Chapter 170. ZONING Article IV. District Regulations · Rappahannock County, VA Tuesday, December 17, 2013 Chapter 170. ZONING Article IV. District Regulations § 170-34. Districts

Rappahannock County, VATuesday, December 17, 2013

Chapter 170. ZONING

Article IV. District Regulations

§ 170-34. Districts enumerated. For the purpose of this chapter, the following zoning districts and groups of zoning districts are established: A. Resource Preservation Zoning Districts:

District Abbreviation

Conservation District C

Agriculture District A

B. Residential Zoning Districts:


Residential Rural District RR-5

Residential District R-2

Residential Village District RV

Mobile Home Park District MHP

C. Commercial Zoning Districts:


Commercial Village District CV

Commercial General District CG

Commercial Highway District HC

D. Industrial Zoning District:



Industrial District I

§ 170-35. Purpose and intent of districts. 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. A. 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.

B. 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.

C. 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.

D. 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.

E. 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.

F. The Mobile Home Park District is designed to allow parks for the location of mobile homes as defined herein.

G. 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.

H. 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.

I. 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.

J. 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.

§ 170-36. Permitted uses, special uses and special permits. The following uses are permitted as indicated in the following charts. All uses require a zoning permit. [See § 170-38A(3).]

KEY

PSPSEXBLANK

-----

Permitted useSpecial permitted use (BZA)Special exception use (Board)Site plan required as indicatedUse not allowed as listed in the zoning district represented by that column or site plan not required

CATEGORIES OF USES

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

A. Residential uses. Residential uses shall be permitted as follows:[Amended 4-6-1987; 1-4-1989; 7-6-1994; Editor's Note: This ordinance was readopted 12-2-

1996. 1-5-2000; 1-3-2007]

Zoning District

Residential Uses C A RR-5 R-2 RV CV CG HC I MHPSite Plan

Dwelling, single-family

P P P P P SP SP SP SP SP

SP SP SP P P SP SP SP

Zoning District


Dwelling, attached, 2-family (duplex)

Dwelling, attached, greater than 2 families

SE SE SP SP SP SP SP

Dwelling, multifamily

SP SP SP SP SP SP X

Dwelling, mobile home

P* P* P

More than 1 dwelling on a lot or parcel

SE SE SE SE SE SP SP SP

Home occupation P P P P P P SP P

Small contracting business (same lot as residence)

SP SP SP SP SP P P P

Cottage industry (same lot as dwelling of owner/proprietor)

SP SP SP SP SP P SP

Residential lot developmentEditor's Note: For provisions governing subdivision generally, see Ch. 147, Subdivision of Land.

P P P P P

Residential lot development (family transfer) greater than 5 lots cumulative since

SE SE SE SE SE

Zoning District


1962 Editor's Note: For provisions governing subdivision generally, see Ch. 147, Subdivision of Land.

Family apartment SP SP SP SP SP SP SE SE

Efficiency apartment

SP SP SP SP SP SP SE SE

Repair shop (same lot as residence)

SP SP SP SP SP SP SP

Auto repair shop (same lot as residence)

SE SE SE SE SE P P P P

NOTES:*As provided in § 170-42.

B. Community, educational and institutional uses. Community, educational and institutional uses shall be permitted as follows:

[Amended 7-6-1994; Editor's Note: This ordinance was readopted 12-2-1996. 12-6-1999; 7-3-2000; 11-6-2000]

Zoning District

Community, Educational and institutional uses C A RR-5 R-2 RV CV CG HC I MHP

Site Plan

Club or lodge (civic, fraternal or patriotic)

SP SP SP SP SP SP P

Carnivals sponsored by nonprofit

P P P P P P P P

Zoning District


Site Plan

organizations, fairs or shows (5-day limit per year)

Carnivals sponsored by nonprofit organizations, fairs or shows greater than 5 days per calendar year

SP P X

School, public or private, within a house or building, with less than 25 students

SP SP SP SP SP P P SP X

School, public or private, within a house or building, with greater than 25 students

SE SE SE SE SE SE SE SE X

School, public or private, not conducted within a building

SE X

Residential facility off-site, for use by students or others associated with an educational institution

SP SP SP SP SP X

SP SP SP SP SP SP X

Zoning District


Site Plan

Monastery or similar religious residential facility

Place of worship, including church cemetery

SP SP SP SP SP P P P SP SP X

Medical care facility, with less than 10 beds

SE SP SP SP SP P P

Medical care facility, with greater than 10 beds

SE SP SP SP SP P X

Residential care facility, minor

SE SP SP SP SP P P X

Residential care facility, major

SE SE SE SE SE SE SE X

C. Public and quasi-public uses. Public and quasi-public uses shall be permitted as follows: [Amended 8-1-1988; 11-6-1989; 8-6-1995; 11-6-1995]

Zoning District

Public and Quasi-Public Type Uses C A RR-5 R-2 RV CV CG HC I MHP

Site Plan

Conference center SE SE P X

Penal or correctional facility

SE X

Post office SP SP SP P P X

Museum SP P P P X

Arena/stadium SE SE X

Zoning District


Site Plan

Library SE SE SE SP P P SE X

Public safety facility (fire, rescue or police station or detention facility)

SE SE SE SE SE SE SE X

Parks and recreation facility (governmental/civic), athletic

SE SE SE SE SE SE X

Parks and recreation facility (governmental/civic), nonathletic

SE SE SE SE SE SE X

Fairground SE P SE SE X

Sanitary landfill (Rappahannock County governmental only)

SE SE SE X

Solid waste transfer station

SP SP SP SP SP SP SP P SP X

Sewerage treatment or water purification facility (public or private)

SE SE SE SE SE SE SE SE SE X

Telecommunication facility or radio, television and microwave antenna and/or transmitting facility


Electrical generating plant and facilities



Zoning District


Site Plan

Utility transmission facility greater than 34.5 kilovolts not for local distribution

Parking facility (public or private)


Animal shelter SE SE SE SE SE SE SE SE SE

D. Recreation and amusement uses. Recreation and amusement uses shall be permitted as follows:

[Amended 9-19-1988; 7-6-1994 Editor's Note: This ordinance was readopted 12-2-1996. ; 9-6-1995; 9-4-1996; 1-3-2007]

Zoning District

Recreation and Amusement Uses C A RR-5 R-2 RV CV CG HC I MHP

Site Plan

Country club/golf course, public or private

SE X

Swimming/tennis facility, public or private club

SE P X

Firing range facility (indoor)

SE SE X

Country inn, retreat or lodge (less than 5 acres used)

SP SP X

Country inn, retreat or lodge (greater than 5 acres used)

SE SE X

SE SE

Zoning District


Site Plan

Conference center or resort

Tent campground SE SE X

Travel-trailer park SE P SP X

Equestrian facility (non-spectator)

P P P P P P

Equestrian facility (spectator)

SP SP SP SP SP SP SP

Drive-in theater SE P X

Golf driving range, go cart or similar outdoor commercial recreation

SP SP X

Private club; indoor

SP P X

Theater, indoor SP P X

Health club/spa P X

Bowling alley P X

Pool/billiards or amusement arcade facilities, indoor

SP SP SP X

Skating rink, ice or roller

P X

Dance hall SP SP X

Animal petting farm

SP SP SP SP X

Zoning District


Site Plan

Retail fishing SP SP SP P P X

Firing range facility (outdoor)

SE SE X

Dance, music or performing arts studio

SP SP SP SP SP SP SP SP SP SP X

E. Commercial, retail and business uses. Commercial, retail and business uses shall be permitted as follows:

[Amended 7-6-1987; 9-2-1987; 8-1-1988; 11-7-1988; 9-6-1995; 8-4-1997; 11-6-2000; 1-3-2007; 7-2-2007]

Zoning District

Commercial, Retail and Business Uses C A RR-5 R-2 RV CV CG I HC MHP

Site Plan

Retail sales establishment, less than 2,000 square feet gross (no outside storage)

P SP P X

Retail sales establishment, less than 5,000 square feet gross (no outside storage)

SP P P X

Retail sales establishment, greater than 5,000 square feet gross (no outside storage)

P P X

Kennel SP SP SP SP P X

SP P P X

Zoning District


Site Plan

Animal hospital/veterinary clinic

Financial institution P P X

Funeral home SP P X

Farm supply establishment

SE P P P X

Building material sales, less than 1 acre used

SP P X

Building material sales, greater than 1 acre used

P SP X

Office, professional, including clinic, less than 3 persons employed

SP SP SP SP P P X

Office, professional, including clinic, greater than 3 persons employed

P P X

Office, business, less than 2,000 square feet gross

P P P X

Office, business, greater than 2,000 square feet gross

SP P P X

Eating establishment, fast-food

P P X

P P P X

Zoning District


Site Plan

Eating establishment

Laundry/dry cleaners/laundromat

P P SP SP X

Furniture repair SP P P P X

Barbers/beauty shop

SP SP SP SP SP P P P X

Carpentry, plumbing, electrical, printing or sheet metal shop

SP SP SP P P X

Auction establishment

SE SE SE SE P P P X

Car wash SP P X

Auto service station P P P X

Auto repair garage SP P P X

Motor vehicle impoundment yard

SP P X

Junkyard/auto graveyard

SE X

Auto sales, repair and/or service

SP P SP X

Truck and heavy equipment sales, rental and/or service

P P X

Mobile home sales, rental and/or service

SP X

Taxi service SP SP SP P X

Zoning District


Site Plan

Bus terminal SP SP P P P P X

Tourist home/bed and breakfast

SP SP SP SP SP P P P X X

Boardinghouse SP SP SP SP SP SP P X

Motel/hotel P SP P X

Antique shop/gift shop

SP SP P P P X

Seasonal wayside stand (off-site)

SE SE P P P X

Motor freight terminal

SP X

Contractor's office/shop/yard

SE SE SE SE SE P P P X

Flea market SP P P X

Taxidermy SE SE SE SE SE X

F. Nonagricultural wholesale and industrial uses. Nonagricultural wholesale and industrial uses shall be permitted as follows:

[Amended 9-2-1987; 1-8-2003; 4-7-2003]

Zoning District

Wholesale and Industrial Uses, Nonagricultural C A RR-5 R-2 RV CV CG HC I MHP

Site Plan

Warehousing, including moving and storage establishment

SE SE P X

Wholesale trade establishment, less

SP P X

Zoning District


Site Plan

than 5,000 square feet gross

Wholesale trade establishment greater than 5,000 square feet gross

P X

Wholesale trade establishment with retail sales, less than 5,000 square feet gross floor area

SP P X

Wholesale trade establishment with retail sales, greater than 5,000 square feet gross floor area

SP X

Petroleum products bulk storage and distribution

SE SP X

Industrial uses other than heavy industrial uses

P X

Heavy industrial uses

SE X

Mining, quarrying and/or mineral processing (on-site), including associated batching and asphalt mixing

SE X

Zoning District


Site Plan

Distilleries:

5,000 gallons per year or less

SE SE SE SE SE X

More than 5,000 gallons per year

SE SE SE SE X

Breweries SE SE SE SE X

G. Agriculture, horticulture, forestry and associated uses. Agriculture, horticulture, forestry, nursery and associated uses shall be permitted as follows:

[Amended 9-7-1994; 1-8-2003; 8-6-2007]

Zoning District

Agricultural, Horticultural Forestry and Associated C A RR-5 R-2 RV CV CG HC I MHP Site Plan

Crop/livestock farming

P P P P P P

Dairy farming SP P P P

Commercial feed lot, greater than 100 heads

SP P P

Swine farm, greater than 20 sows

SP P P

Poultry farm (1,000 birds or more)

SP P P

Nursery (greenhouse mostly

P P SP P P P

Zoning District


wholesale)Editor's Note: The entry for "Orchard/vineyard, greater than 2 acres," was repealed 1-8-2003.

Nursery (no permanent sales or display facility)

SP P P SP SP P P SP

Forestry P P P P P P P P

Distillation of industrial alcohol (ethanol) for farm use

SP SP SP SP X

Processing, storage and sale of agricultural products grown on premises

P P P SP SP

Livestock exchange

SE SP SE X

Lime, fertilizer and agricultural chemical storage and distribution

SP SP SP SP SP P P

Farm equipment, sales, service and rental

SP SP SP SP SP P P X

Sawmill, custom SP SP P

SE SE P X

Zoning District


Sawmill, commercial

Farm winery, Category 1

P P P SP SP See definition; required

in R-2 and RV

Farm winery, Category 2

P P P SP SP See definition; required

in R-2 and RV

Winery SE SE SE P P P X

Farm winery retail establishment

Sp SP SP SP X

Home winery/brewery

P P P P P P P P P

Adult farm labor camp

SE SE X

Aquaculture SP SP

Biosolids storage facilities1

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.

H. Miscellaneous uses. Miscellaneous uses shall be permitted as follows: [Amended 1-4-1989; 11-6-1989; 1-3-2007]

Zoning District

Miscellaneous Uses C A RR-5 R-2 RV CV CG HC I MHP

Site Plan

Family graveyard P P P P P P

Cemetery (non-church-related)

SP

Adaptive uses of existing structures

SE SE SE SE SE SE SE SE SE

Resubdivision SE SE SE SP SE SE SE SE SE

Airport or landing strip

SP

Carnival, field party, fair, show or music festival, for profit, temporary

SE SE P P X

Condominium conversion

SP SP SP SP SP SP

Expansion of nonconforming uses

SE SE SE SE SE SE SE SE SE SE

Off-site directional signs

SE SE SE SE SE SE SE SE

§ 170-37. Use regulations. [Amended 4-6-1987; 8-1-1988; 9-19-1988; 1-5-2000; 11-6-2000; 1-3-2007; 1-7-2008]The requirements in the following chart and the footnotes pertaining thereto are established as indicated.

Zoning District

Type of Requirement C A RR-5 R-2 RV CV CG HC I MHP

Site Plan

Maximum density (dwelling units/acres)1

1/25 1/25 1/5 1/2 1/1 -- -- -- -- 2/1

Zoning District


Site Plan

Minimum lot size (acres)

Conventional 5 2 5 2 1 1 1 1 2 10

Special exception

-- -- 2 1 -- -- -- -- -- --

Minimum lot width (feet)

Conventional 500 400 300 200 100 50 150 150 150 --

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)

200 200 100 75 754 504 75 75 100 100

Secondary 100 100 75 50 50 50 50 50 75 75

Private 100 100 75 50 50 -- -- -- -- --

Minimum side and rear yards, principal use (feet)

Residential or resource preservation district

100 50 50 20 20 -- -- -- -- --

Zoning District


Site Plan

Commercial or industrial zoning district adjoining a commercial or industrial zoning district

-- -- -- -- 0 0 12 25 -- --

Commercial or industrial zoning district adjoining a residential or resource preservation zoning district

-- -- -- -- -- 15 25 25 25 --

Maximum building height (feet) (See § 170-30 for exclusions.)

35 35 35 35 35 35 50 50 60 20

Minimum open space (%)

25 35 0 -- -- -- -- 30

Stream Protection Overlay Disticts5

X X X X X X X

NOTES:1 For maximum density, see §§ 170-22 and 170-38.2 See also § 170-40, 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 the Footnote 3 above, in no case shall less than 20 feet be within the lot.

NOTES:1 For maximum density, see §§ 170-22 and 170-38.2 See also § 170-40, Family subdivisions.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.

§ 170-38. Use limitations. A. All districts.

(1) Except as otherwise qualified in this chapter, all uses shall comply with the performance standards set forth in Article XIII.

(2) In addition to the regulations of this chapter, junkyards shall be subject to the provisions of § 33.1-348 of the Code of Virginia, Automobile Graveyards.

(3) In addition to the regulations of this chapter, all uses requiring a permit from the State Air Pollution Control Board shall obtain the same prior to the issuance of a building or zoning permit.

(4) All construction of, changes to or enhancement of plumbing or sewage disposal systems within the Rappahannock County Water and Sewer Authority service area (as defined by plans dated December 1984, on file in the Rappahannock County Zoning Office) shall obtain a permit for hookup to the Sperryville sanitary sewer system prior to the issuance of a building or zoning permit.

(5) For new residential uses in commercial zones, there shall be maintained a minimum ten-foot side and rear yard setback for principal uses.[Added 11-6-1989]

(6) 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 chapter 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.[Added 3-5-1990]

(7) The use of sludge for land application is prohibited in all zoning districts in Rappahannock County. Editor's Note: See also Ch. 140, Sewage Sludge.. This prohibited use shall include both surface and subsurface application. The term "sludge" is defined to be any solid, semisolid or liquid waste generated from a public, municipal, commercial, private or industrial wastewater treatment plant, water supply treatment plant, any pollution control facility or any other waste-producing facility, and includes treated sewage, stabilized sewage sludges and stabilized septage. This Subsection A(7)shall not apply to the otherwise lawful:[Amended 10-3-1994]

(a) Incineration of sludge; or (b) Disposal of sludge in an approved sanitary landfill.

(8) Any permanent parking area with more than 50 vehicle spaces which shall be illuminated shall be subject to the lighting requirements of § 170-119 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.[Added 9-8-2004]

B. All residential districts. No sale of goods or products shall be permitted, except as accessory and incidental to a permitted, special permit or special exception use.

C. 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.

D. All commercial and industrial districts. (1) On a corner lot, no entrance shall be located closer than 60 feet to the right-of-way line

of the intersecting streets. (2) 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. (3) 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.

(4) Outdoor storage and display areas shall be permitted only on the same lot if ancillary there to a permitted, special permit or 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.

(5) 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.

(6) 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.

E. All industrial districts. 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.

F. All Mobile Home Park Districts. (1) 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.

(2) 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.

(3) All mobile home parks shall be subject to approval of a site plan in accordance with the provisions of Article XIV.

(4) 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.

(5) 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 chapter.

(6) No structure shall be attached to any mobile home except for mobile home accessory structures as defined in this chapter. 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.

(7) 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.

(8) All mobile home spaces shall abut on a driveway or private street with unobstructed access to a public street.

(9) All private streets and driveways within a mobile home park shall be constructed in accordance with the provisions of Article XI.

G. Attached and multifamily uses. (1) 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.

(2) 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.

(3) A separate entrance to a public street shall be provided for each 30 dwelling units. (4) Duplex dwellings shall not exceed allowable district density requirements and except

for the common wall shall meet all other single-family dwelling requirements.

§ 170-39. Additional regulations. A. All districts.

(1) Refer to Article III, General Regulations, for provisions which may qualify or supplement the regulations presented above.

(2) Refer to Articles IX, X and XI for off-street parking, loading and private street provisions.

(3) Refer to Article XII for regulations on signs.

§ 170-40. Family subdivisions. [Added 9-19-1988]A. A family transfer is also exempted from the density limitations contained in § 170-37,

provided that:

(1) The transfer is for the purpose of present or future residency of the family member. (2) 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.

(3) 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 chapter 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.

(4) 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).[Amended 11-6-2000]

(5) Notice shall be mailed to adjacent property owners of the approval of the lot. (6) 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.[Added 2-4-1991]

(7) 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.[Added 2-4-1991]

B. "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.

[Added 2-4-1991]C. 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.

[Added 2-4-1991]

§ 170-41. Temporary mobile home permits. [Added 11-6-1989]A. In all zoning districts except HC Highway Commercial, temporary mobile homes may be

allowed by the Zoning Administrator for a period not to exceed one calendar year from the date of final occupancy permit issuance.

B. This period may be extended for up to six months upon application to the Zoning Administrator satisfactorily demonstrating the existence of extenuating circumstances not controllable by the permittee.

C. This permit will be issued only to applicants who can show that a mobile home is needed while he or she is constructing, reconstructing or remodeling his or her intended permanent dwelling and will be immediately and irrevocably revoked upon issuance of a final occupancy permit for said permanent dwelling.

D. Application. (1) The applicant shall, on forms provided by the Zoning Administrator, file an application

for a temporary mobile home permit no less than 30 days prior to the intended date of said permit's taking effect. The application forms shall provide such information as the Zoning Administrator shall find to be necessary for the fair administration of this chapter.

(2) The Zoning Administrator shall, within five days of filing such completed application, by letter notify adjacent property owners of the filing of the application, where and when it may be reviewed by interested parties and the last date that comments will be accepted for consideration.

(3) Upon determination that the application meets such standards as set forth in Subsections A through C above, the Zoning Administrator shall issue a temporary mobile home permit, setting forth all applicable conditions, restrictions and time limits.

§ 170-42. Permanent mobile homes. [Added 2-4-1991; amended 7-6-1994 Editor's Note: This ordinance was readopted 12-2-1996. ; 9-6-1995]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: A. Be placed on a permanent foundation; and B. Be skirted completely such that no light shall see through the foundation.

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Chapter 170. ZONING Article IV. District Regulations · Rappahannock County, VA Tuesday, December 17, 2013 Chapter 170. ZONING Article IV. District Regulations § 170-34. Districts