Ordinance chapter · Culpeper County Unincorporated, Virginia

Chapter 49

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Culpeper County Unincorporated, VA Zoning Ordinance#

Table of Contents#

ARTICLE 1 - DISTRICTS

ARTICLE 2 - DEFINITIONS AND MEASUREMENTS

ARTICLE 3 - AGRICULTURAL DISTRICT A-1

ARTICLE 4 - RURAL AREA DISTRICT RA

ARTICLE 4A - RURAL RESIDENTIAL DISTRICT RR

ARTICLE 5 - RESIDENTIAL DISTRICT R-1

ARTICLE 5A - RESIDENTIAL DISTRICT R-2

ARTICLE 5B - RESIDENTIAL DISTRICT R-3

ARTICLE 5C - RESIDENTIAL DISTRICT R-4

ARTICLE 5D - RESIDENTIAL MOBILE HOME PARKS DISTRICT RMH

ARTICLE 6 - RESERVED

ARTICLE 6A - RESERVED

ARTICLE 6.1 - RESERVED

ARTICLE 6.1A - CONVENIENCE CENTER DISTRICT C-C

ARTICLE 6.1B - VILLAGE CENTER COMMERCIAL DISTRICT VC

ARTICLE 6.1C - COMMERCIAL SERVICES DISTRICT CS

ARTICLE 6.1D - RESERVED

ARTICLE 6.1E - RESERVED

ARTICLE 7 - RESERVED

ARTICLE 7.1 - RESERVED

ARTICLE 7.1A - LIGHT INDUSTRY-INDUSTRIAL PARK DISTRICT LI

ARTICLE 7.1B - INDUSTRIAL DISTRICT HI

ARTICLE 8 - RESERVED

ARTICLE 8A - FLOODPLAIN OVERLAY DISTRICT FP

ARTICLE 8B - PLANNED UNIT DEVELOPMENT DISTRICT PUD

ARTICLE 8C - WATERSHED MANAGEMENT DISTRICT WMD

ARTICLE 8D - AIRPORT SAFETY

ARTICLE 8E - AGRICULTURAL AND FORESTAL DISTRICTS

ARTICLE 8F - PLANNED BUSINESS DEVELOPMENT DISTRICT PBD

ARTICLE 9 - SPECIAL PROVISIONS

ARTICLE 10 - ACCESS, CIRCULATION, PARKING AND LOADING

ARTICLE 11 - SIGNS

ARTICLE 12 - NONCONFORMING BUILDINGS, STRUCTURES, AND USES

ARTICLE 13 - ADMINISTRATION

ARTICLE 14 - INTERPRETATION

ARTICLE 15 - BUILDING PERMITS

ARTICLE 16 - CERTIFICATES OF OCCUPANCY

ARTICLE 17 - USE PERMITS

ARTICLE 18 - BOARD OF ZONING APPEALS; VARIANCES AND APPEALS

ARTICLE 19 - SUBSTANDARD SUBDIVISIONS

ARTICLE 20 - SITE PLANS

ARTICLE 21 - TRUNK THOROUGHFARE SETBACKS AND FUTURE STREET LINES

ARTICLE 22 - AMENDMENTS

ARTICLE 23 - VIOLATIONS AND PENALTIES

ARTICLE 24 - CONSTITUTIONALITY

ARTICLE 25 - REPEAL OF CONFLICTING PROVISIONS

ARTICLE 26 - EFFECTIVE DATE

ARTICLE 27 - EXISTING STRUCTURES USE PERMIT

ARTICLE 28 - MOBILE HOME USE PERMIT

ARTICLE 29 - CONDITIONAL ZONING

ARTICLE 30 - ENTRANCE CORRIDOR OVERLAY DISTRICT—EC

ARTICLE 30A - ARCHITECTURAL REVIEW BOARD

ARTICLE 31 - AGRICULTURAL ENTERPRISE USE PERMIT

ARTICLE 32 - OUTDOOR LIGHTING STANDARDS

ARTICLE 33 - LANDSCAPING AND SCREENING


Culpeper County Unincorporated City Zoning Code#

ARTICLE 28 - MOBILE HOME USE PERMIT#

28-1. Purpose.#

The purpose of these provisions are to:

28-1-1 Permit placement:#

Allow mobile homes to be placed in agricultural, commercial and industrial zoning districts; and

28-1-2 Protect health, safety and welfare:#

Ensure that each mobile home is sited in a manner which protects the health, safety and welfare of the occupants and the general public.

(Ords. of 11-3-1976; 8-2-1983)

28-2. General requirements.#

28-2-1 Prior to issuance of use permit:#

The following requirements shall be met by every applicant for a mobile home use permit prior to issuance of said permit:

28-2-1.1 Sewage disposal and water supply system approval by the Culpeper County Health Department§;

28-2-1.2 Bond agreement to cover the expenses of removing any mobile home which remains on the site over six (6) months after the expiration date of the permit§; and

28-2-1.3 Ownership of the land on which the mobile home is to be located by the applicant or the applicant's immediate family§.

28-2-2 Prior to occupancy:#

The following requirements shall be met by every applicant securing a mobile home use permit prior to occupancy of said mobile home:

28-2-2.1 Culpeper County Health Department approval of well and sewer connections and construction§.

28-2-2.2 Culpeper County Building Official approval of anchoring, tie-down, electrical service and any other requirements on mobile homes§ which that official is authorized to regulate.

28-2-3 After placement on lot:#

The following requirements shall be adhered to by every applicant securing a mobile home use permit within sixty (60) days of placement on the lot, unless the applicant can demonstrate that compliance with said time limit is physically infeasible because of health conditions. In such cases, the zoning administrator may grant a time extension not to exceed four (4) additional months.

28-2-3.1 Skirting which completely screens the undercarriage of the mobile home§.

(Ord. of 11-3-1976)

28-3. Temporary use permits.#

28-3-1 Uses:#

Temporary use of a mobile home may be permitted for the following purposes:

28-3-1.1 Occupancy for up to three (3) years while constructing a dwelling.§

28-3-1.2 Occupancy for up to one year while reconstructing a dwelling.§

28-3-1.3 Occupancy as an office on a construction site for the duration of such work.

28-3-1.4 Occupancy for up to one year for an emergency hardship.§

28-3-1.5 Occupancy for up to five (5) years for a medical hardship or by those providing the primary care for such a hardship.§

28-3-2 Specific requirements:#

In addition to meeting the general requirements of section 28-2, the applicant for a temporary mobile home use permit shall comply with the following specific requirements:

28-3-2.1 The mobile home shall be located on the same property as the intended construction or on which the hardship occurs or which is affected by or directly linked to the occurrence of the hardship, except for medical hardships, which are limited in location to property owned or controlled by either the care provider or care recipient, and resided on by both.§ The number of care recipients unrelated to the care provider is limited to no more than two (2) individuals or as exempted by the Board of Supervisors.

28-3-2.2 A building permit must have been issued for a temporary use permit during construction/reconstruction and must remain in effect and in good standing to maintain the use permit.§

28-3-2.3 A request for medical hardship must be accompanied by a statement from at least one doctor certifying to physical or mental incapacity that requires an independent care giver or special equipment that can be provided through a temporary mobile home use permit.§

28-3-2.4 Utility services and connection shall be consolidated with existing site uses wherever possible and must be adequate to accommodate all uses. Sewer and water service must be provided on site.§

28-3-2.5 In the case of emergency hardship, a finding shall be made and documented by the zoning administrator under the definition found in section 2-33A of the Zoning Ordinance.§

28-3-3 Administration:#

28-3-3.1 A temporary mobile home use permit shall be issued in accordance with Article 28 by the zoning administrator, based upon the criteria in section 28-3-2, and reviewed at least annually by the same for the permitted duration unless it is determined by the Administrator that review by the Planning Commission and approval by the Board of Supervisors is needed.

28-3-3.2 Consideration of a temporary mobile home use permit for emergency or medical hardship purposes requires consultation with the Board of Supervisors member from the district in which the proposed use is located to provide referral on area character, duration community concern and site capability.

28-3-3.3 Extension of the time limits of section 28-3-1 may be granted by the zoning administrator for up to one year or as may be authorized by the Board of Supervisors after review by the Planning Commission and an advertised public hearing.

28-3-3.4 All applications for emergency or medical hardships shall receive immediate priority from the Building Official's office, which shall, upon request of the applicant, promptly perform all inspections and, upon successful passage, issue all needed permits under priority status.

(Ords. of 11-3-1976; 4-3-1990)

28-4. Renewable use permits.#

28-4-1 Uses:#

Use of a mobile home on a renewable basis may be permitted for the following purposes:

28-4-1.1 Occupancy by a farm tenant.

28-4-1.2 Use for office employment and equipment.

28-4-1.3 Use as a classroom for educational and institutional purposes.

28-4-2 Specific requirements:#

In addition to meeting the general requirements of section 28-2, the applicant for a renewable mobile home use permit shall comply with the following specific requirements prior to review and approval by the Board of Supervisors:

28-4-2.1 The principal income of a farmer tenant shall be at least eighty percent (80%) derived from the farm on which the mobile home is located.§

28-4-2.2 Use as an office or classroom is an accessory use to an appropriate existing use that is consistent with the zoning district in which it is located. All plumbing fixtures shall be removed, and no sewer/water connections shall be allowed unless specifically authorized by the Board of Supervisors.§

28-4-2.3 All nonresidential uses and modifications to mobile homes must be approved by the Building Official and are subject to the appropriate building permits. Medical treatment and patient residency are specifically prohibited.§

28-4-3 Administration:#

Renewable mobile home use permits shall be issued by the zoning administrator only after review by the Planning Commission and approval by the Board of Supervisors. A time limit for reexamination shall be set by the Planning Commission and included in its recommendation to the Board of Supervisors. The zoning administrator shall then review each case annually until the condition for which the permit was granted no longer exists or the time limit has expired, whichever comes first. At this time, continued use of the mobile home shall require reapplication for a new use permit.

(Ords. of 11-3-1976; 4-3-1990)

28-5. Right to public hearing.#

28-5-1 Right available to any applicant:#

Any applicant shall have the right to public hearing by requesting review by the Planning Commission and approval by the Board of Supervisors. The zoning administrator shall act according to the Board's decision.

(Ord. of 11-3-1976)