Rappahannock County Zoning Ordinance Update

Draft Article I – General

ARTICLE I - General
Division 1. Enactment and Authority.
Section I-1-1. Title.
This Ordinance, the full title of which is “The Zoning Ordinance of Rappahannock County, Virginia,” shall
be permitted, for convenience, to be referred to as the “Zoning Ordinance” or “Ordinance.”

Section I-1-2. Authority.1

Pursuant to the Code of Virginia, § 15.2-2280 et seq., as amended, Rappahannock County, Virginia, is
given the authority to classify and regulate land development under its jurisdiction.

Section I-1-3. Purpose.

The Zoning Ordinance of Rappahannock County, Virginia, is intended to promote the health, safety,
and general welfare of the public; to implement the adopted Rappahannock County Comprehensive
Plan; and to accomplish the objectives of the Code of Virginia § 15.2-2200 and § 15.2-2283, as
amended.

Section I-1-4. Applicability.

(A) Pursuant to the Code of Virginia, § 15.2-2281, as amended, the provisions of this Ordinance shall
apply to all property within the entire unincorporated territory of Rappahannock County, Virginia,
including all land, structures, water areas, and waterways or watercourses, with the exception
that any property held in fee simple ownership and used by the United States of America, the
Commonwealth of Virginia, or the government of Rappahannock County shall not be subject to
the provisions of this Ordinance. Upon transfer of ownership or control of any portion of
government lands to private ownership, the regulations of the district where the land is located
shall automatically apply.
(B) Zoning regulations and districts as provided in this Ordinance have been drawn and applied with
reasonable consideration pursuant to the Code of Virginia § 15.2-2284, as amended.

Section I-1-5. Conformity Required.

Except as otherwise provided in this Ordinance or as modified through a zoning approval, all land,
buildings, structures, and/or premises within the County shall only be used, occupied, erected,
constructed, removed, enlarged, and/or altered in conformance with this Ordinance’s regulations.

Section I-1-6. Severability.2

Should the courts decide that any Section or provision of this Ordinance is unconstitutional or invalid,
such decision shall not affect the validity of the Ordinance as a whole, or any part thereof, other than
the part held to be unconstitutional or invalid.

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Editor’s Note: This Section is proposed with all new text.
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Editor’s Note: This section is proposed as all new text.

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Division 2. Ordinance Conflicts and Interpretation.
Section I-2-1. Interpretation.
(A) The Zoning Administrator, or their designee, shall administer and interpret this Ordinance based
upon the following criteria:
(1) Provisions shall be for the promotion of the public safety, health, convenience, comfort,
prosperity, or general welfare;
(2) Unless otherwise specified, the standards of this Ordinance are the minimum required;
(3) Conflicts with Other Provisions. Whenever any provision of this Ordinance imposes a higher
standard than 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 higher standard than is
required by this Ordinance, the provision of such state or federal statute or other County
ordinance or regulation shall govern. Where there is a conflict with the provisions of
Chapter 147 of the Rappahannock County Code, Subdivision of Land, the provision of this
Ordinance shall govern.
(4) It is not the intent of this Ordinance to interfere with, repeal, or annul any easements,
covenants, or other agreements between parties; however, pursuant to the Code of Virginia
§ 15.2-2315, as amended, where this Ordinance conflicts with any other lawfully adopted
statute, regulation, or ordinance, the most restrictive, or the higher standard, shall control to
the extent necessary to resolve the conflict;
(5) A building, structure, or use which was not legally existing on __________ (effective date of
the revised ordinance) shall not be made lawful solely by adoption of this Ordinance.
(6) In case of any dispute over the meaning of a word, phrase, or sentence, whether defined
herein or not, the Zoning Administrator is hereby authorized to make a definitive
determination thereof; and
(7) Any condition imposed or proffer accepted as part of a zoning proposal in accordance with
Code of Virginia § 15.2-2261.1, as amended, prior to ________ (effective date of revised
Ordinance) shall be continued in effect and shall be construed to be a “local regulation.” If a
conflict between conditions imposed through those land use decisions and the regulations of
this Ordinance exist, the conditions shall apply. If there is no condition that addresses a specific
use or development standard of this Ordinance, the requirements of this Ordinance shall
govern.
(B) An appeal against any decision made by the Zoning Administrator may be taken to the Board of
Zoning Appeals as provided for in Article III, Permits and Applications of this Ordinance. The
Zoning Interpretation shall include the applicable appeal fee and a reference to where additional
information may be obtained regarding the filing of an appeal.

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Section I-2-2. Figures and References.3
(A) Where figures are contained in this Ordinance, they are provided for demonstrative purposes
only and are not a substantive part of this Ordinance.
(B) If any section of this Ordinance incorporates by reference any state statute or regulation, then
the Ordinance incorporates future amendments of the state statute or regulation.

Division 3. Zoning Districts Map

Section I-3-1. Establishment, Maintenance, and Amendment.
(A) The unincorporated territory of Rappahannock County shall be divided into zoning districts as
shown on the “Official Zoning Map, Rappahannock County, Virginia” hereby referred to as
“Zoning Map.”
(B) Pursuant to Code of Virginia § 15.2-2234, as amended, a certified copy of the Zoning Map shall
be filed in the office of the Clerk of Circuit Court of Rappahannock County, Virginia.
(C) Pursuant to the Code of Virginia §15.2-2300, as amended, the Zoning Administrator shall keep
and maintain the conditional zoning index as part of the Zoning Map.
(D) The Zoning Map shall be held in the office of the Zoning Administrator and such original shall be
updated from time to time as the result of the following Board of Supervisors action:
(1) Amendments to the Ordinance;
(2) Approval of a Rezoning (see Article III, Permits and Applications); or
(3) Approval of Conditional Zoning (see Article III, Permits and Applications).

Section I-3-2. Incorporated by Reference.4

The Zoning Map, as amended, together with all explanatory matter shown, is adopted by reference
and declared to be a part of this Ordinance.

Section I-3-3. Interpretation of Zoning District Boundaries.

(A) The Zoning Map shall be interpreted with the following rules when uncertainty exists with respect
to the boundaries of any of the districts:
(1) Where district boundaries are fixed by dimensions or otherwise shown or described, there
shall be no uncertainty.
(2) 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 Article IV, Zoning Districts.

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Editor’s Note: This section is proposed as all new text.
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Editor’s Note: This section is proposed as all new text.

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(i) Where a district boundary line as appearing on the official Zoning Map divides a lot, which
is in single ownership at the time of this enactment, the use classification of the larger
portion may, on rezoning application, be extended to the remainder by the Board of
Supervisors.
(3) Where district boundaries are indicated as approximately following or at right angles to the
centerlines of streets, highways, alleys or railroad tracks, or the County boundary, such
centerline, or lines at right angles to such centerlines, shall be construed to be such
boundaries.
(4) Where district 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 away, such lot or parcel
lines shall be deemed to be the district boundaries.5
(5) Where district boundaries are indicated to follow a river, stream, creek, or branch or other
body of water, said boundary shall be construed to follow the centerline at low water or at
the limit of the jurisdiction, and in the event of change in shoreline, such boundary shall be
construed as moving with the actual shoreline.
(6) 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 Article IV, Division 1,
Establishment and Purpose.
(7) Where further interpretation is required beyond that presented above, the Zoning
Administrator shall have the authority to interpret the district boundaries.
(8) The Zoning Administrator’s interpretations may be appealed to the Board of Zoning Appeals
(BZA) in accordance with the provisions found in Article III, Permits and Applications, of this
Ordinance. The BZA will not have the power to substantially change the locations of the district
boundaries.

Section I-3-4. Unauthorized Changes.6

(A) No changes of any nature shall be made to the Zoning Map or any matter shown thereon except
in conformity with the procedures and requirements of this Ordinance.
(B) It shall be unlawful for any person to make unauthorized changes to the official Zoning Map.

Division 4. Transition of Regulations After Adoption.

Section I-4-1. Effective Date.7
This Ordinance was adopted on ______ (date of adoption of revised ordinance). This Ordinance shall
become effective on ______ (effective date of revised ordinance) and repeals and replaces any prior
Zoning Ordinance adopted in Rappahannock County. Its provisions shall be in force until repealed or
amended.

5
Editor’s Note: This provision could potentially be removed entirely, or revised depending on the direction the County.
6
Editor’s Note: Section proposed as all new text.
7
Editor’s Note: This section is proposed as all new text.

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Section I-4-2. Violations Continue.8
Any development or activity in violation of the previous Zoning Ordinance will continue to be in
violation under this Ordinance unless the development or activity complies with the express terms of
this Ordinance.

Section I-4-3. Nonconformities.

If any use, structure, lot, sign, or site feature legally existed immediately prior to _______ (Effective
date of revised ordinance) but does not fully comply with the standards of this Ordinance or any
amendment thereto, the use, structure, lot, sign, or site feature is considered nonconforming under
this Ordinance and must comply with the requirements in Article IX, Nonconformities.

Section I-4-4. Complete Applications.

(A) This Section pertains to applications for the following:
(1) Zoning Text and Map Amendments (rezoning);
(2) Proffers for Zoning Map Amendments (Conditional Zoning);
(3) Special Exceptions;
(4) Variances; and
(5) Subdivision Plats.
(B) A complete application or plat submitted as required by Chapter 147, Subdivision of Land, of the
Rappahannock County Code prior to the effective date of this Ordinance shall be reviewed under
the zoning ordinance in effect on the date the plan was submitted. The applicant may choose to
have the proposed development reviewed and decided under the standards of this Ordinance by
withdrawing the pending submittal and submitting a new application and/or plat in accordance
with the procedures and standards of this Ordinance, except:
(1) Nothing in this Ordinance shall be interpreted 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.
(C) Applications and/or plats accepted as complete prior to ____ (effective date of revised
ordinance), will be processed in accordance with any time frames for review, approval, and
completion established in the regulations in effect at the time the submittal was accepted as
complete.
(D) To the extent that a complete application and/or plat is approved and proposes development
that does not comply with this ordinance, the subsequent development, although permitted, will
be nonconforming and subject to the requirements of Article IX, Nonconformities.

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Editor’s Note: This section is proposed as all new text.

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Section I-4-5. Other Approved Permits and Development Approvals.9
(A) This Section pertains to applications for the following:
(1) Site Development Plans;
(2) Zoning Permits; and
(3) All other permit and development approvals not provided for in Article I-4-4, Complete
Applications, above.
(B) Any other permits or development approvals granted prior to _____ (effective date of revised
ordinance), will remain valid until their expiration date.
(C) Developments with valid permits or development approvals granted prior to _____ (effective
date of revised ordinance), may be carried out in accordance with the terms and conditions of
their approval and the development standards in effect at the time of approval, provided the
permit or development approval is valid and has not expired.
(1) If the prior approval expires or is revoked, any subsequent development or use of the site will
be subject to the procedures and standards of this Ordinance.
(D) To the extent a prior-approved permit or development approval that does not comply with this
Ordinance, the subsequent development or use, although permitted, will be nonconforming and
subject to the requirements of Article IX, Nonconformities, of this Ordinance.

Section I-4-6. Vested Right.10

(A) The provisions of this Ordinance shall not impair a vested right of a property owner. The Zoning
Administrator shall be authorized to make determinations on whether a property owner’s right
is deemed vested in a land use. Vested rights determinations shall be made in accordance with
the Code of Virginia § 15.2-2307, as amended.
(B) Nothing contained herein shall require any change in the plans or construction of any building or
structure for which a building permit was granted prior to ________ (effective date of revised
ordinance).

9
Editor’s Note: This section is proposed as new text.
10
Editor’s Note: This section is proposed as new text.

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