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Rappahannock County, VA
 
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Code
New Laws (3) Index
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:
District
Abbreviation
Residential Rural District
RR-5
Residential District
R-2
Residential Village District
RV
Mobile Home Park District
MHP
C. 
Commercial Zoning Districts:
District
Abbreviation
Commercial Village District
CV
Commercial General District
CG
Commercial Highway District
HC
D. 
Industrial Zoning District:
District
Abbreviation
Industrial District
I
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.
[Amended 4-6-1987; 7-6-1987; 9-2-1987; 8-1-1988; 11-7-1988; 9-19-1988; 1-4-1989; 11-6-1989; 7-6-1994;[1] 9-7-1994; 8-6-1995; 9-6-1995; 11-6-1995; 9-4-1996; 8-4-1997; 12-6-1999; 1-5-2000; 7-3-2000; 11-6-2000; 1-8-2003; 4-7-2003; 1-3-2007; 7-2-2007; 8-6-2007; 12-2-2013; 4-2-2018; 2-1-2021; 7-7-2021; 6-6-2022; 5-1-2023]
The following uses are permitted as indicated in the following charts. All uses require a zoning permit. [See § 170-38A(3).]
KEY
P
SP
SE
X
BLANK
-
-
-
-
-
Permitted use
Special permitted use (BZA)
Special exception use (Board)
Site plan required as indicated
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
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:
Zoning District
Residential Uses
C
A
RR-5
R-2
RV
CV
CG
HC
I
MHP
Site Plan
Dwelling, single-family
P
P
P
P
P
SE
SE
SE
SE
SE
Dwelling, attached, 2-family (duplex)
SE
SE
SE
P
P
SE
SE
SE
Dwelling, attached, greater than 2 families
SE
SE
SE
SE
SE
SE
SE
Dwelling, multifamily
SE
SE
SE
SE
SE
SE
X
Dwelling, mobile home
P*
P*
P
More than 1 dwelling on a lot or parcel
SE
SE
SE
SE
SE
SE
SE
SE
Home occupation
P
P
P
P
P
P
SE
P
Small contracting business (same lot as residence)
SE
SE
SE
SE
SE
P
P
P
Cottage industry (same lot as dwelling of owner/proprietor)
SE
SE
SE
SE
SE
P
SE
Residential lot development[2]
P
P
P
P
P
Residential lot development (family transfer) greater than 5 lots cumulative since 1962[3]
SE
SE
SE
SE
SE
Accessory dwelling unit
SE
SE
SE
SE
SE
SE
SE
SE
Repair shop (same lot as residence)
SE
SE
SE
SE
SE
SE
SE
Auto repair shop (same lot as residence)
SE
SE
SE
SE
SE
P
P
P
P
NOTES:
*As provided in § 170-42.
[2]
Editor's Note: For provisions governing subdivision generally, see Ch. 147, Subdivision of Land.
[3]
Editor's Note: For provisions governing subdivision generally, see Ch. 147, Subdivision of Land.
B. 
Community, educational and institutional uses. Community, educational and institutional uses shall be permitted as follows:
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)
SE
SE
SE
SE
SE
SE
P
Carnivals sponsored by nonprofit organizations, fairs or shows (5-day limit per year)
P
P
P
P
P
P
P
P
Carnivals sponsored by nonprofit organizations, fairs or shows greater than 5 days per calendar year
SE
P
X
School, public or private, within a house or building, with 25 or fewer students
SE
SE
SE
SE
SE
P
P
SE
X
School, public or private, within a house or building, with more 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
SE
SE
SE
SE
SE
X
Monastery or similar religious residential facility
SE
SE
SE
SE
SE
SE
X
Place of worship, including church cemetery
SE
SE
SE
SE
SE
P
P
P
SE
SE
X
Medical care facility, with 10 or fewer beds
SE
SE
SE
SE
SE
P
P
Medical care facility, with more than 10 beds
SE
SE
SE
SE
SE
P
X
Residential care facility, minor
SE
SE
SE
SE
SE
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:
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
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 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
SE
SE
SE
SE
SE
SE
SE
P
SE
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
SE
SE
SE
SE
SE
SE
SE
SE
SE
X
Electrical generating plant and facilities
SE
SE
SE
SE
SE
SE
SE
SE
SE
X
Electrical generating plant and facilities, renewable energy, small
P
P
P
P
P
P
P
P
P
Electrical generating plant and facilities, renewable energy, utility
SE
SE
SE
SE
SE
SE
SE
SE
SE
X
Utility transmission facility greater than 34.5 kilovolts not for local distribution
SE
SE
SE
SE
SE
SE
SE
SE
SE
X
Parking facility (public or private)
SE
SE
SE
SE
SE
SE
SE
SE
SE
X
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:
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
SE
X
Swimming/tennis facility, public or private club
SE
P
X
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-spectator)
P
P
P
P
P
P
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 recreation
SE
SE
X
Limited golf driving range
SE
Private club; indoor
SE
P
X
Theater, indoor
SE
P
X
Health club
P
X
Bowling alley
P
X
Pool/billiards or amusement arcade facilities, indoor
SE
SE
SE
X
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 arts studio
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
X
E. 
Commercial, retail and business uses. Commercial, retail and business uses shall be permitted as follows:
Zoning District
Commercial, Retail and Business Uses
C
A
RR-5
R-2
RV
CV
CG
I
HC
MHP
Site Plan
Retail sales establishment, 2,000 square feet gross or less (no outside storage)
P
SE
P
X
Retail sales establishment, greater than 2,000 square feet gross and less than 5,000 square feet gross (no outside storage)
SE
P
P
X
Retail sales establishment, 5,000 square feet gross or more (no outside storage)
P
P
X
Kennel
SE
SE
SE
SE
P
X
Animal hospital/veterinary clinic
SE
P
P
X
Financial institution
P
P
X
Funeral home
SE
P
X
Farm supply establishment
SE
P
P
P
X
Building material sales, 1 acre or less used
SE
P
X
Building material sales, more than 1 acre used
P
SE
X
Office, professional, including clinic, 3 persons or fewer employed
SE
SE
SE
SE
P
P
X
Office, professional, including clinic, more than 3 persons employed
P
P
X
Office, business, 2,000 square feet or fewer gross
P
P
P
X
Office, business, more than 2,000 square feet gross
SE
P
P
X
Eating establishment, fast-food
P
P
X
Eating establishment
P
P
P
X
Laundry/dry cleaners/laundromat
P
P
SE
SE
X
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 metal shop
SE
SE
SE
P
P
X
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 yard
SE
P
X
Junkyard/auto graveyard
SE
X
Auto sales, repair and/or service
SE
P
SE
X
Truck and heavy equipment sales, rental and/or service
P
P
X
Mobile home sales, rental and/or service
SE
X
Taxi service
SE
SE
SE
P
X
Bus terminal
SE
SE
P
P
P
P
X
Tourist home/bed and breakfast
SE
SE
SE
SE
SE
P
P
P
P
X
Motel/hotel
P
SE
P
X
Antique shop/gift shop
SE
SE
P
P
P
X
Seasonal wayside stand (off-site)
SE
SE
P
P
P
X
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
F. 
Nonagricultural wholesale and industrial uses. Nonagricultural wholesale and industrial uses shall be permitted as follows:
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, 5,000 square feet gross or less
SE
P
X
Wholesale trade establishment more than 5,000 square feet gross
P
X
Wholesale trade establishment with retail sales, 5,000 square feet gross floor area or less
SE
P
X
Wholesale trade establishment with retail sales, more than 5,000 square feet gross floor area
SE
X
Petroleum products bulk storage and distribution
SE
SE
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
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:
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
SE
P
P
P
Commercial feed lot, greater than 100 heads
SE
P
P
Swine farm, greater than 20 sows
SE
P
P
Poultry farm (1,000 birds or more)
SE
P
P
Nursery (greenhouse mostly wholesale)[4]
P
P
SE
P
P
P
Nursery (no permanent sales or display facility)
SE
P
P
SE
SE
P
P
SE
Forestry
P
P
P
P
P
P
P
P
Distillation of industrial alcohol (ethanol) for farm use
SE
SE
SE
SE
X
Processing, storage and sale of agricultural products grown on premises
P
P
P
SE
SE
Processing, storage and sale of agricultural products grown off site (other than meat processing)
SE
SE
SE
SE
SE
SE
SE
SE
SE
X
Meat processing/slaughterhouse
SE
SE
SE
X
Livestock exchange
SE
SE
SE
X
Lime, fertilizer and agricultural chemical storage and distribution
SE
SE
SE
SE
SE
P
P
Farm equipment, sales, service and rental
SE
SE
SE
SE
SE
P
P
X
Sawmill, custom
SE
SE
P
Sawmill, commercial
SE
SE
P
X
Farm winery, Category 1
P
P
P
SE
SE
See definition; required in R-2 and RV
Farm winery, Category 2
P
P
P
SE
SE
See definition; required in R-2 and RV
Winery
SE
SE
SE
P
P
P
X
Farm winery retail establishment
SE
SE
SE
SE
X
Home winery/brewery
P
P
P
P
P
P
P
P
P
Adult farm labor camp
SE
SE
X
Aquaculture
SE
SE
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.
[4]
Editor's Note: The entry for "Orchard/vineyard, greater than 2 acres," was repealed 1-8-2003.
H. 
Miscellaneous uses. Miscellaneous uses shall be permitted as follows:
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)
SE
Adaptive uses of existing structures
SE
SE
SE
SE
SE
SE
SE
SE
SE
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, temporary
SE
SE
P
P
X
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
[1]
Editor's Note: This ordinance was readopted 12-2-1996.
[Amended 4-6-1987; 8-1-1988; 9-19-1988; 1-5-2000; 11-6-2000; 1-3-2007; 1-7-2008; 2-1-2021]
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
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 and all other roads
100
100
75
50
50
--
--
--
--
--
Minimum side and rear yards, principal use (feet)
Residential or resource preservation district
100
50
50
20
20
--
--
--
--
--
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.
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.
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 except as permitted by Chapter 68 of this Code.
[Amended 10-3-1994; 2-2-2015]
(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.
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.
[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]
[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.
[Added 2-4-1991; amended 7-6-1994[1]; 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.
[1]
Editor's Note: This ordinance was readopted 12-2-1996.