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

2 GINIA, AMENDING CHAPTER 170, ZONING, OF THE RAPPAHANNOCK COUNTY CODE TO

3 REASSIGN THE PERMITTING PROCESS FOR ALL USES CURRENTLY APPROVED BY SPE-
4 CIAL USE PERMIT SUCH THAT THEY WILL BE APPROVED BY SPECIAL EXCEPTION
5
6
7 WHEREAS the Board of Supervisors desires to change the method used to permit several uses currently per-
8 mitted by Special Use Permit such that they will be permitted by Special Exception, which changes require
9 amendments to Chapter 170, Zoning or the Rappahannock County Code to include the following; and,
10 • Article IV, District Regulations
11 o § 170-36, Permitted uses, special uses and special permits.
12 • Article VI, Special Permits and Special Exceptions
13 o § 170-62, Residential Uses.
14 o § 170-66, Commercial, Retail and Business Uses.
15 o § 170-67, Wholesaling and Industrial Uses; Nonagriculture.
16 o § 170-68, Agriculture, Horticulture and Associated Uses.
17 o § 170-69, Miscellaneous Uses.
18 • Article XI, Private Streets
19 o § 170-87, Limitations.
20 • Article XII, Signs
21 o § 170-107.1, Lighting of Signs.
22 • Article XIII, Performance Standards
23 o § 170-119, Outdoor Lighting.
24
25 WHEREAS, on April 3, 2023 by a vote of (#-#) the Board of Supervisors authorized the County Administrator
26 and Zoning Administrator to advertise a joint Public Hearing with the Planning Commission to be held at the
27 Board’s regular meeting scheduled for May 1, 2023 in accordance with § 15.2-2204(A) of the Code of Virginia
28 to receive community input on the proposed amendments; and,
29
30 WHEREAS, after having been properly advertised, the Planning Commission and Board of Supervisors held
31 a joint public hearing on May 1, 2023, and following the public hearing, the Planning Commission voted (#-
32 #) to recommend approval of the proposed ordinance amendments to the Board of Supervisors; and,
33
34 WHEREAS, following the joint public hearing and recommendation of approval by the Planning Commission,
35 the Board of Supervisors having considered the recommendation of the Planning Commission, and finding that
36 the public necessity, convenience, general welfare, and good zoning practice require the proposed amendments,
37 desires to adopt an ordinance amending Chapter 170, Zoning, of the Rappahannock County Ordinance.
38
39 NOW THEREFORE BE IT ORDAINED AND ENACTED, by roll-call vote of the Rappahannock County
40 Board of Supervisors this first day of May 2023, that Chapter 170, Zoning, of the Rappahannock County Code
41 is by this ordinance amended to read as follows with changes identified as such: italicized and underlined
42 language is language to be added. Language that is stricken through is to be deleted. For clarity, sections not
43 shown have no changes.
44
45 (Ordinance amendment begins on next page)
46
47 Chapter 170
48 Zoning
49 [HISTORY: Adopted by the Board of Supervisors of the County of Rappahannock 12-1-1986.
50 Amendments noted where applicable.]
51 GENERAL REFERENCES

52 Building construction — See Ch. 71.

53 Erosion and sediment control — See Ch. 98.

54 Stormwater management — See Ch. 145.

55 Subdivision of land — See Ch. 147.

56

57 Article IV
58 District Regulations
59 § 170-36 Permitted uses, special uses and special permits.
60 The following uses are permitted as indicated in the following charts. All uses require a zoning permit. [See
61 § 170-38A(3).]

KEY

P - Permitted use

SP - Special permitted use (BZA)

SE - Special exception use (Board)

X - Site plan required as indicated

BLANK - Use 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

 KEY

6. Wholesale and industrial uses, nonagriculture

7. Agriculture, horticulture, forestry and associated uses

8. Miscellaneous uses

62 A. Residential uses. Residential uses shall be permitted as follows: [Amended 4-6-1987; 1-4-1989; 7-6-
63 1994;1-5-2000; 1-3-2007; 2-1-2021]

Zoning District

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

Dwelling, single- P P P P P SE SP SE SP SE SP SE SE SP
family SP

Dwelling, attached, SE SE SE SP P P SE SP SE SP SE SP
2-family (duplex) SP SP

Dwelling, attached, SE SE SE SP SE SE SP SE SP SE SP
greater than 2 SP
families

Dwelling, SE SE SE SE SP SE SP SE SP X
multifamily SP SP SP

Dwelling, mobile P* P* P
home

More than 1 dwelling SE SE SE SE SE SE SP SE SP SE SP

on a lot or parcel

Home occupation P P P P P P SE SP P

Small contracting SE SE SP SE SE SP SE SP P P P
business (same lot as SP SP
residence)

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

Residential lot P P P P P
development
 Zoning District

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

Residential lot SE SE SE SE SE
development (family
transfer) greater than
5 lots cumulative
since 1962

Accessory dwelling SE SE SE SP SE SE SP SE SP SE SE
unit SP SP SP

Repair shop (same SE SE SE SP SE SE SP SE SP SE SP

lot as residence) SP SP SP

Auto repair shop SE SE SE SE SE P P P P

(same lot as
residence)

NOTES:

*As provided in § 170-42.

64 B. Community, educational and institutional uses. Community, educational and institutional uses shall be
65 permitted as follows: [Amended 7-6-1994; 12-6-1999; 7-3-2000; 11-6-2000; 2-1-2021]

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, SE SP SE SP SE SP SE SP SE SP SE SP P

fraternal or patriotic)

Carnivals sponsored by P P P P P P P P
nonprofit
organizations, fairs or
shows (5-day limit per
year)

Carnivals sponsored by SE SP P X
nonprofit
organizations, fairs or
shows greater than 5
days per calendar year
 Zoning District

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

School, public or SE SP SE SP SE SP SE SP SE SP P P SE SP X
private, within a house
or building, with 25 or
fewer students

School, public or SE SE SE SE SE SE SE SE X
private, within a house
or building, with more
than 25 students

School, public or SE X
private, not conducted
within a building

Residential facility off- SE SP SE SP SE SP SE SP SE SP X

site, for use by students
or others associated
with an educational
institution

Monastery or similar SE SP SE SP SE SP SE SP SE SP SE SP X
religious residential
facility

Place of worship, SE SP SE SP SE SP SE SP SE SP P P P SE SE SP X
including church SP
cemetery

Medical care facility, SE SE SP SE SP SE SP SE SP P P

with 10 or fewer beds

Medical care facility, SE SE SP SE SP SE SP SE SP P X

with more than 10 beds

Residential care SE SE SP SE SP SE SP SE SP P P X
facility, minor

Residential care SE SE SE SE SE SE SE X
facility, major

66 C. Public and quasi-public uses. Public and quasi-public uses shall be permitted as follows: [Amended 8-
67 1-1988; 11-6-1989; 8-6-1995; 11-6-1995; 7-7-2021]
 Zoning District

Public and Quasi-Public Site

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

Conference center SE SE P X

Penal or correctional facility SE X

Post office SE SP SE SE SP P P X
SP

Museum SE SP P P P X

Arena/stadium SE SE X

Library SE SE SE SE SP P P SE X

Public safety facility (fire, SE SE SE SE SE SE SE X

rescue or police station or
detention facility)

Parks and recreation facility SE SE SE SE SE SE X

(governmental/civic), athletic

Parks and recreation facility SE SE SE SE SE SE X

(governmental/civic),
nonathletic

Fairground SE P SE SE X

Sanitary landfill SE SE SE X
(Rappahannock County
governmental only)

Solid waste transfer station SE SE SE SP SE SE SP SE SP SE SP P SE X

SP SP SP SP

Sewerage treatment or water SE SE SE SE SE SE SE SE SE X

purification facility (public or
private)

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

Electrical generating plant SE SE SE SE SE SE SE SE SE X

and facilities
 Zoning District

Public and Quasi-Public Site

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

Electrical generating plant P P P P P P P P P

and facilities, renewable
energy, small

Electrical generating plant SE SE SE SE SE SE SE SE SE X

and facilities, renewable
energy, utility

Utility transmission facility SE SE SE SE SE SE SE SE SE X

greater than 34.5 kilovolts not
for local distribution

Parking facility (public or SE SE SE SE SE SE SE SE SE X

private)

Animal shelter SE SE SE SE SE SE SE SE SE

68 D. Recreation and amusement uses. Recreation and amusement uses shall be permitted as follows:
69 [Amended 9-19-1988; 7-6-1994; 9-6-1995; 9-4-1996; 1-3-2007; 12-2-2013; 2-1-2021; 6-6-2022]

Zoning District

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

Country club/golf SE SE X
course, public or
private

Swimming/tennis SE P X
facility, public or
private club

Firing range facility SE SE X

(indoor)

Country inn, retreat or SE SP SE SP X

lodge

Conference center or SE SE
resort

Tent campground SE SE X

Travel-trailer park SE P SE SP X
 Zoning District

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

Equestrian facility P P P P P P
(non-spectator)

Equestrian facility SE SP SE SP SE SP SE SE SP SE SP SE SP
(spectator) SP

Drive-in theater SE P X

Golf driving range, go SE SP SE SP X

cart or similar outdoor
commercial recreation

Limited golf driving SE

range

Private club; indoor SE SP P X

Theater, indoor SE SP P X

Health club P X

Bowling alley P X

Pool/billiards or SE SP SE SP SE SP X
amusement arcade
facilities, indoor

Skating rink, ice or P X

roller

Dance hall SE SP SE SP X

Animal petting farm SE SP SE SP SE SP SE SP X

Retail fishing SE SP SE SP SE SP P P X

Firing range facility SE SE X

(outdoor)

Dance, music or SE SP SE SP SE SP SE SE SP SE SP SE SP SE SP SE SP SE SP X
performing arts studio SP

70 E. Commercial, retail and business uses. Commercial, retail and business uses shall be permitted as
71 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-
72 2007; 7-2-2007; 2-1-2021]
 Zoning District

Commercial, Retail Site

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

Retail sales P SE SP P X
establishment, 2,000
square feet gross or
less (no outside
storage)

Retail sales SE SP P P X
establishment, greater
than 2,000 square feet
gross and less than
5,000 square feet gross
(no outside storage)

Retail sales P P X
establishment, 5,000
square feet gross or
more (no outside
storage)

Kennel SE SE SE SP SE SP P X
SP SP

Animal SE P P X
hospital/veterinary SP
clinic

Financial institution P P X

Funeral home SE SP P X

Farm supply SE P P P X
establishment

Building material SE SP P X
sales, 1 acre or less
used

Building material P SE SP X
sales, more than 1 acre
used

Office, professional, SE SE SP SE SE SP P P X
including clinic, 3 SP SP
persons or fewer
 Zoning District

Commercial, Retail Site

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

employed

Office, professional, P P X
including clinic, more
than 3 persons
employed

Office, business, 2,000 P P P X

square feet or fewer
gross

Office, business, more SE SP P P X

than 2,000 square feet
gross

Eating establishment, P P X
fast-food

Eating establishment P P P X

Laundry/dry P P SE SP SE SP X
cleaners/laundromat

Furniture repair SE SP P P P X

Barbers/beauty shop SE SE SE SP SE SE SP P P P X
SP SP SP

Carpentry, plumbing, SE SE SP SE SP P P X
electrical, printing or SP
sheet metal shop

Auction establishment SE SE SE SE P P P X

Car wash SE SP P X

Auto service station P P P X

Auto repair garage SE SP P P X

Motor vehicle SE SP P X
impoundment yard
 Zoning District

Commercial, Retail Site

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

Junkyard/auto SE X
graveyard

Auto sales, repair SE SP P SE SP X

and/or service

Truck and heavy P P X

equipment sales, rental
and/or service

Mobile home sales, SE SP X

rental and/or service

Taxi service SE SE SP SE SP P X
SP

Bus terminal SE SE SP P P P P X
SP

Tourist home/bed and SE SE SE SP SE SE SP P P P P X

breakfast SP SP SP

Motel/hotel P SE P X
SP

Antique shop/gift shop SE SE SP P P P X

SP

Seasonal wayside SE SE P P P X
stand (off-site)

Motor freight terminal SE SP X

Contractor's SE SE SE SE SE P P P X
office/shop/yard

Flea market SE SP P P X

Taxidermy SE SE SE SE SE X

Spa SE SP SE SP SE SE SP
SP
73 F. Nonagricultural wholesale and industrial uses. Nonagricultural wholesale and industrial uses shall be
74 permitted as follows: [Amended 9-2-1987; 1-8-2003; 4-7-2003; 2-1-2021]

Zoning District

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

Warehousing, SE SE P X
including moving and
storage establishment

Wholesale trade SE SP P X
establishment, 5,000
square feet gross or
less

Wholesale trade P X
establishment more
than 5,000 square feet
gross

Wholesale trade SE SP P X
establishment with
retail sales, 5,000
square feet gross floor
area or less

Wholesale trade SE X
establishment with SP
retail sales, more than
5,000 square feet gross
floor area

Petroleum products SE SE X
bulk storage and SP
distribution

Industrial uses other P X

than heavy industrial
uses

Heavy industrial uses SE X

 Zoning District

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

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

Distilleries:

5,000 gallons per SE SE SE SE SE X

year or less

More than 5,000 SE SE SE SE X

gallons per year

Breweries SE SE SE SE X

75 G. Agriculture, horticulture, forestry and associated uses. Agriculture, horticulture, forestry, nursery and
76 associated uses shall be permitted as follows: [Amended 9-7-1994; 1-8-2003; 8-6-2007; 2-1-2021]

Zoning District

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

Crop/livestock P P P P P P
farming

Dairy farming SE P P P
SP

Commercial feed lot, SE P P

greater than 100 heads SP

Swine farm, greater SE P P

than 20 sows SP

Poultry farm (1,000 SE P P

birds or more) SP
 Zoning District

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

Nursery (greenhouse P P SE SP P P P
mostly wholesale)

Nursery (no SE P P SE SE SP P P SE
permanent sales or SP SP SP
display facility)

Forestry P P P P P P P P

Distillation of SE SE SE SP SE X
industrial alcohol SP SP SP
(ethanol) for farm use

Processing, storage P P P SE SE SP
and sale of SP
agricultural products
grown on premises

Processing, storage SE SE SE SE SE SE SE SE SE X
and sale of
agricultural products
grown off site (other
than meat processing)

Meat SE SE SE X
processing/slaughterh
ouse

Livestock exchange SE SE SP SE X

Lime, fertilizer and SE SE SP SE SE SP SE SP P P

agricultural chemical SP SP
storage and
distribution

Farm equipment, SE SE SP SE SE SP SE SP P P X
sales, service and SP SP
rental

Sawmill, custom SE SE P
SP SP
 Zoning District

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

Sawmill, commercial SE SE P X

Farm winery, P P P SE SE SP See

Category 1 SP definition
; required
in R-2
and RV

Farm winery, P P P SE SE SP See

Category 2 SP definition
; required
in R-2
and RV

Winery SE SE SE P P P X

Farm winery retail SE SP SE SP SE SP SE X

establishment SP

Home winery/brewery P P P P P P P P P

Adult farm labor camp SE SE X

Aquaculture SE SE
SP SP

Biosolids storage SE
facilities1

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.

77 H. Miscellaneous uses. Miscellaneous uses shall be permitted as follows: [Amended 1-4-1989; 11-6-1989;
78 1-3-2007; 4-2-2018]
 Zoning District

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

Family graveyard P P P P P P

Cemetery (non-church- SE
related) SP

Adaptive uses of existing SE SE SE SE SE SE SE SE SE

structures

Resubdivision SE SE SE SE SE SE SE SE SE
SP

Airport or landing strip SE

SP

Carnival, field party, fair, SE SE P P X

show or music festival, for
profit, 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

79
80 § 170-62 Category 1: Residential Uses.
81 Category 1, Residential Uses, shall be regulated as follows:

82 A. (Reserved)

83 B. (Reserved)

84 C. Standards for all residential uses in CV and CG Districts. In addition to the standards set forth in
85 Subsection B above, all residential uses shall satisfy the following standards:

86 (1) While the CV and CG Zoning Districts are intended to accommodate a mixture of commercial and
87 residential uses and to recognize the mixed-use character of many village centers in the County,
88 residential uses allowed by special exception special permit in such districts shall be of such scale so as
89 to avoid conflict with existing and potential commercial uses in the district where located.

90 (2) In addition to parking requirements contained in § 170-79, adequate provision shall be made for guest
91 and recreational vehicle parking.

92 § 170-66 Category 5: Commercial, Retail and Business Uses.

93 Category 5, Commercial, Retail and Business Uses, shall be regulated as follows:

94 K. Additional standards for tourist homes and bed-and-breakfasts. [Amended 8-4-1997; 2-1-2021]
 95 (1) Such a use may provide accommodations for not more than 10 transient occupants in not more than five
96 rooms classified as "lodging units" under Virginia Administrative Code 12VAC5-431-10.

97 (2) Off-street parking for the use shall be in accordance with the provisions of Article IX, shall not be
98 located in any required front yard and shall be effectively screened.

99 (3) In residential and resource preservation zoning districts, any building(s) to be constructed shall not be
100 more than two stories and have the exterior appearance of a single-family residence and normal
101 residential accessory structures.

102 (4) In A and C Zones, the minimum acreage requirement for tourist homes and bed-and-breakfasts shall be
103 10 acres and 20 acres, provided, however, that the BZA can waive the minimum acreage requirement
104 only if the property has frontage on a paved public road that is part of the state primary or secondary
105 system.

106 (5) Bed-and-breakfasts and tourist homes shall be authorized to serve meals only in numbers equivalent to
107 the approved number of overnight accommodations.

108 (6) Private roads or public roads other than primary or state secondary roads serving tourist homes and bed-
109 and-breakfasts shall meet the standards for Type II roads set forth in §§ 170-86 and 170-87 and as
110 shown in Appendix A to the Rappahannock County Subdivision Ordinance (Chapter 147, § 147-54).

111 (7) Issuance by the Zoning Administrator of a special exception special use permit shall be conditioned
112 upon the applicant obtaining any license as may be required by 12VAC5-431-180 and furnishing
113 evidence that the proposed use meets all applicable state and local health requirements.

114 (8) Issuance of a special exception special use permit shall be conditioned upon the applicant obtaining a
115 VDOT entrance permit as required by Road Design Manual, Appendix F, 24VAC30-73-40 and
116 24VAC30-73-60 and other applicable state law or regulation or otherwise complying with VDOT
117 requirements.

118 (9) The BZA or Board may impose additional appropriate conditions to ensure that the permitted use shall
119 not generate noise, vibration, glare, odors, or other effects that unreasonably interfere with any adjoining
120 landowner's enjoyment of his property or residence, including but not limited to:

121 (a) The maximum number of adults permitted at any one time shall not exceed twice the number of lodging
122 units;

123 (b) Lodgers shall be notified of any applicable local noise ordinances and that violation of any such
124 ordinance may result in fines and penalties;

125 (c) The operator shall post or provide within the residential dwelling unit a clearly visible list of emergency
126 information and the location of fire extinguishers or pull fire alarms in the residential dwelling unit
127 offered for limited residential lodging purposes and the common areas of the building;

128 (d) The operator shall ensure that each unit is equipped with functioning smoke and fire detection systems
129 and carbon monoxide alarms as required by applicable law and codes for the residential dwelling unit;
130 and

131 (e) The operator shall provide evidence that he has no less than $500,000 of liability insurance covering the
132 limited residential lodging use or that each limited residential lodging use is conducted through a
133 hosting platform that provides equal or greater coverage for such use.

134 O. Additional standards for spas. [Added 2-1-2021]

135 (1) Such use shall not be approved unless the applicant has a valid license under Title 18, Chapter 70, of the
136 Virginia Administrative Code, as the same may be hereafter amended, if one is required, or a variance
137 under 12VAC5-462-170 if applicable.

138 (2) Off-street parking for the use shall be in accordance with the provisions of Article IX, shall not be
139 located in any required yard and shall be effectively screened.

140 (3) Must be located on a state-maintained secondary or primary road.

141 (4) Issuance of a special exception special use permit shall be conditioned upon the applicant obtaining a
142 VDOT entrance permit as required by Road Design Manual, Appendix F, 24VAC30-73-40 and
143 24VAC30-73-60 and other applicable state law or regulation or otherwise complying with VDOT
144 requirements.

145 (5) The BZA may impose additional appropriate conditions to ensure that the permitted use shall not
146 generate noise or other effects that unreasonably interfere with any adjoining landowner's enjoyment of
147 his property or residence, including but not limited to hours of operation.

148 § 170-67 Category 6: Wholesaling and Industrial Uses; Nonagriculture.

149 In addition to the general standards set forth in § 170-52, the following standards shall apply to Category 6,
150 Wholesaling and Industrial Uses; Nonagriculture:

151 E. Additional standards for breweries and distilleries. [Added 1-8-2003]

152 (1) "Bus tours" are the prearranged uses of buses busses to transport people to and from any brewery, or
153 distillery for the purpose of viewing the facilities, becoming educated in the processes and production
154 methods used, or purchasing, tasting or sampling the alcoholic product. The uses of brewery and
155 distillery shall include the right to have one bus tour per month, each bus tour to consist of no more than
156 two buses busses. For all bus tours in excess of these allowed by right, a special exception special
157 permit shall be obtained. The special exception special permit, in addition to any conditions permitted
158 elsewhere in this Code, may regulate bus tours by size, frequency, time of year, duration, route of travel,
159 number of passengers and parking. The special exception special permit may permit multiple bus tours
160 with varying conditions on one permit.

161 § 170-68 Category 7: Agriculture, Horticulture and Associated Uses.

162 In addition to the general standards set forth in § 170-52, the following standards shall apply to Category 7,
163 Agriculture, Horticulture and Associated Uses:

164 C. Additional standards for wineries and farm wineries. [Added 1-8-2003]

165 (1) "Bus tours" are the prearranged uses of buses busses to transport people to and from any winery or farm
166 winery, for the purpose of viewing the facilities, becoming educated in the processes and production
167 methods used, or purchasing, tasting or sampling the alcoholic product. The uses of winery and farm
168 winery, shall include the right to have one bus tour per month, each bus tour to consist of no more than
169 two buses busses. For all bus tours in excess of these allowed by right, a special exception special
170 permit shall be obtained. The special exception special permit, in addition to any conditions permitted
171 elsewhere in this Code, may regulate bus tours by size, frequency, time of year, duration, route of travel,
172 number of passengers and parking. The special exception special permit may permit multiple bus tours
173 with varying conditions on one permit.

174 § 170-69 Category 8: Miscellaneous Uses.

175 In addition to the general standards set forth in § 170-52, the following standards shall apply to Category 8,
176 Miscellaneous Uses:
177 B. Additional standards for adaptive uses of nonresidential structures that existed on December 1, 1986, the
178 effective date of the Zoning Ordinance. [Amended 11-6-1989; 2-1-2021]

179 (1) The adaptive use of an existing structure is allowed by special exception issued by the Board of
180 Supervisors (Board) in any zoning district and for any use authorized by this chapter, provided the new
181 use meets the standards of this Article VI. If a structure is determined to qualify for an adaptive use, the
182 permit authorizing such use shall be referred to as an "existing structure use permit" (permit). Adaptive
183 use shall not apply to existing residential structures.

184 (2) The purposes for adaptive uses are:

185 (a) To encourage the reuse of existing structures, thereby preventing their abandonment and becoming
186 nuisances;

187 (b) To increase the value of the property on which the structure is located, as well as that of
188 surrounding properties, and therefore the tax base;

189 (c) To minimize the need for rezonings that could result in broader by-right uses than those allowed by
190 special exception;

191 (d) To tailor uses through the use of restrictions and conditions to suit their surroundings;

192 (e) To avoid redundant construction when an existing structure can serve the same purpose;

193 (f) To preserve buildings of architectural or historical significance;

194 (g) To allow property owners to undertake the preservation or rehabilitation of existing structures at
195 their own cost;

196 (h) To allow a use that will result in the repair and safe use of a structure that would otherwise be in
197 danger of collapse, of creating a fire or other environmental hazard or of endangering the public
198 health and safety in some other manner.

199 (3) As preconditions to being considered for a permit, both of the following requirements must be met:

200 (a) The present permitted uses of the structure, whether those uses are by-right, nonconforming, or by
201 special exception special permit, are impractical due to the structure's size, construction, location or
202 other factors, including economic conditions; and

203 (b) The structure and its use was legally permitted at the time of its construction; however, this
204 requirements may be waived if:

205 [1] The applicant for the permit was not the property owner when the illegal structure was
206 constructed; and

207 [2] Unless an adaptive use is made of the structure, there is a substantial likelihood that it will
208 become a public nuisance.

209 (4) If the preconditions are satisfied, in deciding whether to grant a permit, the Board shall consider the
210 standards in § 170-52 and the intensity of the proposed use as discussed in the following Subsection
211 B(5). The Board may impose conditions and restrictions in accordance with §§ 170-53 and 170-54.

212 (5) The following factors shall be considered in evaluating both the intensity of the proposed new use
213 relative to the former use, as well as the extent to which the impact of the new use may be ameliorated
214 by the imposition of conditions to the permit:
215 (a) Vehicle trips.

216 (b) Noise.

217 (c) Odor.

218 (d) Hours of operation.

219 (e) Dust, smoke or other airborne particles.

220 (f) Discharge of pollutants.

221 (g) Outdoor lighting.

222 (h) Parking.

223 (i) Visual appearance, such as signs or outside storage.

224 (j) Pedestrian traffic.

225 (6) The new use shall be confined to the existing structure, but the permit may allow the land immediately
226 adjacent to, and on the same lot as, the structure to be used for accessory uses necessary to support, and
227 normally associated with, the new permitted use, such as parking. The Board shall consider all such
228 accessory uses in determining whether the new use is more intensive than the previous use.

229 (7) The external appearance of the structure shall not be altered except as allowed by the permit. Any new,
230 or replacements for, outside lighting fixtures shall be shielded, designed and placed so that the external
231 light beam is directed down and onto the subject property.

232 (8) If any use authorized by the permit is either i) discontinued for a period of one year; or ii) not
233 established within one year of the issuance of the permit, the permit shall be subject to revocation by the
234 Board of Supervisors in accordance with § 170-61 of this Code, provided the Board may waive or
235 extend such time periods if it determines the permit holder was not at fault. The Board may do this even
236 if, by its terms, the permit has lapsed

237 (9) The issuance, revocation or lapse of a permit shall not affect any by-right uses of the structure, which
238 shall continue in effect. However, any nonconforming uses that existed prior to the issuance of the
239 permit, or any rights attached to nonconforming structures, shall be extinguished upon issuance of the
240 permit, except to the extent as may be provided otherwise in the permit. All new uses allowed by the
241 permit shall be deemed to be conforming.

242 (10) The provisions of this § 170-69B shall control over any conflicting provisions of this chapter.

243 Article XI
244 Private Streets
245 § 170-87 Limitations.
246 The following limitations shall apply unless modified by the Board in conjunction with a request for a special
247 exception permit, site plan approval, subdivision plan approval or family transfer; provided that the applicant
248 can show that no other remedy is realistically feasible, that plausible alternatives have been exhausted, that
249 not modifying the applicable limitation(s) would place an unreasonable restriction on the use of the property
250 and that properties through which access is planned shall not be unreasonably affected.

251 Article XII

252 Signs
253 § 170-107.1 Lighting of signs.
254 [Added 9-8-2004]

255 A. Commercial and Industrial Zoning Districts:

256 (1) Existing signs. Any lawful method of illumination of a sign in the Commercial and Industrial Zoning
257 Districts which method existed before the effective date of this subsection may continue, provided that,
258 if said method of illumination is discontinued for a period of two years, then any illumination of the sign
259 occurring thereafter shall be in accordance with the next subsection.

260 (2) The illumination of all signs in the Commercial and Industrial Zoning Districts which begins after the
261 effective date of this section shall be governed by § 170-119.

262 B. Residential and Resource Preservation Zoning Districts:

263 (1) Existing signs. Any lawful method of illumination of a sign in the Residential and Resource
264 Preservation Zoning Districts which method existed before the effective date of this section may
265 continue, provided that, if said method of illumination is discontinued for a period of two years, then
266 any illumination of the sign occurring thereafter shall be in accordance with the next subsection.

267 (2) New signs. If the illumination of a sign begins after the effective date of this section, the method of
268 illumination shall be by directionally shielded light fixtures targeted on the sign, or a light fixture which
269 when used with architectural or structural elements is, in the opinion of the Zoning Administrator, the
270 functional equivalent of a directionally shielded light fixture. No other type of sign illumination shall be
271 allowed except by special exception either by special use permit, or, if the use itself requires a special
272 exception, then the lighting may be approved as part of the special exception.

273 Article XIII

274 Performance Standards
275 § 170-119 Outdoor lighting.
276 [Amended 9-8-2004]

277 B. Applicability.

278 (1) This section only applies to outdoor light fixtures if they are installed in conjunction with:

279 (a) A use permitted by right in either a Commercial Zoning District, General Commercial Overlay
280 District or Industrial Zoning District, and for which a site plan is required by § 170-36; or

281 (b) A permanent parking area in any zoning district which provides more than fifty vehicle spaces.

282 (2) No provision of this section shall apply to any:

283 (a) Single-family dwelling, or any structure, landscaping or use permitted by right on the same lot with
284 the single-family dwelling;

285 (b) Place of religious worship (except parking areas as specified above);

286 (c) Property owned by the County of Rappahannock or the Rappahannock County School Board;

287 (d) Outdoor light fixtures activated by a sensing device which remains on for no more that 15 minutes
288 per cycle;
289 (e) Interior lighting, including light emanating from inside any machine or device to enable its use,
290 such as ATM machines, vending machines, telephone pedestals/booths and gasoline pumps;

291 (f) Circus, fair, carnival, or civic uses of a duration of less than 11 days per year;

292 (g) Agricultural, horticultural or forestry uses specified by § 170-36G which are allowed by right;

293 (h) Outdoor light fixtures not exceeding 60 watts per light fixture used for decorative purposes on a
294 structure or to illuminate walkways, doorways or landscaping;

295 (i) Agency of the State or Federal Government or lighting required by state or federal law;

296 (j) Lighting used to facilitate construction activities for which a valid building permit has been issued
297 and is in effect;

298 (k) Lights on vehicles, including police, rescue and fire vehicles;

299 (l) Lighting required by any building code;

300 (m) Hand-held lights or lighting devices worn or carried for personal safety;

301 (n) Decorative seasonal lighting used for less than 30 days per year.

302 (3) Nothing herein shall prevent the Board of Supervisors or Board of Zoning Appeals from imposing all or
303 some of the requirements of this section as conditions or restrictions upon the granting of a special
304 exception or a special use permit if necessary to ensure insure the permitted use will be compatible with
305 existing or planned development in the general area, as provided by § 170-47.

306

307
308 The foregoing Ordinance was adopted by the Board of Supervisors of Rappahannock County, Virginia, on
309 May 1, 2023 at its regular monthly public meeting held at the Rappahannock County Courthouse, 250 Gay
310 Street, Washington, Virginia, after having advertised that it proposed to do so in accordance with § 15.2-2204
311 of the Code of Virginia, and after holding a public hearing. The roll-call vote of the Board of Supervisors on a
312 motion to adopt the Ordinance was as follows:
313 ABSENT/
314 MOTION SECOND ABSTAIN AYE NAY
Debbie P. Donehey
Keir A. Whitson
Van C. Carney
Ronald L. Frazier
Christine Smith
315
316 I certify the foregoing accurately reflects the actions of the Rappahannock County Board of Supervisors taken
317 at the time and place stated above.
318
319
320 ________________________________ ________________________________
321 Debbie P. Donehey Garrey W. Curry, Jr.
322 Chair, Board of Supervisors Clerk for the Board of Supervisors