Nonconformities, of this Ordinance and Title 15.2 of the 1950 Code of
Virginia, as amended, as of the effective date of this Division, shall continue to be lawful as
nonconforming uses in accordance with such Article; provided, however, that in the event that
the nonconforming uses become an unlawful use, then the subject sign shall be deemed to be an
unlawful sign.
(B) However, nonconforming signs, if damaged to more than 1/2 of the appraised value or 1/10 of
the rental value, whichever is less, shall not be repaired or replaced and shall be removed; and
the extent of the damage shall be determined by the Building Inspector.
(C) In any event, all billboards shall be removed by 1995. Any billboard upon which no paid
advertisement exists for a period in excess of two years shall likewise be removed.
(D) All nonconforming signs and any signs for which a valid permit has not been previously issued
shall be required to register or obtain a permit for the same within 30 days after notification by
the Zoning Administrator or 360 days from the date of adoption of this Division, whichever is first.
Failure to register or obtain a permit for the same shall constitute an illegal sign, and the Zoning
Administrator, after 30 days' written notice, shall cause such removal and charge the cost to the
owner of the premises. Any sign erected in clear violation of any zoning ordinance in effect when
the sign was erected, as determined by the Zoning Administrator, shall not be registered or a
permit issued and shall be removed or altered to conform to the requirements of this Ordinance.
No fee will be required for sign registration.
Section VIII-7-8. Enforcement.

(A) Revocation of Permit. If a sign is not erected within six months following the issuance of a sign
permit, said permit shall become null and void as to such sign. Under no circumstances are permit
fees refundable.

(B) Removal of Signs. Whenever the use of a building or premise by a specified business or
occupation is discontinued, any signs pertaining thereto shall be removed within a period of 60
days following the discontinuance of such business or occupation. If, after written notice from
the Zoning Administrator, such signs are not removed within 10 days, the Zoning Administrator
shall cause such removal and charge the cost to the owner of the premises.
(C) The Zoning Administrator shall give written notice to the sign permit holder to remove such sign
within five days when it is in violation of any provision of this Division (except nonconforming
signs), and it shall be the duty of the sign permittee to remove it within that time or bear the cost
for its removal by the Zoning Administrator or their authorized representative. The owner of the
premises shall be responsible only in the event that the sign permittee's business is abandoned
and/or the tenant cannot be located by reasonable effort.
(D) The Zoning Administrator or their authorized representative shall remove any sign erected in a
public right-of-way in violation of any provision of this Division, impound the sign and give written
notice to the owner of the sign if ownership is readily determinable from the sign. The owner may
secure release of the sign upon payment of the cost incurred by the County for removing the sign
plus $1 per day for each day of storage. Signs not redeemed within a period of 30 days after the
placing of such notice in the mail shall become the property of Rappahannock County at its
option.
(E) Any sign which becomes a safety hazard or which is not kept in good general condition and in a
reasonably good state of repair and is not, after 30 days' written notice to the owner or permittee,
put in a safe and good state of repair is hereby declared a public and private nuisance and may
be removed, obliterated or abated by the Zoning Administrator or their authorized
representative. Any sign which, in the opinion of the Zoning Administrator constitutes an
immediate or imminent danger to life or property may be removed or put in safe condition by
them immediately. The County may collect the cost of such removal, obliteration or abatement
from the owner or permittee.
(F) Any written notice required by the Zoning Administrator shall be sent to the last known address
of the addressee as it appears in the tax records of the Commissioner of Revenue of
Rappahannock County.
Division 8. Private Streets.

Reserved

(A) The following types of private streets may be allowed in the following developments, provided
that applicable standards set forth in this Division are met:
(1) Type I: all developments.
(2) Type II: Single-family detached dwelling developments serving lots which meet a density of
one dwelling unit per 25 acres.

(3) Type III: Family subdivision only.
Section VIII-8-3. Limitations.

(A) The following limitations shall apply unless modified by the Board in conjunction with a request
for a special exception, site plan approval, subdivision plan approval or family transfer; provided
that the applicant can show that no other remedy is realistically feasible, that plausible
alternatives have been exhausted, that not modifying the applicable limitation(s) would place an
unreasonable restriction on the use of the property and that properties through which access is
planned shall not be unreasonably affected.
(B) Type I: all types of development.
(1) Private streets within a development shall be limited to those streets which are not required
or designed to provide access to adjacent properties or the remainder of the tract being
developed, or other streets, as determined by the Commission.
(2) The private street must connect directly to a state-maintained street.
(3) The right-of-way must be a minimum of 50 feet in width.
(C) Type II. No private streets not built to Type I standards shall serve more than five lots.
(D) Type III. Type III private streets shall be located within a right-of-way as required in § 147-
36B(1)(b) and § 15.2-2244(A) of the Code of Virginia 1950 (as amended).
Section VIII-8-4. Design Standards.

(A) Pavement widths shall be the minimum required to support travel lanes, on-street parking, and
emergency, maintenance, and service vehicle access, as applicable. Alternate street layouts and
turnarounds for residential areas shall be examined to minimize the total length of impervious
surface. Culs-de-sac, when used, shall either incorporate landscaped areas to reduce imperious
area or be designed at the minimum radius required to accommodate emergency and
maintenance vehicles. Specific design standards shall be as follows:
(1) Type I: minimum VDOT specifications.
(2) Type II: Such facilities shall be designed to meet minimum applicable requirements contained
in Appendix C of the 1973 Subdivision Ordinance. 7
(3) Type III: none.
Section VIII-8-5. Construction Standards.

(A) Construction standards shall be as follows:
(1) Type I and II private streets shall be constructed in accordance with approved plans and
profiles. A performance bond shall be required to ensure proper and complete
construction.
7
Editor's Note: The Type II Road Standards appear at the end of Chapter 147, Subdivision of Land.

(2) Type III: none.
Section VIII-8-6. Ingress and Egress Easements.

Ingress and egress easements for public emergency shall be granted to the County for all private streets
within a development. Such easements shall be recorded with the instruments which create the private
street (including Types I, II and III).
Section VIII-8-7. Ownership and Maintenance.

In no event shall a Type I private street be approved unless there is established a nonprofit homeowners
organization or other legal entity under the laws of Virginia for the care and maintenance of the
street(s). Such organization shall be created by covenants running with the land and shall be composed
of all persons using the street(s). Membership fees shall be established, and provisions for modification
shall be included. Covenants shall include a statement to the effect that the County is not responsible
for a maintenance unless and until the street is constructed to the required standards and accepted by
the VDOT into the secondary system.
ARTICLE IX – Nonconformities.
Section IX-1-1. Intent.
With the adoption of this Ordinance or subsequent amendments, there exists lots, structures, and use
of land and structures in combination which were lawful before this Ordinance was adopted or
amended, but which would be prohibited, regulated, or restricted under the terms of this Ordinance
or future amendments. It is the intent of this Ordinance to permit these nonconformities to continue
as established prior to Ordinance adoption and in accordance with the Code of Virginia § 15.2-2307, as
amended.
Section IX-1-2. General.

Except as otherwise provided in this Ordinance, any lawful use, building, or structure existing at the
time of an amendment to this Ordinance may be continued even though such use, building, or structure
may not conform to this Ordinance’s provisions and shall be deemed nonconforming. A change in
occupancy or ownership shall not affect the right for the nonconforming use to continue or the
nonconforming building or structure to remain.
ARTICLE IX – Nonconformities. | 179

Division 2. Nonconformities
Section IX-2-1. Nonconforming Uses
(A) A legal nonconforming use may continue as it existed when it became nonconforming. A
nonconforming use shall not be reconstructed, relocated, altered, enlarged, extended, or
expanded in any manner, including the addition of new accessory uses, except as provided for in
this Division.
(B) A nonconforming use may change to a conforming use.
(C) A nonconforming use may be enlarged if:8
(1) It is extended throughout a building which it is already occupying at the time of enactment of
this Ordinance, provided there are no structural alterations, expansion, or enlargement except
those required by law or lawful order.
(2) The use is enlarged without the extension, renovation, or enlargement of any building or
structure, provided that the use does not increase larger than 50% of its current aggregate
value.
(3) A special exception is received from the Board of Supervisors.
(D) A nonconforming use shall not be enlarged or extended so that the character of the existing use
no longer matches the applicable zoning regulations.
(E) A nonconforming use may be changed to another nonconforming use of the same or of a more
restricted classification. A more restricted nonconforming use is a use that is more conforming to
the Ordinance regulations than the original nonconforming use, or that occupies less area of the
lot or the structure or structures in which it is located.
(1) Whenever a nonconforming use of land or buildings has been changed to a more restricted
use or to a conforming use, the original nonconforming use shall be deemed to be abandoned
and such use shall not thereafter be changed to a less restricted use.
(F) No use which is accessory to a principal nonconforming use shall continue after such principal
use shall cease or terminate.
(G) A nonconforming dwelling unit may have a home occupation subject to the requirements of
Article VI, Use Matrix, and Article VII, Use Standards, of this Ordinance.9
(H) A nonconforming quarry or cemetery may be enlarged or extended to either occupy or use an
additional area of the lot, or other abutting lots under identical ownership as the lot on which the
nonconforming use exists, if owned on the effective date of this Ordinance.
(I) Any special exception established prior to the effective date of this Ordinance shall not be
deemed to be a nonconforming use.
8
Editor’s Note: Current provisions for nonconforming uses were conflicting and required legislative action for any
enlargement. These regulations recommend administrative approvals for certain enlargements followed by
legislative approval for larger instances.
9
Editor’s Note: This is a new provision added as best practice.

(J) A nonconforming use shall lose its nonconforming status, and any further use shall conform to
the requirements of this Ordinance when:
(1) The nonconforming use is discontinued for a period of two (2) years, regardless of whether or
not equipment or fixtures are removed and shall be deemed abandoned.
(2) The nonconforming use is abandoned, regardless of the length of time that has passed.
Abandonment means intentionally stopping the use.
(3) The removal of a structure that had a nonconforming use carried out inside; removal of the
structure shall eliminate the nonconforming status of the land, and the nonconforming use
may not continue in a new structure.
(K) The casual, intermittent, temporary, or illegal use of land or buildings shall not be sufficient to
establish the existence of a nonconforming use, and the existence of a nonconforming use on a
part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or
tract.
(L) A building in which a nonconforming use is conducted that is damaged or destroyed by any
casualty to any extent may be restored within two years after such destruction or damage but
shall not be enlarged except as provided in Section IX-2-1(J).
(M) No nonconforming use shall be altered, modified or enlarged, pursuant to this Article, so as to
conflict with the use limitations for the zoning district in which such use is located.
(N) Zoning Administrator Determination.
(1) The Zoning Administrator's determination of whether the character of a nonconforming use
has changed shall be based on:
(i) The magnitude of the change in the size and scope of the use.
(a) In evaluating the change in the size and scope of the use, an increase in the volume
or intensity of the use and any alteration or variation in the use, such as the provision
of additional goods or services, shall be considered.
(ii) The effects these changes have upon the purposes of this Ordinance.
(2) Determining whether a nonconforming use exists shall be a question of fact, when evidence
available to the Administrator is deemed to be inconclusive, it shall be decided by the Board
of Zoning Appeals after public notice and hearing.
Section IX-2-2. Nonconforming Lots of Record.

(A) If a lot of record existing on or before ________ (effective date of ordinance) does not meet the
minimum area, length, or width standards for the district it is in, it may be used if:
(1) The lot can meet all setbacks and other requirements of this Ordinance.
(2) If the lot cannot meet the setbacks and other requirements, a variance shall be obtained
through the variance processes outlined in Article III, Permits and Applications, of this
Ordinance.

(B) A developed nonconforming lot may continue in existence but may not be altered except in
accordance with this Article.
(C) A nonconforming lot may be subdivided as part of a subdivision if all of the resulting lots comply
with the requirements of the zoning district in which they are located and all other applicable
requirements of the Rappahannock County Code, provided that such subdivision does not:
(1) Make a conforming lot nonconforming; or
(2) Make a nonconforming lot more nonconforming.
(D) Any lot which is reduced in size and becomes less in area or width than the minimum required by
the zoning district, as the result of dedication of land for public use or the exercise of eminent
domain, shall be considered a nonconforming lot of record.
(E) A nonconforming lot may become a conforming lot by meeting the current minimum lot size, lot
width, and lot frontage requirements of the zoning district in which the lot is located through the
following actions:
(1) A consolidation of the nonconforming lot with an adjacent lot;
(2) A boundary adjustment between two contiguous lots, one being nonconforming and the other
being conforming, provided such adjustment does not make the conforming lot
nonconforming, does not create an additional lot, does not increase the nonconforming lot’s
nonconformity, and does not increase the number of allowable lots or dwelling units that
could be established in the Rural Areas Zoning District; or
(F) Rezoning to a different zoning district to meet the lot size, lot width, and lot frontage
requirements of that district.
(G) Any dwelling or other structure to be erected on a nonconforming lot shall in any case meet the
yard requirements of this Ordinance. The BZA may consider granting a variance to these
requirements only if adjacent lots are under separate ownership on the effective date of this
Ordinance or the lot(s) have been legally approved and recorded prior to 1973.
Section IX-2-3. Nonconforming Structures, Buildings, and Improvements.

(A) The construction of a nonconforming building for which a permit was issued legally prior to the
adoption of this Ordinance may proceed, in accordance with Article I, Division 4, Transition of
Regulations After Adoption, of this Ordinance.
(B) A nonconforming structure or nonconforming improvement may continue as it existed when it
became nonconforming. A nonconforming structure or nonconforming improvement shall not
be reconstructed, altered, or expanded in any manner, except as provided in this Section and
Section IX-2-4, Repairs and Maintenance.
(C) A nonconforming building or structure shall include those circumstances where Rappahannock
County has:
(1) Issued a building permit or other permit authorizing construction and the building or structure
was constructed in accordance with the building permit, and upon completion, Rappahannock
County issued a certificate of occupancy; or

(2) The owner of the building or structure has paid real estate taxes to the County for such
building or structure for a period of more than the previous 15 years.
(D) A nonconforming building or structure shall include those circumstances where:
(1) A permit was not required, and an authorized governmental official informed the property
owner that the structure would comply with the Zoning Ordinance; and
(2) The improvements were then constructed accordingly.
(3) However, in any proceeding when the authorized County official is deceased or unavailable to
testify, uncorroborated testimony of the oral statement of such official shall not be sufficient
evidence to prove that the authorized County official made such statement.
(E) In no instances shall the nonconforming circumstance of the structure relate, or provide
nonconforming status, to a use. Nonconforming uses are established as outlined in Section IX-2-
1, Nonconforming Uses, of this Article.
(F) A nonconforming structure may be changed to make it a conforming structure.
(G) A building or structure nonconforming only as to height, area, or bulk requirements may be
altered or extended, provided such alteration or extension does not increase the degree of
nonconformity in any respect.
(H) A nonconforming structure may be structurally altered to reduce its height or floor area.
However, if a nonconforming structure is nonconforming due to height or floor area, and it is
altered to reduce either the height or the floor area of the structure, the original height or the
floor area shall be deemed to be abandoned and the structure shall not be altered to the original
height or floor area.
(I) Any nonconforming building or structure may be brought into compliance with the Uniform
Statewide Building Code or the Virginia Department of Health without affecting the
nonconforming status of the building or structure.
(1) An enlargement or extension to a house for potable water supply, toilet, or other sanitary
facilities may be added, provided that:
(i) The facilities are not a duplicate of facilities in the existing structure.
(ii) The enlargement or extension is limited to only the area necessary to accommodate the
facilities.
(iii) The use of the area is devoted only to sanitary facilities.
(iv) The location is approved by the Zoning Administrator.
(J) If a nonconforming structure is demolished or removed, no nonconforming structure shall be
reestablished, except as provided under Section IX-2-4, Repairs and Maintenance.
(K) If a nonconforming structure is removed for any reason to another parcel of land, regardless of
distance, or the lot lines of the parcel on which it is located change, the structure shall thereafter
conform to the requirements of the district in which it is located.

Section IX-2-4. Repairs and Maintenance.
(A) On any nonconforming structure or portion of a structure containing a nonconforming use, work
may be done in any period of 12 consecutive months if:
(1) Such repair constitutes routine maintenance necessary to keep the structure or improvement
in the same general condition it was in when it originally became nonconforming; or
(2) Such repair constitutes minor alterations, cosmetic modifications, interior renovations, and
similar changes or achieve compliance with the Virginia Department of Health or Uniform
Statewide Building Code as outlined in Section IX-2-3(I).
(3) The square footage of the nonconforming structure, as it existed at the time of passage or
amendment of this Ordinance, shall not be increased.
(B) Nothing in this Ordinance shall permit a complete rebuild of a non-conforming structure, nor
serve to circumvent the requirements of this Article.
(C) Nothing in this Ordinance shall be deemed to prevent the strengthening or restoring to a safe
condition of any structure or part thereof declared to be unsafe by any official charged with
protecting the public safety, on order of such official.
(D) If a nonconforming building or structure is damaged or destroyed, even if 50% or greater, by fire,
natural disaster or other act of God, such building or structure may be repaired, rebuilt, or
replaced provided that:
(1) The nonconforming features are eliminated or reduced to the extent possible, without the
need to obtain a variance;
(2) The owner shall apply for a building permit and any work done to repair, rebuild or replace
such building shall be in compliance with the provisions of the Uniform Statewide Building
Code;
(3) The requirements of the Floodplain Overlay District regulations of this Ordinance; and
(4) The work is done within two years unless the building is in an area under a federal disaster
declaration and was damaged or destroyed as a direct result of the disaster, in which case the
time period shall be extended to four years.
(E) Owners of property damaged by an accidental fire have the same rights to rebuild such property
as if it were damaged by an act of God. Nothing herein shall be construed to enable the property
owner to commit arson and obtain vested rights under this Section.
(F) If a nonconforming mobile home is removed other than by natural disaster or public action, it
may not be replaced except as provided for below unless it complies with regulations within the
Ordinance. Any such replacement home shall retain the valid nonconforming status of the prior
home.
(1) Nothing in this Section shall be construed to prevent the landowner or homeowner from
removing a valid nonconforming manufactured home from a mobile or manufactured home
park and replacing that home with another comparable manufactured home that meets the
current HUD manufactured housing code. In such mobile or manufactured home park, a

single-section home may replace a single-section home and a multi-section home may replace
a multi-section home.
(2) The owner of a valid nonconforming mobile or manufactured home not located in a mobile or
manufactured home park may replace that home with a newer manufactured home, either
single- or multi-section, that meets the current HUD manufactured housing code.
ARTICLE X – Definitions.
Division 1. Abbreviations.
Abbreviations shall have the following meanings:
(A) Zoning districts: See Article IV, Zoning Districts.
(B) Overlay zoning district: See Article V, Overlay Zoning Districts.
(C) General:
Table X-1. General Abbreviations

Abbreviation Meaning
a. or ac. Acre(s)
Administrator Zoning Administrator
ANSI American National Standards Institute
Board The Rappahannock County Board of Supervisors
BZA The Rappahannock County Board of Zoning Appeals
Commission The Rappahannock County Planning Commission
dB Decibel
DU or d.u. Dwelling unit
Ft. Foot or feet
ARTICLE X – Definitions. | 185

Incl Includes or including
Max. Maximum
Min. Minimum
SCC State Corporation Commission
Sq. ft. Square foot (or feet)
VDOT Virginia Department of Transportation
ZA Zoning Administrator
Division 2. Word Usage.

(A) Words used in the present tense can include the future; words used in the masculine gender can
include the feminine and neuter; words in the singular number can include the plural; and words
in the plural can include the singular, unless the obvious construction of the wording indicates
otherwise.
(B) The word “shall” means mandatory.
(C) Unless otherwise specified, all distances shall be measured horizontally and at right angles to the
line from which the distance is specified.
(D) Unless otherwise specified, the term “day” shall mean calendar day.
(E) The words "building" and "structure" are synonymous; the word "lot" means plot, parcel or tract;
the word "used" means designed, intended or arranged to be used; the term "erected" means
constructed, reconstructed, altered, placed, relocated or removed.
(F) The terms “land use” and “use of land” means building use and use of building.
(G) The word “adjacent” means nearby and not necessarily contiguous; the word “contiguous”
means touching and sharing a common point of line.
(H) The word "state" means the Commonwealth of Virginia. The word "County" means the County of
Rappahannock, Commonwealth of Virginia, and the term "County boundary" means any exterior
boundary of the County or any boundary of unincorporated territory within the County.
(I) The terms "Board of Supervisors," "Planning Commission," "Board of Zoning Appeals," "Zoning
Administrator," "Health Officer," "Virginia Department of Transportation" and other similar
offices shall mean the respective boards, commissions and officers of Rappahannock County
and/or their authorized agents. The use of the term "Board" shall always mean the Board of
Supervisors; and the use of the term Administrator shall always mean the Zoning Administrator.
Division 3. General and Use Definitions.

The following definitions shall be used in the interpretation and administration of this Ordinance. The
definition of various terms as presented herein does not necessarily represent the same definitions as
may be found for the same terms in other articles of the Ordinance. As used in this Ordinance, the
following terms shall have the meanings indicated:

Acceleration. See definitions under “Vibration.”
Accessory Use. “Accessory uses” as permitted by this Ordinance are set forth Article VII, Use Standards.
An “accessory use” is a use or building which:
(A) Is clearly subordinate to, customarily found in association with and serves a principal use;
(B) Is subordinate in purpose, area, or extent to the principal use served;
(C) Contributes to the comfort, convenience or necessity of the occupants, business enterprise or
industrial operation within the principal use served; and
(D) Is located on the same lot as the principal use, except that any building that is customarily
incidental to any agricultural use shall be deemed to be an accessory use whether or not it is
situated on the same lot with the principal building.
Acre. A measure of land equaling 43,560 square feet.
Adaptive Uses. Any special exception use conducted in accordance with the provisions of Article VI, Use
Matrix, and Article VII, Use Standards, of this Ordinance to permit an existing structure to be used for
purposes not allowed by the structure’s current zoning.
Administrator. The Rappahannock County Zoning Administrator.
Agriculture.
(A) The use of a tract of land of not less than five acres for:
(1) The tilling of the soil;
(2) The growing of crops or plants of any kind in the open, including forestry;
(3) Pasturage;
(4) Horticulture;
(5) Dairying;
(6) Floriculture; or
(7) Raising of poultry and/or livestock.
(B) The term “agriculture” shall not include the following uses:
(1) The maintenance and operation of commercial greenhouses and hydroponic farms;
(2) The raising of fur-bearing animals as a principal use; or
(3) The operation or maintenance of a commercial stockyard or feedyard.
(C) Furthermore, the definition of “agriculture” shall not be deemed to preclude:
(1) The keeping of livestock on parcels of two acres or more in size; or
(2) Gardening as permitted as an accessory use.
Alley. A narrow strip of land intended for vehicular traffic which has a minimum width of 20 feet and is
designed to give access to the side or rear of properties whose principal frontage is on another street.
Amplitude. See definitions under “Vibration.”

Animal Shelter (Governmental). As differentiated from a “kennel,” as defined herein, any place so
designed and operated by the governmental agency to provide for the temporary accommodations
and/or disposal of five or more common household pets which are stray or not wanted by their
owner(s) until appropriate disposition of such pets can be effectuated.
Animated Sign. Includes any sign or device that attracts attention, all or part of which moves by any
means, including fluttering, rotating or otherwise moving devices, or is designed to be set in motion by
movement of the atmosphere, including but not limited to pennants, banners, flags, discs or propellers,
regardless of whether said device has any written message content. Also, an animated sign shall mean
and include any sign or device displaying flashing or intermittent light or lights of changing degrees of
intensity, with changes alternating on not less than a one-hour cycle, except a sign indicating time
and/or temperature.
Arcade Sign. Any sign projecting from beneath the underside of any structural overhang or passageway
(vehicular or pedestrian).
Area of a Sign. Includes the area within rectangular lines inscribed around any or all words, symbols or
pictorial elements on the face of a sign, provided that:
(A) The area of a sign or any portion thereof having a distinctive or ornamental background, which
sets such background apart from a larger surface so that it forms an integral part or element of
the sign, as distinguished from a functional part of the building exclusive of such sign, shall include
the area of the background.
(B) The area of a freestanding sign or any portion thereof having a background which extends beyond
the words, symbols or pictorial elements thereof shall include the area of such background.
(C) If any portion of the words, symbols or pictorial elements of a sign extend beyond a border or
background, the area of such sign shall be the area of a rectangle inscribed around it.
(D) The area of a double-face sign, as herein defined, shall be considered to be the area of one face
only.
Architect. A professional who is registered with the State Department of Professional and Occupational
Registration as an architect.
Automobile Graveyard. Any lot or place which is exposed to the weather and upon which more than
two inoperable or junk motor vehicles, trailers, semitrailers, buses or the like are placed, located or
found.
Automobile Service Station. See “Service Station.”
Barn. A structure used in conjunction with an agricultural use, which may include the housing of
livestock and/or storage of fodder or equipment.
Bed-and-Breakfast. Transient lodging that accommodates not more than 10 persons in not more than
five rooms/lodging units and:
(A) May be rented by individual lodging unit to different parties of guests;
(B) Shall have a resident manager; and
(C) May serve meals to its overnight guests.

Beer. An alcoholic beverage produced by the fermentation of an infusion or decoction of barley, malt,
hops, or other grain, in drinkable water, and containing one-half of one percent or more of alcohol by
volume.
Billboard. Any sign used as an outdoor display for the purpose of making anything known, where the
product, business or thing so advertised or displayed is not on the site or property on which said sign
is erected or displayed, excluding directional signs.
Boardinghouse. See “Tourist Home.”
Brewery. Any use which produces beer. This use shall include the right to conduct any activity permitted
to the holder of a beer license as enumerated in § 4.1-208 of the Code of Virginia. A site plan shall be
required. Bus Tours shall only be permitted in accordance with Article VII, Use Standards. Neither a site
plan nor other permitting shall be required for uses set forth in Subsection 2 of § 4.1-208 of the Code
of Virginia.
Building. Any structure used or intended for supporting or sheltering any use or occupancy.
Building, Accessory. See “Accessory Use.”
Building Front. The one face or wall of a building which is architecturally designed as the front of the
building and which normally contains the main entrance(s) for use by the general public.
Building Group. A group of two or more main buildings and any uses accessory thereto occupying a lot
in one ownership and having one yard in common.
Building Height. See “Height, Building.”
Building-Mounted Sign. Any sign attached to and deriving its major support from a building, including
the following: arcade sign, awning sign, canopy sign, cornice sign, marquee sign, parapet sign, plaque
sign, projecting sign, roof sign, wall sign and window sign.
Building, Principal. A building in which is conducted the primary use of the lot on which it is situated.
Bulk Regulations. Regulations controlling the size of structures and the relationship of structures and
uses to each other and to open areas and lot lines. “Bulk regulations” include provisions controlling
minimum building height and minimum yard requirements.
Business Office. See “Office, Business.”
Camping Trailer. A vehicular portable structure mounted on wheels, constructed with collapsible,
partial side walls of fabric, plastic, or other pliable materials for folding compactly while being
transported.
Camp- or Recreation Ground. An area or premise, usually operated as a commercial enterprise,
generally providing space for seasonal accommodations for transient occupancy or use by tourists
occupying camping trailers, self-propelled campers, tents and/or lodges. With such accommodations
are normally to be found facilities for picnicking, boating, fishing, swimming, outdoor games and other
sports and activities, but not including miniature golf courses, golf ranges or any mechanical
amusement devices. A "campground" shall be designed for seasonal occupancy, as opposed to
permanent year-round occupancy, and shall not be constructed to mean a "mobile home park" as
defined herein.

Candle. See definitions under “Glare.”
Canopy Sign. Any sign attached to a structure other than an awning, with frames attached to a building,
projecting therefrom and carried by a frame supported at grade level.
Carnival. A traveling or transportable group or aggregation of rides, shows, games or concessions, or
any combination thereof.
Carport. Any space outside of a building and contiguous thereto wholly or partially covered by a roof
and used for the shelter of parked motor vehicles. A “carport” is to have no enclosure, other than the
side of the building to which the carport is contiguous, that is more than 18 inches in height, exclusive
of screens.
Car Wash. A structure, or portion thereof, containing facilities for washing motor vehicles, using
production-line, automated or semiautomated methods for washing, whether or not employing a chain
conveyor, blower, steam-cleaner or similar mechanical devices.
Category 1 Farm Winery. A use wherein wine is produced and at least 51% of the fruit or other
agricultural products used are grown on premises. "Grown on premises" means the fruit or other
agricultural products are grown, raised, or harvested or collected on the same parcel of land where the
wine is produced, or on a contiguous parcel under the same ownership. A Category 1 farm winery may
include facilities for tasting and for the retail sale of wine in closed containers for off-premises
consumption to the extent permitted by Title 4.1 of the Code of Virginia. A Category 1 farm winery shall
maintain at all times a Class A or B Farm Winery permit from the Alcoholic Beverage Control Board. A
Category 1 farm winery shall be located on a parcel of at least five acres. In the event the owner satisfies
the Zoning Administrator that due to drought, natural disaster, disease or other cause beyond the
control of the owner there are not sufficient grapes grown on premises to allow the owner to meet
normal annual production of wine, then the Zoning Administrator may, by written notice to the owner,
waive the rule of 51% as established above; provided, however, that the rule may not be waived for
more that three consecutive years. There shall be no sale of wine for on-premises consumption. Sale
of wine for on-premises consumption shall only be allowed in farm winery retail establishments, eating
establishments and bed-and-breakfast facilities, as those terms are defined in this Article, and which
possess the proper state licenses. Any farm winery which includes buildings which will be open to the
public, whether on a regular or occasional basis, and whether such buildings are subject to, or exempt
from, the Uniform Statewide Building Code, shall require a site plan. Bus tours shall only be permitted
in accordance with Article VII, Use Standards.
Category 2 Farm Winery. A use wherein wine is produced and at least 25% of the fruit or other
agricultural products are grown, raised, harvested or collected in Rappahannock County. A Category 2
farm winery may include facilities for tasting and for the retail sale of wine in closed containers for off-
premises consumption to the extent permitted by Title 4.1 of the Code of Virginia. A Category 2 farm
winery shall maintain at all times a Class A or B farm winery permit from the Alcoholic Beverage Control
Board. A Category 2 farm winery shall be located on a parcel of at least 25 acres. Upon application of
the owner, if the Zoning Administrator is satisfied that due to drought, natural disaster, disease or other
cause beyond the control of the owner, there are not sufficient grapes grown in Rappahannock County
available to allow the owner to meet normal annual production of wine, then the Zoning Administrator
may, by written notice to the owner, waive the rule of 25% as established above; provided, however,
that the rule may not be waived for more that three consecutive years. There shall be no sale of wine

for on-premises consumption. Sale of wine for on-premises consumption shall only be allowed in farm
winery retail establishments, eating establishments and bed-and-breakfast facilities, as those terms are
defined in the Rappahannock County Zoning Ordinance, and which possess the proper state licenses.
Any farm Winery which includes buildings which will be open to the public, whether on a regular or
occasional basis, and whether such buildings are subject to, or exempt from, the Uniform Statewide
Building Code, shall require a site plan. Bus tours shall only be permitted in accordance with Article VII,
Use Standards.
Cattery. See “Kennel.”
Center Line. A line lying midway between the side lines of a street or right-of-way.
Church. See “Place of Worship.”
Circus. A traveling or transportable show or exhibition consisting of performances by persons and
animals under one tent or similar structure, with or without other sideshows.
Code of Virginia. The Code of Virginia 1950, as amended.
College or University. Includes a proprietary school that is approved, licensed and bonded by the
Proprietary School Service Office of the State Department of Education.
Comprehensive Plan. The official document or elements thereof adopted by the Board of Supervisors
and intended to guide the physical development of the County or a portion thereof. Such plan,
including maps, plats, charts, policy statements and/or descriptive material, shall be adopted in
accordance with § 15.2-2226 of the Code of Virginia.
Condominium. Ownership of single units in a real estate project having common elements and four or
more apartments, rooms, office spaces, dwelling or other units, whether such units are located in a
multiple-unit structure or attached to or detached from other units. Ownership includes fee simple title
to a residence or place of business and undivided ownership, in common with other purchasers, of the
common elements in the structure(s), including the land and its appurtenances. (See Article III, Permits
and Applications)
Conference Center or Resort. A use which provides temporary lodging, meals, entertainment,
recreation, etc. for more than 40 persons, in a rural setting.
Conference/Convention Center. The necessary facilities to accommodate conventions or large
meetings, including retail or commercial establishments necessary to serve the people using such
facilities.
Construction, Commencement of. Progress in the construction of a structure sufficient to be approved
in a footing inspection by the County’s Building Inspector.
Contractor’s Offices, Shops and Materials Storage Yards. Establishments for the construction and/or
repair of buildings, roads and utility lines; installation and servicing of heating, cooling and electrical
equipment; flooring; painting, plumbing, roofing and tiling; and/or excavating.
Corner Lot. See “Lot, Corner.”
Country Inn, Retreat or Lodge. A use which provides temporary lodging, meals, entertainment,
recreation, etc., for up to 40 persons, in a rural setting.

Covenant. A written agreement recorded in the land records of Rappahannock County, Virginia,
concerning the use, development or maintenance of a parcel of land or improvements thereto.
Crop/Livestock Farming. See “Agriculture.”
Cul-de-sac. A local street, one end of which is closed and consists of a circular turnaround.
Curbline. The face of a curb along private streets, travelways, service drives and/or parking bays/lots.
Dairy Farm. An operation involved in the production of milk and including the keeping of more than
five animals.
Day-Care Center. A structure, including a private residence, which receives children for care,
maintenance and supervision for less than 18 hours per day, such children being unattended by a
parent or legal guardian.
Decibel. See definition under “Noise.”
Density. The number of dwelling units per acre.
Developer. The legal or beneficial owner or owners of all the land proposed to be included in a given
development or the authorized agent thereof. In addition, the holder of an option or contract to
purchase, a lessee having a remaining term of not less than 30 years or other persons having an
enforceable proprietary interest in such land shall be deemed to be a "developer" for the purpose of
this Ordinance.
Development. Any man-made change to improved or unimproved real estate, including but not limited
to buildings or other structures, the placement of mobile homes, streets and other paving, utilities,
filling, grading, excavation, mining, dredging or drilling operations.
Development, Minimum Size. The smallest contiguous area allowed to be developed, including
permanent open space or minimum landscaped green space, as part of the construction project, with
improvements bonded to be completed within five years.
Directional Sign. Any sign whose purpose is to indicate the location and direction to a place, object,
project, product or business which is remote from the site or property on which such sign is erected or
displayed.
Displacement. See definitions under “Vibration.”
Distillery. Any use which produces an alcoholic beverage, other than wine or beer, containing 1/2 of
1% or more of alcohol by volume. A site plan shall be required. Distilleries producing 5,000 gallons or
less annually must be located on parcels of at least 25 acres, while distilleries producing greater than
5,000 gallons annually must be located on parcels of at least 50 acres. Bus tours shall only be permitted
in accordance with Article VII, Use Standards.
District.
(A) A zoning category into which an area of land is placed (zoning district); or
(B) A contiguous area of land all in the same zoning category.
District, Commercial Zoning. A CG, HC or CV District.
District, Industrial Zoning. An I District.

District, Residential Zoning. An RR-5, RR-2, RV or MHP District.
District, Resource Preservation Zoning. A Conservation (C) or Agriculture (A) District.
Dog Kennel. See “Kennel.”
Double-Face Sign. Any sign having two parallel planes or surfaces upon which advertising is displayed.
Drive-In Establishment. A place of business so laid out that patrons can be accommodated while
remaining in their automobiles or vehicles.
Driveway. That space or area of a lot that is specifically designated and reserved for the movement of
motor vehicles within the lot or from the lot to a public street.
Dustless Surface. A surface adequately covered in accordance with good practice, with a minimum of
either two applications of bituminous surface treatment, concrete, bituminous concrete or equivalent
paving material or four inches of gravel, approved by the Zoning Administrator and to be maintained
in good condition at all times.
Dwelling. A building, or portion thereof, but not a mobile home, designed or used for residential
occupancy. The term "dwelling" shall not be construed to mean a motel, rooming house, hospital or
other accommodation used for more or less transient occupancy. See also "dwelling unit."
Dwelling, Mobile Home.
(A) A single-family residential unit generally with all of the following characteristics:
(1) Designed for long-term occupancy and containing sleeping accommodations, a flush toilet, a
tub or shower bath and kitchen facilities, with plumbing and electrical connections provided
for attachment to outside systems.
(2) Designed to be transported after fabrication on its own wheels or on a flat bed or other trailer
or detachable wheels.
(3) Arriving at the site where it is to be occupied as a dwelling complete, conventionally designed
to include major appliances and furniture and ready for occupancy except for minor and
incidental unpacking and assembly operations, location on foundation supports, connection
to utilities and the like.
(4) Designed for removal to the installation or erection on other sites.
(B) A "mobile home" shall also include the conversion of any other structure for residential purposes
designed to be mobile, whether or not placed on a permanent foundation and whether or not a
dwelling unit when transported to the site. Examples include but are not limited to airplanes or
parts thereof, railroad cars, trailers, trucks, buses, etc.
(C) A "mobile home" may include two or more units, separately towable, which when joined together
shall have the characteristics as described above. For the purpose of this Ordinance, a mobile
home shall not be deemed a "single-family detached dwelling."
Dwelling, Modular Unit. A factory-fabricated transportable building designed to be used by itself or to
be incorporated with similar units at a building site into a modular structure that will be a finished
building in a fixed location on a permanent foundation. The term is intended to apply to major
assemblies and does not include prefabricated panels, trusses, plumbing trees and other prefabricated

supplements incorporated into a structure at the site. For the purpose of this Ordinance, a modular
unit shall be deemed a "single-family dwelling" and shall not be deemed a "mobile home."
Dwelling, Multiple-Family. A residential building containing three or more separate dwelling units
located on a single lot or parcel of ground. A "multiple-family dwelling," commonly known as an
"apartment house," generally has a common outside entrance(s) for all the dwelling units, and the units
are generally designed to occupy a single floor, one above another. For the purpose of this Ordinance,
a "multiple-family dwelling" shall not be construed to mean a "single-family attached dwelling" as
defined herein.
Dwelling, Single-Family. A residential building containing only one dwelling unit and occupied by not
more than none family. (See also Article VII, Use Standards)
Dwelling, Single-Family Attached. A group of two or more single-family dwelling units which are joined
to one another by a common party wall, a common floor-ceiling, whether or not such a group is located
on a single parcel of ground or on adjoining individual lots. Each unit shall have its own outside
entrance(s); architectural facades or treatment of materials shall be varied from one group of units to
another; and no more than three abutting units in a row shall have the same front and rear setback,
with a minimum setback offset being one foot. For the purpose of this Ordinance, dwellings such as
semidetached garden court dwellings, quadruplexes, triplexes, patio houses and townhouses shall be
deemed a "single-family attached dwelling."
Dwelling, Single-Family Detached. A single-family dwelling unit which is entirely surrounded by open
space or yards on the same lot.
Dwelling Unit. One or more rooms in a residential building or residential portion of a building which are
arranged, designed, used or intended for use as a complete independent living facility for one family,
and which includes permanent provisions for living, sleeping, eating, cooking and sanitation.
Dwelling Unit, Accessory. A dwelling unit located on the same lot as a principal dwelling unit and is
accessory thereto as permitted by Article VII, Use Standards.
Easement. A grant by a property owner of the use of their land to another party for a specific purpose.
Eating Establishment. Any restaurant, coffee shop, cafeteria, short order cafe, lunchroom,
luncheonette, hotel dining room, dinner theater, tavern, sandwich stand, soda fountain or eating place
or any other establishment maintained and operated where there is furnished for compensation food
or drink of any kind for consumption primarily therein; provided, however, that an "eating
establishment" qualified as an automobile-related use shall not be included within the meaning of this
definition, and that a snack bar or refreshment stand at a public or nonprofit recreational facility,
operated solely by the agency or group of the facility, shall not be deemed to be an "eating
establishment." Entertainment which is provided for the enjoyment of the patrons shall be considered
accessory to an "eating establishment." For the purpose of this Ordinance, such uses shall not include
"eating establishments, fast-food." Dancing by patrons shall be considered as entertainment which is
provided for the enjoyment of patrons, provided that the space made available for such dancing shall
not be more than 1/8 of that part of the floor area available for dining. Provisions for dancing made
available under this definition shall not be considered a "dance hall."
Eating Establishment, Fast-Food. Any restaurant, short order cafe, lunchroom, sandwich stand, eating
place or any other establishment maintained and operated where there is furnished for compensation

food or drink of any kind, characterized by over-the-counter service of pre-prepared and quickly
prepared food, which is ready for consumption either on or off premises. Such uses shall be
characterized as being automobile-related and shall include drive-in restaurants.
Electrical Generating Plant and Facilities. Any plant or facility that generates electricity and is regulated
by the Virginia Electric Utility Act (Code of Virginia Title 56, Chapter 23). This use specifically excludes
plants and facilities meeting the definition of "electrical generating plant and facilities, renewable
energy, small" and "electrical generating plant and facilities, renewable energy, utility."
Notwithstanding the use regulations included in Article VII, Use Standards, due to the potential public
health and safety impacts, including distraction, the minimum yard requirement, as defined in Article
X, Definitions, "yard," for this use shall be 1,000 feet from all lot lines and any road(s).
Electrical Generating Plant and Facilities, Renewable Energy, Small. Any electrical generating plant and
facility for which the source of energy used to create electricity is derived directly from the wind or the
sun and which facility provides electricity primarily for uses located on the same parcel or adjacent
parcel under common ownership. This use specifically includes uses identified by Code of Virginia
§ 15.2-2288.7. The fact that the facilities are interconnected with a public utility distribution and
transmission system for the purpose of net metering as regulated by the Virginia Administrative Code
20 VAC 5-315 shall not disqualify it from being categorized as this use. Equipment and materials
comprising this use are considered accessory to the principal use for the purposes of determining
applicable use regulations, including, but not limited to, height and placement within defined yards.
Electrical Generating Plant and Facilities, Renewable Energy, Utility. Any electrical generating plant and
facility for which the source of energy used to create electricity is derived directly from the wind or the
sun and which facility provides electricity primarily for uses not located on the same parcel or adjacent
parcel under common ownership.
Electromagnetic Radiation. Electromagnetic waves utilized in applications for radio, microwave, radar,
television and other means of communication. The term shall not include light, X-ray or radioactive
emissions.
Engineer. A professional who is registered with the State Department of Professional and Occupational
Registration as a professional engineer.
Family Transfer. The sale or gift to a member of the immediate family of the property owner. Only one
such transfer shall be allowed per family member. For the purpose of this Ordinance, a "member of the
immediate family" is defined as any person who is a natural or legally defined offspring, spouse or
parent of the owner.
Farm Equipment Sales, Rental and Service Establishment. Any use of land whereon the primary
occupation is the sale, rental or service of vehicles in operating condition and nonvehicular equipment
designed specifically for agricultural purposes, whether for use on a farm or in the transportation of
farm products or livestock. Nonvehicular equipment shall include equipment for the storage and
processing of farm products, but shall not include buildings. For the purpose of this Ordinance, farm
equipment sales, rental and service shall not include sales, rental and service of automobiles, mobile
homes or trucks and heavy equipment, as defined herein, but may include farm equipment parts and
accessory sales, where installation of parts is a distinct feature of the business, and body and paint
work, when ancillary to sales or repair shops.

Farm Winery. Includes both Category 1 and Category 2 farm wineries.
Farm Winery Retail Establishment. A use which is permitted by Title 4.1 of the Code of Virginia to the
holder of either a Class A or Class B Farm Winery license issued by the Alcohol Beverage Control Board
which allows the sale of wine for on-premises or off-premises consumption, as well as the delivery and
shipment of wine in closed containers.
Fence. A freestanding structure of metal, masonry, composition, wood or any combination thereof
resting on or partially buried in the ground and rising above ground level and used for confinement,
screening or partition purposes.
Festival. Any outdoor activity open to the public, where admission is charged or contributions for
admission are solicited or accepted, held for the purpose of viewing, hearing or participating in
entertainment, including but not limited to musical presentations, parties, dances, concerts, plays or
similar activities. Any outdoor activity open to the public, whether with or without admission being
charged, and with or without entertainment, sponsored by a distillery, winery, farm winery or brewery
where wine, beer or any other type of alcoholic beverage will be consumed shall be deemed a festival.
A festival shall not include the foregoing activities if conducted on the porch, deck or patio of an eating
establishment.
Field Party. See “Festival.”
Financial Institution. Any building wherein the primary occupation is concerned with such state-
regulated businesses as banking, savings and loans, loan companies and investment companies.
Flea Market. Any indoor or outdoor facility for the renting of space for the sale of used merchandise.
Flood. A general and temporary inundation of normally dry land areas.
Flood, One-Hundred-Year. A flood that, on the average, is likely to occur once every 100 years (i.e., that
has a one-percent chance of occurring each year, although the flood may occur in any year).
Floodplain.
(A) A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial
or complete inundation.
(B) An area subject to the usual and rapid accumulation or runoff of surface water from any source.
Floor Area, Gross. The sum of the total horizontal areas of the several floors of all buildings on lots,
measured from the interior faces of exterior walls. The term "gross floor area" shall include basements,
elevator shafts and stairwells at each story; floor space used for mechanical equipment with structural
headroom of six feet six inches or more; penthouses; attic space, whether or not a floor has actually
been laid, providing structural headroom of six feet six inches or more; and interior balconies and
mezzanines.
(A) The "gross floor area" of structures devoted to bulk storage of materials, including but not limited
to grain elevators and petroleum storage tanks, shall be computed by counting each 10 feet of
height or fraction thereof as being equal to one floor.

(B) The term "gross floor area" shall not include cellars or outside balconies which do not exceed a
projection of six feet beyond the exterior walls of the building. Parking structures below or above
grade and rooftop mechanical structures are also excluded from "gross floor area."
Footcandle. See definition under “Glare.”
Footlambert. See definition under “Glare.”
Frequency. See definition under “Vibration.”
Freestanding Sign. Any sign supported by upright structural members or by braces on or in the ground
and not attached to a building, including the following: bulletin board sign, outdoor advertising sign,
pole or pylon sign, ground sign or a vehicle-mounted sign.
Front Yard. See “Yard, Front.”
Frontage. The distance along which a lot abuts a public or private street.
Funeral Home. A building or part thereof used for human funeral services. Such building may contain
space and facilities for embalming and the performance of other services used in the preparation of
the dead for burial; the performance of autopsies and other surgical procedures; the storage of caskets,
funeral urns and other related funeral supplies; and the storage of funeral vehicles. The building shall
not include facilities for cremation.
Garage. An accessory building or part of a principal building used only for the storage of passenger
vehicles in operating condition as an accessory use and having no provision for repairing or servicing
such vehicles for profit.
Gasoline Station. See “Service Station.”
Glare.
(A) A sensation of brightness within the visual field which causes annoyance, discomfort or loss of
visual performance and visibility.
(B) The following terms are defined as they relate to the provisions of Article VII, Use Standards:
(1) Candle
(i) The luminous intensity of one standard candle.
(2) Footcandle
(i) The unit of illumination.
(ii) The illumination on a surface one square foot in area where there is a uniform distribution
of light having a candlepower of one candela.
(3) Footlambert
(i) A unit of brightness equal to the brightness of a uniform diffusing surface which emits or
reflects one lumen per square foot.
(4) Illumination
(i) The density of luminous energy falling upon a surface, usually measured in footcandles.

(5) Intrinsically Bright Sources
(i) A source of light of extremely high intensity.
(6) Photometer
(i) An instrument for measuring the intensity of light.
(7) Watt
(i) A unit of electrical power.
Grade. The point at which the preponderance of a building’s exterior walls meet the finished ground
level.
Height, Building. The vertical distance between the grade and the highest point of a building’s roof.
Home Winery and Home Brewery. Uses conducted in private residences, or in buildings associated
therewith, which produce small amounts of beer or wine not for sale, and which are not subject to
licensure under Title 4.1 of the Code of Virginia.
Horse Show. The exhibiting, judging, showing or racing of horses at a frequency greater than one a year
where more than 100 spectators are reasonably anticipated.
Hospital. Any institution receiving inpatients and rendering medical, surgical or obstetrical care,
including general hospitals and institutions specializing in cardiac, eye, ear, nose, throat, pediatric,
orthopedic, skin and cancer and obstetric care.
Hotel or Motel. In Commercial General CG, Industrial I and Highway Commercial HC zones, a building
or portion thereof or a group of buildings which provide sleeping accommodations in six or more
separate units or rooms for transients on a daily, weekly or similar short-term basis, whether such
establishment is designated as a "hotel," "inn," "automobile court," "motel," "motor inn," "motor
lodge," "tourist cabin," "tourist court," "tourist home" or otherwise. A "hotel" or "motel" shall also be
deemed to include any establishment which provides residential living accommodations on a more or
less permanent basis, such as an apartment hotel. It shall not include business or sales from rooms.
Illumination. See definition under “Glare.”
Impact. See definition under “Vibration.”
Impact Noise. See definition under “Noise.”
Impact Noise Analyzer. See definition under “Noise.”
Inoperable Vehicle. Any motor vehicle, trailer, semitrailer, or bus which is inoperable but which is
economically infeasible to restore to operable condition or any motor vehicle, trailer, semitrailer or bus
whose license plate and/or required inspection sticker has expired.
Interment Uses. The burial of the remains of humans or animals, to include mausoleum, columbarium,
cemetery, memorial garden and crematorium.
Junk Vehicle. Any motor vehicle, trailer, semitrailer or bus which is inoperable and which, by virtue of
its condition, cannot be restored economically to operable condition or any motor vehicle, trailer,
semitrailer or bus which has no license plate displayed or if the license plate displayed has been invalid
for more than six months, excluding farm vehicles which do not require the same.

Junkyards. The use of any space outside a building for the storage, keeping or abandonment of junk,
including scrap metals or other scrap materials; or for the dismantling, demolition or abandonment of
automobiles or other vehicles or machinery or parts thereof, provided that this definition shall not
apply to outside storage as permitted as an accessory use under the provisions of Article VII, Use
Standards. A "junkyard" shall also mean an "automobile graveyard" as defined herein.
Kennel. Any place so designed that dogs, cats and other household pets cannot escape and where any
number of animals are kept for the purpose of sale, rental, boarding, breeding, hire as guard dogs on
other property or for any commercial purpose or economic venture, or for animals in excess of five
over one year in age in a pet shop or an animal shelter as defined herein.
Landing Strip. A noncommercial private facility for use by owner and guests to land helicopters or fixed
wing aircraft.
Landscape Architect. A professional who is registered in one or more states as a landscape architect or
is a member of the American Society of Landscape Architects.
Landscaping. The improvements of a lot with grass, shrubs, trees, other vegetation and/or ornamental
objects. Landscaping may include pedestrian walks, flower beds and ornamental objects, such as
fountains, statues and other similar natural and artificial objects designed and arranged to produce an
aesthetically pleasing effect.
Land Surveyor. An individual who is registered with the State Department of Professional and
Occupational Registration as a land surveyor.
Library. The Rappahannock County Public Library or any branch thereof.
Livestock. Animals, especially farm animals, raised for use, profit or enjoyment, including horses,
ponies, buffalo, cattle, sheep, swine, goats and other similar domesticated animals.
Loading Space. Off-street space designed in accordance with the provisions of Article VIII, Community
Design, for the loading or unloading of goods.
Lot. A parcel of land under single ownership. For purposes of residential lot development, a "lot"
includes all contiguous holdings under single ownership.
Lot Area. The total horizontal area included within the lot lines of a lot.
Lot Boundary. Same as “Lot Line” as defined herein.
Lot, Corner. A lot at the junction of and abutting on two or more intersecting streets when the interior
angle of intersection does not exceed 135º.
Lot Depth. The average horizontal distance between the front and rear lot lines.
Lot Line. Any boundary line of a lot as defined herein. Where applicable, a “lot line” shall coincide with
a street line. Where a “lot line” is curved, all dimensions related to said “lot line” shall be based on the
chord of the arc.
Lot Line, Front. A street line which forms a boundary of a lot, except in the case of public or private
streets that bisect property, where the front lot line shall be measured from the center line of the
public or private street.

Lot Line, Rear. That lot line that is most distant from and is most nearly parallel with the front lot line.
If a rear line is less than 10 feet in length or if the lot comes to a point at the rear, the rear lot line shall
be deemed to be a ten-foot line parallel to the front lot line, lying wholly within the lot.
Lot Line, Side. A lot line which is neither a front lot line or a rear lot line as defined herein.
Lot, Nonconforming. Any recorded lot, parcel or tract of land which by virtue of its area, size, shape or
configuration fails to meet the requirements of this Ordinance.
Lot, Regular-Shaped. A lot which approximates a rectangle.
Lot, Reverse Frontage. A through or corner lot intentionally designed so that the front lot line faces a
local street rather than facing a parallel major thoroughfare.
Lot Size Requirements. Restrictions on the minimum size and dimensions of a lot in a given zoning
district.
Lot, Through. An interior lot (not a corner lot) abutting on two or more public or private streets not
including an alley. For the purpose of this Ordinance, a "through lot" shall be subject to the regulations
of an interior lot.
Lot Width.
(A) The distance between the side lot lines, measured in one of the following manners, whichever is
applicable:
(1) In the case of a regular-shaped lot, the width shall be measured along the front lot line; or
(2) In the case of an irregular-shaped lot, the width shall be the average distance between the
side lot lines, with the distances to be measured at ten-foot intervals beginning at the front
lot line; or
(3) In the case of a pipestem lot, the pipestem shall not be considered as part of the lot in
determining the lot's width, in accordance with (1) or (2) above; or
(4) In the case of a lot which has a curvilinear front lot line, the width shall be measured from a
line tangent to the required minimum front yard line at its midpoint in the lot.
(B) In addition to the above manners of measurement, in no instance shall the dimensions of a lot
along a line parallel to the front lot line and lying at a distance therefrom equal to the proposed
front yard be less than the minimum "lot width" required for the zoning district in question.
Manufactured Home (by FEMA guidelines). A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without a permanent foundation when
connected to the required utilities. For floodplain management purposes, the term "manufactured
home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater
than 180 consecutive days. For insurance purposes, the term "manufactured home" does not include
park trailers, travel trailers and other similar vehicles.
Manufactured Home Park/Subdivision (by FEMA guidelines). A parcel or contiguous parcel of land
divided into two or more manufactured home lots for rent or sale.

Marina. A facility designed and operated for profit or operated by any club or organized group where
hull and engine repairs, boat and accessory sales, packaged food sales, restaurants, fueling facilities,
boat storage or any combination of these are provided.
Marquee Sign. Any sign or canopy or covered structure projecting or extending from a building facade
when such canopy or covered structure is supported by the building, including signs mounted on a
cantilever.
Meat Processing/Slaughterhouse. Any establishment at which inspection of the slaughter of livestock
or the preparation of game or livestock that involves the slaughtering, canning, salting, stuffing,
rendering, boning, cutting up, or otherwise manufacturing or processing of any game or "meat food
product" as defined in Title 3.2, Subtitle IV, Chapter 54, Article 1, § 32.5400 et seq. of the Code of
Virginia.
Medical Care Facility. Any institution, place, building or agency, whether licensed or required to be
licensed by the State Board of Health or the State Hospital Board, in which facilities are maintained,
furnished, conducted, operated or offered for the prevention, diagnosis or treatment of human
disease, pain, injury, deformity or physical condition, whether medical or surgical, of two or more
nonrelated mentally or physically sick or injured persons; or for the care of two or more nonrelated
persons requiring or receiving medical, surgical or nursing attention or service as acute, chronic,
convalescent, aged, physically disabled or crippled, including but not limited to a general hospital,
sanatorium, sanitarium, nursing home, intermediate care facility, extended care facility, health
maintenance organization, mental hospital, mental retardation facility, medical school and other
related institutions and facilities, whether operated for profit or nonprofit and whether privately
owned or operated by a local government unit. This term shall not include a physician's office or a first-
aid station for emergency medical or emergency surgical treatment.
Mobile Home. See “Dwelling, Mobile Home.”
Mobile Home Accessory Structure. Any of the following structures, not to exceed the respective areas
shown, when located on a mobile home space: porches (200 square feet), carports (300 square feet),
sheds (150 square feet) and entry vestibules (100 square feet).
Mobile Home Park. Any area of 10 acres or more, however designated, that is occupied or designed for
occupancy by one or more mobile homes. The term "mobile home park" does not include a sales lot
on which unoccupied mobile homes, whether new or used, are parked for the purpose of inspection
and sale.
Mobile Home Sales, Rental and Service Establishments. Any use of land whereon the primary
occupation is the sale, rental or service of mobile homes in such condition that they are habitable and
capable of movement on public streets. For the purpose of this Ordinance, "mobile home sales, rental
and service establishments" shall not include sales, rental, service or storage of any other types of
vehicle or equipment, including travel trailers, or manufacturing of mobile homes, but may include
mobile home parts and accessory sales and installations or mobile home repair.
Mobile Home Space. An area within a mobile home park designed to accommodate one mobile home;
it is not a “lot” as defined herein.
Modular Unit. See “Dwelling, Modular Unit.”

Motel. See “Hotel.”
Motor Freight Terminal. A building or area in which freight brought by truck is assembled and/or stored
for routing and/or storage of motor vehicles, but not to include the dismantling, wrecking or sale of
said vehicles or parts thereof.
Multiple-Family Dwelling. See “Dwelling, Multiple-Family.”
Museum. Any use the primary purpose of which is the exhibition of objects of lasting interest or value;
such use may include the sale of items related to the objects exhibited in the facility, such as copies,
prints or books, if such sales are clearly secondary and subordinate to the primary use of exhibition.
Noise.
(A) A subjective description of an undesirable or unwanted sound.
(B) The following items are defined as they relate to the provisions of Article XIII:
(1) Decible
(i) A unit which describes the sound pressure level or intensity of sound. The sound pressure
level in "decibles" is 20 times the logarithm to the base ten of the ratio of the pressure of
the second in microbars to a reference pressure of 0.0002 microbar.
(2) Impact Noise
(i) Relatively short duration noises generally produced by the striking of two or more objects
so as to be heard as separate distinct noises.
(3) Impact Noise Analyzer
(i) An instrument which measures the peak sound pressure of an impact noise and meets
the standards of the American National Standards Institute of the International
Electrotechnical Commission.
(4) Octave Band Analyzer
(i) An instrument to measure the octave band composition of a sound by means of a
bandpass filter. It shall meet the specifications of the American National Standards
Institute and should be calibrated in the preferred frequencies (ANSI S1.4-1961, ANSI
S1.6-1967 and ANSI S1.11-1966).
(5) Preferred Center Frequency
(i) The octave band designated by a single number which corresponds to its geometric center
frequency. Nine octave bands cover the entire range of frequencies of interest in
industrial noise and are described in the American National Standards Institute Standard
No. S1.6-1967.
(6) Sound
(i) Fluctuations of atmospheric pressure which are audible to persons.
(7) Sound Level Meter

(i) An instrument to measure the overall sound pressure level. It shall comply with the
applicable specifications of the American National Standards Institute (ANSI S1.4-1961).
Nonconforming Building or Use. A building or use, lawfully existing on the effective date of this
Ordinance or before prior ordinances, which does not conform to the regulations of the zoning district
in which it is located, except as may be qualified by Article IX, Nonconformities, of this Ordinance.
Nursery, Plant. An area or establishment where trees, shrubs or plants are grown for sale for purposes
of being transplanted or for use as stocks for budding and grafting.
Nursery School. Any place, however designated, operated for the purpose of providing training,
guidance, education or care for four or more children under six years of age.
Occupancy Load. The number of individuals normally occupying a building or part thereof or for which
the existing facilities have been designated.
Octave Band Analyzer. See definition under “Noise.”
Office. A room, studio, suite or building in which a person transacts their business or carries on their
stated occupation, further defined in some provisions as "business office" and "professional office." For
the purpose of this Ordinance, an office shall not involve manufacturing, fabrication, production,
processing, assembling, cleaning, testing, repairing or storage of materials, goods and products; or the
sale and delivery of any materials, goods or products which are physically located on the premises. An
"office" shall include a veterinary clinic.
(A) Office, Business. Any room, studio, suite or building wherein the primary use is the conduct of a
business, such as accounting, correspondence, research, editing, administration or analysis; or
the conduct of a business by salesmen, sales representatives or manufacturer's representatives.
(B) Office, Professional. Any room, studio, clinic, suite or building wherein the primary use is the
conduct of a business by professionals, such as engineers, architects, land surveyors, writers,
artists, musicians, lawyers, accountants, real estate brokers, insurance agents, dentists or
physicians, urban planners and landscape architects, but specifically excluding veterinarians.
Off-Site. Any area outside the boundary of a lot.
Off-Street Loading Space. See “Loading Space.”
One Ownership. Possession of land under single or unified control, whether by sole, joint, common or
other ownership, or by a lessee having a term of not less than 30 years.
On-Site. That area which is within the boundary of a lot.
Ordinance. The Rappahannock County Zoning Ordinance.
Outdoor Advertising Sign. Any sign on which is portrayed information which directs attention to a
business, commodity, service or entertainment not necessarily related to other uses existing or
permitted on the lot upon which the sign is located.
Owner. Any person who has legal title to the land in question or the lessee to the land in question
having remaining term of not less than 30 years.
Parapet Wall. Any extension of the exterior enclosing wall of a building above the lowest point of the
roof.

Park Facilities (Governmental/Civic), Nonathletic. A piece of ground provided for use by the public and
kept for ornament or recreation. For the purpose of this Ordinance, such uses shall not include facilities
for sports or athletic activities or camping, but may include areas for picnicking, walking and riding
horses and bicycles.
Parking, Commercial Off-Street. Any space, whether required by the provisions of this Ordinance,
specifically allotted to the parking of motor vehicles as an accessory use. For the purpose of this
Ordinance, such space shall not be located in a dedicated right-of-way, a travel lane, a service drive or
on any easement for public ingress and egress.
Parking Space. A designated off-street parking area which is available and usable for the parking of one
motor vehicle. Such space shall be of a size and design as required by the provisions of Article VIII,
Community Design.
Parcel. See “lot.”
Particle Velocity. See definition under “Vibration.”
Person. A public or private individual, group, company, firm, corporation, partnership, association,
society, joint-stock company or any other combination of human beings, whether legal or natural.
Photometer. See definition under “Glare.”
Place of Worship. A public place of worship, including churches, temples, synagogues and other similar
"places of worship." It includes cemeteries on the same lot as an accessory use, but does not include
camps, retreats, schools or other use covered in Article IV, Zoning Districts, as determined by the
Pole Sign. Any freestanding sign greater than eight feet in height.
Pool/Billiards/Amusement Arcade Facility. Any business offering for use pool or billiard tables or
equipment for similar games and/or amusement, such as pinball machines or video games, where more
than 10% of the public space is used or where more than three video games are located.
Porch. Any veranda, gallery, terrace, piazza, portico or similar projection from a main wall of a building
and covered by a roof, other than a carport, as defined herein. An "unenclosed porch" is a porch with
no side enclosure (except screens) that is more than 18 inches in height other than the side of the
building to which the porch is attached.
Preferred Center Frequency. See definition under “Noise.”
Primary Highway. See “Street, Primary Highway.”
Principal Building. A building in which the primary use of the lot on which the building is located is
conducted.
Principal Use. The main use of the land or structures as distinguished from a secondary or accessory
use.
Privacy Yard. See “Yard, Privacy.”
Private Club. An association organized and operated on a nonprofit basis for persons who are bona fide
members paying dues, which association owns or leases the premises, the use of which premises is
restricted to such members and their guests, and which manages the affairs of such association by and

through a board of directors, executive committee or similar body chosen by the members. Food, meals
and beverages may be served on such premises, provided that adequate dining room space and kitchen
facilities are available.
Private Street. See “Street, Private.”
Processing, Storage and Sale of Agricultural Products Grown on Premises. This use shall allow the
processing, storage and wholesale of agricultural products grown or collected either on the parcel
where the products are processed, stored or sold, or on a contiguous parcel under the same ownership.
This use shall also allow the sale to the public of such agricultural products on a pick-your-own basis or
at a seasonal wayside stand. The following uses, though they may also meet the requirements stated
in this definition, shall be governed by the specific definitions and regulations provided for them
elsewhere in this Ordinance: winery, farm winery, home winery, brewery, home brewery, distillery.
This use shall include the right to conduct sales to the public of agricultural products grown on premises
from a building used for the storage or processing of agricultural products grown on premises, or for
the storage and maintenance of equipment, or for other permitted farming activities, if the area
devoted to sales to the public does not exceed 250 square feet. “Grown on premises” means the fruit
or other agricultural products are grown, raised, harvested or collected on the same parcel of land
where the use occurs, or on a contiguous parcel under the same ownership.
Professional Office. See “Office, Professional.”
Profit. The charging of admission, fees or rental on a continuing or intermittent basis.
Projecting Sign. Any building sign which extends in excess of 18 inches beyond any vertical surface of
the building which supports it.
Public Street. See “Street, Public.”
Public Use. Any area, building or structure held, used or controlled exclusively for public purposes by a
department or branch of the government, without reference to the ownership of the buildings or
structure or of the realty upon which it is situated.
Public Utility. A business or service having an appropriate franchise from the state which is engaged in
regularly supplying the public with some commodity or service which is of public consequence and
needs, such as electricity, gas, water, transportation or communications.
Quasi-Public Uses. Any use which is essential to the public or in common use, even though it is under
private ownership or control.
Real Estate Sign. Any sign advertising the sale, lease or future use of real estate placed upon the
property so advertised.
Rear Yard. See “Yard, Rear.”
Repair Shop. Any building wherein the primary occupation is the repair and general service of common
home appliances, such as musical instruments, sewing machines, televisions and radios, washing
machines, vacuum cleaners, power tools, electric razors, refrigerators and lawnmowers not exceeding
16 horsepower, or any building wherein the primary occupation is interior decorating to include
reupholstering and the making of draperies, slip covers and other similar articles, but not to include
furniture or cabinetmaking establishments.

Residential Care Facility, Major. A facility to provide resident services and twenty-four-hour supervision
for greater than five persons.
Residential Care Facility, Minor. A facility to provide resident services and twenty-four-hour supervision
for up to five persons.
Residential Lot Development. The division of any lot, parcel or tract of land, or contiguous tracts of land,
for purpose of transfer of ownership (excepting boundary adjustments and exchanges between
adjacent landowners as defined in Chapter 147, Subdivision of Land, of the Rappahannock County
Code), lease or construction, whether immediate or future, such that any lot or parcel consists of less
than 50 acres.
Restaurant. See “Eating Establishment.”
Retail Sales. The sales of goods, merchandise and commodities for use or consumption by the
immediate purchaser.
Retail Sales Establishment. Any building wherein the primary occupation is the sale of merchandise in
small quantities, in broken lots or parcels and not in bulk, for use or consumption by the immediate
purchaser. For the purpose of this Ordinance, however, "retail sales establishments" shall not be
interpreted to include motor vehicle related uses and "eating establishments" as defined herein.
Reverse Frontage Lot. See “Lot, Reverse Frontage.”
Road. See “Street.”
Roof Sign. Any sign or portion of a sign so erected or affixed to a building as to extend above the lowest
point of the roof level of a building or any sign attached to a parapet wall.
Sanitary Landfill. Any land upon which putrescible filling material, consisting in whole or in part of
garbage, refuse, trash, rubbish or any other solid waste, is dumped, thoroughly compacted and
promptly covered with earth or other suitable material under constant supervision in such manner as
will prevent the entrance of rodents or other vermin, the breeding of insects, the escape of odors and
the outbreak of fire.
Sawmill, Commercial. A mill other than a custom sawmill.
Sawmill, Custom. A mill in which most of the product is sawed for retail sales and does not employ
more than five persons in the on-site operations.
School, Primary. A public, private or parochial school for the purpose of providing education for children
of less than 15 years of age, but not including other schools defined herein or riding schools.
School, Secondary. A public, private or parochial school for the purpose of providing education through
the high school level (twelfth grade), but not including technical school, college or university. However,
"secondary schools" shall for the purpose of this Ordinance include technical schools operated by the
County.
School, Technical. A school primarily devoted to giving instruction in vocational, professional, musical,
dramatic, artistic, dancing, nursing, secretarial, linguistic, scientific, religious or other special subjects.

School, Technical, Indoor. A technical school in which all instruction, practice, demonstration and other
related activities are conducted within a building(s), including automobile driving schools where all
practice and demonstration is conducted on VDOT maintained highways.
School, Technical, Outdoor. A technical school in which all or part of the instructions, demonstrations,
practice and other related activities are conducted outdoors, including but not limited to instruction in
the operation of vehicles and heavy equipment.
Seasonal Wayside Stand. This use shall allow the sale from a structure to the public of crafts and
agricultural products grown or collected on the parcel on which the stand is located, or on a contiguous
parcel under the same ownership, and crafts. The stand shall have direct access to a public road and
be on one ground floor which shall not exceed 250 square feet. The stand shall not provide facilities
for on-premises food consumption by the public nor for public seating, but may provide overhead
shelter of customers while they are inspecting or purchasing goods. The stand shall be open to the
public on at least one side, which may be by way of doors or other openings in a wall. The stand shall
be closed at least three months of the year. The stand may be of a permanent or nonpermanent
construction.
Seasonal Wayside Stand (Off-Site). This use shall allow the sale from a structure to the public of
agricultural products and crafts. The stand shall have direct access to a public road and be on one
ground floor which shall not exceed 250 square feet. The stand shall not provide facilities for on-
premises food consumption by the public nor for public seating, but may provide overhead shelter of
customers while they are inspecting or purchasing goods. The stand shall be open to the public on at
least one side, which may be by way of doors or other openings in a wall. The stand shall be closed at
least three months of the year. The stand may be of a permanent or nonpermanent construction.
Seismograph. See definition under “Vibration.”
Service Drive. See “Street, Service Drive.”
Service Station.
(A) Buildings and premises, including not more than three interior service stalls, wherein the primary
use is the supply and dispensation at retail of gasoline, oil, grease, batteries, tires and motor
vehicle accessories and where the following services may be rendered and sales made as
accessory and incidental to the primary occupation:
(1) Sales and servicing of spark plugs, batteries and distributors and distributor parts.
(2) Tire servicing and repair, but no recapping or regrooving.
(3) Sales and servicing of mufflers and tailpipes, water hoses, fan belts, brake fluid, light bulbs,
fuses, floor mats, windshield wipers and wiper blades, grease retainers, wheel bearings,
mirrors and the like.
(4) Washing and polishing and sale of automotive washing and polishing materials.
(5) Greasing, lubrication and radiator flushing.
(6) Minor servicing and repair of carburetors, fuel pumps, oil pumps, water pumps and lines.
(7) Emergency wiring repairs.

(8) Adjusting and repairing brakes.
(9) Minor motor adjustments not involving removal of the head or crankcase or removing the
motor.
(10) Sales of cold drinks, packaged foods, tobacco and similar convenience goods for service
station customers, but only when sales are conducted inside the principal building.
(11) Provision of road maps and other informational material to customers and provision of
restroom facilities.
(B) Uses permissible at a "service station" do not include major mechanical and body work,
straightening of body parts, painting, welding or other work involving noise, glare, fumes, smoke
or other characteristics to an extent greater than normally found in service stations.
(C) A "service station" shall not be interpreted to include a facility having more than three interior
service stalls, which shall be deemed a "vehicle sale, rental and service establishment," and, for
the purpose of this Ordinance, any combined service station car wash facility shall be deemed a
"car wash."
Setback. In this Ordinance, the term “setback” is not used, as such term represents a distance that is
established in like manner as that for a yard. (See “Yard.”)
Sewage Treatment Facility. A facility which uses physical, chemical and/or biological processes to
remove contaminants from wastewater, rendering it suitable for reuse or discharge into the
environment. A sewage treatment facility shall not include such processes permitted as a matter of
right by the Virginia Department of Health and/or Virginia Department of Environmental Quality.
Shopping Center. Any group of two mor more commercial uses which:
(A) Are designed as a single commercial group, whether located on the same lot;
(B) Are under common ownership or management;
(C) Are connected by party walls, partitions, canopies or other structural members to form one
continuous structure or, if located in separate buildings, are interconnected by walkways and
accessways designed to facilitate customer interchange between the uses;
(D) Share a common parking area; and
(E) Otherwise present the appearance of one continuous commercial area.
Shopping Center Sign. Any freestanding sign which identifies only the name of the shopping center and
not the individual enterprise or their products, services or amusements.
Shrub. A woody plant that usually remains low and produces shoots or trunks from the base; it is not
usually tree-like or single-stemmed.
Side Yard. See “Yard, Side.”
Signs. Any writing, letter or numeral work, pictorial presentation, illustration or decoration, emblem,
device, symbol or trademark, flag, banner or pennant, sculpture or any other device, figure or similar
character which is:

(A) Used to announce, direct attention to, identify, advertise or otherwise make anything known;
and
(B) Visible from a public right-of-way or from adjoining property.
Single-Family Dwelling. See “Dwelling, Single-Family.”
Site Plan. A required submission, prepared and approved in accordance with the provisions of Article III,
Permits and Applications, which is a detailed engineering drawing of the proposed improvements
required in the development of a given lot.
Social, Fraternal, Civic, Public Benefit and Similar Organizations. Associations organized and operated
on a nonprofit basis for persons who are bona fide members, which association owns or leases
premises, the use of which premises is restricted to such association by and through a board of
directors, executive committee or similar body chosen by the members. Such uses do not include fire
company or rescue squad buildings which house emergency vehicles. Food, meals and beverages may
be served on such premises, provided that adequate dining room space and kitchen facilities are
available.
Soil. The surface covering of the land, not including the minerals beneath it or the vegetation upon it.
Sound. See definition under “Noise.”
Sound Level Meter. See definition under “Noise.”
Spa. Any premises, place of business or membership club providing facilities for health, beauty, and
relaxation that deals with cosmetic, therapeutic massage, and/or holistic treatments where people visit
for professionally administered personal care treatments.
Space, Mobile Home. See “Mobile Home Space.”
Spectator Sports. Refers to facilities in which sports matches are played and/or performances
conducted which persons attend to watch and for which a fee is customarily paid. Nonspectator
facilities are those in which most of the persons present participate in the activities conducted therein.
Stable, Riding/Boarding. A structure and/or use of land where horses or ponies are kept, maintained,
and/or boarded for profit, or rented to the general public, or made available to members of a private
club, or where horses or ponies are boarded for the convenience of their absentee owners. Exercise
rings and show rings shall be considered uses accessory to the use of the premises of a stable.
Steady State. See definitions under “Vibration.”
Story. The part of any building comprised between the level of one finished floor and the level of the
next higher finished floor or, if there is no higher finished floor, then that part of the building comprised
between the level of the highest finished floor and the top of the roof beams. A basement shall be
counted as a "story" if the ceiling is more than six feet above the ground or if it is used for business
purposes other than storage or for dwelling purposes by other than a janitor or watchman.
Street. A strip of land intended for vehicular or pedestrian traffic and providing the principal means of
access to property, including but not limited to road, lane, drive, avenue, highway, boulevard or any
other thoroughfare.
Street, Cul-de-sac. See “Cul-de-sac.”

Street, Interstate. A street so designated in the Comprehensive Plan.
Street Line. The dividing line between a street and a lot; the same as a right-of-way line of a public
street or the curbline of a parking bay, travel lane or private street.
Street, Local Collector. A street so designated in the Comprehensive Plan.
Street, Major Collector. A street so designated in the Comprehensive Plan.
Street, Major Thoroughfare. A street so designated in the Comprehensive Plan.
Street, Primary Highway. Any street so classified by the Virginia Department of Transportation bearing
a route number less than 600.
Street, Private. A street, dedicated by deed of easement and/or designation on a recorded survey, when
same is not maintained by the Virginia Department of Transportation and is not now a component of
the state primary or secondary system.
Street, Public. A platted street, dedicated for the use of the general public, and graded and paved in
order that every person has the right to pass and to use it at all times, for all purposes of travel,
transportation or parking to which it is adapted and devoted and currently or formerly maintained by
the Commonwealth of Virginia.
Street, Secondary Highway. Any street so classified by the Virginia Department of Transportation
bearing a route number of 600 or greater.
Street, Service Drive. A public street, paralleling and contiguous to a major thoroughfare, designed
primarily to promote safety by providing free access to adjoining property and limited access to major
thoroughfares. All points of ingress and egress are subject to approval by the appropriate County
authorities and the Virginia Department of Transportation.
Street, Travel Lane. A right-of-way commonly but not always located on the front of a lot, providing
access from one lot to another and serving the same function as a service drive, but not necessarily a
public street.
Structural Alternative. A change or rearrangement in the structural parts or in the means of egress; or
an enlargement, whether by extending on a side or by increasing in height; or the moving from one
location or position to another.
Structure. That which is built or constructed. The term "structure" shall be construed as though
followed by the words "or parts thereof."
Subdivision. The land subdivided as defined in Chapter 147, Subdivision of Land, and, when appropriate
in the context, the process of subdividing or resubdividing.
(A) Fifty percent or more of the lots therein contain either an area or width less than the area or
width required by current provisions of this Ordinance;
(B) It is served by a public street providing less than 50 feet of right-of-way;
(C) It contains lots with a depth of three times or more than that of the width thereof;

(D) It contains street alignment or gradients incompatible with existing topography to the extent that
such alignment or gradients do not conform to standards adopted by the County relative thereto
or to the provisions of this Ordinance;
(E) It contains entire lots or streets located within a floodplain area; or
(F) It contains street elevations which, when related to the elevations of lots adjacent thereto, are
such as do not conform to standards adopted by the County relative thereto or to the provisions
of Chapter 147, Subdivision of Land.
Subdivision Sign. Any sign displayed for the purpose of advertising or identifying a housing development
or division of land of 10 or more lots or dwelling units.
Surveyor. See “Land Surveyor.”
Temporary Family Health Care Structures. A transportable residential structure, providing an
environment facilitating a caregiver's provision of care for a mentally or physically impaired person,
that 1) is primarily assembled at a location other than its site of installation, 2) is limited to one occupant
who shall be the mentally or physically impaired person, 3) has no more than 300 gross square feet,
and 4) complies with applicable provisions of the Industrialized Building Safety Law (§ 36-70 et seq.)
and the Uniform Statewide Building Code (§ 36-97 et seq.).
Temporary Sign. Any sign not permanently attached to a structure nor permanently mounted in the
ground which can be transported to other locations. Such signs may include but not be limited to paper
or poster signs, portable signs, sandwich signs, directional signs or other movable signs announcing or
advertising weekly specials, real estate, special services offered by a business establishment or the like.
Tenant. An individual, partnership or corporation renting or leasing commercial or industrial space for
an individual business so identified by license. If the front footage is not directly computable for each
"tenant," then the landlord is responsible for distributing the same among "tenants." Each application
by a "tenant" for a sign permit will be accompanied by a letter from the landlord authorizing the sign
as requested.
Theater. A building or structure designated for the enactment of dramatic performances and/or
showing of motion pictures. For the purpose of this Ordinance, a dinner theater shall be deemed an
"eating establishment" and a drive-in motion-picture theater shall be deemed a separate and distinct
use.
Tourist Home. A transient lodging that accommodates not more than 10 persons in not more than five
rooms/lodging units and:
(A) Is rented in its entirety (not by lodging unit) to a single party of guests;
(B) Does not have a resident manager; and
(C) Serves no meals.
Transient Lodging. Lodging in which guest rooms are occupied for less than 30 consecutive days.
Travel Lane. See “Street, Travel Lane.”
Travel Trailer. A vehicular, portable structure built in a chassis and designed to be used for temporary
occupancy for travel, recreational or vacation use; with the manufacturer's permanent identification

"travel trailer" thereon; and when factory-equipped for the road, being of any length, provided that its
gross weight does not exceed 4,500 pounds, or being of any weight, provided that its overall length
does not exceed 29 feet. For the purpose of this Ordinance, a "travel trailer" shall not be deemed a
"mobile home."
Truck and Heavy Equipment Sales, Rental and Service Establishment. Any use of land whereon the
primary occupation is the sale, rental or service of trucks, buses and heavy equipment in operating
condition, including earth-moving, well-drilling and construction equipment and cranes. For the
purpose of this Ordinance, truck and heavy equipment sales, rental and service establishments shall
not include "automobile or mobile home sales, rental and service," but may include "farm equipment,
sales, rental and service," as defined herein, and the service of vehicles and equipment shall not be
interpreted to include a service station, but may include diagnostic centers, truck and heavy equipment
parts and accessories shops where installation of parts is a distinct feature of the business and body
paint, when ancillary to sales, rental and repair.
Use. Any purpose for which a structure or a tract of land may be designed, arranged, intended,
maintained or occupied; also, any activity, occupation, business or operation carried on, or intended to
be carried on, in a structure or on a tract of land.
Use, Accessory. See “Accessory Use.”
Use, Nonconforming. See “Nonconforming Use” and Article IX, Nonconformities.
Use, Public. See “Public Use.”
Vehicle, Inoperable. See “Inoperable Vehicle.”
Vehicle Sale, Rental and Service Establishments. Any use of land whereon the primary occupation is the
sale, rental and ancillary service of any vehicle in operating condition, such as an automobile,
motorcycle, trailer, ambulance, taxicab, recreational vehicle, mobile home or boat. For the purpose of
this Ordinance, "vehicle sale, rental and service establishments" shall not include the storage of trucks
of more than 1 1/2 tons in weight or buses, and the service of any vehicle shall not be interpreted to
include a service station having fewer than four interior service stalls, but may include automobile
diagnostic centers, auto parts and accessory shops where installation of parts is a distinct feature of
the business; and may include auto body, paint or repair shops and rental establishments where
ancillary to sales.
Veterinary Clinic. A facility rendering surgical and medical treatment to animals and having no limitation
on overnight accommodations for such animals.
Vibration.
(A) A reciprocating movement transmitted through the earth, both in horizontal and vertical planes.
(B) The following terms are defined as they relate to the provisions of Article VII, Use Standards:
(1) Acceleration
(i) The rate of change of particle velocity.
(2) Amplitude

(i) The maximum displacement of the earth from the normal rest position. “Amplitude” is
usually reported as inches or miles.
(3) Displacement
(i) The amount of motion involved in earthborne vibration. It is referred to as the normal rest
position of the earth and is, therefore, one-half (1/2) of the total excursion for a steady
state vibration. "Displacement" is usually reported in inches or decimal fractions of an
inch.
(4) Frequency
(i) The number of times that a displacement completely repeats itself in one second of time.
Frequency is designated in hertz (Hz).
(5) Impact
(i) An earthborne vibration generally produced by two or more objects striking each other
so as to cause separate and distinct pulses.
(6) Particle Velocity
(i) A characteristic of vibration that depends on both displacement and frequency. If not
directly measured, it can be computed by multiplying the frequency by the amplitude
times the factor of 6.28. The "particle velocity" will be in inches per second when the
frequency is expressed in cycles per second and the amplitude is in inches.
(7) Seismograph
(i) An instrument which measures vibration characteristics simultaneously in three mutually
perpendicular planes. The "seismograph" may measure amplitude and frequency and
particle velocity or acceleration.
(8) Steady State
(i) A vibration which is continuous, as from a fan, compressor or motor.
Wall Sign. Any sign attached to the wall of a building which does not project over 18 inches from the
wall to which it is affixed.
Wholesale Sales. The sale of goods, merchandise and commodities in gross, primarily for purposes of
resale.
Wholesale Trade Establishment. Any building wherein the primary occupation is the sale of
merchandise in gross for resale, and any such building wherein the primary occupation is the sale of
merchandise to institutional, commercial and industrial consumers.
Wholesale Trade Establishment with Associated Retail Sales. A wholesale sales facility in which retail
sales are ancillary to the primary use and not more than 5% of the gross floor area.
Width, Lot. See “Lot Width.”
Window Sign. Any sign attached to the glass area of a window or placed behind the glass of a window
so that it can be read from out-of-doors.

Wine. An alcoholic beverage produced by the fermentation of the natural sugar content of fruits or
other agricultural products, including honey and milk.
Winery. A use wherein wine is produced and which is not a farm winery or a home winery. A winery
shall hold a winery or farm winery license from the Alcoholic Beverage Control Board. All uses allowed
to wineries and farm wineries by Title 4.1 of the Code of Virginia shall be permitted if the proper state
licenses have been issued. A site plan shall be required. Bus tours shall only be permitted in accordance
with Section VII-2-1(C).
Yard. Any open space on the same lot with a building or building group lying between the building or
building group and the nearest lot line, unobstructed from the ground upward and unoccupied except
by specific use and structures allowed in such open space by the provisions of this Ordinance. On any
lot which is occupied by an attached or multiple-family dwelling, no "minimum required yard" shall be
occupied by any part of a vehicular travelway or parking space that is owned and maintained by a
homeowners association, condominium or by the public.
(A) For the purpose of this Ordinance, there shall be a distinction between "yard" and "minimum
yard required." The "minimum yard requirements" set forth in this Ordinance represent the
minimum distance which the principal building(s) shall set back from the respective lot lines.
(B) On a lot line where a service drive is to be dedicated to the County or to the Virginia Department
of Transportation, such dedication shall not affect the applicable "minimum yard requirements."
The "minimum required yard" shall be established from the original lot line, except in no instance
shall a building be erected closer than 15 feet to the nearest street line. This provision shall not
apply to a lot(s) which contains a single-family detached dwelling unit.
Yard, Front. A yard extending across the full width of a lot and lying between the front lot line and the
principal building.
(A) On a corner lot, the two yards lying between the principal building and the intersecting streets
shall both be deemed to be front yards.
(B) On a through lot, the two yards lying between the principal building and the two or more public
or private streets shall be deemed to be front yards and shall be controlled by the provisions for
the same, except as qualified in Article III, Permits and Applications, for lots having reverse
frontage.
Yard Privacy. A small area contiguous to a building and enclosed on at least two sides with either a wall
or fence of six feet minimum height.
Yard, Rear. A yard extending across the full width of the lot and lying between the rear lot line of the
lot and the principal building group. On a corner lot, the rear yard shall be that yard on the opposite
side of the building from the front lot line, which extends from the front on the one side to the opposite
side lot line. Where corner lots are designed for single-family detached dwellings in residential zoning
districts, the rear yard may be such minimum dimension as the side yard requirements for that district.
Yard, Side. A yard between the side lot line of the lot and the principal building and extending from the
front yard to the rear yard or, in the absence of either of such yards, to the front or rear lot lines, as
the case may be.

Yard/Garage Sale. The sale of goods from a residence, whether conducted in the dwelling, garage,
other building or outdoors.
Division 4. Overlay District Definitions.

As used in Article V, the following terms shall have the meaning indicated:
Appurtenant or Accessory Structure. A nonresidential structure which is on the same parcel of property
as the principal structure and the use of which is incidental to the use of the principal structure.
Accessory structures are not to exceed 600 square feet.
Base Flood. The flood having a one-percent chance of being equaled or exceeded in any given year.
Also known as the one-hundred-year flood.
Base Flood Elevation. The water surface elevations of the base flood, that is, the flood level that has a
1% or greater chance of occurrence in any given year. The water surface elevation of the base flood in
relation to the datum specified on the community's Flood Insurance Rate Map. For the purposes of this
chapter, the base flood is the 1% annual chance flood.
Basement. Any area of the building having its floor subgrade (below ground level) on all sides.
Board of Zoning Appeals. The Rappahannock County Board of Zoning Appeals provided for by Article II,
Administration, of this Ordinance.
Development. Any man-made change to improved or unimproved real estate, including, but not limited
to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling
operations or storage of equipment or materials.
Elevated Building. A nonbasement building built to have the lowest floor elevated above the ground
level by means of solid foundation perimeter walls, pilings, or columns (posts and piers).
Encroachment. The advance or infringement of uses, plant growth, fill, excavation, buildings,
permanent structures or development into a floodplain, which may impede or alter the flow capacity
of a floodplain.
Existing Construction. For the purposes of the NFIP, structures for which the start of construction
commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before
that date. "Existing construction" may also be referred to as "existing structures" and "pre-FIRM."
Flood Insurance Rate Map (FIRM). An official map of a community, on which the Federal Emergency
Management Agency has delineated both the special hazard areas and the risk premium zones
applicable to the community. A FIRM that has been made available digitally is called a Digital Flood
Insurance Rate Map (DFIRM).
Flood Insurance Study (FIS). A report by FEMA that examines, evaluates and determines flood hazards
and, if appropriate, corresponding water surface elevations, or an examination, evaluation and
determination of mudflow and/or flood-related erosion hazards.
Flood or Flooding.
(A) A general or temporary condition of partial or complete inundation of normally dry land areas
from:

(1) The overflow of inland or tidal waters; or
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
(3) Mudflows which are proximately caused by flooding as defined in Subsection (1)(b) of this
definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry
land areas, as when earth is carried by a current of water and deposited along the path of the
current.
(B) The collapse or subsidence of land along the shore of a lake or other body of water as a result of
erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels
or suddenly caused by an unusually high water level in a natural body of water, accompanied by
a severe storm, or by an unanticipated force of nature such as flash flood or an abnormal tidal
surge, or by some similarly unusual and unforeseeable event which results in flooding as defined
in Subsection (1)(a) of this definition.
Floodplain or Flood-Prone Area. Any land area susceptible to being inundated by water from any source.
Floodproofing. Any combination of structural and nonstructural additions, changes, or adjustments to
structures which reduce or eliminate flood damage to real estate or improved real property, water and
sanitary facilities, structures and their contents.
Floodway. The channel of a river or other watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than one foot.
Freeboard. A factor of safety usually expressed in feet above a flood level for purposes of floodplain
management. Freeboard tends to compensate for the many unknown factors that could contribute to
flood heights greater than the height calculated for a selected size flood and floodway conditions, such
as wave action, bridge openings, and the hydrological effect of urbanization in the watershed.
Functionally Dependent Use. A use which cannot perform its intended purpose unless it is located or
carried out in close proximity to water. This term includes only docking facilities, port facilities that are
necessary for the loading and unloading of cargo or passengers, and shipbuilding and ship repair
facilities, but does not include long-term storage or related manufacturing facilities.
Highest Adjacent Grade. The highest natural elevation of the ground surface prior to construction next
to the proposed walls of a structure.
Historic Structure. Any structure that is:
(A) Listed individually in the National Register of Historic Places (a listing maintained by the
Department of the Interior) or preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the National Register;
(B) Certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined by the
Secretary to qualify as a registered historic district;
(C) Individually listed on a state inventory of historic places in states with historic preservation
programs which have been approved by the Secretary of the Interior; or

(D) Individually listed on a local inventory of historic places in communities with historic preservation
programs that have been certified either:
(1) By an approved state program as determined by the Secretary of the Interior; or
(2) Directly by the Secretary of the Interior in states without approved programs.
Hydrologic and Hydraulic Engineering Analysis.
Analyses performed by a licensed professional engineer, in accordance with standard engineering
practices that are accepted by the Virginia Department of Conservation and Recreation and FEMA, used
to determine the base flood, other frequency floods, flood elevations, floodway information and
boundaries, and flood profiles.
Letters of Map Change (LOMC). An official FEMA determination, by letter, that amends or revises an
effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include:
(A) Letter of Map Amendment (LOMA) An amendment based on technical data showing that a
property was incorrectly included in a designated special flood hazard area. A LOMA amends the
current effective Flood Insurance Rate Map and establishes that a property as defined by meets
and bounds or structure is not located in a special flood hazard area.
(B) Letter of Map Revision (LOMR) A revision based on technical data that may show changes to flood
zones, flood elevations, floodplain and floodway delineations, and planimetric features. A Letter
of Map Revision Based on Fill (LOMR-F), is a determination that a structure or parcel of land has
been elevated by fill above the base flood elevation and is, therefore, no longer exposed to
flooding associated with the base flood. In order to qualify for this determination, the fill must
have been permitted and placed in accordance with the community's floodplain management
regulations.
(C) Conditional Letter of Map Revision (CLOMR) A formal review and comment as to whether a
proposed flood protection project or other project complies with the minimum NFIP
requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR
does not revise the effective Flood Insurance Rate Map or Flood Insurance Study.
Lowest Adjacent Grade. The lowest natural elevation of the ground surface next to the walls of a
structure.
Lowest Floor. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-
resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other
than a basement area, is not considered a building's lowest floor, provided that such enclosure is not
built so as to render the structure in violation of the applicable nonelevation design requirements of
44 CFR 60.3.
Manufactured Home. A structure, transportable in one or more sections, which is built on a permanent
chassis and is designed for use with or without a permanent foundation when connected to the
required utilities. For floodplain management purposes, the term "manufactured home" also includes
park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive
days.

Manufactured Home Park Or Subdivision. A parcel (or contiguous parcels) of land divided into two or
more manufactured home lots for rent or sale.
Mean Sea Level. For purposes of the NFIP, the National Geodetic Vertical Datum (NGVD) of 1929 or the
North American Vertical Datum (NAVD) of 1988 to which base flood elevations shown on a
community's FIRM are referenced.
New Construction. For the purposes of determining insurance rates, structures for which the start of
construction commenced on or after August 24, 1984, and includes any subsequent improvements to
such structures. For floodplain management purposes, "new construction" means structures for which
the start of construction commenced on or after the effective date of a floodplain management
regulation adopted by a community and includes any subsequent improvements to such structures.
Post-FIRM Structures. A structure for which construction or substantial improvement occurred on or
after August 24, 1984.
Pre-FIRM Structures. A structure for which construction or substantial improvement occurred before
August 24, 1984.
Recreational Vehicle. A vehicle which is:
(A) Built on a single chassis;
(B) Four hundred square feet or less when measured at the largest horizontal projection;
(C) Designed to be self-propelled or permanently towable by a light-duty truck; and
(D) Designed primarily not for use as a permanent dwelling but as temporary living quarters for
recreational camping, travel, or seasonal use.
Repetitive Loss Structure. A building covered by a contract for flood insurance that has incurred flood-
related damages on two occasions in a ten-year period, in which the cost of the repair, on the average,
equaled or exceeded 25% of the market value of the structure at the time of each such flood event;
and at the time of the second incidence of flood-related damage, the contract for flood insurance
contains increased cost of compliance coverage.
Severe Repetitive Loss Structure. A structure that:
(A) Is covered under a contract for flood insurance made available under the NFIP; and
(B) Has incurred flood-related damage:
(1) For which four or more separate claims payments have been made under flood insurance
coverage with the amount of each such claim exceeding $5,000, and with the cumulative
amount of such claims payments exceeding $20,000; or
(2) For which at least two separate claims payments have been made under such coverage, with
the cumulative amount of such claims exceeding the market value of the insured structure.
Shallow Flooding Area. A special flood hazard area with base flood depths from one to three feet where
a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate,
and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Special Flood Hazard Area (SFHA). The land in the floodplain subject to a one-percent or greater chance
of being flooded in any given year as determined in Subsection C(1) of this section.
Start of Construction. The date the building permit was issued, provided the actual start of construction,
repair, reconstruction, rehabilitation, addition, placement, substantial improvement or other
improvement was within 180 days of the permit date. The actual start means either the first placement
of permanent construction of a structure on a site, such as the pouring of slab or footings, the
installation of piles, the construction of columns, or any work beyond the stage of excavation; or the
placement of a manufactured home on a foundation. Permanent construction does not include land
preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or
walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection
of temporary forms; nor does it include the installation on the property of accessory buildings, such as
garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial
improvement, the actual start of the construction means the first alteration of any wall, ceiling, floor,
or other structural part of a building, whether or not that alteration affects the external dimensions of
the building.
Structure. For floodplain management purposes, a walled and roofed building, including a gas or liquid
storage tank, that is principally above ground, as well as a manufactured home.
Substantial Damage. Damage of any origin sustained by a structure whereby the cost of restoring the
structure to its before damaged condition would equal or exceed 50% of the market value of the
structure before the damage occurred.
Substantial Improvement.
(A) Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of
which equals or exceeds 50% of the market value of the structure before the start of construction
of the improvement. This term includes structures which have incurred repetitive loss or
substantial damage, regardless of the actual repair work performed. The term does not, however,
include either:
(1) Any project for improvement of a structure to correct existing violations of state or local
health, sanitary, or safety code specifications which have been identified by the local code
enforcement official and which are the minimum necessary to assure safe living conditions;
or
(2) Any alteration of a historic structure, provided that the alteration will not preclude the
structure's continued designation as a historic structure.
(B) Historic structures undergoing repair or rehabilitation that would constitute a substantial
improvement as defined above must comply with all section requirements that do not preclude
the structure's continued designation as a historic structure. Documentation that a specific
section requirement will cause removal of the structure from the National Register of Historic
Places or the State Inventory of Historic places must be obtained from the Secretary of the
Interior or the State Historic Preservation Officer. Any exemption from section requirements will
be the minimum necessary to preserve the historic character and design of the structure.
Violation. The failure of a structure or other development to be fully compliant with the community's
floodplain management regulations. A structure or other development without the elevation

certificate, other certifications, or other evidence of compliance required in Article V, Division 3, is
presumed to be in violation until such time as that documentation is provided.
Watercourse. A lake, river, creek, stream, wash, channel or other topographic feature on or over which
waters flow at least periodically. "Watercourse" includes specifically designated areas in which
substantial flood damage may occur.

Rappahannock County Zoning Ordinance - Reorganized

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Rappahannock County Zoning Ordinance - Reorganized

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Rappahannock County Zoning Ordinance Update

Draft Reorganized Zoning Ordinance

TABLE V-1. OVERLAY ZONING DISTRICTS ..................................................................................................................... 50

TABLE VI-1. USE MATRIX ABBREVIATIONS ................................................................................................................... 79

TABLE VII-1. MAXIMUM GROUP I VIBRATION LEVELS ................................................................................................... 95

TABLE X-1. GENERAL ABBREVIATIONS .......................................................................................................................185

Section I-1-2. Authority.

Section I-1-3. Purpose.

Section I-1-4. Applicability.

Section I-1-5. Conformity Required.

Section I-1-6. Severability.

Section I-2-2. Figures and References.

Division 3. Zoning Districts Map

Section I-3-2. Incorporated by Reference.

Section I-3-4. Unauthorized Changes.

Division 4. Transition of Regulations After Adoption.

Section I-4-2. Violations Continue.

Section I-4-3. Nonconformities.

Section I-4-4. Complete Applications.

Section I-4-5. Other Approved Permits and Development Approvals.

Section I-4-6. Vested Right.

Division 2. Planning Commission.

Section II-2-2. Powers and Duties.

Section II-2-3. Meetings and Procedures.

Section II-3-2. Powers and Duties.

Section II-3-3. Meetings and Procedures.

Section II-4-2. Complaints and Inspection.

Section II-4-3. Notice of Violation.

Section II-4-4. Remedies and Penalties for Violation.

Division 6. Taxes and Expenses Paid.

Section III-1-2. Minimum Submission Standards.

Section III-1-3. Forms.

Section III-1-4. Ownership Disclosure.

Section III-1-5. Oath Required.

Division 2. Zoning Text and Map Amendments.

ARTICLE III – Permits and Applications. | 14

Section III-2-2. Standards and Procedures.

ARTICLE III – Permits and Applications. | 15

Section III-2-3. Reconsiderations.

ARTICLE III – Permits and Applications. | 16

Division 3. Conditional Zoning and Proffers.

Section III-3-2. Standards and Procedures.

Section III-3-3. Amendments and Variations Prior to Final Decision.

Section III-3-4. Effect of Condition; Period of Validity.

Section III-3-5. Record of Conditional Zoning.

Section III-3-6. Reconsiderations.

Division 4. Special Exceptions.

Section III-4-2. Applicability.

ARTICLE III – Permits and Applications. | 17

Section III-4-3. Standards and Procedures.

ARTICLE III – Permits and Applications. | 18

ARTICLE III – Permits and Applications. | 19

ARTICLE III – Permits and Applications. | 20

ARTICLE III – Permits and Applications. | 21

Section III-4-4. Effect of Decision; Period of Validity.

ARTICLE III – Permits and Applications. | 22

Section III-4-5. Revocation.

Section III-4-6. Reconsiderations.

ARTICLE III – Permits and Applications. | 23

Section III-5-2. Standards and Procedures.

ARTICLE III – Permits and Applications. | 24

ARTICLE III – Permits and Applications. | 25

Section III-5-4. Reconsiderations.