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PUBLIC HEARING: PROPOSED AMENDMENTS

RAPPAHANNOCK COUNTY ZONING ORDINANCE

On Monday, January 7, 1991, the Board of Supervisors of Rappahannock County will consider a series of proposed amendments to the Rappahannock County Zoning Ordinance.

The amendments are intended to comply with changes in statutory authority enacted by the 1990 session of the General Assembly of Virginia, or to enforce authority conferred on Rappahannock County by recent changes to enabling legislation. These amendments are the same as those considered by the Board at their meeting of Monday, November 5, 1990, and are hereby being reconsidered due to an error in the advertising required under S15.1 -431 of the Code of Virginia, 1950 (as amended).

The following amendments to the Rappahannock County Zoning Ordinance shall be considered: I. Amend Section 2.24 by adding:

C. A residential facility housing a group of not more than eight mentally ill, mentally retarded, or developmentally disabled persons, in addition to staff, shall be considered for all purposes occupancy by a single family and may thus be located by right without conditions other than those applied to all single-family detached dwellings. For the purposes of this Section, mental illness, mental retardation and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in S54.1-3401 of the Code of Virginia, 1950 (as amended). A residential facility shall be deemed to be any group home or other residential facility for which the Department of Mental Health, Mental Retardation and Substance Abuse Services is the licensing authority pursuant to the Code of Virginia.

Newly constructed residential care facilities shall conform to the standards required for the appropriate use group as dictated by the National Building Code of the Building Officials and Code Administrators (BOCA) in addition to those requirements imposed by the DMHMRSAS. II. Amend Section 3.7 by adding new items: „

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 (5) years.

7. property may not be divided between joint owners or their heirs (i.e., a surviving spouse and children may not divide an inherited property through the application of this section).

8. '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.

9. 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 (2) years. III. Add a new Section, to read: 3.9 Permanent Mobile Homes A. Permanent mobile homes shall be allowed anywhere that single-family dwellings are allowed in "A”, Agricultural zoning areas in Rappahannock County, provided that all such structures:

1 Shall have a minimum manufactured width of 19.5 feet; and,

2. Shall be placed on a permanent foundation; and,

3. Shall be "skirted" completely such that no light shall see through the foundation.

IV. Amend Section 5.2-7 (A.) by adding at end of section:

Further, no such family apartment shall be more than 200 from the main residence, nor shall it utilize a separate entrance to the property unless such entrance is already in existence.

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