[From the U.S. Government Printing Office, www.gpo.gov]































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                                     NEW KENT COUNTY

                                    ZONINa ORDINANCE














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           1992
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                                                                                                    NOAA Coastal services Center
                                                                                                                              Library                                                                                                                             I

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                                   NEW KENT COUNTY


                                   ZONING ORDINANCE












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             The preparation of this report was funded, in part, by the
         Virginia Council on the Environment's Coastal Resources Management
                    Program through grant #NA170ZO359-01 of the
             National Oceanic and Atmospheric Administration under the
                   Coastal Zone Management Act of 1972 as amended.












                                    Prepared by
                   Richmond Regional Planning District Commission

                                   December, 1992
                                   NEW




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                                      CHAPTER 9


                                  ZONING ORDINANCE

                                ARTICLE III. Zoning.

                  The original  New Kent County Zoning Ordinance was
                  adopted on January 3, 1967, and amended on August 8,
                  1967, September 9, 1969, February 9, 1971, August 10,
                  1972, June 26, 1972, October 9, 1972, July 10, 1973,
                  February 10, 1975, April 1, 1975, August 2, 1977,
                  October 13, 1980, November 24, 1980, December 8, 1980,
                  December 22, 1980, February 8, 1982, and October 10,
                  1983. The ordinances contained in this article are a
                  recodification of these previous ordinances with
                  grammatical changes and amendments. This article also
                  includes additions to the former zoning provisions.
                  The current ordinance was adopted on July 20, 1987,
                  and amended on September 14, 1987, October 19, 1987
                  November 15, 1991, and ADD DATE.

                    Division 1. General Administrative Provisions.

       Sec. 9-35. Purpose and intent.

            Be it ordained that for the purpose of promoting the health, safety,
       and  general welfare of the public and of further accomplishing the
       objectives of Section 15.1-427 of the Code of Virginia, that this article
       be adopted as the zoning ordinance of New Kent County, Virginia, together
       with the accompanying official zoning map.        This article has been
       designed (1) to provide for adequate light, air, convenience of access,
       and safety from fire, flood and other dangers; (2) to reduce or prevent
       congestion in the public streets; (3) to facilitate the creation of a
       convenient, attractive and harmonious community; (4) to expedite the
       provision of adequate police and fire protection, disaster evacuation,
       civil defense, transportation', water, sewerage, schools, parks, forest,
       playgrounds,. recreational facilities,     airports and other public
       requirements; (5) to protect against destruction of or encroachment upon
       historic areas; (6) to protect against one or more of the following:
       overcrowding of land, undue density of population in relation to the
       community facilities existing or available, obstruction of light and air,
       danger and congestion in travel and transportation or loss of life,
       health, or property from fire, flood, panic or other dangers; (7) to
       encourage economic development activities that provide desirable
       employment and enlarge the tax base; and (8) to provide for the
       preservation of agricultural and forestal lands.

       Sec. 9-36 General rules of construction.

            The following general rules of construction shall apply to the
       regulations of this article:










            A.   The singular number includes the plural, and the plural the
       singular unless the context clearly indicates otherwise.

            B.   Words used in the present tense include the past and future
       tenses, and the future tense includes the present.

            C.   The word "shall" is always mandatory.        The word "may" is
       permissive.

            D.   The word "building" or "structure" includes any part thereof
       and the word "building" includes the word "structure".

            E.   Words and terms not defined herein shall be interpreted in
       accordance with their normal dictionary meaning and customary usage.

            @F.  The terms "main" and "principal" a's used herein are synonymous.

       Sec. 9-37. Definitions.

            For the purposes of this article, the following words and terms
       shall have the meanings respectively ascribed to them by this section:

            ACCELERATION LANE. An added roadway lane which permits integration
       and merging of slower moving vehicles into the main vehicular stream.

            ACCESSORY APARTMENT.    A dwelling unit either in or added to a
       structure used for business or commercial purposes, for use as a
       complete, independent living facility with facilities for cooking,
       eating, sanitation, and sleeping.

            ACCESSORY BUILDING.     A subordinate structure which is clearly
       incidental to or customarily found in connection with and (except as
       otherwise provided in this article) located on the same lot as the main
       building or principal use of land.

                                          (See Section 9-45)

            ACCESSORY USE. A use of land or of a building or portion thereof
       customarily incidental and subordinate to the principal use of the land
       or building and (except as otherwise provided in this article) located
       on the same lot with such principal use.

                                          (See Section 9-45)

            ACREAGE. A parcel of land, regardless of area, described by metes
       and bounds which is not a numbered lot on any recorded subdivision plat.

            ADDITION. A structure added to the original structure at sometime
       after the completion of the original.

            ADMINISTRATOR. (See Zoning Administrator).


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             AGRICULTURE (AND FARMING). The production, keeping or maintenance
       for sale, lease or personal use of plants and animals useful to man
       including but not limited to forages and solid crops, grains, and seed
       crops, dairy animals and dairy products, poultry and poultry products,
       livestock including beef cattle, sheep, swine, horses, ponies, mules or
       goats or any mutations or highbreds thereof including the breeding and
       grazing of any or all of such animals, bees and aviary products, fur
       animals, trees and forest products, fruits of all kinds including grapes,
       nuts, berries, vegetables, nursery, floral, ornamental, and greenhouse
       products or lands devoted to a soil conservation or forestry management
       program.    This definition shall also include aquacultural activities.
       The term shall not include home gardens nor shall it include those
       activities specifically listed under animal husbandry in Section 9-243
       of this chapter.

             AIR PARK.   A complex of uses such as offices, stores, hotels and
       manufacturers that join or are part of an airport and requiring or
       desiring close access thereto.

             AIRPORT.   A place where aircraft can land or take off usually
       equipped with hangars, facilities for refueling and repair and various
       accommodations for passengers.

             AIRPORT ELEVATION. The highest point of an airport's usable landing
	area measured in feet from mean sea level.

		 AIRPORT HAZARD.  Any structure or object of natural growth located
	on or in the vicinity of a public airport, or any use of land near such
	airport, which obstructs the airspace required for the flight of aircraft
	in landing or takeoff at such airport or is otherwise hazardous to such
	landing or takeoff or aircraft.

             AISLE. The traveled way by which cars enter into parking spaces.

             ALTERATION. A change or rearrangement in the supporting members of
       an existing building such as bearing walls, columns, beams, girders, or
       interior petitions, as well as any change in doors or windows or any
       enlargement to or diminution of a building or structure whether
       horizontally or vertically or the moving of a building or structure from
       one location to another,

             AMUSEMENT FACILITIES AND GAME ROOMS. Public billiard parlors and
       pool rooms,. video arcades, bowling alleys, and similar forms of public
       amusement.

             AMUSEMENT PARK. An outdoor commercial facility which may include
       structures or buildings where there are various devices f or entertainment
       including rides, booths for the conduct of games or sale of items and
       buildings for shows and entertainment including baseball diamonds,
       football stadiums, auto sports complexes and outdoor amphitheaters.



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            ANIMAL HOSPITAL. A place where animals or pets are given medical
       or surgical treatment and the boarding of animals is limited to short
       term care incidental to the hospital use.

            ANIMAL HUSBANDRY. The scientific control and management of animals
       used for agricultural and domestic purposes.

            APARTMENT. A part of a building containing cooking and housekeeping
       facilities consisting of a room or suite of rooms intended, designed or
       used for residence by an individual or a single family.

            APARTMENT HOUSE.       A structure containing three (3) or more
       apartments.

            APPROACH, TRANSITIONAL, HORIZONTAL AND CONICAL ZONES.  these zones
	apply to the area under the approach, transitional, horizontal and
	conical surfaces defined in the FAA regualtions which apply to the type
	of facility involved.

            AQUACULTURE. Land devoted to the hatching, raising, and breeding
       of aquatic and marine fish, plants or animals for sale or personal use.

            ASPHALT MIXING.      A facility engaged in the production of an
       asphaltic compound primarily used for paving, roads, parking lots, and
       sidewalks.

            ASSEMBLY HALL. An enclosed structure primarily used to accommodate
       groups of people gathered for the purpose of deliberation, legislation,
       worship, or entertainment.

            AUTOMOBILE. A self-propelled, free-moving vehicle with four or more
       wheels primarily for conveyance on a street or roadway.

            AUTOMOBILE REPAIR. A business engaged in the maintenance, repair,
       or restoration of automobiles, including repairs to the engine and other
       mechanical components, and the body and interior.

            AUTOMOBILE GRAVEYARD OR WRECKING YARD.        A junkyard consisting of
       that part of a lot not enclosed by a building which is used f or the
       storage or dismantling of damaged, inoperative or obsolete vehicles or
       for the sale of such vehicles or of the salvaged parts therefrom. The
       term also includes any lot or place which is exposed to the weather upon
       which more than five (5) motor vehicles of any kind incapable of being
       operated are placed.

            AUTOMOBILE SALES. A business engaged in the display and sale of new
       or used automobiles, trucks, and vans with a gross vehicle weight not to
       exceed ten thousand (10,000) pounds and-the installation of-batteries,
       lubricants, tires, and other similar accessories, and the cleaning of
       vehicles for display purposes only.



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             AUTOMOBILE SERVICE GARAGE. A business engaged in the maintenance
       and repair of engines and other mechanical components of automobiles,
       excluding the repair or restoration of the body and interior.

             AUTOMOBILE SERVICE STATION 
                             Any place of business with pumps and underground storage
       tanks having as its purpose the dispensing of motor vehicle fuels and
       lubricants and/or the servicing of motor vehicles, including minor
       repairs and inspections incidental thereto but not including a general
       repair shop, paint or body shop, machine shop, vulcanizing shop, or any
       operation requiring the removal or installation of radiators, engines,
       cylinder heads, crankcases, transmissions, differentials, fenders, doors,
       bumpers, grills, glass or other body parts or any body repairing or
       painting. The term shall not include truck stops.

             

             BANK.   An establishment regulated by federal and state laws and
       engaged in the custody, loan, exchange, or issue of money, for the
       extension of credit, and for facilitating the transmission of funds.

             BASEMENT.   A story partly underground having more than one half
       (1/2) of its height above ground. A basement shall be counted as a story
       for the purpose of height regulations. (See definition for Cellar.)

             BASE FLOOD/ONE HUNDRED YEAR FLOOD. A flood that, on the average,
       is likely to occur once every 100 years (i.e., that has a one (1) percent
       chance of occurring each year, although the flood may occur in any year) .

             BED AND BREAKFAST/HOME STAY ESTABLISHMENT. A single-family dwelling
       in which the principal use is permanent residential quarters; and in
       which, as an accessory use, no more than five bedrooms are made available
       for transient occupancy, generally for not more than seven days, by no
       more than ten guests for compensation.

             BLOCK. That property fronting on one side of a street or road lying
       between two (2) intersecting streets or roads or otherwise limited by a
       railroad right-of-way, a live stream, or unsubdivided tract or physical
       barriers of such nature as to interrupt the continuity of the
       development.

             BOARD. The board of zoning appeals of New Kent County.

             BOARDING HOUSE. A dwelling or part thereof where for compensation
       lodging and meals are provided for at least three (3) and for not more
       than fourteen (14) persons.

             BCAT BUILDING. A business engaged in the construction, repair, and
       maintenance of hulls, cabins, and other structures on waterborne vessels

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       not to exceed a displacement of 100 hundred tons, and the installation,
       repair, or replacement of engines, spars, and other mechanic devices and
       accessories required f or propulsion or the production of electricity, or
       any other equipment and accessory appurtenant thereto on such vessels.

            BOAT SALES. A business engaged in the display and sale of new or
       used boats not to exceed a displacement of 100 tons, and the installation
       and sale of batteries, lubricants, and other accessories and equipment
       appurtenant thereto.

            BRICK MANUFACTURING. A business engaged in the production of clay
       or concrete blocks used for building or paving.

            BROADCAST STUDIOS. A facility   used to transmit wavelengths within
       the electromagnetic spectrum in frequencies required for their reception
       by radio or television.                               . .                     I
            BUILDABLE AREA.    The area of that part of the lot not included
       within the yards or open spaces required by this article.

            BUILDABLE WIDTH.   The width of that part of the lot not included
       within the open spaces required by this article.

            BUILDING. Any structure having a roof supported by columns or walls
       for the housing or enclosure of persons, animals, and property of any
       kind.

            BUILDING, COMPLETELY ENCLOSED.     Any building having no outside
       openings other than ordinary doors, windows and ventilators.

            BUILDING COVERAGE (LOT COVERAGE). That percentage of a lot which
       when viewed from above would be covered by a structure or structures and
       any part thereof, excluding roof eaves.

            BUILDING, HEIGHT OF.     The vertical distance from the average
       established curve grade or from the average level of the finished grade
       at the front building line, if higher, to the highest point of the roof
       if a flat roof, to the deck line of a mansard roof or to the mean height
       level between the eaves and ridge of a gable, hip or gambrel roof.

            BUILDING LINE. The line created where the building makes contact
       with the finished grade level.       Building height is measured in a
       perpendicular direction from this line.

            BUILDING, MAIN.   The principal building or one of the principal
       buildings on a lot or the building or one of the principal buildings
       housing the principal use on the lot.

            BUILDING OFFICIAL or INSPECTOR.    The legally designated building
       authority of New Kent County or his/her authorized representative.



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            BUS TERMINAL or STATION. Any premises for the transient housing or
       parking of motor driven buses and the loading and unloading of
       passengers.

            CAMPER. Any individual who occupies a campsite or otherwise assumes
       charge of or is placed in charge of a campsite.

            CAMPGROUND. A plot of land on which two (2) or more campsites are
       located established or maintained for occupancy by camping units of the
       general public as temporary living quarters for recreation, education or
       vacation purposes.

            CAMPING UNIT. Any tent, travel trailer, cabin, lean-to, or similar
       structure established or maintained and operated in a campground as
       temporary living quarters for recreation, education or vacation purposes.

            CAMPSITE.   Any plot of ground in    a campground intended for the
       exclusive occupancy    by a camping unit  or units under the control of
       camper.

            CANOPY. A detachable rooflike cover supported from the ground or
       deck, floor or walls of a building for protection from sun and weather.

            CELLAR. A story entirely underground or partly underground with at
       least one half (1/2) of its height below grade.

            CEMETERY, PRIVATE er PUBLI-e. A place of the interment of human or
       animal dead above or below ground.

            CHANGE OF USE.     Any use which substantially differs from the
       iorevious use of building or land.

            CHILDCARE CENTER.    A private establishment enrolling four (4) or
       more children between two and five years of age and where tuition fees
       or other forms of compensation for the care of the children is charged
       and which is licensed or approved to operate by the State of Virginia.

            CHIMNEY. A structure containing one or more flues for drawing off
       emissions from stationary sources of combustion.

            CHURCH/SYNAGOGUE. A building or structure or groups of buildings
       or structures which by design and construction are primarily intended for
       the conducting of organized religious services and accessory uses
       associated therewith.

            CIVIC CENTER.    A building or complex of buildings that house
       municipal offices . and -services and which may include cultural,
       recreationall athletic, convention and entertainment facilities owned
       and/or operated by a governmental agency.




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            CLINIC.    An establishment where patients who are not lodged
       overnight are admitted for an examination or treatment by physicians or
       dentists.

            CLUB. Buildings and facilities owned and operated by a corporation,
       association, person or persons for a social, educational, or recreational
       purpose but not primarily to render a service which is customarily
       carried on as a business. This includes community pools and recreational
       facilities.

            CLUSTER HOMES.     A group of dwellings for private and separate
       ownership similar to condominium development but buildings may or may not
       be connected. Generally associated with Planned Unit Developments.

            COMMERCIAL GREENHOUSE.     A structure in which plants, vegetables,
       flowers, and similar other materials are grown for sale.

            COMMISSION. The Planning Commission of New Kent County, Virginia.

            COMMON AREA. All land within a subdivision or townhouse development
       excluding public streets and rights-of-way and private lots held either
       by the owner/developer or an individual non-prof it corporate owner whose
       members shall be all property owners within the subdivision or townhouse
       development.

            COMMUNITY CENTER.      A building used for recreational, social,
       educational and cultural activities owned and operated by a public or
       nonprofit group or agency.

            COMMUNITY FACILITY. A building or structure owned and operated by
       a governmental agency to provide a governmental service to the public.

            CONDITIONAL USE. A use permitted in a particular zoning district
       only upon a showing that such use in a specified location will comply
       with all the conditions and standards for the location or operation of
       such use as specified in this article and as established by the Board of
       Supervisors of New Kent County.

            CONDITIONAL USE PERMIT.     A written permit issued by the proper
       authority stating that the conditional use meets all conditions required
       by this article.

            CONDOMINIUM. A building or group of buildings in which units are
       owned individually and the structure, common areas and facilities are
       owned by all the owners on a proportional undivided basis.

            CONFERENCE CENTERS. A facility used for business or professional
       conferences and seminars,# often. with accommodations for.sleeping., eating,
       and recreation.





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            CONSTRUCTION BUSINESS WITH EQUIPMENT STORAGE. A business engaged
       in the erection, alteration, extension or repair of a structure with
       facilities used for the storage of materials and equipment.

            CONSTRUCTION TRAILERS/PORTABLE-TEMPORARY.    Trailers used for the
       temporary storage of materials and equipment or used as administrative
       offices on a construction site.

            CONTRACTOR STORAGE. Facilities used for the storage of materials
       and equipment used in the erection, alteration, extension or repair of
       structures.

            CONVALESCENT, NURSING or REST HOME. Any institution, however named,
       whether conducted for charity or for profit, which is advertised,
       announced or maintained for the express or implied purpose of caring for
       two (2) or more non-related persons submitted thereto for the Purpose of
       nursing or convalescent care. Nursing or convalescent care includes care
        .ven because of prolonged illness or defect or during the recovery from
       Yn1juries and includes any and all of the procedures commonly employed in
       waiting on the sick such as administration of medicine, preparation of
       special diets, giving of bedside care, application and dressing of
       bandages and the carrying out of treatment prescribed by a duly licensed
       practitioner of medicine.

            CONVENIENCE STORES.   Any retail establishment offering for sale
       prepackaged food products, household items, and other goods commonly
       associated with the same, and gasoline and diesel fuel, and having a
       gross floor area of less than 5,000 square feet. This definition shall
       not include truck stops.

            COUNTRY CLUBS. A land area and buildings containing recreational
       facilities, clubhouse and usual accessory uses, open only to members and
       their guests for a membership fee.

            COURT. An open space which may or may not have direct street access
       and around which is arranged a single building or a group of related
       building.

            CROP SERVICES.   A business or enterprise solely engaged in the
       biological and entomological care of agricultural crops.

            CUL-DE-SAC. The turnaround at the end of a dead-end street.


            DAIRY. A commercial establishment for the manufacture and sale of
       dairy products.

            DANCE AND MUSIC STUDIO. A building or portion of a building used
       to teach, rehearse, and perform the various disciplines of dance and
       mucli C.

            DAYCARE CENTER/DAY NURSERY. See Childcare Center.


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             DENSITY.  The number of families, individuals, dwelling units or
       housing units per unit of land.

             DEVELOPMENT. Any man-made change to improved or unimproved real
       estate, including, but not limited to, buildings or other structures, the
       placement of manufactured homes, streets, and other paving,. utilities,
       filling, grading, excavation, mining, dredging, drilling operations, or
       storage of equipment or materials.

             DEVELOPMENT STANDARD.    Regulations which limit the size, bulk or
       siting conditions of particular types of buildings or uses located within
       any designated district or permitted.as conditional uses.

           . DISTILLATION OF ETHANOL FROM GRAIN.      A facility used to produce
       ethanol from grain through the process of distillation.

             DISTRICT. Areas established by this article under the provisions
       of Section 15.1-486 of the Code of Virginia.

             DRIVEWAY.  A private roadway providing access for vehicles to a
       parking space, garage, dwelling or other structure.

             DRY CLEANING PLANT. A facility used for the cleaning of clothing,
       curtains, and similar fabric items by means of special equipment
       employing the use of chemicals and solvents.

             DRY CLEANING PICK-UP OUTLET. A facility used to collect and return
       items to be drycleaned at a plant located elsewhere. Such facilities may
       include equipment to be used for the laundering and pressing of clothing
       items.

             DUMP.  A land site used primarily for the disposal by dumping,,
       aerial burning or other means for whatever purposes of garbage, sewagel
       trash, refuse, junk, discarded machinery, vehicles or part thereof, and
       other waste, scrap, or discarded material of any kind.

             DWELLING.    A building or portion thereof designed or used
       exclusively for residential occupancy but not including boats, trailers,
       mobile homes, motor homes, hotels, motels, motor lodges, tourist courts,
       or tourist homes.

             DWELLING, SINGLE-FAMILY.    A building arranged or designed to be
       occupied by one family, the structure having only one dwelling unit.

             DWELLING, TWO-FAMILY.     A structure arranged or designed to         be
       occupied by two families, the structure having only two (2) dwelling
       units.

             DWELLING, MULTI-FAMILY.    A structure arranged or     designed to    be
       occupied exclusively by three (3) or more families living independently
       of each other.



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            DWELLING, SEMI-DETACHED. Two (2) single-family dwellings attached
       by a common vertical wall without openings between them and with separate
       entrances for each dwelling unit.

            DWELLING, MODULAR. A single-family dwelling which is constructed
       in units which are movable but not designed for regular transportation
       on highways and designed to be constructed on a permanent foundation.

            DWELLING UNIT. One or more rooms in a dwelling designed for living
       or sleeping purposes and having at least one kitchen.

            EDUCATIONAL INSTITUTION. A college or university authorized by the
       state to award degrees.

            EQUESTRIAN SALES AND SHOW PAVILION. A facility solely used for the
       show and sale of horses, tack, horsedrawn carriages, and similar
       accessory equipment.

            EXISTING USE.    the use of a lot or structure at the time of
       enactment of the applicable provisions of this article.

            EXTENDED CARE FACILITY. See convalescent nursing or rest home.

            EXTERIOR WALL. Any wall which defines the exterior boundaries of
       a building or structure.

            FAMILY. -One or more persons occupying a premises and living in a
       single dwelling unit as distinguished from an unrelated group occupying
       a boarding house, lodging house, tourist home or hotel. The term shall
       include unrelated persons occupying single dwelling units, if the number
       of such unrelated persons does not exceed four (4).

            FARM. A parcel of land used for agriculture.

            FARM EQUIPMENT SALES. A business engaged in the sale and repair of
       machines and equipment used solely for agricultural purposes.

            FARM STRUCTURES. Any building or structure used for agricultural
       purposes.

            FAST FOOD RESTAURANT. An establishment whose principal business is
       the sale of preprepared or rapidly prepared food directly to the customer
       in a ready-to-consume state for consumption either within the restaurant
       building or off the premises.
            FEED LOT.    A relatively small confined land area for 'fattening
       cattle or holding temporarily for shipment.

            FEED AND SEED STORES. A business primarily engaged in the sale of
       animal feed, agricultural crop seeds, and ancillary supplies to sustain
       and nurture crops and animals used for agricultural purposes.










            FIRE AND RESCUE STATIONS. A building to house fire fighting and
      emergency medical rescue equipment and personnel.

            FLOOD.   A general and temporary inundation or normally dry land
      areas.


            FLOODPLAIN.   (a)   A relatively flat or low land area adjoining a
      river, stream or watercourse which is subject to partial or complete
      inundation; (b) An area subject to the unusual and rapid accumulation
      of runoff of surface water from any source.

            FLOOD-PRONE AREA.    Any land area susceptible to being inundated by
      water from any source.

            FLOODWAY.   The designated area of the floodplain required to carry
      and discharge flood waters of a given magnitude.        For the purposes of
      this ordinance, the floodway shall be capable of accommodating a flood
      of the one hundred (100) - year magnitude.

            FLOOR AREA. (a) Commercial, business, and industrial buildings or
      buildings containing mixed uses: The sum of the gross horizontal areas
      of the several floors of a building measured from the exterior faces of
      the exterior wall or from the center line of walls separating two
      buildings but not including, (1) attic space providing head room of less
      than seven feet; (2) basement or cellar space not used daily; (3)
      uncovered steps or fire escapes; (4)          accessory water towers; (5)
      accessory off-street parking spaces, and (6) accessory off-street loading
      spaces.    (b) Residential buildings:     The sum of the gross horizontal
      .areas of the several floors of a dwelling exclusive of garages,
      basements, cellars and open porches measured from the exterior'faces of
      the exterior walls.

            FLOOR AREA, FINISHED. That area that is so      completed as to be in
      conformity with the conditions of the main            living area but not
      necessarily utilizing the same building material.

            FLOOR AREA, LIVABLE.     Floor area designed    for year-round family
      living enclosed or protected from the weather         but not intended for
      storage or similar uses and not including garages, carports, cellars,
      basements, attics, open porches, atriums, patios and breezeways.
      Basement space may be included as livable floor area when designed as a
      family room, game room or similar use with an exposed outside wall
      containing windows or doors.

            FORESTRY.    The operation of timber tracts, tree farms, forest
      nurseries, or the gathering of forest products.

            FREIGHT TERMINAL. A building or area. in, which -freight brought by
      truck is assembled and/or stored for routing or reshipment, or in which
      semitrailers, including tractor and/or trailer units and other trucks,
      are parked or stored.


                                            12












            FRONTAGE (SEE LOT FRONTAGE).

            FUNERAL HOMES. A building used for the preparation of the deceased
       for  burial and the display of the deceased and ceremonies connected
       therewith before burial or cremation.

            GAME PRESERVES/CONSERVATION AREAS. Environmentally sensitive and
       valuable lands protected from any activity that would significantly alter
       their ecological integrity, balance,, or character.      Such areas may
       include wetlands, tidal shores, steep slopes, and areas of significant
       biological productivity or uniqueness and abundant wildlife habitats.

            GAME ROOMS/AMUSEMENT FACILITIES.    A building in which five (5) or
       more pinball machines, video games, pool or billiards tables, or other
       similar player-operated amusement devices are maintained.

            GARAGE, PRIVATE.    Accessory building designed or used for the
       storage of not more than three (3) automobiles owned and used by the
       occupants of the building to which it is accessory. on a lot occupied
       by a multiple unit dwelling, the private garage may be designed and used
       for the storage of one-and-one-half (1-1/2) times as many automobiles as
       there are dwelling units.

            GARAGE, PUBLIC. A building or portion thereof, other than private
       garage, designed or used for servicing, repairing, equipping, renting,
       selling or storing motor-driven vehicles.

            GARDEN APARTMENT. A multi-story building with one or more separate
       and individual apartments found in each story.

            GOLF COURSE. Any golf course, publicly or privately owned, on which
       the game of golf is played including accessory uses and buildings
       customary thereto, but excluding golf driving ranges as herein defined.

            GOLF DRIVING RANGE. A limited area on which golf players do not
       walk, but onto which they drive golf balls from a central driving tee.

            GOVERNING BODY.    The Board of Supervisors of New Kent County,
       Virginia.

            GOVERNMENT BUILDINGS/FACILITIES. A building or structure in which
       activities and services of local (New Kent County) government activities
       and services are conducted.

            GRADE. Grade or grade elevation shall be determined by averaging
       the elevations of the finished ground adjacent to all the corners and/or
       other principal parts in the perimeter wall of the building.

            GRAIN STORAGE. A facility used for storing seeds or fruits from
       cereal grasses.



                                          13










             GRAVEL PIT/BORROW PIT. An open land area where sand, earth, gravel,
       or rock fragments are mined or extracted for sale of off-tract use.

             GREENBELT.      A strip of land planted with evergreen trees,
       established to protect one type of land use from another with which it
       may be incompatible.

             GREENHOUSE. A building whose roof and sides are made largely of
       glass or other transparent or translucent material and in which the
       temperature and humidity can be regulated for the cultivation of delicate
       or out-of-season plants for subsequent sale or for personal enjoyment.

             GROUP CARE FACILITY.       A facility designed to provide resident
       services to individuals who are mentally retarded or otherwise
       developmentally disabled who require rehabilitation or personal services.
       Group care facilities include uses such as family care homes, group homes
       and resident schools for the above individuals.

             GUEST HOUSE. Living quarters with an attached accessory building
       located on the same premises with the main dwelling for use by guests of
       the occupants of the premises and not rented or otherwise used as a
       separate dwelling.

             HEALTH OFFICIAL OR HEALTH OFFICER. The legally designated health
       authority of New Kent County or his/her authorized representative.

             HET31PGRT PRIMARY suRFAeH. The area ef the primary surf    ---- ---  ..e4:des
       ï¿½n stoe and shape with the designated land:imq and takeeff area ef a
       helipert (runway) . This sui-faee 19 a herleental plame at the elevatien
       ef the established hellpert elevatlen.

             EMMISTOP.    A heliport, but without auxiliary facilities such as
       parking, waiting room, fueling and maintenance equipment.

             HISTORIC AREA.     An area or district established by the Board of
       Supervisors of New Kent County under the provisions of Section 15.1-503.2
       of the Code of Virginia.

             HISTORIC STRUCTURE. Any structure that is:

             (a)   Listed individually in the National Register of Historic Places
                   (a listing maintained by the Department of Interior) or
                   preliminarily determined by the Secretary of the Interior as
                   meeting the requirements for individual listing on the National
                   Register;

             (b)   Certified or preliminarily determined by the Secretary of the
                   Interior as contributing to @ the historical - sign-if icance of a
                   registered historic district or a district preliminarily
                   determined by the Secretary to qualify as a registered historic
                   district;



                                              14











             (c)  Individually listed on a state inventory of historic places in
                  states with historic preservation programs which have been
                  approved by the Secretary of the Interior; or

             (d)  Individually listed on a local inventory of historic places in
                  communities with historic preservation programs that have been
                  certified either;

                  (1) By an approved state program as determined by the
                       Secretary of the Interior; or

                  (2)  Directly by the Secretary of the Interior in states
                       without approved programs.

             HOME GARDEN. A garden for the production of vegetables, fruits, and
       flowers generally for use and/or consumption by the occupants of the
       premises.

             HOME OCCUPATION. An activity carried out for gain by a resident of
       the dwelling unit as an accessory and subordinate use to the residential
       use, which activity is carried on within the resident's dwelling unit
       unless otherwise specifically provided.

             HOMES FOR DEVELOPMENTALLY DISABLED PERSONS. A dwelling or facility
       shared by four or more resident handicapped persons and staff in which
       staff provide care, education, and therapy to the residents.      As used
       herein, the term handicapped shall mean having 1) a physical or mental
       impairment that substantially limits one or more of such person,s major
       life activities so that such person is incapable of living independently;
       2) a record of having such impairment; or 3) being regarded as having
       such impairment.    This definition shall not include persons with an
       addiction to controlled substances or alcohol, nor shall it include
       facilities engaged in the treatment of such persons, nor shall it include
       work release facilities for convicts or ex-convicts, or other facilities
       serving as an alternative to incarceration.

             HORSE TRACKS.     Facilities used for the racing of horses for
       competition on a set course involving a race between horses on which
       pari-mutuel wagering is permitted with accessory uses including, but not
       being limited to, stables, animal hospitals and temporary housing
       facilities used by persons participating in race track meetings, fairs
       or other exhibitions, but such campers shall not be available for use or
       rental to the general public, nor may they be utilized for permanent
       occupancy.

             HOSPITAL/MEDICAL FACILITY. An institution providing primary health
       services and medical.or surgical care to persons, primarily inpatients,
       suffering from illness, disease, injury, deformity and other abnormal
       physical or mental conditions, including as an integral part of the
       institution, related facilities such as laboratories, offices, outpatient
       facilities or training facilities.


                                           15











            HOTEL, MOTEL, MOTOR COURT, TOURIST COURT or MOTOR LODGE. A building
       in which lodging or boarding and lodging are provided for more than
       fourteen (14) persons primarily transient and offered to the public for
       compensation and in which room assignments are made through a lobby or
       office supervised by a person in charge at all hours. As such, it is
       open to the public as distinguished from the keeping of boarders or
       roomers or a multiple family dwelling which are herein separately
       defined.   A hotel or motel may include restaurants, taverns or club
       rooms, public banquet and conference halls, ballrooms, and meeting rooms.

            HUNTING CLUBS. A private not for profit organization of which the
       membership is characterized by certain qualifications, pays fees and
       dues, conducts regular meetings, and is regulated by by-laws, and the
       primary purpose of membership is to hunt game animals.

            INDUSTRIAL PARK. A tract of land that has been planned, developed,
       and operated as an integrated facility for a number of individual
       industrial uses, with special attention to circulation, parking, utility
       needs, aesthetics and compatibility.

            J`UNK. Any scrap, waste, reclaimable material or debris, whether or
       not stored or used in conjunction with dismantling, processing,
       salvaging, storage, baling, disposal or other use or disposition.

            JUNKYARD/SALVAGE YARD.    The use ef mere than twe hundred (20E),)
       sefaare feet ef land area in any leeatien fer the sterage er Irceeping ef
       junle fer reeyeling er salvage purpeses.         The term shall inelude
       autemebile salvaele yearsr Any area, lot, land, parcel, building, or
       structure or part thereof used for the storage, collection, processing,
       purchase, sale, or abandonment of wastepaper, rags, scrap metal, or other
       scrap or discarded goods, materials, machinery, 'or two or more
       unregistered and inoperable motor vehicles or other type of junk.

            KENNEL.    A place prepared to house, board, breed, handle or
       otherwise keep or care,for dogs or other household pets for sale or in
       return for compensation.

            LANDrILL, SANITARY. A facility designed for the safe disposal of
       municipal solid waste. Such facility shall not accept chemical, nuclear
       or other hazardous wastes.

            LAUNDROMAT.    An establishment providing washing, drying or dry
       cleaning machines on the premises for rent to or use by the general
       public for family laundering or dry cleaning purposes.

            LAUNDRY. A building or part thereof other than a laundromat where
       clothes and other articles are washed, dried and ironed.

            LIBRARIES.    An institution engaged in the custody        of books,
       manuscripts, musical scores, or other literary or artistic materials for
       use by the public but not for sale.


                                           16












              LIVESTOCK MARKET. A commercial establishment wherein livestock is
        collected for sale and auctioned off.

              LOADING SPACE. An off-street space or berth used for the loading
        or unloading of commercial vehicles.

              LODGE/ASSEMBLY HALL. The place where members of a local chapter of
        an association hold their meetings.

              LOT.   A designated parcel, tract or area of land established by
        plat, subdivision, or as otherwise permitted by law to be used,
        developed, or built upon as a unit. Such lot may consist of a single lot
        of record or a part or combination of one or more lots of record as
        provided herein.

              LOT AREA. The total area within the lot lines of a lot, excluding
        any street rights-of-way.

              LOT, CORNER.     A lot or parcel of land that at the time of
        recordation abuts upon two (2) or more streets at their intersection or
        upon two (2) parts of the same street forming an interior angle of less
        than one hundred thirty-five (135) degrees. A reverse corner lot is a
        corner lot that is turned with reference to an adjoining lot to front on
        another street. The front of such corner lot shall be deemed to be the
        shortest of the two (2) sides fronting on street.

              LOT, DEPTH OF. The average distance between the front and rear lot
        lines.

              LOT, DOUBLE FRONTAGE/THROUGH.      An interior lot fronting on two
        streets.


              LOT FRONTAGE. The minimum width of a lot measured from one side lot
        line  to the other along the ultimate street right-of-way line on which
        the lot fronts.


              LOT, INTERIOR. Any lot other than a corner lot.

              LOT LINE, FRONT. The line separating the lot from a street on which
        it fronts.

              LOT LINE, REAR. The lot lines opposite and most distant from the
        front lot line.

              LOT LINE, SIDE. Any lot line other than a front or rear lot line.

              LOT OF RECORD. A lot which exists as shown or described on..a plat
        or deed in the records of the Clerk's Office of the Circuit Court of New
        Kent County.





                                              17












             LOT WIDTH. The horizontal distance between the side lines of a lot
       measured at right angles to its depth along a straight line parallel to
       the front lot line at the minimum required building setback line.

             MACHINE AND WELDING SHOPS. Establishments engaged in the production
       of relatively small precision manufactured products or welding
       activities.

             MAIN BUILDING. See Building, Main.

             MANUFACTURE and/or MANUFACTURING. The processing and/or converting
       of raw, unfinished materials, or products, or either of them, into
       articles or substances of dif f erent character, or f or use f or a dif f erent
       purpose.

             MANUFACTURED HOME.         (Detiblewide Mebile Heme)      A strueture;_
       ti-anspeL-tahle in ene er mere seetlens 19 er mere feet in width whiela is
       helit en a permanent feundatien when attaehed te the reefali-ed utilities.
       A structure subject to federal regulations, which is transportable in one
       or more sections; is eight body feet or more in width and 40 body feet
       or more in length in the traveling mode, or is 320 or more square feet
       when erected on site, is built on a permanent chassis, is designed to be
       used as a single-family dwelling, with or without a permanent foundation,
       when connected to the required utilities, and includes the plumbing,
       heating, air conditioning, and electrical systems contained in the
       structure.

             MARINA. A facility for storing, servicing, fueling, berthing, and
       securing of pleasure boats. and whieh may inelede eating, sleeping
       retail fae!!4:ti:es fer ewners, e                -An

             MEAT, POULTRY, AND FISH PROCESSING. An establishment engaged in
       preparing meats, poultry or fish into products, not to include the
       slaughtering of animals.

             MINING, The extraction of minerals including solids such as coal
       and ores, liquids such as crude petroleum and gases such as natural
       gases. The term also includes quarrying, well operations, milling such
       as crushing, screening, washing and floatation and other preparation
       customarily done at the mine site or as part of a mining activity.

             MINI-STORAGE UNITS/WAREHOUSES. A building or group of buildings in
       a controlled access and fenced compound that contains varying sizes of
       individual, compartmentalized, and controlled access stalls or lockers
       for the storage of customer's goods or wares.

             MINIATURE GOLF.      A recreation facility comprised of simulated
       putting surfaces often incorporating physical-obstacles and open to the
       public. Such establishment shall not include golf courses.

             MINING. The extraction of minerals including solids, such as coal
       and ores, liquid such as crude petroleum, and gases such as naturaL

                                              18











        gases. The term also includes quarrying, well operation, milling such
        as crushing, screening washing and f loatation,, and other preparation
        customarily done at the mine site or as part of a mining activity.

             MOBILE HOME. A structure, transportable in one or more sections,
        which in the traveling mode is eight body feet or more in width or forty
        body feet in length, or, when erected on site, is 320 or more square
         eet, and which is built on a permanent chassis and designed to be used
        as a dwelling with or without a permanent foundation when connected to
        f

        the required utilities, and includes the plumbing, heating, air-
        conditioning, and electrical systems contained therein.

             MOBILE HOME PARK. A mobile home park shall mean any parcel of land
        upon which two (2) or more mobile homes, occupied for dwelling or
        sleeping purposes are located, or which is. held out for the location of
        any such mobile home.-

             MANUFACTURED AND MOTOR HOME SALES. A business engaged in the sale
        of motor homes and/or manufactured and mobile homes.

             MODULAR HOME. See Dwelling, Modular.

             MORTUARY/FUNERAL HOME.      A place for the storage of human bodies
        prior to their burial or cremation which may be used for the preparation
        of the deceased for burial and display of the deceased and ceremonies
        connected therewith before burial or cremation.

             NEW CONSTRUCTION.      For the purposes of determining insurance rates,
        structures for which the "start of construction" commenced on or          after
        the effective date of an initial FIRM or after December 31,               1974,
        whichever is later, and includes any subsequent improvements to such
        structures. For f loodplain management purposes, new construction" means
        structures for which the "start of construction" commenced on or          after
        the effective date of a floodplain management regulation adopted by a
        community and includes any subsequent improvements to such structures.

             NONCONFORMING LOT. An otherwise legally platted lot that does not
        conform to the minimum area or width requirements of this article for the
        district in which it is located either at the effective date of this
        article or as a result of subsequent amendments to this article.

             NONCONFORMING SIGN.      Any sign lawfully existing on the effective
        date of this article or an amendment thereto which renders such sign
        nonconforming because it does not conform to all the standards and
        regulations of the adopted or amended ordinance.

             NONCONFORMING STRUCTURE.        A. structure or building the size,
        dimensions, or location of which was lawful prior to the adoption,
        revision, or amendment to this article but which fails by reason of such
        adoption, revision or amendment to conform to the present requirements
        of this article.



                                               19










            NONCONFORMING USE.     A use of part or all of a building or other
       structure or a use of land which was lawful prior to the adoption,
       revision or amendment of this article but which fails by reason of such
       adoption, revision or amendment to conform to the present requirements
       of this article.

            

            NURSERY SCHOOL. See Childcare Center.
                                                            
            NURSING HOME. See Convalescent, Nursing or Rest Home.

            OFF-STREET PARKING AREA.       Space provided for vehicular parking
       outside the dedicated street right-of way.

            OFFICE PARK.     A development that contains a number of separate
       office buildings, supporting uses and open space designed, planned, and
       constructed and managed on an integrated and coordinated basis.

            OPEN SPACE.     Any parcel or area of land or water set aside,
       dedicated, designated or reserved for public or private use or enjoyment
       or for the use and enjoyment of owners and occupants of a land adjoining
       or neighboring such open space.

         OUTBUILDING.      A separate accessory building or structure not
       physically connected to the principal building.

            OUTDOOR STORAGE.     The keeping in an unroofed area of any goods
       junk, materials, merchandise, or vehicles in the same place for more than
       twenty-four hours.

            PAINT PELLET COMPETITIVE GAMES. An event operated on a commercial
       basis where individuals are divided into teams for the purpose of
       shooting paint pellets at each other to determine a winner. These events
       are strictly a recreational sport and not a training exercise.

            PARKING LOT, PUBLIC. An area containing one or more parking spaces
       for self-propelled passenger vehicles designed for and available to the
       public as an accommodation for patrons, customers or employees either
       with or without charge.

            PARKING SPACE.     Parking space shall mean an all-weather surfaced
       area not in a street or alley and having an area of not less than one
       hundred and sixty-two (162) square feet and dimensions of at least nine
       (9) feet by eighteen (18) feet, exclusive of driveways permanently
       reserved for the temporary storage of one vehicle and connected with a

                                             20












        street or alley by a surfaced driveway which affords ingress and egress
        for an automobile without requiring another automobile to be moved.

              PARKS/PLAYGROUNDS. An open space designed for the use of residents
        of a neighborhood or community for passive or active recreation or for
        conservation purposes which is not to be designed or used for commercial
        or business purposes.

              PARTY WALL. A common shared wall between two separate structures,
        buildings or dwelling units.

              PERMIT.   Written governmental permission issued by an authorized
        official empowering the holder thereof to do some act not forbidden by
        law but not allowed without such authorization.

              PERMITTED USE. Any use allowed in a zoning district and subject to
        the restrictions applicable to that zoning district.

              PHOTOCOPY SERVICE.     A business that reproduces drawings, plans,
        maps, or other copy by means of photocopying.

              PLANNED UNIT DEVELOPMENT.       A development which may contain the
        following uses:       Single-family residences, apartments, townhouses,
        commercial and light industrial uses.        Location of all uses shall be
        controlled in such a manner as to permit a variety of land uses in an
        orderly relationship to one another.

              PLANT NURSERIES. Land or greenhouses used to raise flowers, shrubs,
        and plants for sale.

              PORCH. A roofed open area which may be glazed or screened, attached
        to or part of and with direct access to or from a building.

              

              PREMISES. A lot parcel, tract or plot of land together with the
        buildings and structures thereon.

              PRIMARY HIGHWAY. A highway designated as a state primary highway
        or U.S. highway by the adopted comprehensive plan of New Kent County or
        by the. Virginia Department of Transportation.
              

                                              21













             PRINCIPAL BUILDING. See     Building, Main.

             PRINCIPAL USE. The primary or predominate use of any lot.

             PRINT SHOPS.     A retail establishment that provides duplicating
       services using photocopy, blueprint, and offset printing equipment,
       including collating and printing of booklets and reports.
             PRIVATE CLUB OR LODGE. See Club, Private.

             PRIVATE SCHOOL. Any building or group of buildings the use of which
       meet state requirements for primary, secondary or higher education and
       which use does not secure the maj or part of its funding from any
       governmental agency.

             PRIVATE YARD. A single area adjacent. to a dwelling unit maintained
       directly by the owner of the unit.

             PROFESSIONAL OFFICE.      The of f ice of a member of a recognized
       profession maintained for the conduct of that profession.

             PUBLIC ACCESS EASEMENT. Any area through which ingress and egress
       is not restricted or limited to any individual occupant of the
       development or quest.

             PUBLIC BUILDING.    A building or part thereof owned or leased and
       occupied and used by an agency or political subdivision of the United
       States of America, the Commonwealth of Virginia, a county, town or city.

             PUBLIC SEWER AND WATER SYSTEMS. Any system other than an individual
       septic tank, tile field or individual well designed to furnish water on
       the premises where the well is located, that is operated by a
       municipality, governmental agency, or a public utility for the
       collection, treatment and disposal of waste and the furnishing of potable
       water. The term shall include all equipment and structures, all water
       and sewer mains, pipes, valves, pumping stations, and all other
       facilities, equipment and structures necessary for furnishing water and
       sewer.

             PUBLIC/PRIVATE WATER AND SEWER. Any system other than an individual
       septic tank, tile field or individual well designed to furnish water on
       the premises where the, well is located, that is operated  a
       municipality, governmental agency, public utility or private corporation
       for the collection, treatment and disposal of waste and the furnishing
       of potable water. The term shall include all equipment and structures,

                                              22










       all water and sever mains, pipes, valves, pumping stations, and all other
       facilities, equipment and structures necessary for furnishing water and
       sewer.

            PUBLIC/PRIVATE UTILITY FACILITIES. Telephone, electric and cable
       television lines, poles, equipment, structures, gas pipes, mains, valves,
       or structures, telephone exchanges and repeater stations and all other
       facilities, equipment and structures necessary for conducting a service
       by a government or public utility.

            RECREATIONAL VEHICLE. A vehicle which is:      (a) built on a single
       chassis; (b) 400 square feet or less when measured at the largest
       horizontal projection; (c) designed to be self-propelled or permanently
       towable by a light duty truck; and (d) designed primarily not for use as
       a permanent dwelling but as temporary living quarters for recreational
       camping., travel, or seasonal use.

            RECYCLING CENTERS. An establishment where inorganic waste materials
       are collected and processed so they may be reduced to raw materials and
       transformed into new and often different products.

            REGULATIONS. The whole body of regulations, text, charts, tables,
       diagrams, maps, notations, references and symbols contained or referred
       to in this article.

            RENTAL UNIT. A dwelling unit intended for rental to transients on
       a day-to-day or week-to-week basis but not intended for or used as a
       permanent dwelling.

            REQUIRED OPEN SPACE. Any space required in any front, side or rear
       yard or that area required for open space/recreation within a
       development.

            RESEARCH CENTERS. A building or group of buildings in which are
       located facilities for scientific research, investigation, testing, or
       experimentation, but not facilities for the manufacture or sale of
       products, except as incidental to the main purpose of the laboratory.
       Such centers shall not include the use, production, or storage of radio
       active atomic and sub-atomic elements and particles in quantities
       sufficient for the large scale production of electricity or thermonuclear
       exploding devices, nor shall they include the collection, treatment, or
       disposal of hazardous or medical wastes.

            RESIDENCE. A home, abode, or place where an individual is actually
       living at a specific point in time.

            RESTAURANT.    Any building in which-, @ for compensation, -food or.
       beverages are prepared to be dispensed for consumption on or off the
       premises including, among other establishments, cafes, tea rooms,
       confectionary shops and fast food facilities.

            REST HOME. See Convalescent, Nursing or Rest Home.

                                          23











            RETAIL SALES AND SERVICE. Establishments engaged in selling goods
       or merchandise to the general public for personal or household
       consumption and rendering services incidental to the sale of such goods
       exclusive of coal, wood, and lumber yards, and discount building supply
       stores. The following serves as an illustration of permitted uses: drug
       store, news stand, food store, candy shop, milk dispensary, dry goods and
       notions store, antique store and gift shop, hardware store, household
       appliance store, furniture store, florist, optician, audio equipment
       store, tailor shop, barber shop and beauty shop.

            

            ROOMING HOUSE. See Board House.

            

            SANITARY LANDFILL. A land site on which engineering principles are
       utilized to bury deposits of solid waste without creating nuisances or
       hazards to the public health or safety which is approved by the
       appropriate governmental agencies.

            SATELLITE DISH ANTENNA.     A round,, parabolic antenna intended to
       receive from orbiting satellites and other sources. Noncommercial dish
       antennas are defined as being less than four meters in diameter, while
       commercial dish antennas are usually larger than four meters and
       typically used by broadcasting stations.

            SAWMILL. A permanent facility for processing of timber into lumber
       which received timber cut from property other than that on which the
       facility is located.

            SAWMILL, PORTABLE. A portable sawmill located on private property
       for the processing of timber cut only from that property or from property
       immediately adjacent thereto.

            SCHOOL.     Any building or part thereof which is designed,
       constructed, or used for educational instruction in any branch of
       knowledge.

            SCHOOL, PUBLIC.   Any building- or group -of -buildings, the use of
       which meets state requirements for primary or secondary education and
       which receives the major part of its funding through governmental
       agencies and which is under the control of the School Board of New Kent
       County.                             24











             SEASONAL USE. A use carried on for only part of the year such as
       outdoor swimming during the summer months or skiing during the winter
       months.

             SECONDARY HIGHWAY.    A highway designated as a State Secondary
       Highway by the adopted Comprehensive Plan of New Kent County or by the
       Virginia Department of Transportation.

             SETBACK. The minimum distance by which any building or structure
       must  be separated from the front lot line.

             SHOPPING CENTER.   A group of stores, shops and other commercial
       establishments within a single architectural unit sharing access, parking
       and other common areas.

             SIGNS. For definitions pertaining to signs, see Division 19 of this
       article.

             SITE PLAN. The development plan for one or more lots on which is
       shown the existing and proposed conditions of the lot, including
       topography, vegetation, drainage, flood plains, marshes and waterways,
       open spaces, walkways, means of ingress and egress, utility services,
       landscaping, buildings structures and signs, lighting and screening
       devices, and any other information required by the terms of this article.

             SPECIAL EXCEPTION. The term "special exception" shall be synonymous
       with the term "conditional use".


             STABLE.  A structure that is used f or the shelter of horses and
       cattle.

             START OF  CONSTRUCTION.   The date the building permit was issued
       provided the   actual start of construction, repair, reconstruction,
       rehabilitation, addition, placement, or other improvement was within 180
       days of the permit date.       The actual start means either the first
       placement of permanent construction of a structure on site, such as the
       pouring of slab or footings, the installation of piles, the construction
       of columns, or any work beyond the stage of excavation; or the placement
       of a manufactured home on a foundation. Permanent construction does not
       include land preparation, such as clearing, grading and filling; nor does
       it include the installation of streets and/or walkways; nor does it
       include excavation for a basement, footings, piers, or foundations or the
       erection of temporary forms; nor does it include the installation on the
       property of accessory buildings, such as garages or sheds not occupied
       as dwelling units or not part of the main structure. For a substantial
       improvement, the actual start of construction means the first alteration
       of any wall, ceiling,. floor, or other structural part of a building,
       whether or not the alteration affects the external dimensions of the
       building.

             STGT= PRIMARY SURFAeE. An lmaej@inary plane, three hundred (39G) feet
       wide, eentered in the L-anway. its length extends ene hundred (100) feet-

                                           25











       beyend eaeh runway end.      The elevatlen ef any Peint en the
       surfaee is the same as the elevatlen ef the nearest peint en the L=unway
       eenter 1'

             STORY. That portion of a building included between the surface of
       any floor and the surface of the floor next above it, or if there be no
       floor above it then the space between the floor and the ceiling.

             STORY, HALF. A space under a sloping roof which has the line of
       intersection of roof decking and wall face not more than three (3) feet
       above the top floor level and in which space possible floor area with
       headroom of five (5) feet or less occupies at least forty percent (40%)
       of the total floor area of the story directly beneath.


             STREET, CENTER LINE.    The center line of a street shall mean the
       center line thereof as shown in any official records of the County or as
       established by the Virginia Department of Transportation.         If no such
       center line has been established, the center line of a street shall be
       a line lying midway between the sidelines of the ultimate right-of-way
       thereof.

             STREET, COLLECTOR. A street that will carry the largest volume of
       traffic at higher speeds within a residential subdivision. Such streets
       may carry traffic from one neighborhood to another or from the
       neighborhood to other areas of the community.

             STREET LINE. The line between a lot, tract or parcel of land and
       a contiguous street.

             STREET, ROAD. A public or private thoroughfare which affords the
       principal means of access to abutting property.

             STRUCTURE. A combination of materials to form a construction for
       use, occupancy, or ornamentation whether installed on, above, or below
       the surface of land or water.

             STRUCTURAL ALTERATION. Any change in either the supporting members
       of a building such as bearing walls, columns, beams, and girders or in
       the dimensions or configurations of the roof or exterior walls.

             STRUCTURE.    Anything constructed or erected, the use of which
       required permanent locations on the ground, or attachment to something
       having a permanent location on the ground. This includes, among other
       things, dwellings, buildings, towers, antennas, satellite dishes, etc.
       It does not include fences or signs.

            -SUBDIVISIONS, SINGLE FAMILY@ The- division: of a.-lot, -tract or parcel
       of land into two or more lots, tracts, parcels, or other divisions of
       land for sale, development or lease of single family dwelling units.



                                             26










             SUBSTANTIAL DAMAGE. Damage of any origin     sustained by a structure
        whereby the cost of restoring the structure to its before damaged
        condition would equal or exceed 50 percent of     the market value of the
        structure before the damage occurred.

             SUBSTANTIAL IMPROVEMENT.       Any reconstruction, rehabilitation,
        additional, percent of the market value of the structure before the
         start of construction" of the improvement.           This term includes
        structures which have incurred "substantial damage" regardless of the
        actual repair work performed.      The term does not, however, include
        either:    (1) any project for improvement of a structure to correct
        existing violations of state or local health, sanitary, or safety code
        specifications which have been identified by the local code enforcement
        officials and which are the minimum necessary to assure safe living
        conditions or (2) any alteration of a "historic structure", provided that
        the alteration will not preclude the structure's continued designation
        as a "historic structure.".

             SWIMMING POOL. A water-filled enclosure permanently constructed or
        portable having a depth of more than eighteen (18) inches below the level
        of the surrounding land or an above-surface pool having a depth of more
        than thirty (30) inches designed, used and maintained for swimming and
        bathing.

             TEMPORARY STRUCTURE, A structure without any foundation or footings
        and which is removed when the designated time period, activity, or use
        for which the temporary structure was erected has ceased.

             TEMPORARY USE. A use established for a fixed period of time with
        the intent to discontinue such use upon the expiration of the time
        period.

             TENANT HOUSE. Living quarters within a portion of a main building
        or in an accessory building located on the same lot with the main
        building used for persons employed on the premises.

             THEATERS, ENCLOSED. An enclosed building or portion thereof devoted
        to showing motion pictures, or for dramatic, musical or live
        performances.

             TOURIST HOME. An establishment in a private dwelling that supplies
        temporary accommodations for up to fourteen (14) overnight guests for a
        fee.

             TOWNHOUSE. A one (a) f amily dwelling in a row of at least three (3)
        such units in which each unit has its own front and rear access to the
        outside, -no unit is located over another unit and each unit is separated
        from any other unit by one or more common fire resistant walls.

             TRAVEL TRAILER. A mobile unit which is less than thirty-two (32)
        feet in length and less than eight (8) feet in width which is designed
        to be towed by a car  or truck and designed for human habitation.

                                            27












             TRUCK/HEAVY EQUIPMENT SALES.      A business engaged in the sale of
       utility vehicles and tractor trailers greater than ten thousand (10,000)
       pounds gross vehicle weight, surface grading and excavation equipment,
       bulldozers, front end loaders, and similar type vehicles and equipment.

             TRUCK STOP. Any building, premises, or land in which or upon which
       a business, service or industry involving the maintenance, servicing,
       storage or repair of commercial vehicles is conducted or rendered
       including the dispensing of motor fuel or other petroleum products
       directly into motor vehicles, and the sale of accessories or equipment
       for trucks or similar commercial vehicles. A truck stop also may include
       overnight accommodations and restaurant facilities primarily for the use
       of truck crews.

             TRUCK TERMINAL. An area or building where cargo is stored and where
       trucks load and unload cargo on a regular basis.

             TURKEY SHOOT. A shooting match or similar activity conducted by a
       nonprofit organization involving the discharge of firearms at a target
       or targets with the object of such activity being to determine a winner
       of a prize such as a turkey or park ham or other food stuf f or other
       prize.

             

             VARIANCE.    Permission to depart from the literal requirements of
       this article granted by the Board of Zoning Appeals.


             VETERINARY CLINICS. A facility engaged in the medical diagnosis and
       treatment of animals.

            

             WAREHOUSE. A building used primarily for the storage of goods and
       materials.

             WATER IMPOUNDMENT. A body of water, the storage of which is caused
       by a dam.or other impounding structure.

             WATERWAY. Any body of water including any creek, canal, river or
       lake or any other body of water, natural or artificial, except a swimming
       pool or ornamental pool located on a single lot.


                                              28










            WATERWAY LINE. A line marking the normal division between land and
       a waterway as established by the Zoning Administrator or other County
       requirements.

            WATER WELL FIELD. A publicly owned facility engaged in the pumping
       of water from aquifers and artesian wells for public distribution.

            WAYSIDE STAND, ROADSIDE STAND or MARKET. Any structure or land used
       for the sale of agricultural or horticultural produce, livestock or
       merchandise produced by the owner or his family on their farm.

            WHOLESALE BUSINESS AND DISTRIBUTION CENTERS.       Establishments or
       places of business primarily engaged in selling merchandise to retail,
       industrial, commercial, institutional, or professional and business users
       or other wholesalers. Such establishments or business may also act as
       agents or brokers and buying merchandise for, or selling merchandise to,
       such establishments or businesses.

            WOOD LOADING YARDS. A facility used for loading raw timber onto
       barges, trains, or trucks for transport to processing facilities.

            WOOD PRESERVING OPERATIONS.     A facility engaged in the chemical
       treatment of lumber for purposes of long term preservation from exposure
       to weather.

            WOOD YARDS. A facility engaged in the storage and sale of timber
       and lumber.

            YACHT CLUB. A group of buildings and structures designed to provide
       boating and sailing facilities for a group of persons organized as an
       entity characterized by certain membership qualifications, payment of
       fees and dues, regular meetings and a constitution and bylaws.

            YARD. An open space that lies between the principal or accessory
       building or buildings and the nearest lot line. Such yard is unoccupied
       and unobstructed from the Ground upward except as may be specifically
       provided in this article.

            YARD, FRONT. An open space on the same lot as a building between
       the front line of the building (excluding steps) and the front lot or
       street line, and extending across the full width of the lot.

            YARD, MEASUREMENT.    In measuring yard size, the line of measure
       shall be taken perpendicular from the building line to the nearest lot
       line of the building or group of buildings nearest to such lot line.
       This measure shall be taken from a point on the -building line nearest the
       lot line.

            YARD, REAR.   A space extending across the full width of the lot
       between the principal building and the rear lot line. Such rear yard is
       unoccupied and unobstructed from the ground upward except as may be
       permitted in this article.

                                           29










            YARD, SIDE. A space extending from the     front yard to the rear yard
       between the principle building and the side lot line. Such side yard is
       unoccupied and unobstructed from the ground upward except as may be
       permitted elsewhere in this article.

            ZONING ADMINISTRATOR. The Director of Planning of New Kent County.

            ZONING MAP. The map described in Section 9-39 of this article.

            ZONING PERMIT.    A document signed by the authorized official and
       required in this article as a condition precedent to the commencement of
       a use or the erection, construction, reconstruction, restoration,
       alteration, conversion or installation of a structure or building which
       acknowledges that such use, structure or building complies with the
       provisions of this article or an authorized variance therefrom.

            ZOOLOGICAL GARDENS. A place where live, nonindigenous animals are
       kept for educational displays.    (9/14/87) (12/11/89) (2/12/90) (10/8/90)
       (11/28/90)

       Sec. 9-38. Application of article.


            Except as provided in this article, no building or structure shall
       be erected, moved, altered, or extended and no. land, building or
       structure or part thereof shall be occupied or used unless in conformity
       with the requirements specified in this article for the district in which
       it is located.

       Sec. 9-39. Zoning districts and map.

            A.   For the purpose of this article, the County of New Kent,
       Virginia, is hereby divided into the following districts which are shown
       on the map included as a part of this article:

                 Conservation, C-1
                 Agricultural, A-1
                 Rural Residential, R-R
                 Single-Family Residential, R-0, R-OA, R-1, R-1A
                 General Residential, R-2, R RA
                 Multiple Family Residential, R-3
                 Mobile Home Park, MHP
                 Business General, B-1
                 Business Limited, B-2
                 ReseaL-eh, Engine- *1.1, -114 Gf f lee, B 3
                 Warehousing and Limited Industrial, M-1
                 Heavy Industrial, M-2

            B.   The official boundaries of these zoning districts are
       established on a set of maps on f ile in the of f ice of the Zoning
       Administrator which are entitled "Certified Zoning Maps of the County of


                                            30











       New Kent".     These maps are hereby incorporated in this article by
       reference as though set forth in their entirety herein.

       Sec. 9-40. Zoning Permit required.

            A.    All buildings, structures,   signs or other uses of property'
       shall be started, reconstructed, enlarged or altered only after a zoning
       permit has been obtained from the Zoning Administrator.        The use for
       which the zoning permit is issued shall be commenced within one (1) year
       of the date of the permit. If the use is not commenced within one (1)
       year, the permit shall be null and void and a new permit shall be
       required.

            B.    Each application for a zoning permit involving land disturbing
       activity in excess of 2,500 square feet, shall be accompanied by a copy
       of a survey completed by a certified land surveyor, professional engineer'
       or landscape architect. The survey and application shall indicate the
       size and shape of the parcel of land on which the proposed building is
       to be constructed, the nature of the proposed use of the building to be
       constructed, the location of such building or use with respect to the
       property lines of said parcel of land and with respect to the right-of-
       way of any street or highway adjoining said parcel of land. The survey
       shall also indicate the location of the drainfield and reserve drainfield
       location, erosion and sediment control devices, any vegetation needed
       to be preserved under Article VI of this chapter, and any other
       information which the Zoning Administrator may deem necessary for
       consideration of the application. Applications involving disturbance of
       less than 2,500 square feet shall be accompanied by a drawing roughly
       showing those items required by the survey above.

            C.    In the event that the Health Department finds it necessary or
       more feasible to alter the location of the septic tank and drain field
       after land disturbing activity has begun, the director of planning shall
       administratively note the changes on the survey. No change made in the
       location of septic tank and drain field sites or erosion and sediment
       control measures will be permitted unless water quality standards set
       forth in this chapter can be maintained. (11/29/91)

       Sec. 9-41. Fees.

            Applications submitted for various permits and approvals are
       required to be accompanied by the fees hereinafter set forth.

            A.  Application for Zoning Permit -- $25-00
            B.  Application for Conditional Use Permit -- $100.00
            C.  Application for Rezoning -- $350.00
            D.    Application for Variance to the Board of Zoning' Appeals
                  $500.00
            E.    Application for an Appeal to the Board of Zoning Appeals
                  $500.00
            F.  Application for site Plan Approval -- $100.00
            G.  Application for Agricultural and Forestal District       $300.00

                                           31











                 (8/14/89)

       Sec. 9-42. Enforcement authority.

            This article shall be enforced by the Zoning Administrator who shall
       be appointed by the governing body.

       Sec. 9-43. Interpretation.

            Unless district boundary lines are fixed by dimensions or otherwise
       clearly shown or described, and where uncertainty exists with respect to
       the boundaries of any of the aforesaid districts as shown on the zoning
       map, the following rules shall apply:

            A.   Where district boundaries are indicated as approximately
       following or being at right angles to the center lines of, streets,
       highways, alleys, or railroad main tracks, such center lines or lines at
       right angles to such center lines shall be construed to be such
       boundaries, as the case may be.

            B.   Where a district boundary is indicated to follow a river,
       creek, or branch or other body of water, said boundary shall be construed
       to follow the center line at low water or at the limit of the
       jurisdiction, and in the event of change in the shoreline, such boundary
       shall be construed as moving with the actual shoreline.

            C.   Where district boundaries are so indicated that they
       approximately follow the lot lines, such lot lines shall be construed to
       be the boundaries.

            D.   Where district boundaries are so indicated that they are
       approximately parallel to the center lines or street lines of streets or
       the center lines or right-of-way lines of highways, such district
       boundaries shall be construed as being parallel thereto, and at such
       distances therefrom as indicated on the zoning map. If no distance is
       given, such dimension shall be determined by the use of the scale shown
       on the zoning map.

            E.   If no distance, angle, curvature, description or other means
       is given to determine a boundary line accurately and the foregoing
       provisions do not apply, the same shall be determined by the use of the
       scale shown on said zoning map.     In case of subsequent dispute, the
       matter shall be referred to the Board of Zoning Appeals which shall
       determine the boundary.

            F.   Whenever any street or public way is vacated by official
       action, the zoning districts adjoining the side of such public way shall
       be automatically extended to include the right-of-way that has been
       vacated, which shall be subject to all regulations of the extended
       district or districts.   Where the vacated right-of-way is bounded on
       either side by more than one district, the former center line of the
       right-of-way shall determine the extension of each district.

                                          32










            G.    Uses not specifically permitted within a district are
       prohibited.
            H.    All charts, drawings and graphs included in this article are
       for the convenience of the user.      If any conflict exists between the
       written text of the ordinance and any chart, drawing or graph, the
       written text of the ordinance shall control.

       Sec. 9-44. One principal buildina or use per lot.

            Every building hereafter erected, reconstructed, converted, moved
       or structurally altered shall be located on a lot of record and in no
       case shall there be more than one principal building or use on one lot
       unless otherwise specifically provided in this article. Agricultural or
       forestal buildings or uses may be constructed or conducted on lots upon
       which there is a single-family dwelling.          More than one principal
       building or use may be permitted in the B-1, B-2, B-3, M-1, and M-2
       districts.

       Sec. 9-45. Accessory buildings and uses.

            A.    Accessory buildings or uses as defined by this article are only
       permitted  on:

            1.    Lots with existing permitted principal buildings.

            2.    Lots on which a building permit for a permitted principal
                  building has been issued.

            3.    Lots adjacent to a lot with the principal building when both
                  lots are owned by the same person. This prohibition shall not
                  apply to accessory buildings such as barns, sheds, etc.,
                  constructed in conjunction with a bona fide farming operation
                  and normally associated with farming uses.          No accessory
                  building on a farm or otherwise shall be used for dwelling
                  purposes unless specifically allowed elsewhere in this article.
                  Accessory uses require a zoning permir-.       Unless otherwise
                  specifically provided, no accessory building or structure shall
                  be permitted in the front yard area of a permitted use in any
                  zone designated with an "R" classification.

            B.    Subject to the conditions of paragraph A of this section,
       accessory uses and structures are permitted in any zoning district unless
       specifically prohibited elsewhere in this article.

            C.    The following accessory uses or structures shall be permitted
       in conjunction with a residence:

            1.    Antenna   structures    for   radio,    television    and    other
                  noncommercial communication purposes.




                                            33










            2.   Barns or other structures that are customarily incidental to
                 an agricultural use in the C-1 or A-1 districts or when used
                 in conjunction with permitted animal husbandry activity.

            3.   Carports, garages, utility sheds and similar storage facilities
                 customarily associated with residential living.

            4.   Children's playhouses limited to one hundred twenty (120)
                 square feet in floor area and without plumbing.

            5.   Doghouses, pens or other similar structures for  the housing of
                 household pets.

            6.   Home occupations in accordance with the following conditions:

                 a .  There: shall be no display visible from the right-of -way
                      or adjacent properties other than a sign not to exceed
                      four (4) square feet in size stating only the name of the
                      occupant and/or the home occupation.

                 b.   All activities associated with a      home occupation in
                      residentially zoned districts shall not utilize over five
                      hundred (500) square feet of enclosed structure per
                      parcel.

                 C.   For all  activities associated with a home occupation in
                      an A-1  agricultural district which require a detached
                      structure, such detached structure shall not exceed one
                      percent (1%) of the size of the parcel.      Additionally,
                      this structure shall not exceed 5,000 square feet per
                      parcel, regardless of size, without a conditional use
                      permit.

                 d.   There shall be no individuals other than family members
                      residing on the premises employed at the site of the home
                      occupation.

                 e.   There shall be no outside storage associated with the home
                      occupation.

                 f.   Parking shall be provided for anticipated visitors,
                      clients, or customers, etc., on site in a manner which
                      does not alter the exterior appearance of the property in
                      such a way as to cause an appearance which is
                      nonresidential in character.

                 9.   The home occupation shall be clearly incidental and
                    .,.subordinate.to.-the residential.use-of the.property.

                 h.   There shall be no change in the outside appearance of the
                      building or premises or other visible evidence of the
                      conduct of such home occupation.

                                          34











                 i.    All public contact related to such home occupation shall
                       be limited to the period between 8:00 a.m. and 8:00 p.m.,
                       Monday through Saturday.

                 j.    In all residential districts, no more than one business
                       vehicle and one piece of equipment shall be operated f rom
                       the site or stored on site overnight.

                 k.    The following activities and uses shall not be permitted
                       as home occupations, nor shall activities determined by
                       the Zoning Administrator to be sufficiently similar in
                       terms of type, scale and impact be permitted:

                            Vehicle repair and services
                            Antique shops
                            Funeral homes
                            Gift shops
                            Restaurants
                            Commercial stables or kennels
                            Boarding homes
                            Tourist homes
                            Daycare or babysitting for more than ten (10)
                            children inclusive of children of the operators
                            immediate family.

            7.   Parking or storage of small cargo or utility trailers,
                 -recreational vehicles and similar equipment including but not
                 limited to boats, boat trailers, motor homes, tent trailers and
                 horse vans provided such equipment shall not be used for
                 living, housekeeping, or business purposes when parked or
                 stored on the lot, and that wheels or transporting devices
                 shall not be removed except for necessary repairs.

            8.   Outdoor recreational facilities such as swimming pools, tennis
                 courts, basketball courts, private boat docks, piers or boat
                 houses provided that use of such facilities shall be limited
                 to occupants of the premises and guests for whom no admission
                 or membership fees are charged.

            9.   Fences or walls which are neither electrified nor constructed
                 of barbwire, which do not block site triangle easements at
                 intersections and which are no higher than four (4) feet in the
                 front yard and six (6) feet in the side and rear yards.

            10.  Roadside stands when located in the A-1 district provided that
                 such stands shall be limited to the sale of produce grown or
                 raised on the premises and shall provide off-street parking for
                 not less than three (3) vehicles.

            11.  Other uses and structures of a similar nature which are
                 customarily associated with and incidental to residential uses
                 and do not constitute or create the potential for nuisance

                                          35











                 situations which will adversely affect the health, safety and
                 general welfare of adjoining or nearby residents.

            12.  In-ground or partially in-ground outdoor swimming pools shall
                 meet the minimum yard setback distances for principal buildings
                 for each particular zoning district as specified in this
                 article but may be located in either f ront, side or rear yards.
                 In-ground swimming pools shall be located no closer than
                 fifteen (15) feet to any rear lot line.      A minimum distance
                 from the nearest portion of the principal building to the
                 closest portion of the swimming pool structure shall not be
                 less than ten (10) feet. All in-ground swimming pools shall
                 be surrounded by a suitable fence with a self-latching gate at
                 least four (4) feet but no more than six (6) feet in height.

            13.  Guest houses as an accessory use to a residence in agricultural
                 zones only.

            D.   The following accessory uses shall be permitted in conjunction
       with commercial and industrial uses.:

            1.   Uses intended specifically for the use and benefit of the
                 employees of the principal use such as snack bars, cafeterias,
                 recreation facilities, and similar uses.

            2.   other uses and structures of a similar nature which are
                 customarily associated with and incidental to commercial or
                 industrial uses.

            E. The following accessory uses shall be permitted in conjunction
      .with a mobile home park provided they are designed and situated for the
       specific use of the park occupant:

            1.  Laundromats.

            2.  Office space for managers.

            3.   Retail convenience stores, provided the mobile home park is
                 larger than twenty-five (25) acres in size.

            F. The following accessory uses and none other shall be permitted
       in conjunction with apartment or condominium developments in the R-3
       district:

            1.   outdoor recreational  facilities such as swimming pools, tennis
                 courts, basketball    courts, private boat docks piers, or
                 boathouses provided that use of such facilities shall be
              .....-limited to-occupants of-the premises and guests.;

            2.   Laundry and storage    areas for use of the occupants of the
                 development.


                                           36











             3.   One office to be located within the complex and to be used as
                  facilities for the management of the development.

             4.   Garages provided, however, that if garages are provided, they
                  shall have a floor area of not less than two hundred and forty
                  (240) square feet. No garage or accessory building shall be
                  placed closer to the side or rear property line than fifty (50)
                  feet when abutting a residential or agricultural zoning
                  district; in all other cases this distance may be reduced to
                  twenty-five (25) feet. Each group of attached garages shall
                  have a joint capacity of not more than ten (10) vehicles
                  arranged in a row and there shall be a minimum distance of
                  twelve (12) feet between such structures.    The architectural
                  design and materials used in the construction shall conform to
                  the design and building materials used in the construction of
                  the apartment or condominium buildings. No part of any such
                  garage or other accessory building shall be used for living
                  purposes.

             5.   Antenna structures as provided for in the A/1 district
                  regulations.

             6.   Home occupations under the same conditions as are set forth in
                  subparagraph C-6 of this section.

             7.   Parking or storage of small cargo or utility trailers,
                  recreational vehicles and similar equipment, provided special
                  separate parking areas are included for the same.

             8.   Fences or walls which are neither electrified nor constructed
                  of barbed wire and which do not block site triangle. easements
                  and intersections.

        Sec. 9-46. Violations and penalties.

             A.   All departments, officials and public employees of this
        jurisdiction which are vested with duty or authority to issue permits or
        licenses shall conform to the provisions of this article.      They shall
        issue permits for uses, buildings or purposes only when they are in
        harmony with the provisions of this article. Any such permits, if issued
        in conflict with the provisions of this article, shall be null and void.

             B. Any person, firm or corporation, whether as principal, agent,
        employee or otherwise, violating, causing or permitting the violation of
        any of the provisions of this article shall be guilty of a misdemeanor
        and, upon conviction thereof, may be fined up to one thousand dollars
        ($1,000). Such person, firm or corporation shall be deemed to be guilty
        of a separate offense for each and every day during which any portion of
        any violation of this article is committed, continued or permitted by
        such person, firm or corporation, and shall be punished as herein
        provided.


                                           37










            C. Nothing in this section shall be construed as to prohibit the
       Zoning Administrator from applying to the appropriate court of New Kent
       County to restrain, correct or abate any violation of this article by
       injunction or other appropriate proceedings.

       Sec. 9-47. Conflicting laws.

            Whenever the requirements of this article require a greater width
       or size of yards, courts or other open spaces, require a lower height of
       building or less number of stories, require a greater percentage of lot
       left unoccupied or impose other higher standards than are required in any
       other statute, ordinance or regulation, provisions of this article shall
       control. Whenever the provisions of any other statute or ordinance or
       regulation require a greater width or size of yards, courts or other open
       spaces, require a lower height of building or a less number of stories,
       require a greater percentage of lot to be left unoccupied or impose other
       higher standards than are required by this article, then the provisions
       of such statutes or ordinances or regulations shall control.

       Sec. 9-48. Effective date.

            A.  The zoning ordinance adopted by the New Kent County Board of
       Supervisors on November 14, 1966, became effective at 12:01 a.m., January
       3, 1967.  All amendments thereto and other provisions of this article
       shall become effective on the date of adoption.

            B.  A copy of this article shall be f iled in the of f ice of the
       County Administrator of New Kent County and in the office of the Clerk
       of the Circuit Court of New Kent County, Virginia.

            C. Nothing contained herein shall require any change in the plans
       or construction of any building or structure f or which a permit was
       granted prior to the effective date of this article.       However, such
       construction must commence within thirty (30) days after this article
       becomes effective. If construction is discontinued for a period of six
       (6) months or more, further construction shall be in conformity with the
       provisions of this article for the district in which the operation is
       located.

            D.  If any section, subsection, paragraph, sentence, clause, or
       phrase of this ordinance shall be declared invalid for any reason
       whatever, such decision shall not affect the remaining portions of this
       ordinance. The remaining portions shall remain in full force and effect;
       and for this purpose the provisions of this ordinance are hereby declared
       to be severable. (10/8/90)

       Sec. 9-49. Amendments.

            The regulations, district boundaries or classifications of property
       established by this article may, from time to time, be amended,
       supplemented, changed or repealed by ordinance adopted by the Board of
       Supervisors, provided:             38











            A.   That public notices be given and public hearings be held in
       accordance with the requirements of State Law.

            B. Action shall be taken by the governing body only after a report
       has been received from the commission, unless a period of ninety (90)
       days has elapsed from the date the proposed change(s) was submitted to
       the commission. After such time the change or amendment shall be deemed
       approved by the commission.

            C. Applications for amendments to the ordinance or rezonings shall
       be in such form and contain such information as is required by the Zoning
       Administrator.

            D. All applications for amendment of a zoning classification shall
       contain a statement by the owner granting permission for the erection of
       signing announcing the proposed change on the premises.       The Zoning
       Administrator may erect appropriate signing on the premises during the
       time the application is pending to provide additional notice to
       interested persons.

            E. No application for rezoning shall be considered by the planning
       commission or the governing body, if the same request has been denied
       within twelve (12) months of the date that the application is submitted.

       Secs. 9-50 through 9-55. Reserved for future legislation.




























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            Division 2. General Area, Frontage, Yards, Height, Setback
                       Performance Reauirements and Standards
                             Applicable in All Districts.

       Sec. 9-56. Purpose and intent.

            The purpose of this division is to provide those regulations which
       shall apply in all zoning districts.     These regulations shall be in
       addition to any specific regulations contained within any zoning
       classification and in the event of a conflict between these regulations
       and those contained within a particular zoning district, then the
       regulations within the particular zoning district shall apply. For the
       convenience of the user of this article, a chart entitled "General Lot,
       Yard and Height Requirements --New Kent County Zoning Ordinance" is
       incorporated as a part of this section. This chart is for convenience
       only and in the event of a conflict between the' chart and the
       requirements set f orth in this article for each zoning district, the
       requirements set forth in this article for each district shall control.

































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        Sec. 9-57,  Gen eral area and 1ot requirements.

            A. Conformity with the area regulations; reduction prohibited. No
       building or structure shall be erected, structured, converted, enlarged,
       structurally altered or moved on a lot or moved to another lot unless
       such building or enlargement conforms with the area regulations of the
       district on which the building is located. No lot shall be reduced in
       size so as to produce a parcel which is not in conformity with these
       regulations unless the parcel is combined with other property to produce
       a conforming lot or unless said parcel is needed and accepted for public
       use.


            B.  Exclusions from minimum lot area computation.      The following
       areas shall not be included as part of a lot for the purpose of computing
       the required minimum area:

            1.   Any existing or required  right-of-way established by easement
                 or dedication.

            2.   Any area contained within an easement area for overhead high
                 voltage utility lines.

            3.   Any area within the flood plain or subject to periodic or
                 occasional inundation.

            C.   Required front yard   and area for lots on rights-of-way less
       than fifty (50) feet in width.

            1.   Where a building lot  has frontage upon a right-of-way which is
                 less than fifty (50) feet in width, the area of the lot shall
                 be increased in such  a manner as to permit the future widening
                 of the right-of-way   without the resulting effect of creating
                 a nonconforming situation.

            2.   The Zoning Administrator may require additional front yard
                 setbacks for any new construction or for any structures altered
                 or remodeled adjacent to existing or future planned rights-of-
                 way, in order to preserve and protect the rights-of-way for
                 future street or highway widening.

            D.   Consolidation of conticruous lots under a common ownership uloon
       which structures exist or are proposed.

            1.   Lots of record which are contiguous and owned by the same
                 person may be consolidated for the purposes of this chapter.

            2.   where a principal or accessory building encroaches upon arf
                 interior lot line which separates such lots, all setback yard
                 dimensions and other requirements shall apply as if the lots
                 were a single lot. A building permit shall not be issued on
                 the lots unless they are consolidated. If ownership becomes
                 separate rather than common, a building permit shall be

                                           43










                 withheld on the separated lots. Where a principal or accessory
                 building does not encroach on an interior lot line, all setback
                 yard dimensions and other requirements. shall apply as if the
                 lots were in separate ownership if said lots are conforming in
                 all other respects.

            3.   The owner of such lot may submit a request to consolidate to
                 the Zoning Administrator on such forms and containing such
                 information.as may be required by the Zoning Administrator.
                 By submitting an application for consolidation, the owner
                 waives any right for himself, his successors and assigns to
                 develop the lots as separate lots without conforming to all the
                 requirements of this chapter.

            4.   once such lots have been combined, they shall be treated as one
                 lot for the purposes: of this chapter. The Zoning Administrator
                 shall note the combination on the zoning map and shall keep a
                 properly indexed file of all such consolidations. If ownership
                 of such lots becomes separated after a consolidation without
                 compliance with the terms of this chapter, then in addition to
                 any other penalties as may be provided, no building permit
                 shall be issued on any lots so created.

            5.   If any such lots are located in a platted subdivision, then the
                 owner may elect to proceed in accordance with the subdivision
                 ordinance and follow the procedures set forth therein for a
                 resubdivision.

            E. Lots not meeting minimum lot size requirements.       No building
      or structure shall be constructed on lots not meeting the minimum lot
      size requirements of the district in which they are located. Any such
      lots may be consolidated under the provisions of paragraph D of this
      section in order to meet minimum lot size requirements. The following
      shall be exempt from the provisions of this paragraph:

            1.   Lots of record on the date of adoption of this section provided
                 they contain a minimum area of twenty thousand (20,000) square
                 feet and have a minimum lot width of one hundred (100) feet.

            2.   Lots within a subdivision established and approved in
                 accordance with the New Kent County Subdivision Ordinance after
                 July 1, 1962.

            3.   Lots of record prior to January 3, 1967, and not within a
                 subdivision mentioned in 2 above, regardless of size or
                 dimension.   The burden of proof of qualification for any
                 exemption is on the applicant.

      Sec. 9-58. General frontage reauirements.

            A. multiple frontage lots. Any building proposed to be constructed
      on a lot having a frontage on two or more streets shall be so located as

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        to comply with the regulations governing the front yard restrictions and
        setbacks on all the streets on which such lot has frontage. In the case
        of an interior through lot, the owner shall elect and so designate which
        yard shall be the required rear and the required front yard.            The
        designated rear shall be attractively landscaped and maintained so as to
        conform to the character of the front yards in the general area. In the
        case-of a corner lot, the required rear yard shall be the opposite of the
        front yard as defined in this article.

             B.   Determination of frontacre for lots.      The minimum frontage
        requirements for lots shall be measured at the right-of-way line. In no
        case shall the lot frontage at the street line be less than two-thirds
        (2/3) of the minimum lot width requited by this article. In the event
        the provisions of Sec. 9-57(C) apply, then the frontage shall be measured
        at the future righ t-of-way line.

             C.   In the B-1, B-2, B-a, M-1, and M-2 districts all lots shall
        front on streets designed and constructed in accordance with Virginia
        Department of Highways and Transportation standards.

        Sec. 9-59. General yard and setl@ack requirements.

             A. Maintenance of required yards. No yard or other open space for
        each and every building shall be encroached upon or reduced in any manner
        except in conformance with this article.      No yard for one principal
        building shall be considered as a yard for any other principal building
        and no yard on one lot shall be considered as a yard f or a principal
        building on another lot.      Shrubbery, driveways, off-street parking
        spaces, retaining walls, fences, curbs, planted screens and planted
        buffer strips shall not be construed to be encroachments on yards.

             B.   Permitted encroachments into required Yards.        Architectural
        features may project into a required yard a distance not greater than the
        following:

             open Entrance Shelter                          Four (4) Feet
             Cornices and Eaves                             Three (3) Feet
             Window Sills                                   Six (6) Inches
             chimneys                                       Two (2) Feet
             Steps and Landings                             Four (4) Feet
             Fire Escapes (side  and rear yard only) Six    (6) Feet
             Open Balconies                                 Four (4) Feet
             Porches, Platforms  or Open Landings           Ten (10) Feet
             (Open structures such as steps, platforms, paved terraces or landing
             places which do not extend above the f irst floor level of the
             building and which have no wall more than thirty 30inches high)

             Awnings and Movable Canopies                   Four (4) Feet
             Bay or Bow Windows                             Two (2) Feet




                                            45










            C.   The minimum setback from any lot line for any permitted usel
       activity, sign, building or structure shall be five (5) feet unless
       otherwise specifically provided.      Fences may be erected up to the
       property line unless specifically restricted elsewhere in this article

       Sec. 9-60. General height requirements.

            A. Public or semipublic buildings. Public or semipublic buildings
       such as a school, church, library or hospital may be erected to a height
       of sixty (60) feet from grade provided that required front, side and rear
       yards shall be increased one (1) foot for each foot in height over
       thirty-five (35) feet.

            B.   Church spires, belfries, cupolas, monume ts, water towers,
       chimneys, flues, flacmoles and antennas.    Unless otherwise specifically
       provided, church spires, belfries, cupolas, monuments, water towers,
       chimneys, flues, flagpoles, television antennas and radio aerials are
       exempt from any height requirements. Parapet walls may be up to four (4)
       feet above the height of the building on which the walls rest.

            C.  Agricultural structures.     Agricultural structures are exempt
       from the height requirements of this ordinance.

       Sec. 9-61. General setback recruirements.


            A.  Roadside stands.    Roadside stands shall be set back at least
       twenty (20) feet from any right-of-way.

            B. Docks, piers and boathouses. Docks, piers and boathouses are
       exempt from the rear yard setback requirements.

            C.   Accessory buildings attached to or located within ten (10) feet
       of principal buildings. Accessory buildings or structures attached to
       a principal building by any wall or roof construction or located with ten
       (10) feet of any principal building shall be considered a part of the
       principal building and shall observe all yard regulations applicable
       thereto.

            D.   Special Drovisions for corner lots. The side yard on the side
       facing the side street shall be thirty-five (35) feet or more for both
       the main and accessory buildings.

       Sec. 9-62. Flood plain.

            A.   Purpose.   The purpose of these provisions is to prevent the
       loss of life and property, the creation of health and safety hazards, the
       disruption of commerce and governmental services, the extraordinary and
       unnecessary expenditure of _public funds for.flood protection and relief,
       and the impairment of the'ta:k'kase' by:

            1.   Regulating uses, activities, and development which, alone or
                 in combination with other existing or future uses, activities,

                                           46










                  and development, will cause unacceptable increases in f lood
                  heights, velocities, and frequencies.

            2.    Restricting or prohibiting certain uses, activities, and
                  development from locating with areas subject to flooding.

            3.    Requiring all those uses, activities, and developments that do
                  occur in flood-prone areas to be protected and/or floodproofed
                  against flooding and flood damage.

            4.    Protecting individuals from buying land and structures which
                  are unsuited for intended purposes because of flood hazards.

            B.    Alp-plicability, These provisions shall apply to all lands
       within the jurisdiction of New Kent County and identified.as being in the
       100-year floodplain by the Federal Insurance Administration.

            C.    compliance and Liabilitye

            1.    No land shall hereafter be developed and no structure shall be
                  located, relocated, constructed, reconstructed, enlarged, or
                  structurally altered except in full compliance with the terms
                  and provisions of this ordinance and any other applicable
                  ordinances and regulations which apply to uses within the
                  jurisdiction of this ordinance.

            2.    The degree of flood protection sought by the provisions of this
                  ordinance is considered reasonable for regulatory purposes and
                  is based on acceptable engineering methods of.study. Larger
                  floods may occur on rare occasions.      Flood heights may be
                  increased by man-made or natural causes, such as ice jams and
                  @ridge openings restricted by debris. This ordinance does not
                  imply that areas outside the floodplain area, or that land uses
                  permitted within such area will be free from flooding or flood
                  damages.

            3.    This ordinance shall not create liability on the part of New
                  Kent County or any officer or employee thereof for any flood
                  damages that result from reliance on this ordinance or any
                  administrative decision lawfully made thereunder.

            D.    Abrogation and Greater Restrictions - This ordinance supersedes
       any ordinance currently in effect in flood-prone areas.      However, any
       underlying ordinance shall remain in full force and effect to the extent
       that its provisions are more restrictive than this ordinance. (10/8/90)

       Sec. 9-62.1. Establishment of-zonincr-di-stricts.

            A.    Descrintion of District.

            1.    Basis of District. The floodplain district shall include areas
                  subject to inundation by waters of the one hundred (100) - year

                                           47











                 flood. The basis for the delineation of the district shall be
                 the one hundred (100) year flood elevations or profiles
                 contained in the Flood Insurance Study f or New Kent County
                 prepared by the Federal Emergency Management Agency, Federal
                 Insurance Administration, dated December 5, 1990, as amended.

                 The Approximated Floodplain District shall be that floodplain
                 area for which no detailed flood profiles or elevations are
                 provided, but where a one hundred (100) year floodplain
                 boundary has been approximated. Such areas are shown as Zone
                 A on the Flood Insurance Rate Maps (FIRM). For these areas,
                 the one hundred (100) year flood elevations and floodway
                 information from federal, state, and other acceptable sources
                 shall be used, when available. Where the specific one hundred
                 (100) year flood elevation cannot be determined for this area
                 using other sources of data, such as the U.S. Army Corps of
                 Engineers Floodplain Information Reports, U. S. Geological
                 Survey Flood-Prone Quadrangles, etc., then the applicant for
                 the proposed use, development and/or activity shall determine
                 this elevation in accordance with hydrologic and hydraulic
                 engineering techniques.    Hydrologic and hydraulic analyses
                 shall be undertaken only by professional engineers or others
                 of demonstrated qualifications, who shall certify that the
                 technical methods used correctly reflect current ly- accepted
                 technical concepts.    Studies, analyses, computations, etc.,
                 shall be submitted in sufficient detail to allow a thorough
                 review by the County of New Kent.

            2.   Overlay Concept.

                 (a)  The floodplain District described above shall be overlays
                      to the existing underlying area as shown on the Official
                      Zoning Ordinance Map, and as such, the provisions for the
                      floodplain district shall serve as a supplement to the
                      underlying district provisions.

                 (b)  Any conflict between the provisions or requirements of the
                      Floodplain District and those of any underlying district
                      the more restrictive provisions and/or those pertaining
                      to the floodplain district shall apply.

                 (c)  In the event any provision concerning a Floodplain
                      district declared inapplicable as a result of any
                      legislative or administrative actions        or judicial
                      decision, the basic underlying provisions shall remain
                      applicable.

            B.   official ZonincT Map. The boundaries of the Floodplain District
       are established as shown on the Flood Insurance Rate Map which is
       declared to be a part of this ordinance and which shall be kept on file
       at the Planning Department offices.


                                          48











             C.   District Boundary Changes.     The delineation of any of the
       Floodplain District may be revised by the Board of Supervisors where
       natural or man-made changes have occurred and/or where more detailed
       studies have been conducted or undertaken by the U.S. Army Corps of
       Engineers or other qualified agency, or an individual documents the need
       for possibility for such change.      However, prior to any such change.,
       approval must be obtained from the Federal Insurance Administration.

             D.   Interpretation of District Boundaries. Initial interpretations
       of the boundaries of the Floodplain District shall be made by the Zoning
       Administrator. Should a dispute arise concerning the boundaries of any
       District, the Board of Zoning Appeals shall make the necessary
       determination. The person questioning or contesting the location of the
       District boundary shall be given a reasonable opportunity to present his
       case to the Board and to submit his own technical evidence if he so
       desires. (10/8/90)

       Sec. 9-62.2. District Provisions.

             A.   Permit Requirement.     All uses, activities, and development
       occurring within any Floodplain District shall be undertaken only upon
       the issuance of a zoning permit. Such development shall be undertaken
       only in strict compliance with the provisions of the ordinance and with
       all other applicable codes and ordinances, such as the Virginia Uniform
       Statewide Building Code and the New Kent County Subdivision Ordinance.
       Prior to the issuance of any such permit, the Zoning Officer shall
       require all applications to include compliance with all applicable state
       and federal laws. Under no circumstances shall any use, activity, and/or
       development adversely affect the capacity of the channels or floodways
       of any watercourse, drainage ditch, or any other drainage facility or
       system.

             B.   Alteration or Relocation of Watercourse. Prior to any proposed
       alteration or relocation of any channels or of any watercourse, stream,
       etc., within this jurisdiction a permit shall be obtained from the U. S.
       Corps of Engineers, the Virginia Marine Resources Commission, the
       Virginia State Water Control Board (a joint permit application is
       available from anyone of these organizations) .       Notification of the
       proposal shall be given to all adjacent jurisdictions and adjacent
       property owners, the Division of Soil and Water Conservation (Department
       of    conservation   and   Recreation),    and   the    Federal    Insurance
       Administration.

             C.   Site Plans and Permit Aionlications.      All applications for
       development in the floodplain district and all building permits issued
       for the floodplain sh  all incorporate the fo llowing information:

             1.   For structures that have been elevated, the elevation of the
                  lowest floor, including basement.

             2.   For nonresidential structures that have been floodproofed, the
                  elevation to which the structure has been floodproofed.

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           3.    The elevation of the one hundred (100) - year flood.

           4.    Topographic information showing existing and proposed ground
                 elevations.

      D.   Encroachment Provisions.

           1.    No new construction or development shall be permitted within
                 the floodplain district unless it is demonstrated that the
                 cumulative effect of the proposed development, when combined
                 with all other existing and anticipated development, will not
                 increase the elevation of the one hundred (100) - year
                 floodplain more than one foot at any point.

           2.    Within any f loodway area, no encroachments, including fill, new
                 construction, substantial improvements, and other development
                 shall be permitted unless it has been demonstrated through
                 hydrologic and hydraulic analyses performed in accordance with
                 standard engineering practice that the proposed encroachment
                 would not result in any increase in the one hundred (100)
                 year flood elevation.

      E.   Mobil Homes and Manufactured Homes.

           1.    Mobile and manufactured homes that are placed or substantially
                 improved within Zones A-1 and MHP on the county's FIRM, on
                 sites

                 (a) outside of a mobile home park or subdivision,

                 (b)  in a new mobile home park or subdivision,

                 (c)  in an expansion to an existing mobile home or subdivision,
                      or

                 (d)  in an existing mobile home park or subdivision on which
                      a mobile home has incurred "substantial damage" as the
                      result of a flood, must be elevated on a permanent
                      foundation such that the lowest floor of the mobile home
                      is elevated to or above the base flood elevation and be
                      securely anchored to an adequately anchored foundation
                      system to resist floatation collapse and lateral movement.

           2.    Mobile -and manufactured homes to be placed or substantially
                 improved on sites in an existing mobile home park or
                 subdivision within Zones A-1 and MHP on the county's FIRM that
                 are not subject to the provisions of paragraph one above of
                 this section must be elevated so that either

                 (a) The lowest floor of the    mobile home is at  or above the
                      base flood elevation, or


                                          50










                   (b)  The mobile home chassis is supported by reinforced piers
                        or other foundation elements of at least equivalent
                        strength that are no less than 36 inches in height above
                        grade and be securely anchored to an adequately anchored
                        foundation. system to resist floatation, collapse, and
                        lateral movement.

              F.   Recreational Vehicles. Recreational vehicles placed on sites
        within Zone A-1 or C-1 on the county's FIRM must be on the site for fewer
        than 180 consecutive days and be fully licensed and ready for highway
        use. (10/8/90)

        Sec. 9-62.3. Design criteria for utilities and facilities.

              A.   Sanitary Sewer Facilities.     All new or replacement sanitary
        Sewer facilities and private package sewage treatment plants (including
        all pumping stations and collector systems) shall be designed to minimize
        or eliminate infiltration of flood waters into the systems and discharges
        from the systems into the flood waters.       In addition, they should be
        located and constructed to minimize or eliminate flood damage and
        impairment.

              B.   Water Facilities.    All new or replacement water facilities
        shall be designed to minimize or eliminate infiltration of flood waters
        into the system and be located and constructed to minimize or eliminate
        flood damages.

              C.   Drainage Facilities. All storm drainage facilities shall be
        designed to convey the flow of surface waters without damage to persons
        or property. The systems shall ensuredrainage away from buildings and
        onsite waste disposal sites.      The Board of Supervisors may require a
        primarily underground system to accommodate frequent floods and a
        secondary surface system to accommodate larger, less frequent floods.
        Drainage plans shall be consistent with local and regional drainage
        plans.   The facilities shall be designed to prevent the discharge of
        excess runoff onto adjacent properties.

              D.   Utilities All utilities, such as gas lines, electrical and
        telephone systems being placed in flood-prone areas shall be located,
        elevated (where possible), and constructed to minimize the chance of
        impairment during a flooding occurrence.

              E.   Streets and Sidewalks. Streets and sidewalks shall be designed
        to minimize their potential for increasing and aggravating the levels of
        flood flow.     Drainage openings shall be required to sufficiently
        discharge flood flows without unduly increasing flood heights. (10/8/90)
        Sec. 9-62.4. Existincr str@uctures in floodplain districts.

              A structure or use of a structure or premises which lawfully existed
        before the enactment of these provisions, but which is not in conformity


                                             51











       with these provisions, may      be cont inued subject to the following
       conditions:

            A.   Any modification,     alteration,  repair, reconstruction, or
       improvement of any kind to      a structure   and/or use located in any
       floodplain areas to an extent   or amount of less than fifty (50) percent
       of its market value, shall      be elevated  and/or floodproofed to the
       greatest extent possible.

            B.   The modification,     alteration,  repair, reconstruction, or
       improvement of any kind to a structure and/or use, regardless of its
       location in a floodplain district, to an extent or amount of fifty (50)
       percent or more of its market value shall be undertaken only in full
       compliance with the provisions of the Virginia uniform Statewide Building
       Code. (10/8/90)

        

        Sec. 9-64. Additional design and performance standards.

            Uses permitted under the provisions of this article, in addition to
       any other requirements, shall where applicable be in conformance with the
       following standards:

            A.   Air pollution standards.     Any activity, operation or device
       which causes or tends to cause the release of air contaminants into the
       atmosphere shall comply with the rules and regulations of the
       Commonwealth of Virginia.

            B.   Drainage.  All rights-of -way shall be drained in accordance
       with the requirements of the           Virginia
       Department of Transportation. Off-street parking areas shall be designed
       to provide positive drainage of storm water and natural drainage waters
       when deemed necessary by the site plan.        Drainage systems shall be
       adequate to carry of f or store the storm water and natural drainage water
       which originates not only within the lot or tract boundaries but also
       that which originates beyond the original lot or tract boundaries. No
       storm water runoff or drainage water shall be so diverted as to overload
       existing drainage systems or create flooding or the need for additional
       drainage structures on other private properties or public lands without
       proper and approved provisions being made f or taking care of these
       conditions.   Lots shall be graded to secure proper drainage, away from
       buildings and prevent the ponding of storm water unless within an
       approved retention or detention basin. Where a lot or tract is traversed
       by a watercourse, surface or underground drainage way or drainage system,
       channel or stream, there shall be provided and dedicated a drainage

                                           52











       right-of -way easement to the County or to the Gtate Highway Department
       Virginia Department of Transportation which conforms substantially with
       the line of such watercourse and such further width or construction or
       both as will be adequate to accommodate expected storm water runoff in
       the future and accommodate necessary maintenance.

            C.    Drainage and conservation easements. Where a development is
       traversed by a water course, drainage way, channel or stream, or where
       it is desirable to preserve other areas within a subdivision because of
       the soil conditions, tree masses, wildlife habitat, vistas or other
        Ignif icant horticultural, environmental or natural features, there shall
       be provided a drainage and/or conservation easement of sufficient area
       s

       and width to protect and preserve the aforementioned feature if required
       by the Planning Commission.      Drainage easements shall be designed and
       drainage structures constructed. in such a manner as to reduce the burden
       of maintenance.

            D.    Electromacmetic radiation and interference standards.           Any
       activity, operation or use shall be deemed to cause electromagnetic
       radiation interference that (a) adversely affects persons or the
       operation of any equipment across lot lines, and (b) is not in
       conformance with the regulations of the Federal communications
       Commission. All such uses are prohibited.

            E.    Fences and walls. All permitted fences shall be situated on
       a lot in such a manner that the finished side of the fence shall face
       adjacent properties. No fence shall be erected of barbwire, topped with
       metal spikes or constructed of any material in a manner which may be
       dangerous to persons or animals except that these provisions shall not
       apply to farms and that fences for industrial uses may be topped by
       barbwire protective barriers. All barbwire fences shall be faced into
       the property. A tennis court area may be surrounded by a fence a maximum
       of twelve (12) feet in height. Its setback from any property line shall
       be the minimum distance required for accessory buildings in the zoning
       district in which the tennis court is proposed to be located. All fences
       constructed for farm operations may be placed on property lines.

            F.    Fire and explosion hazard standard. All operations, activities
       and uses shall be conducted so as to comply       with all applicable fire
       prevention codes.

            G.    Lands sublect to flooding. Lands subject to flooding and land
       deemed topographically unsuitable shall not be platted for use which
       would increase danger to health, life or property or aggravate erosion
       or flood hazard. Such land within a subdivision shall be set aside on
       the plat f or such uses as shall not be endangered by periodic or
       occasional inundation or shall not produce conditions contrary to the
       public welfare.

            H.    Landscaping and buf f ers.-   In order to minimize any adverse
       impact on adjacent uses caused by nuisances on a site, to provide climate
       control in the form of shade trees and windbreaks, and preserve and

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       enhance the rural nature of the county, all plans of development shall
       preserve existing landscaping whenever possible and supplement existing
       landscaping with landscaping which will offset the introduction of
       nuisance creating facilities.

            

            J.    Liquid and solid wastes standards. Any activity, operation or
       device which causes or tends to cause the discharge or other release of
       liquid or solid waste into public sanitary sewer, storm drains or
       public waters shall comply with applicable laws, rules and regulations
       governing such discharge or release, including but not limited to the
       Federal Water Pollution Control Act, the Virginia Water Control Law and
       the New Kent County regulations regarding sewers and sewage disposal,
       maintenance and cleanliness of storm drainage facilities, garbage, trash
       and refuse, and erosion and sediment control.

            K.    Natural features. Natural features such as trees, hilltops and
       views, natural terrain, open waters and natural drainage lines shall be
       preserved whenever possible in designing any development. The topsoil
       shall not be removed from areas intended for lawn or open space. Topsoil
       removed during the course of construction shall be redistributed onto
       these areas and shall be stabilized by approved seeding and/or planting.
       A conscious effort shall be made to preserve all worthwhile trees and
       shrubs which exist on the site. Stripping trees from a lot or filling
       around trees on a lot shall not be permitted unless it can be shown that
       grading or construction requirements necessitate removal of trees, in
       which case these lots shall be replanted with trees to reestablish the
       tone of the area.

            L.    Radiation hazard standards.     All operations, activities and
       uses shall comply with the regulations of the U.S. Atomic Energy
       Commission set out in Chapter I of Title 10 of the Code of Federal
       Regulations which apply to by-product material, source material and
       special nuclear material, as those terms are defined in Section IIe., 
       and aa. of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2014 (e),
       (z), and (aa)).

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            No activity, operation or use shall cause radiation emissions which
       are in violation of the Radiation Health and Safety Act of 1968 (Public
       Law 90-602), as amended, or the implementing regulations of the Virginia
       Department of Health established pursuant thereto.

            Any water discharged from any facility must meet all radioactivity
       standards as specified in Environmental Protection Agency (EPA) Document
       570/9-76-003, "National Interim Primary Drinking Water Regulations, 11 in
       ef f ect on the date of adoption of this ordinance irrespective of any
       subsequent amendments to said EPA Document.

            Air emission discharges, including fugitive emissions, shall not be
       permitted to contain radioactive levels more than 10% above background
       airborne radioactivity at the point of discharge.

       Sec. 9-65. Reserved for future legislation.










































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         Sec. 9-66.     Intent.   Division 3. Conservation, C-1

               This district is established to protect environmentally fragile or
         significant areas. The specific purpose of this district is to protect
         the Chesapeake Bay, prevent water pollution, control areas prone to soil
         erosion, protect watersheds, wetlands forests and other environmentally
         sensitive features, and to reduce the hazards associated with floods and
         fire.     These areas are characterized by various open uses such as
         forests, farmlands, wetlands, water bodies, and parks and recreation
         areas.    Uses which are not consistent with the existing character of
         these areas are not permitted.            No dwelling units of any type are
         permitted.

         Sec. 9-67. Permitted uses.

               In the conservation district, structures to be erected or land to
         be used shall be for one or more of the following uses:

               Agriculture, provided however, in order to conserve agricultural
               soils, reduce erosion and sedimentation of streams and roadside
               ditches and neighborhoods, agriculture uses shall:

              1.    Utilize best management practices whenever possible.

              
                    
                     

               2.    Maintain the buffer requirements outlined in Article VI of the
                     County's Land Development ordinance where such agricultural
                     lands are located in Chesapeake Bay preservation areas.

               Forestry

               Preserves or conservation areas.

               Public utilities other than those requiring a conditional use permit
               under the provisions of Section 9-68.

         Sec.  9-68. Uses permitted by conditional use permit only.

               In the conservation district, buildings to be erected or land to be
         used  for one or more of the following uses shall be permitted only
        
         
         
         a conditional use permit in accordance with Division is of this article
         have been satisfied, including the preparation of a site plan in
         accordance with Division 18 of this article, and a conditional use permit


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      has been issued by the agent or Board of Supervisors   in accordance with
       the provisions of Division 15 of this article:

            Campgrounds.

            Construction trailers and/or portable, or temporary buildings f or
            offices, storage facilities, public and semipublic uses.

            Hunting clubs.

            Mal-inas.


            Portable sawmills.

            Public parks and playgrounds.

            Public and Private water we 11 fields

            Public or private eleetrieal generatien fae144451es7- electrical
            substations with a capacity of five thousand (5,000) kilovolt
            amperes or more, and electrical transmission lines capable of
            transmitting sixty-nine (69) kilovolts or more. with an appreved
            site plan.

            Public or private transmission pipelines, including pumping stations
            and accessory storage for natural gas, propane gas, petroleum
            products, chemicals, slurry coal and any other gases, liquids or
            solids with an approved site plan, 'except that private connections
            to existing pipelines which are intended to serve an individual
            residential or commercial customer and which are accessory to
            existing or proposed development are permitted generally and without
            a conditional use permit.

            Public or private water and sewer facilities, including but not
            limited to treatment plants, pumping stations, storage facilities
            and transmission mains with an approved site plan, except that
            private connections to existing mains which are intended to serve
            an individual residential or commercial customer and which are
            accessory to existing or proposed development are permitted
            generally and without a conditional use permit.

            Railroad facilities including tracks and bridges, switehing yai-ds
            and statiens with an appreved site plann-, except that spur lines
            which are to serve and are accessory to existing or proposed
            development adjacent to existing railroad rights-of-way and track
            and safety improvements in existing railroad rights-of -way are
            permitted generally and without a conditional use permit.
            Sporting Clays

            Water impoundments for public or private use. ef fifty (5e) aeres
            er mere and a dam height ef twenty five ERS) feet er mere with
            appreved site plan.

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       Sec. 9-69.   Area requirements.

             A minimum lot area shall be sixty-five thousand three hundred and
       forty (65,340) square feet.

       Sec. 9-70. Setback requirements.

             Structures shall be located one hundred and twenty-five (125) feet
       or more from any street right-of-way.

       Sec. 9-71. Width requirements.

             The minimum width for lots 
       
       fifty (150) feet.

       Sec. 9.72.   Yard requirements.

             A.  Side -- The minimum side yard for any building or structure
       shall be twenty-five (25) feet and the total width of the required side
       yards shall be fifty (50) feet or more.

             B. Rear -- Each structure shall have a rear yard of fifty (50) feet
       or more,.


       Sec. 9-73. Height requirements.

             Buildings or structures not exempted by the provisions of Section
       9-60  may be erected to a height not to exceed thirty-five (35) feet.

       Sec.  9-74 through 9-80.   Reserved for future legislation.























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       Sec. 9-81.   Intent. Division 4. -Agricultural, A-1

               This district     is established to protect woodlands and
       agricultural lands from the premature er unneeessa-ry conversion to more
       intense land uses. Their protection will help to minimize environmental
       hazards such as flooding, erosion, siltation, and air and water
       pollution.    Prevention of excessive land conversion will serve to
       maintain the character and quality of the rural environment and will
       minimize urbanization in those areas where roads and other public
       facilities are scaled to meet only rural needs. Large lot subdivisions
       may be permitted in accordance with the minor subdivision process as
       outlined in Article IV where not in eenfliet with the intent ef this
       divisien.


       Sec. 9-82. Permitted uses.

            In the agricultural district, A-1, structures to be erected or land
       to be used shall be for one or more of the following uses:

            Agriculture, provided that in order to conserve agricultural soils,
            reduce erosion and sedimentation of streams and roadside ditches and
            neighborhoods, agriculture uses shall:

                 1. Utilize best management practices whenever possible.

                 2.    Hainta4:n a five (5) feet w4:de grass er planted strip en
                       site aleng a1g: rights ef way and streams te slew dewn
                       runeff watevs and filter eut sediment.

                 2.    Maintain the buffer requirements outlined in Article VI
                       of the County-Is Land Development ordinance where such
                       agricultural lands are located in Chesapeake Bay
                       preservation areas.

            Accessory buildings and uses as outlined in Sec. 9-45 of this
            ordinance.

            Cemeteries (no sale of lots).

            Churches, synagogues and other houses of worship with an approved
            site plan.

            crop services.

            Forestry.

            Game preserves and conservation areas.

            Golf courses and country clubs with an approved site plan.


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            Government buildings and facilities with an approved site plan.

            Guest house.

            Hospitals and medical facilities with an approved site plan.

            Libraries with an approved site plan.

            Parks and playgrounds with an approved site plan.

            Public schools with an approved site plan.

            Public utilities other than those requiring a conditional use permit
            under the provisions of Section 9-83.

            Radio,. television or communication towers not exceeding fifty (50)
            feet in height provided it shall be located in the rear yard of a
            principal permitted use.

            Single Family residential units, to include manufactured housing as
            defined in ï¿½ 15.1 486.-4 36-85.3 and in accordance with ï¿½ 15.1-486.4
            of the Code of Virginia. On land devoted to agriculture on a full-
            time basis, in addition to the main farm house, one tenant house for
            every twenty-five (25) acres with a minimum of twenty-five (25)
            acres being necessary to establish the first tenant house shall be
            permitted.

            Satellite dishes located in the side, front, or rear yard provided
            such satellite dish shall set back fifty (50) feet or more from any
            state maintained or privately owned, public right-of-way and shall
            comply with the side and rear yard setbacks for accessory
            structures.

            Single-family residential dwelling units.       On land devoted to
            agriculture on a full-time basis, in addition to the main farm
            house, one tenant house for every twenty-five (25) acres with a
            minimum of twenty-five (25) acres being necessary to establish the
            first tenant house shall be permitted.

            Yacht clubs with an approved site plan. (11/28/90)

       Sec. 9-83. Uses permitted by conditional use permit only.

            In the Agricultural A-1 district, buildings to be erected or land
       to be used for one or more of the following uses shall be permitted only
       after the issuanee ef eenditlenal use pe it by the Beard ef SupervIseLas
       er its agent as the ease may be, and with an appreved si:te plan submit
       under the previslens ef 94vislen !4 ef this Artlelea after all
       requirements for a conditional use permit in accordance with Division 15
       of this article have been satisfied, including the preparation of a site
       plan in accordance with Division 18 of this article, and a conditional


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       use permit has   been issued by the agent or Board of Supervisors in
       accordance with the provisions of Division 15 of this article:

            Animal husbandry of the following types:

            1.   Commercial stables.

            2.   Commercial raising and housing of swine.

            3.   Raising, breeding and keeping of animals for profit on less
                 than ten (10) acres, including feed lots.

            Airports.

            Antique Shops

            Bed and Breakfast/Home Stay Establishments

            Campgrounds.

            Cemeteries (with sale of lots).

            Child care centers.

            Community centers.

            Construction business, with storage of equipment, as a home
            occupation.

            Construction trailers and/or portable or temporary buildings for
            offices, storage facilities, public and semipublic uses.

            Distillation of ethanol from grain.

            Flat track horse racing facilities.

            Group care facilities.

            Helistops.

            Kennels.

            Landfills or dump sites.

            Marinas.

            Mining, excavation or filling, borrow pits, extraction, processing
            and removal of land, gravel and stripping of top soil (but farm pond
            construction, field leveling or stripping of sod for agricultural
            purposes and excavations in connection with development which has
            received subdivision or site plan approval are permitted generally
            and without a conditional use permit).

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           Mobile home as storage shed in conjunction with a bona f ide
           agricultural operation.

           Mobile homes, as a residence in emergency situations.

           Paint pellet competitive games.

           Permanent mobile homes that       do not meet the definition of
           manufactured housing under ï¿½ 15.1-486.4 of the Code of Virginia on
           twenty-five (25) acres or more.

           Polo fields and clubs.


           Portable sawmills.

           Private clubs or hunt clubs with an approved site plan, provided
           that in order to maintain a tranquil environment for those
           residential uses within the A-1 zoning district, hunt clubs shall
           be located at least two hundred and fifty (250) feet from a property
           line of a residential use.

           Private schools with appL-eved site plan.

           Public or private electrical generation facilities, electrical
           substations with a capacity of five thousand (5,000) kilovolt
           amperes or more, and electrical transmission lines capable of
           transmitting sixty-nine (69) kilovolts or more.

           Public or private transmission pipelines, including pumping stations
           and accessory storage for natural gas, propane gas, petroleum
           products, chemicals, slurry -coal and any other gases, liquids or
           solids, except that private connections to existing pipelines, which
           are intended to serve an individual residential or commercial
           customer and which are accessory to existing or proposed'
           development, are permitted generally and without a conditional use
           permit.

           Public or private water and sewer facilities, including but not
           limited to treatment plants, pumping stations, storage facilities
           and transmission mains, except that private connections to existing
           mains which are intended to serve an individual residential or
           commercial customer and which are accessory to existing or proposed
           development, are permitted generally and without a conditional use
           permit.

           Public or private water well fields.

           Radio, television or communication    stations and/or towers which
           exceed fifty (50) feet in height.

           Railroad facilities including tracks, bridges, switching yards and
           stations, except that spur lines which are to serve and are

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              accessory to existing or proposed development adjacent to existing
              railroad rights-of-way, and track and safety improvements in
              existing railroad rights-of -way, are permitted generally and without
              a conditional use permit.

              Riding stables.

              Rifle, skeet and trap ranges.

              seasonal activities requiring an Outdoor Gathering Permit.

              Single-family conversion to two-family.

              Sporting clays

              Steeple chase events.

              Temporary mobile home use while occupant is constructing permanent
              dwelling on five (5) acres or more.

              Temporary storage of a mobile home.

              

              veterinary clinics

              Water impoundments for public or private use 
             

              Zoological Gardens.     (9/14/87) (12/11/89) (11/28/90) (4/8/91)

        Sec.  9-84. Area requirements.

              The minimum lot area for permitted buildings or structures shall be
        XXX acres. 
       

        Sec. 9-85.   Setback recruirements.

              Structures shall be located a minimum of seventy-five (7 5) feet from
        any street right-of-way.

        Sec. 9-86. Width requirements.

              The minimum width for permitted uses shall be one hundred fifty
        (150) feet.

         Sec. 9-87.   Yard requirements.

              A.   Side: The minimum side yard for each main structure shall be
                   twenty-five (25) feet and the total width of the two required
                   side yards shall be fifty (50) feet or more.

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           B    Rear: Each main structure shall have a rear yard of f if ty (50)
                feet or more.

           C.   Accessory buildings:

                1 .  Accessory buildings shall have a minimum side and rear
                     yard of not less than five (5) feet.

      Sec. 9-88 through 9-90. Reserved for future legislation.




















































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                           Division -   Rural Residential, R-R


        Sec. 9   Intent


             The purpose of the Rural Residential R-R District is to encourage
        continued protection of environmentally and ecologically sensitive areas
        and to preserve the natural beauty of rural areas of the county where
        urban services (i.e., water and sever mains, etc.) are not planned by the
        County. The district is intended to provide developmental flexibility
        by allowing for spacious residential development for those who choose to
        live in a rural environment.

             All subdivision proposals will be carefully reviewed prior to
        7ranting a Rural Residential classification to ensure that the proposal
        is compatible with the surrounding environment and existing land uses.
        The density of new development shall not exceed one dwelling unit per
        five acres of gross area. Subdivisions within the Rural Residential R-R
        district shall not be located on existing state maintained or Rrivate
        roads. All County ordinances will be in full effect in this district.

        Sec. Permitted uses

             Accessory buildings and uses as outlined in Sec. 9-45 of this
             ordinance.

             Single family dwellings.

             Subdivisions of single family residences.

             Bed and breakfast inns.

             Parks, playgrounds and recreation areas with an approved site plan.

             Public schools with approved site plan.

             off street parking, as required by this chapter.

        Sec.  9 - Uses permitted by conditional use permit onlV

             In the rural residential R-R district, buildings to be erected or
        land to be used for one or more of the following uses shall be permitted
        only after all requirements for a conditional use permit in accordance
        with Division 15 of this article have been satisfied, including the
        preparation of a site plan in accordance with Division 18 of this
        article, and a conditional use permit has been issued by the agent or
        Board of Supervisors in accordance with the provisions of Division 15 of
        this article:


             Cemeteries.


             Child care centers.


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            Churches, synagogues or other houses of worship.

            Construction trailers and/or portable or temporary buildings for
            offices, storage facilities, public and semi-public uses.

            Golf courses and country clubs.

            Private schools.

            Public or private electrical substations with a capacity of five
            thousand (5,000) kilovolt amperes or more, and electrical
            transmission lines capable of transmitting sixty-nine (69) kilovolts
            or more*

            Public or private water well fields.

            Public or private transmission pipelines.. including pumping stations
            and accessory storage for natural gas, propane gas, petroleum
            products, chemicals, slurry coal and any other gases, liquids or
            solids, except that private connections to existing pipelines which
            are intended to serve an individual residential or commercial
            customer and which are accessory to existing or proposed development
            are permitted generally and without a conditional use permit.

            Public or private water and sewer facilities, including but not
            limited to treatment plants, pumping stations, storage facilities
            and transmission mains, except that private connections to existing
            mains which are intended to serve an individual residential or
            commercial customer and which are accessory to existing or proposed
            development are permitted generally and without a conditional use
            permit.

            Railroad facilities including tracks and bridges with an approved
            site plan,, except that spur lines which are to serve and are
            accessory to existing or proposed development adjacent to existing
            railroad rights-of-way and track and safety improvements in existing
            railroad rights-of-way are permitted generally and without a
            conditional use permit.

            Water impoundments for public or private use.

       Sec. 9- Accessory Building yard requirements

            Side yards and rear yards for each accessory building shall be five
       (5) feet and accessory buildings shall not be placed in front of the
       principal dwelling.

       sec. 9- Subdivision recruirements

            All subdivisions created within the Rural Residential R-R district
       shall follow the requirements of the County's subdivision ordinance as
       outlined in Chapter 9, Article IV of the New Kent County Code.

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       Sec. 9- SRecial provisions aRPlicable to corner lots

            In the Rural Residential District R-R, the following provisions
       apply to corner lots:

            1.   Of the two sides of the corner lot, the f ront lot shall be
                 deemed to be the shorter of the two sides fronting on the
                 streets.

            2.   The minimum side yard on the side facing the side street shall
                 be the same as that required for the front yard.








































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              Division 5.  Single Family Residential, R-0,R-OA, R-A, R-lA


        sec. 9-91. Intent.

             These districts are composed of certain quiet, low-density,
        residential areas plus certain areas where similar residential
        development appears likely to occur. The regulations for this district
        are designed to stabilize and protect the essential characteristics of
        the district, to promote and encourage a suitable environment for family
        life where there are children, and prohibit all activities of a
        commercial nature. To these ends development is limited to relatively
        low concentrations and permitted uses are limited basically to single
        unit dwellings providing homes for the residents plus certain additional
        uses such as schools, parks, churches and certain public facilities that
        serve the.residents of the district.

        Sec. 9-92. General conditions applicable to ce   rtain uses.

             A.   Any agricultural use, nonconforming or otherwise shall:

                  1. Utilize best management practices whenever possible.

                  2.    Maintain a five (6) feet wide gi-ass er planted strip e.n'
                        91te aleng all rights-ef way anel streams te slew dewn
                        runeff waters and filter eut sediment.

                  2.    Maintain the buffer requirements outlined in Article V1
                        of the County-Is Land Development ordinance where such
                        agricultural lands are located in Chesapeake Bay
                        preservation areas.

             B.   Any forestal uses whether nonconforming or otherwise shall:

                  1.    In order to maintain a rural environment in those areas
                        of the County designated for residential and comnercial
                        development, no commercial timbering of lands zoned R-0,
                        R-OA, R-1. RlA shall commence until a plan for development
                        (subdivision or site or reforestation plan) has been
                        approved by the Planning Commission or the Zoning
                        Administrator as the case may be.          Any plan for
                        reforestation shall require a posting of a bond in an
                        amount sufficient to reforest the area based on current
                        per acre estimate of reforestation by the Virginia Forest
                        Service. No commercial timbering shall be allowed in any
                        development once any lot in the development has been sold.

        Sec. 9-93. Permitted uses.

             In the single family residential R-0, R-OA, R-1 and R-lA districts,
        structures to be erected or land to be used shall be for one or more of
        the following uses:


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            Accessory buildings and uses as outlined in Sec. 9-45 of this
            ordinance.

            Community center with an approved site plan.

            Parks and playgrounds with an approved site plan.

            Public utilities other than those requiring a conditional use permit
            under the provisions of Section 9-94 with an approved site plan.

            Public schools with an approved site plan.

            Radio, television or communication towers not exceeding fifty (50)
            feet in height and satellite dishes provided any of these uses are
            located in the rear yard of a principal permitted use.

            Single-family dwellings.

            Subdivisions of single-family dwellings.

       Sec. 9-94. Uses permitted by conditional use   permit only.

            In the R-0, R-OA, R-1 and R-lA single-family residential district,
       buildings to be erected or land to be used for one or more of the
       following uses shall be permitted only 
       
       requirements for a conditional use permit in accordance with Division is
       of this article have been satisfied, including the preparation of a site
       plan in accordance with Division 18 of this article, and a conditional
       use permit has been issued by the agent or Board of Supervisors in
       accordance with the provisions of Division 15 of this article:

            Cemeteries 

            Child care center

            Churches, synagogues and other houses of worship 
            
            Construction trailers and/or portable or temporary buildings for
            offices, storage facilities, public and semipublic uses.

            Golf courses and country clubs

            Private schools with approved site plan.
            Public or private electrical
            substations with a capacity of five thousand (5,000) kilovolt
            amperes or more, and electrical transmission lines capable of
            transmitting sixty-nine (69) kilovolts or more 
           




                                           72











              Public or private transmission pipelines, including pumping stations
              and accessory storage for natural gas, propane gas, petroleum
              products, chemicals, slurry coal and any other gases, liquids or
              solids with an appreved site plan, except that private connections
              to existing pipelines which are intended to serve an individual
              residential or commercial customer and which are accessory to
              existing or proposed development are permitted generally and without
              a conditional use permit.

              Public or private water and sewer facilities, including but not
              limited to treatment plants, pumping stations, storage facilities
              and transmission mains with an appreved site plan, except that
              private connections to existing mains which are intended to serve
              an individual residential or commercial customer and which are
              accessory to existing or proposed development are permitted
              generally and without a conditional use permit.

              Public and Private water well fields

              Railroad facilities including tracks and bridges, switehing yai-Els
              and statlens with an appreved site plan, except that spur lines
              which are to -serve and are accessory to existing or proposed
              development adjacent to existing railroad rights-of-way and track
              and safety improvements in existing railroad riqhts-of-way are
              permitted generally and without a conditional use permit.

              Water impoundments for public or private use ef fifty (58) aeres e-r
              mere and a elam height ef twenty five (25) feet= er ffte-re wj:t@ï¿½ ain
                        site pln-tn.

        Sec.  9-95.  Accessory building yard recruirements.

              Accessory buildings shall have a side and rear yard of not less than
        five  (5) feet.

        Sec.  9-96 through 9-102. Reserved for future legislation.




















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                         Division 6. General Residential R-2


       sec. 9-103. Intent.

            This district is composed of certain medium and high concentration
       residential uses, plus certain areas where similar development appears
       likely to occur.    The regulations for this district are designed to
       stabilize and protect the essential characteristics of the district, to
       promote and encourage, insofar as is compatible with the intensity of
       land use, a suitable environment for family life composed of an adult
       population with some children. To these ends, retail activity is sharply
       limited and this district is protected against encroachment of general
       commercial or industrial uses.       This residential district is not
       completely residential as it includes public and semipublic institutional
       and other related uses.


       Sec. 9-104. General conditions applicable to certain uses.

            A.    Any agricultural use, nonconforming or otherwise shall:

                  1.   Utilize best management practices whenever possible.
                  2.   Ma4:ntaln a five (5) feet wide grass er planted strip en
                       site alenel all rights ef way and streams te sleiF dewn
                       runeff waters and filter eut sediment.

                  2.   Maintain the buffer requirements outlined in Article VI
                       of the County's Land Development ordinance where such
                       agricultural lands are located in Chesapeake Bay
                       preservation areas.

            B.    All forestal uses whether non-conforming or otherwise shall
                  conform to the following:

                  1.   In order to maintain a rural environment in those areas
                       of the County designated for residential and commercial
                       development, no commercial timbering of lands zoned R-2
                       shall commence until a plan for development (subdivision
                       or site or reforestation plan) has been approved by the
                       Planning Commission or the Zoning Administrator as the
                       case may be. Any plan for reforestation shall require a
                       posting of a bond in an amount sufficient to reforest the
                       area based on current per acre estimate of reforestation
                       by the Virginia Forest Service. No commercial timbering
                       shall be allowed in any development once any lot in the
                       development has been sold.









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       Sec. 9-105. --Permitted uses.

            In the general residential  R-2 district, structures to be erected
       or land to be used shall be for  one or more of the following uses:

            Accessory buildings and uses as outlined in Sec. 9-45 of this
            ordinance.

            Churches, synagogues  and other houses of worship with an approved
            site plan.

            Convalescent, nursing or rest homes with approved site plan.

            Community center with an approved site plan.

            Government buildings and facilities with an approved site plan.

            Libraries with an approved site plan.

            Parks and playgrounds with an approved site plan.

            Public schools with an approved site plan.

            Publi c utilities other than those requiring a conditional use permit
            under Section 9-106 with an approved site plan.

            Radio, television or communication towers not exceeding fifty (50)
            feet in height and satellite dishes provided any of these uses are
            located in the rear yard of a principal permitted use.

            Single-family dwellings.

            Subdivisions for single-family dwellings.

       Sec. 9-106. Uses permitted by conditional use   permit only.

            In the R-2 general residential district,   structures to be erected
       or land to be used f or one or more of the      following uses shall be
       permitted only after tzh_  .----..ee ef a eenditlenal use permit by the
       Beard ef Supe-1-- er its agent after all requirements for a
       conditional use permit in accordance with Division 15 of this article
       have been satisfied, including the preparation of a site plan in
       accordance with Division is of this article, and a conditional use permit
                                                                   cordance w th
       has been issued by the agent or Board of Supervisors in ac
       the provisions of Division 15 of this article:

            Apartments, eendeminli*ms and Cluster-home developments.

            Bed and breakfast/home stay establishment in County-designated
            historic site districts.

            Cemeteries with an appreved site plan.

                                           76












             Child care center with an approved site plan.

             Churches, synagogues and other houses of worship shall only be
             located on rights of way classified as residential collectors.
             Construction trailers and/or portable or temporary buildings for
             offices, storage facilities, public and semipublic uses.

             Group care facilities with an approved site plan.

             Planned unit developments.

             Private schools with an approved site plan.

             Public or private electrical generation facilities, electrical
             substations with a capacity of five thousand (5,000) kilovolt
             amperes or more, and electrical transmission lines capable of
             transmitting sixty-nine (69) kilovolts or more with an approved site
             plan.

             Public or private transmission pipelines, pumping stations and
             accessory storage for natural gas, propane gas, petroleum products,
             chemicals, slurry coal and any other gases, liquids or solids with
             an approved site plan, except that private connections to existing
             pipelines which are intended to serve an individual residential or
             commercial customer and which are accessory to existing or proposed
             development are permitted generally and without a conditional use
             permit.

             Public or private water and sewer facilities, including but not
             limited to treatment plants, pumping stations, storage facilities
             and transmission mains with an approved site plan, except that
             private connections to existing mains which are intended to serve
             an individual residential or commercial customer and which are
             accessory to existing or proposed development are permitted
             generally and without a conditional use permit.

             Public and Private water well fields

             Railroad facilities including tracks and bridges, switching yards
             and stations with an   appproved site plan, except that spur lines
             which are to serve and are accessory to existing or proposed
             development adjacent to existing railroad rights-of -way and track
             and safety improvements in existing railroad rights-of-way are
             permitted generally and without a conditional use permit.

             Water impoundments for public or private use of fifty (50) acres or
             more and a dam height of twenty-five (25) feet or more with an 
		 approved site plan.

             Single-family conversion to two-family, with an approved site plan.
             Two-family dwellings.         77
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             water impoundments f or public or private use of fifty (50) acres or
             more and a dam height of twenty five(25) feet or more with an
		 approved site plan. (12/11/89)

       Sec.  9-107. Accessory building yard requirements.

             Accessory buildings shall have a side and rear yard of not less than
       five  (5) feet.

       Sec.  9-108 through 9-115. Reserved future legislation.









































                                              78
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                Division 7. Multiple Family Residential District, R-3


       sec. 9-116. Intent.

            This district is composed of higher density residential development
       in the form of apartments or condominiums in areas appropriately located
       for such uses. These areas are on major thoroughfares in close proximity
       to commercial areas and other centers of employment. Special regulations
       are needed to ensure the general capability of this development with
       other residential development in the County and to afford the residents
       of these multiple-type family dwellings a living environment consistent
       with that enjoyed by other residents of this rural community.

       Sec. 9-117. General conditions aRplicable to certain uses.

            A.    Any agricultural use, nonconforming or otherwise shall:

                  1.   Utilize best management practices whenever possible.

                  2.   Maintain a five (5) feet wide grass er planted strip en
                       s4:te aleng all rights -ef way and streams te s9zew deiffi
                       i-aneff waters and filter eut sediment.

                  2.   Maintain the buffer requirements outlined in Article VI
                       of the County's Land Development ordinance where such
                       agricultural lands are located in Chesapeake Bay
                       preservation areas.

            B.    All forestal uses whether nonconforming or otherwise shall
                  conform to the following:

                  1.   In order to maintain a rural environment in those areas
                       of the County designated for residential and commercial
                       development, no commercial timbering of lands zoned R-3
                       shall commence until a plan for development (subdivision
                       or site or reforestation plan) has been approved by the
                       Planning Commission or the Zoning Administrator as the
                       case may be. Any plan for reforestation shall require a
                       posting of a bond in an amount sufficient to reforest the
                       area based on current per acre estimate of reforestation
                       by the Virginia Forest Service. No commercial timbering
                       shall be allowed in any development once any lot in the
                       development has been sold.

            C.    All churches, synagogues, and other houses of worship with the
                  R-3 zoning district shall be permitted with an approved site
                ..plan enly be leeated en r4:ghts ef way elass44 4:ed a5 res4:dent4.al
                  eelleeters.







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      Sec. 9-118. Permitted uses.

            In the multiple family residential R-3 district, structures to be
      erected or land to be used shall be f or one or more of the following
      uses: Apartments with approved site plan.

            Accessory buildings and uses as outlined in Sec. 9-45 of this
            ordinance.

            Cluster homes with an approved site plan.

            Condominiums with an approved site plan.

            Developments incorporating both apartments and condominiums with an
            approved site plan provided that no more than sixty-five percent
            (65%) of all dwelling units are either apartments or condominiums.

            Libraries with an approved site plan.

            Parks and playgrounds with an approved site plan.

            Public schools with an approved site plan.

            Public utilities other than those requiring a conditional use permit
            under Section 9-119 with an approved site plan.

            Radio, television or communication towers not exceeding fifty (50)
            feet in height and satellite dishes provided any of these uses are
            located in the rear yard of a principal permitted use.

      Sec. 9-119. Uses permitted by conditional use permit only.

            In the R-3 multiple family residential district, structures to be
      erected or land to be used for one or more of the following uses shall
      be permitted only after the @ssuanee ef a eendA:tlenal use permit by the
      Beard e@g Giapervisers er its agent: all requirements for a conditional use
      permit in accordance with Division 15 of this article have' been
      satisfied, including the preparation of a site plan in accordance with
      Division 18 of this article, and a conditional use permit has been issued
      by the agent or Board of Supervisors in accordance with the provisions
      of Division 15 of this article:

            Cemeteries with an appreved site plan.

            Churches, synagogues and other houses of worship shall enly be
            leeated en rights ef way elassifled as residential eelleeteL-s.
            Construction trailers and/or portable or temporary buildings for
            offices, storage facilities, public and semipublic uses.

            Golf course/country clubs with an appreved s4:te plan.

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              Group care facilities.

              Planned unit developments.

              Private schools with approved site plan.

              Public or private electrical generation facilities, electrical
              substations with a capacity of five thousand (5,000) kilovolt
              amperes or more, and electrical transmission lines capable of
              transmitting sixty-nine (69) kilovolts or more with an approved site


              Public or private transmission pipelines, pumping stations and
              accessory storage for natural gas, propane gas, petroleum products,
              chemicals, slurry coal and any other gases, liquids or solids with
              an approved site plan, except that private connections to existing
              pipelines which are intended to serve an individual residential or
              commercial customer and which are accessory to existing or proposed
              development are permitted generally and without a conditional use
              permit.

              Public or private water and sewer facilities, including but not
              limited to treatment plants, pumping stations, storage facilities
              and transmission mains with an approved site plan, except that
              private connections to existing mains which are intended to serve
              an individual residential or commercial customer and which are
              accessory to existing or proposed development are permitted
              generally and without a conditional use permit.

              Public and Private water well fields

              Railroad facilities including tracks and bridges,                 yards
              and stations with an approved site plan, except       that spur lines
              which are to serve and are accessory to existing or proposed
              development adjacent to existing railroad rights-of-way and track
              and safety improvements in existing railroad rights-of-way are
              permitted generally and without a conditional use permit.

              Water impoundments for public or private use of fifty (50) acres or
              mere and a dam height of twenty five (25) feet or mere with an
              approved site plan.

        Sec.  94q-120.     Maximum gross density in      apartment and condominium
        development.

              Maximum gross density in any apartment    or condominium development
        shall not-exceed twenty.(20). dwelling, units per acre.





                                             81
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       Sec. 9-121. Right-of-way standards.

            The minimum right-of -way for any street, road or thoroughfare within
       an apartment or condominium development shall meet VDOT standards be
       fifty (59) feet.

       Sec. 9-122.   Special conditions related to apartment and condominium
       development.

            A.   The developer shall receive the approval of the Department of
       Health relative to the provision of a potable water supply and adequate
       sewage disposal facilities.

            B.   No outside area or equipment shall be provided for the hanging
       of laundry or the outside airing of laundry in any manner.      A laundry
       shall be provided within each apartment building or condominium unit with
       sufficient area and equipment for the laundering and artificial drying
       of laundry belonging to the occupants of each building.

            C .  Each building shall contain a single master television antenna
       system which shall serve all dwelling units within the building.

            D.   If trash and garbage collection is provided through the
       location of steel dumpster containers, they shall be located conveniently
       to the dwelling units: shall be screened from view by decorative masonry
       walls, shrubs or fences and shall be located on concrete'pads with a
       sufficient strength rating to withstand the weight of a garbage disposal
       truck.

            E. Each dwelling unit and combined complex of dwelling units shall
       have a compatible architectural theme, with variations in design to
       provide attractiveness to the development which shall               include
       consideration of landscaping techniques, building orientation to the site
       and to other structures, topography, natural features, and individual
       dwelling unit design. Techniques to be considered are varying widths of
       units, staggering unit setbacks. providing different exterior materials,
       changing roof lines and roof designs, altering building heights, changing
       the types of windows an shutters, doors, porches, and the vertical or
       horizontal orientation of the facades singularly or in combination.

            F.   In order to prevent the development of long and monotonous
       buildings and ridge lines which serve to increase the sense of density,
       lack of interest, and liken the development to a barracks, overall
       structures of attached townhouses shall consist of no more than eight
       townhouse dwelling units. There shall be at least three different ridge
       line heights in each overall structure of attached townhouses which shall
       vary by at least three (3) feet. In any structure of attached townhouses
       no more than two (2) adjacent dwelling units shall have the same setback.
       Setbacks shall vary by at least eight feet.




                                          82










             Buildings may consist of any configuration that meets the prescribed
        area and yard requirements and does not exceed the following overall or
        component building lengths or standards:

             1.   Two hundred (200) feet on any one plane.

             2.   Three hundred and forty (340) feet on any angle.

             3.   Five hundred (500) feet along the center line of the building.

             4.   No more than sixteen (16) dwelling units shall be contained in
                  any one building and there shall be no more than four (4)
                  dwelling units in any unbroken line.    A setback of not less
                  than eight (8) feet shall be deemed as a satisfactory offset
                  in a building line.

             5.   No townhouse dwelling unit shall be less than sixteen (16) feet
                  in width.

             Land area of at least five hundred and sixty (560) square f  eet for
        each dwelling unit shall be specified on the site plan and improved by
        the developer as active recreation areas for use by residents of the
        development.   Such areas shall be an integral part of the development
        and shall be at least one-half (1/2) acre in size. Such area shall be
        at least one hundred (100) feet wide and have a grade of less than five
        percent (5%). Recreational facilities shall include residential swimming
        pools, regulation doubles tennis courts, tot lots and playgrounds. The
        developer may be permitted to substitute other recreational facilities
        as an equivalent alternative if deemed appropriate by the Zoning
        Administrator.

        Secs. 9-123 to 9-129.   Reserved for future legislation.





















                                           83




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                                Table of Regulations                                I
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        Sec. 9-130.  Table of Regulations (continued)

       (a)   Public utility structures may be constructed to any necessary
       height, when located as f ar from all lot lines as the height of the
       structure.

       (b)   For corner lots the minimum area shall be twenty-seven thousand
       (27,000) square feet.

       (c) For corner lots the minimum width at the set back line shall be one
       hundred and twenty-five (125) feet. The front of the lot shall be the
       shortest of the two side lines adjacent to the street.

       (d) Or greater where specified elsewhere in this ordinance.

       (e) Greater heights when required for a particular use may be authorized
       by the Board of Zoning Appeals as a special exception.

       (f) Finished floor area for one-story dwellings may be one thousand two
       hundred (1,200) square feet.

       (g)   Finished floor area for one-story dwellings may be one thousand
       eight hundred (1,800) square feet.

       (h)   Finished floor area for one-story dwellings may be one thousand
       seven hundred (1,700) square feet.

       (i) Finished floor area for one-story dwellings may be one thousand four
       hundred (1,400) square feet.

       (j) Total floor area, each dwelling unit. However, studio apartments
       may be two hundred eighty (280) square feet; provided, that the average
       floor areas of the units in a multi-family development or phase thereof
       is at least five hundred (500) square feet.

       (k)   Finished floor area for one-story dwellings may be nine hundred
       (900) square feet.

       (1) A maximum of one-third (1/3) of the total floor area of the dwelling
       may be contained in unfinished rooms capable of being made livable floor
       area.


       (m)   For lots served by public water and sewer, the minimum lot area
       shall be ten thousand (10,00) square feet.

       (n) For lots served by public water and sewer systems, the minimum lot
       area shall be twelve thousand (12',000) square feet.

       (o)  On any street right-of-way which is less than fifty (50) feet in
       width all buildings shall be set back sixty (60) feet or more from the
       center line of the
       street right-of-way.               85











        (p) Approved site plan required.

       .(q) Yard   requirements for multi-family housing:

             1.    Buffers: A landscaped buffer area at      least twenty-five (25)
                   feet in width shall be maintained surrounding all apartment and
                   condominium developments and no parking areas or structures
                   shall be located within such twenty-f ive (25) f oot buf f er area.

             2.    Side: The minimum side yard width for any structure shall be
                   thirty (30) feet.     If a side yard abuts a residential or
                   agricultural zoning district, the side yard shall be increased
                   to a minimum of seventy-five (75) feet.

             3.    Rear: Each structure shall have a rear yard of not less than
                   fifty (50) feet.     If the rear yard abuts a residential or
                   agricultural zoning district, the minimum rear yard shall be
                   seventy-five (75) feet.

             4.    The minimum yard area between buildings located on the same
                   parcel shall be measured horizontally in feet and shall be
                   measured away from the front, side, and rear of each building.
                   No building as measured radially from any corner shall be
                   closer to any other building corner than the combined distance
                   of the yard requirements for each building.          The combined
                   distance of two (2) side yards shall exclude any driveway or
                   vehicular access, such driveway or vehicular access width being
                   in addition to the combined yard width.

       Secs. 9-131 through 9-135. Reserved for future legislation.























                                             86












                           Division 9. Mobile Home Parks, MHP


        Sec. 9-136. Intent.

             This district is intended to accommodate high-density single f amily
        residential mobile home Parks.       Regulations for this district are
        designed to promote an appropriate residential environment for family
        life; to establish minimum standards governing the construction and
        maintenance of mobile home parks; establish minimum standards governing
        utilities and facilities and other physical things and conditions to make
        mobile home parks safe, sanitary and fit for human habitation, and to fix
        the responsibilities and the duties of the owners of mobile home parks.

        Sec. 9-137. General conditions applicable to certain uses.

             A.   Any agricultural use, nonconforming or otherwise shall:

                  1.    Utilize best management practices whenever possible.

                  -2.   MalntaA;n a fi:ve (5) feet wide grass er planted st:v4:p en
                        94-te aleng all r4ghts ef way and streams te slew dewn
                        r-ene@Ef watei-9 and filter eut sediment.

                  2.    Maintain the buffer requirements outlined in Article VI
                        of the County's Land Development ordinance where such
                        agricultural lands are located in Chesapeake Bay
                        preservation areas.

             B.   All   forestal uses whether nonconforming or otherwise shall
                  conform to the following:

                  1.    In order to maintain a rural environment in those areas
                        of the County designated for residential and commercial
                        development, no commercial timbering of lands zoned MHP
                        shall commence until a plan for development (subdivision
                        or site or reforestation plan) has been approved by the
                        planning Commission or the Zoning Administrator as the
                        case may be. Any plan for reforestation shall require a
                        posting of a bond in an amount sufficient to reforest the
                        area based on current per acre estimate of reforestation
                        by the Virginia Forest Service. No commercial timbering
                        shall be allowed in any development once any lot in the
                        development has been sold.

        Sec. 9-138. Permitted uses.

             In the mobile home parks MHP district, structures to be erected or
        land to be used shall be for one or more of the following uses:

             Accessory buildings and uses as outlined in Sec. 9-45 of this
             ordinance.



                                            87











            Community centers with    an approved site plan.

            conveniences stores

            Golf courses with an approved site Plan

            Laundromats

            Mobile home parks with an approved site plan.

            Parks and playgrounds with an approved site plan.

            Public utilities not requiring a conditional use permit under the
            provisions of Section 9-139 with an approved site plan.

            Radio, television or communication towers not exceeding fifty (50)
            feet in height and satellite dishes provided any of these uses are
            located in the rear yard of a principal permitted use.

            
       Sec. 9-139. Uses Permitted by conditional use permit only.

            In the MR? mobile home parks district, structures to be erected or
       land to be used for one or more of the following uses shall be permitted
       only after the issuance of a conditinal use permit by the Board of        I
       Supervisors or its agent all requirements for a conditional use permit
       in accordance with Division 15 of this article have been satisfied,
       including the preparation of a site plan in accordance with Division is
       of this article, and a conditional use permit has been issued by the
       agent or Board of Supervisors in accordance with the provisions of
       Division 15 of this article:

            Construction trailers and/or portable or temporary buildings for
            offices, storage facilities, public and semipublic uses.

            Public or private electrical generation facilities, electrical
            substations with a capacity of five thousand (5,000) kilovolt
            amperes or more, and electrical transmission lines capable of
            transmitting sixty-nine (69) kilovolts or more with an approved site
            plan.

            Public or private transmission pipelines, pumping stations and
            accessory storage for natural gas, propane gas, petroleum products,
            chemicals, slurry coal and any other gases, liquids or solids with
            an approved site plan, except that private connections to existing
            pipelines which are intended to serve an individual residential or
            commercial customer and which are accessory to existing or proposed
            development are permitted generally and without a conditional use
            permit.
 










              Public or private water and sewer facilities, including but not
              limited to treatment plants, pumping stations, storage facilities
              and transmission mains w4:th an appreved site plaft, except that
              private connections to existing mains which are intended to serve
              an individual residential or commercial customer and which are
              accessory to existing or proposed development are permitted
              generally and without a conditional use permit.

              Public and Private water well fields

              Railroad facilities including tracks and bridges, switehing yards
              and statiens w4:th an              site plan, except that spur lines
              which are to serve and are accessory to existing or proposed
              development adjacent to existing railroad rights-of-way and track
              and safety improvements in existing railroad rights-of-way are
              permitted generally and without a conditional use permit.

        Sec.  9-140. Area recruirements.

              The minimum area of a mobile home park shall be five (5) acres.

        Sec.  9-141. Density requirements.

              Intensity of development shall be limited to no more than four (4)
        mobile homes per acre of gross area.            Each site or space for an
        individual mobile home shall not be less than ten thousand (10,000)
        square feet in area and sixty (60) feet wide; except that a space for a
        double-wide mobile home shall not be less than seventy-five (75) feet
        wide.


        Sec. 9-142. Setback reguirements.

              Mobile home parks shall be located fifty (50) feet or more from any
        State maintained street right-of-way which is fifty (50) feet or greater
        in width or seventy-five (75) feet or more from the center line of any
        street right-of-way less than fifty (50) feet in width. this shall be
        known as the "setback line".


        Sec. 9-143. Frontage requirements.

              Each mobile home park shall have a minimum frontage of two hundred
        (2 00 ) feet on a State-maintained road.

        Sec. 9-144. Yard recuirements.

              No, mobile home lot, line shall be nearer than fifty (50). feet from
        the-  exterior, boundary ' line of ''the zohin4 'district'.,'   The greL@inbelt
        planting strip required by Section 9-146 may be included within this
        fifty (50) feet.

        Sec. 9-143. Heicrht recmirements.



                                              89










          All buildings not otherwise exempt shall be limited to one-story
      structures not exceeding fifteen (15) feet in height.            Television
      antennas and radio aerials are not exempt in the PMP district.

      Sec. 9-146. Greenbelt reguirements,

          A mobile home park shall have a greenbelt planting strip not less
      than twenty (20) feet along all park  boundaries.

      Sec. 9-147.  Sipacinci requirements.

          Mobile homes shall be placed in spaces so that, at the nearest
      point, they shall be a least twenty (20) feet from all internal streets,
      any other mobile home, or attachment thereto, and any accessory
      structure.


      Sec. 9-148. Recreation are  as.

          Mobile home parks shall provide open space area for recreational
      purposes having an area equal to ten percent (10%) of the mobile home
      mark.


      Sec. 9-149. Internal streets.

          Where off-street parking is provided, the minimum width of internal
      streets an which an individual mobile home lot fronts shall be twenty-six
      (26) feet and have an all-weather surface. Where off-street parking is
      not provided, the minimum internal street shall be fifty (50) feet in
      width and have an all-weather surface. In cases when internal streets
      dead-end, there shall be constructed a cul-de-sac with a minimum turning
      radius of thirty-five (35) feet. No cul-de-sac shall exceed five hundred
      (500) feet in length.

      Sec. 9-150. Speed limits.

          The owner of a mobile home park shall post in a prominent location
      a sign limiting the speed on all internal streets to not more than
      fifteen (15) miles per hour.

      Sec. 9-151.  LandscarincT.

          Any part of each lot not used for buildings or other structures, or
      of-ILf-street parking, recreation use, drives and pedestrian walks, central
      laundry drying yards, garbage and trash collection stations, shall be
      planted or screened wit@i appropriate planted ground cover, trees,
      flowers, shrub and grass lawns, all of which shall be properly
      maintained.







                                          90












        Sec. 9-152. Garbacre collection.

             The owner of the mob    ile home park shall provide for the central
        location of and collection of trash and garbage containers which shall
        be emptied at least two times per week.

        Sec. 9-153. Groundmarkers for lots.

             Lot corners shall be clearly defined by permanent ground markers
        corresponding to the approved site plan.

        Sec. 9-154. Underground utilities.

             All utilities shall be underground, except control instrumentation
        and substations which must be screened by planting or ornamental walls.
        No overhead wires are permitted within the park.

        Sec. 9-155. Water and sewer.

             The owner of the mobile home park shall provide each mobile home
        space with individual water and sewage connections. A privately-owned
        central water and/or sewage disposal plant may be provided for an entire
        mobile home park. Septic tanks shall be adequate so long as there are
        not more than two mobile home spaces connected to each septic tank.
        installation of water and sewage systems and installation of septic tanks
        shall be subject to the inspection and approval of the County Health
        Inspector.

        Sec. 9-156. Electrical connections.

             The owner of the mobile home park shall provide each mobile home
        szace with suitable electrical outlets installed in accordance with the
        BO-CA and NEA Codes.    Installation of such electrical outlets shall be
        subject to the inspection and approval of the County Building Official.

        Sec. 9-157. Blocking and tiedowns.

             It shall be the responsibility of the mobile home park owner to see
        that all mobile homes within his park are blocked and tied in accordance
        with the Statewide Uniform Building Code.

        Sec. 9-158. Skirting.

             It shall be the responsibility of the mobile home park owner to see
        @_hat all mobile homes are completely skirted with a fire-resistant
        material approved by the Building Inspector.

        Sec. 9-159. Certificate of Occupancy.

             No mobile home located within a mobile home park shall be occupied
        without a certificate of occupancy issued by the Building Official of New
        Kent County.

                                              91













       Sec. 9-160. Site Plan required.

            To construct, operate and maintain a mobile home park in New Kent
       County, a site plan must be prepared in accordance with Division is of
       this article, and approved by the Zoning Administrator. 
       

       Sec. 9-161. Registration of occupnts.

            Every mobile home park owner shall maintain a register containing
       a record of all mobile homes and occupants using the mobile home park.
       Such register shall be available to any authorized person inspecting the
       park including the Zoning Administrator and Building Official, to the
       Commissioner of Revenue of New Kent County, an any law enforcement
       offcer in the performance of his official duties, and shall be preserved
       for a period of not less than three (3) years. Such register shall
       contain the following information:

            A.    Name and address of each occupant with ages of all occupants
                  under eighteen (18) years of age.

            B.    Mobile home license number, if any, serial number and
                  manufacturer's name, length and width.

            C.    mobile home space to which assigned.

            D.    Last place of location.


            E.    Date of arrival.

            F.    Date of departure.

       Sec. 9-162. Existing parks.

            All mobile home parks  existing at the date of passage of this
       article are designated as nonconforming uses and shall be subject to all
       provisions of this article regulating nonconforming uses. Nothing herein

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       shall eliminate the necessity for compliance with Sections 9-145, 9-150,
       9-152, 9-155, 9-156, 9-157, 9-158, 9-159, and 9-161.

       Secs. 9-163 through 9-166. Reserved for future legislation.























































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                      Division 10.  Business    Limited, B-1

            This district is intended for the conduct of business to which the
      public requires direct and frequent access, but which is not
      characterized either by constant heavy trucking other than stocking and
      delivery of light retail goods, or by any nuisance factors other than
      those occasioned by incidental light and noise of congregation associated
      with small business, commercial and service establishments.

      Sec. 9-168. General conditions applicable to certain uses.

            A.   Any agricultural use, nonconforming or otherwise shall:

                 1.   Utilize best management practices whenever possible.

                 
                 2.   Maintain the buffer requirements outlined in Article VI
                      of the County's Land Development ordinance where such
                      agricultural lands are located in Chesapeake Bay
                      preservation areas.

            B.   All  forestal uses whether nonconforming or otherwise shall
                 conform to the following:

                 1.   In order to maintain a rural environment in those areas
                      of the County designated for residential and commercial
                      development, no commercial timbering of lands zoned B-1
                      shall commence until a plan for development (subdivision
                      or site or reforestation plan) has been approved by the
                      Planning Commission or the Zoning Administrator as the
                      case may be. Any plan for reforestation shall require a
                      posting of a bond in an amount sufficient to reforest the
                      area based on current per acre estimate of reforestation
                      by the Virginia Forest Service. No commercial timbering
                      shall be allowed in any development once any lot in the
                      development has been sold.

            C.   All  retail activities in the B-1 district in buildings
                 containing more than ten thousand (10,000) square feet in floor
                 area shall require a conditional use permit.

      Sec. 9-169. Permitted uses.

            In the Business General, B-1 district, structures to be erected or
      land to be used shall be for one or more of the following uses and each
      of the uses permitted in this district shall require an approved site
      plan prepared in accordance with the provisions of Division 18 of this
      article:



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           Accessory buildings and uses as outlined in Sec. 9-45 of this
           ordinance.

           Antique shops.

           Assembly halls.

           :N,ate sales and serylee-.


           Automobile sales.


           Automobile service station.


           Banks.


           Barber and beauty shops.

           Business and professional offices.

           Child care centers.


           Churches.

           Clothing stores.

           Clubs.

           Computer and data processing centers.

           Convalescent, nursing, and rest homes.

           Convenience stores.

           Dance or music studios.

           Drug stores.

           Dry cleaning pick up outlets.

           Florist shops.

           Gift, record and tobacco shops.

           Government buildings and facilities.

           Hospitals and medical facilities.

           Laundromats.


           Libraries.


           Marinas.


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             Miniature golf.

             Photography studios.

             Print Shops.

             Public utilities which do not require a conditional use permit under
             the provisions of Section 9-170.

             Radio, television or communication towers not exceeding fifty (50)
             feet in height provided it shall be located in the rear yard of a
             principal permitted use.

             Restaurants that do not serve alcoholic beverages.

             

             
             Retail sales and service.

             Satellite dishes located in the side, front, or rear yard provided
             such satellite dish, shall set back fifty (50) feet or more from any
             state maintained or privately owned, public right-of-way and shall
             comply with the side and rear yard setbacks for accessory
             structures.


             

             Theaters, enclosed.

             Veterinary clinics.

             Yacht clubs with an approved site plan.

       Sec.  9-170. Uses permitted bv conditional use permit only.

             In the Business General, B-1 district, structures to be erected or
       land  to be used for one or more of the following uses shall be permitted
       only  after          requirements
       for a conditional use permit in accordance with Division 15 of this
       article have been satisfied, including the preparation of a site plan in
       accordance with Division I8 of this article, and a conditional use permit
       has been issued by the agent or Board of Supervisors in accordance with
       the provisions of Division 15 of this article:

             Automobile service garage.



                                              97











           Construction trailers and/or portable or temporary buildings for
           offices, storage facilities, public and semipublic uses.

           Group care facilities.

           office park with approved site plan.

           Planned unit developments.

           Public or private electrical generation facilities, electrical
           substations with a capacity of five thousand (5,000) kilovolt
           amperes or more, and electrical transmission lines capable of
           transmitting sixty-nine (69) kilovolts or more.

           Public or private transmission pipelines, including pumping stations
           and accessory storage for natural gas, propane gas, petroleum
           products, chemicals, slurry coal and any other gases, liquids, or
           solids, except that private connections to existing pipelines which
           are intended to serve an individual residential or commercial
           customer and which are accessory to existing or proposed development
           are permitted generally and without a conditional use permit.

           Public or private water and sewer facilities, including but not
           limited to treatment plants, pumping stations, storage facilities
           and transmission mains, except that private connections to existing
           mains which are intended to serve an individual residential or
           commercial customer and which are accessory to existing or proposed
           development are permitted generally and without a conditional use
           permit.

           Public and Private water well fields

           Radio, television or communication stations and/or towers which
           exceed fifty (50) feet in height.

           Railroad facilities including tracks and bridges, switching yards
           and stations, except that spur lines which are toserve and are 
           accessory to existing or proposed development adjacent to existing
           railroad rights-of-way are permitted generally and without a
           conditional use permit.

           Restaurants.

           Retail or service uses which exceed ten thousand (10, 000) square
           feet in floor area.

           Water impoundments for public or private use of fifty (50) acres or
           more and dam height of twenty-five (25) feet or more.












       Sec. 9-171.   Area requirements.

            The miniminn lot area for permitted uses shall be fifteen thousand
       (15,000) square feet except that corner lots shall have a minimum area
       of twenty thousand (20,000) square feet.

       Sec. 9-172. Setback requirements.

            All structures shall be located a minimum of twenty (20) feet from
       any deeded right-of-way.

       Sec. 9-173.   Width requirements.

            The minimum width for permitted uses shall be one hundred (100) feet
       except that corner lots shall have a.minimum width of two hundred (200)
       feet.


       Sec. 9-174.   Yard recruirements.

            A.    Side:  The minimum side yard for any structure shall be ten
                  (10) feet and the total width of the two required side yards
                  shall be twenty (20) feet or more.

            B.    Rear: All structures shall have a rear yard of ten (10) feet
                  or more.


       Sec. 9-XXX. Provisions for the Waiver of Yard Recruirements.

            A waiver shall be permitted to allow the subdivision of commercial
       property on which commercial units for sale, for sale in condominium, or
       for lease are constructed as part of a multi-unit structure in which the
       units share common walls or as part of a multiple-structure commercial
       development, the agent may grant, at his discretion, a waiver from any
       part of Sec. 9-174 of this article finding:

            A.    The overall complex or structure, if considered as a single
                  unit, meets all of the requirements of Sec. 9-174;
            B.    adequate parking is provided as per the requirements of
                  Division 19 of this article, and where determined necessary by
                  the Commission, adequate easements or other agreements are
                  recorded to guarantee access and maintenance of the parking
                  areas and other common areas;

            C.    adequate provisions are made to assure compliance with Division
                  20 of this Article, and where determined necessary by the
                  commission, adequate easements or agreements are recorded to
                  allow grouping of signs on one standardi placement-o   f signs in
                  common areas or other appropriate arrangements made necessary
                  because of the reduced yard area of the individual units; and,




                                            99











           D.    The complex or structure is designed and serviced from the
                 standpoint of safety, and that the County Fire Chief certifies
                 that fire safety equipment and access for emergency vehicles
                 is adequate, and the County Building official certifies the
                 complex is designed to couf orm to the BOCA Code, so as to of f er
                 adequate protection to life and property.

      Sec. 9-175. Height requirements.

           All structures not exempted under the provisions of Section 9-60 may
      be erected to a height not to exceed forty (40) feet.

      Sec. 9-176.   Sign and Parkincr Requirements.

           For regulations concerning signs, see Division 20--Signs, page 120.
      For regulations concerning parking, see Division 19--Off-street Parking,
      Driveways and Loading Areas, page ill.

      Sec. 9-177 through 9-180. Reserved for future lecTislation.






































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                     Division 11. Business Limited General, B-2


      Sec. 9-181. Intent.

            This district is intended to provide locations for commercial uses
      servicing the needs of a broader service area than that of the Business
      General (B-1) uses and also those commercial activities not necessarily
      associated with highway access and the traveling public.

      Sec. 9-182. General conditions applicable to certain uses.

            A.   Any agricultural use, nonconforming or otherwise shall:

                 1.   Utilize best management practices whenever possible.
                 2.   Maintain a five (5) feet wide grass or planted strip on
                      site along all rights of way and streams to slow down 
                      runoff waters and filter out sediment.

                 2.   Maintain the buffer requirements outlined in Article VI
                      of the County's Land Development ordinance where such
                      agricultural   lands are located in Chesapeake Bay
                      preservation areas.

            B.   All  forestal uses whether nonconforming or otherwise shall
                 ccnform to the following:

                     In order to maintain a rural environment in those areas
                      of the County designated for residential and commercial
                      development, no commercial timbering of lands zoned B-2
                      shall commence until a plan for development (subdivision
                      or site or reforestation plan) has been approved by the
                      Planning commission or the Zoning Administrator as the
                      case may be. Any plan for reforestation shall require a
                      posting of a bond in an amount sufficient to reforest the
                      area based on current per acre estimate of reforestation
                      by the Virginia Forest Service. No commercial timbering
                      shall be allowed in any development once any lot in the
                      development has been sold.

      Sec. 9-183. Permitted uses:

            In the B-2, Business Limited District, structures to be erected or
      land to be used shall be for one or more of the following uses and each
      of the uses permitted in this district shall require an approved site
      plan prepared in accordance with the provisions of Division IS of this
      article:

            All uses not requiring a special use permit in the B-I district.

            Accessory buildings and uses as outlined in sec. 9-45 of this
            ordinance.



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          Amusement parks.

          antique shops.

          Assembly halls.

          Auto parts sales.

          Auto sales and services.

          Automobile service garage.

          Banks                                                                   

          Barber and beauty shops.

          Bcat sales.

          Broadcasting studios.

          Business and professional offices.

          Child care centers.


          Churches.


          Clothing stores.


          Clubs.


          Computer and data processing centers.


          Conference centers.


          Convalescent, nursing and rest homes.

                        
          Convenience, mini supermarkets. 


          Dance and music studios.


          Drug stores.


          Dry cleaning outlets.

          Farm equipment sales.

          Feed and seed stores.

          Florist shops.

          Funeral homes.



                                         102












           Game rooms, amusement facilities.

           Gift, record and tobacco shops.

           Government buildings and facilities.

           Hardware stores.

           Home appliance, sales and indoor service.

           Hospitals and medical facilities.

           Hotels, motels.

           Laundromats.


           Lumber and building supply centers.

           Machine sales and indoor service.

           Mini-storage units.

           Mobile and motor home sales.

           Office parks with approved site plan.

           Photography studios.

           Personal services.


           Plant nurseries.

           Plumbing and electrical supply outlets.

           Print shops.

           Professional offices.

           Public utilities not requiring a conditional use permit under the
           provisions of Section 9-184.

           Radio, television or communication towers not exceeding fifty (50)
           feet in height provided it shall be located in the rear yard of a
           principal permitted use.

           Rental centers.
           
           Restaurants.

           Retail bakeries.
          
           Retail pet stores.

                                         103












            Retail establishments over ten thousand (10,000) square feet in
            size.

            Sale of household furniture and furnishings.

            
           
           

             

            

            Tourist homes.


            Upholstery shops.

            
      Sec.  9-184. Uses Permitted by conditional use peRMit only.

            In the B-2, Business Limited District, structures to be erected or
      land  to be used for one or more of the following uses shall be permitted
      only  after 
       all requirements for
      a conditional use permit in accordance with Division 15 of this article
      have been satisfied, including the preparation of a site plan in
      accordance with Division 18 of this article, and a conditional use permit
      has been issued by the agent or Board of Supervisors in accordance with
      the provisions of Division 15 of this artic1e:

            Accessory apartments as defined in 9-37 of this article.

            

            Automobile repair.

            Bus terminals/stations.

            Cemeteries.

            Construction trailers and/or portable or temporary buildings for
            offices, storage facilities, public and semipublic uses.

            


            Kennels.


            Office Park.



                                             104
















                                                   -4-
            public or private eleetr1eal: Ejener                        electrical
            substations with a capacity of five thousand (5,000) kilovolt
            amperes or more, and electrical transmission lines capable of
            transmitting sixty-nine (69) kilovolts or more.

            Public or private transmission pipelines, including pumping stations
            and accessory storage for natural gas, propane gas, petroleum
            products, chemicals, slurry coal and any other gases, liquids or
            solids, except that private connections to existing pipelines which
            are intended to serve an individual residential or commercial
            customer and which are accessory to existing or proposed development
            are permitted generally and without a conditional use permit.

            Public or private water and sewer facilities, including but not
            limited to treatment plants, pumping stations, storage facilities
            and transmission mains, except that private connections to existing
            mains which are intended to serve an individual residential or
            commercial customer and which are accessory to existing or proposed
            development are permitted generally and without a conditional use
            permit.

            Public and Private water well fields

            Radio, television or communication stations and/or towers which
            exceed fifty (50) feet in height.

            Railroad facilities including tracks and bridges, sw_Jteh_JnEj yards,
            and stati:ens,_ except that spur lines which are to serve and are
            accessory to existing or proposed development adjacent to existing
            railroad rights-of-way and track and safety improvements in existing
            railroad rights-of-way are permitted generally and without a
            conditional use permit.

            Research centers.


            Residential apartments located above or adjacent to a business.

            Water impoundments for public or private use ef f4:fty ESO) aeres er
            mere and a dam height ef t-wenty-five (25) feet er mei-c.

       -Sec. 9-185. Area requirements.

            The minimum lot area for permitted uses shall be thirty thousand
       (30,000) square feet.

       Sec. 9-186. Setback requirements.

            All structures shall be located a minimum of twenty (20) feet from
       any deeded right-of-way.




                                          105











       Sec. 9-187. Width requirements.

            The minimum width for permitted uses shall be one hundred fifty
       (150) feet.

       Sec. 9-188. Yard requirements.

            A.    Side: The minimum side yard for any structure shall be twenty
                  (20) feet and the total width of the two required side yards
                  shall be forty (40) feet or more.

            B.    Rear:  Each main structure shall have a rear yard of twenty
                  (20) feet or more.

            C.    Accessary buildings shall have a minimum side and rear yard of
                  five (5) feet.

       Sec. 9-XXX.  Provisions for the Waiver of Yard Recruirements.

            A waiver shall be permitted to allow the subdivision of commercial
       property on which commercial units for sale, for sale in condominium, or
       for lease are constructed as part of a multi-unit structure in which the
       units share common walls or as part of a multiple-structure commercial
       development, the agent may grant, at his discretion, a waiver from any
       part of Sec. 9-188 of this article finding:

            A.    The overall complex or structure, if considered as a single
                  unit, meets all of the requirements of Sec. 9-188;
            B.    adequate parking is provided as per the requirements of
                  Division 19 of this article, and where determined necessary by
                  the Commission, adequate easements or other agreements are
                  recorded to guarantee access and maintenance of the parking
                  areas and other common areas;

            C.    Adequate provisions are made to assure compliance with Division
                  20 of this Article, and where determined necessary by the
                  Commission, adequate easements or agreements are recorded to
                  allow grouping of signs on one standard, placement of signs in
                  common areas or other appropriate arrangements made necessary
                  because of the reduced yard area of the individual units; and,

            D.    The complex or structure is adequately designed and serviced
                  from the standpoint of safety, and that the County Fire Chief
                  certifies that fire safety equipment and access for emergency
                  vehicles is adequate, and the County Building official
                  certifies the complex is designed to conform to the BOCA Code,
                  so as to offer adequate protection to life and property.

       Sec. 9-189. Heicrht recuirements.

            All structures not exempted under the provisions of Section 9-60 may
       be erected to a height not to exceed forty (40) feet.

                                           106












      Sec. 9-190. Signs and parking requirements.

           For regulations concerning signs, see Division 20-Signs, page 120.
      For regulations concerning parking, see Division 19--of f -street Parking,
      Driveways and Loading Areas, page 111.

      Sec. 9-191 through 9-195. Reserved for future le(zislation.

















































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                 Division 13. Warehousing and Limited Industrial, M-1

       sec. 9-211. Intent.

            This district is intended for the location of the uses such as
       warehousing and distribution centers which do not have inherent
       characteristics that are obnoxious, injurious, offensive or hazardous to
       the health, safety or general welfare of the community. The development
       of large tracts of land in a park-like setting is encouraged in an effort
       to promote formation of well-planned and identifiable "industrial parks".


       Sec. 9-212.   General conditions applicable to certain uses.

            A.    Any agricultural use, nonconforming of otherwise shall:

                  1.   Utilize best management practices whenever possible.

                       

                  2.   Maintain the buffer requirements outlined in Article VI
                       of the County's Land Development ordinance where such
                       agricultural lands are located in Chesapeake Bay
                       preservation areas.

            B.    All  forestal uses whether nonconforming or otherwise shall
                  conform to the following:

                       In order to maintain a rural environment in those areas
                       of the County designated for residential and commercial
                       development, no commercial timbering of lands zone M-I
                       shall commence until a plan for development (subdivision
                       or site or reforestation plan) has been approved by the
                       planning commission or the Zoning Administrator as the
                       case may be. Any plan for reforestation shall require a
                       posting of a bond in an amount sufficient to reforest the
                       area based on current per acre estimate of reforestation
                       by the Virginia Forest Service. No commercial timbering
                       shall be allowed in any development once any lot in the
                       development has been sold.

       Sec. 9-213. Permitted uses.

            




                                            115










          In the x-i, warehousing an d Limited Industrial District, structures
     to be erected or land to be used shall be f or one or more of the
     following uses and each of the uses permitted in this district shall
     require an approved site plan prepared in accordance with the provisions
     of Division 18 of this article:

          Accessory buildings and uses as outlined in Sec. 9-45 of this
          ordinance.

          Assembly of electrical and electronic devices.

          Auto repair.

          Auto body repair.

          Auto sales and service.

          Boat building and repair, including engine repair.

          Cabinet/furniture manufacturing.

          Child daycare spensered by empleyer en site.

          Computer and data processing center.

          Contractor storage.

          convenience stores.


          Grain storage.

          Laboratories/testing, medical, pharmaceutical, scientific.

          Lumber and wood yards.

          Machine and welding shops.

          Machine sales and indoor service.

          Mini-storage units.

          Public utilities not requiring a conditional use permit under the
          provisions of Section 9-214.

          Radio, television or communication towers not exceeding fifty (50)
          feet in height provided it shall be located in the rear yard of a
          principal permitted use.

          Recycling centers.

          Restaurants.



                                        116












             Satellite dishes located in the side, front, or rear yard provided
             such satellite dish shall set back fifty (50) feet or more from any
             state maintained or privately owned, public right-of-way and shall
             comply with the side and rear yard setbacks for accessory
             structures.

             Truck and heavy equipment sales and service.

             Upholstery shops.

             Warehousing and wholesale businesses occupying less than 50,000
             square feet.

             Well drilling and septic tank businesses.

             

       Sec.  9-214. Uses permitted by conditional use permit only.

             In the M-1, Warehousing and Limited Industrial District,
        buildings to be erected or land to be
       used for one or more of the following uses shall be permitted only after
       all requirements for a conditional use permit in accordance with Division
       15 of this article have been satisfied, including the preparation of a
       site plan in . accordance with Division 18 of this article, and a
       conditional use permit has been issued by the agent or Board of
       supervisors in accordance with the provisions of Division 15 of this
       article:

             Airports.

             Amusement parks.

             Bus terminal/station.

             Cement, lime and gypsum manufacturing.

             Construction trailers and/or portable or temporary buildings for
             offices, storage facilities, public and semipublic uses.

             Freight terminal.

             Helipads.





                                             117











           Mining, excavation or filling, borrow pits, extractional, processing
           and removal of sand, gravel, and stripping of top soil (but f arm
           pond construction, field leveling or stripping of sod for
           agricultural purposes and excavations in connection with development
           which has received subdivision or site plan approval are permitted
           generally and without a conditional use permit).

           Public or private electrical generation facilities, electrical
           substations with a capacity of five thousand (5,000) kilovolt
           amperes or more, and electrical transmission lines capable of
           transmitting sixty-nine (69) kilovolts or more.

           Public or private transmission pipelines, including pumping stations
           and accessory storage for natural gas, propane gas, petroleum
           products, chemicals, slurry coal and any other gases, liquids or
           solids, except that private connections to existing pipelines which
           are intended to serve an individual residential or commercial
           customer and which are accessory to existing or proposed development
           are permitted generally and without a conditional use permit.

           Public or private water and sewer facilities, including but not
           limited to treatment plants, pumping stations, storage facilities
           and transmission mains, except that private connections to existing
           mains which are intended to serve an individual residential or
           commercial customer and which are accessory to existing or proposed
           development are permitted generally and without a conditional use
           permit.

           Radio, television or communication stations and/or towers which
           exceed fifty (50) feet in height.

           Public and Private water well fields

           Railroad facilities including tracks, bridges, switching yards and
           stations, except that spur lines which are to serve and are
           accessory to existing or proposed development adjacent to existing
           railroad rights-of -way and track and safety improvements in existing
           railroad rights-of-way are permitted generally and without a
           conditional use permit.

           Truck stops/terminals.

           warehousing of construction materials.

           warehousing occupying more than 50,000    square feet.

           Water impoundments for public or private use ef fl@ffty E58) aeres a-2F
           mere and a dam he@qht ef twenty f4:ve (25) feet er mere.












       Sec. 9-215. Area recruirements.

             The minimum lot area for single lots on which permitted uses are
       located is 20,000 square feet except that corner lots shall have a
       minimum area of one (1) acre.        The minimum lot area for lots located
       within an industrial park larger than twenty-five (25) acres shall be one
       (1) acre except corner lots which shall have a minimum area of fifty
       thousand (50,000) square feet.

       Sec. 9-216. Setback recruirements,

             All structures shall be located a minimum of one hundred (100) feet
       from any street right-of-way except that all structures on lots within
       an industrial park larger than twenty-five (25) acres shall be located
       a minimum of fifty (50) feet from any street right-of-way.

       Sec   9-217. Width requirements.

                 Unless otherwise provided in paragraph B, all lots shall have
       a minimum width of one hundred (100) feet.

             B. Lots within an industrial park over twenty-five (25)              acres
       in size shall have a minimum width of one hundred and seventy-five (175)
       .a
         eet.


       Sec. 9-218. Yard recruirements.


             A.    Side:

                   1 .  Unless otherwise provided a subparagraph 2, the minimu         M
                        side yard for each main structure shall be fifteen (15)
                        feet and the total width of the two required side yards
                        shall be thirty (30) feet or more.

                   2.   The minimum side yard f or each main structure on a lot in
                        an industrial park larger than twenty-five (25) acres
                        shall be fifteen (15) feet and the total width of the two
                        required yards shall be forty (40) feet or more.

             B.    Rear: Each main structure shall have a rear yard of fifteen
                   (15) feet or more.

             C.    Unless otherwise provided in paragraph D below, accessory
                   buildings shall have a side and rear yard of not less than
                   fifteen (15) feet.

             D.` 'Accessory buildings on lots located -within, an industrial 'park
                   larger than twenty@-five (25) acres shall have a side yard of
                   f ifteen (15) f eet or more and a rear yard of f ifteen (15) f eet
                   or more.






                                             119











     Sec. 9-XXX. Provisions f or the Waiver of Yard Requirements.

          A waiver shall be permitted to allow the subdivision of commercial
     property on which commercial units for sale, for sale in condominium, or
     for lease are constructed as part of a multi-unit structure in which the
     units share common walls or as part of a multipl a- structure commercial
     development, the agent may grant, at his discretion, a waiver from any
     part of Sec. 9-218 of this article finding:

          A.    The overall complex or structure, if considered as a single
                unit, meets all of the requirements of Sec. 9-218;
          B.    adequate parking is provided as per the requirements of
                Division 19 of this article, and where determined necessary by
                the Commission, adequate easements or other agreements are
                recorded to guarantee access and maintenance of the parking
                areas and other common areas;

          C.    Adequate provisions are made to assume compliance with Division
                20 of this Article, and where determined necessary by the
                Commission, adequate easements or agreements are recorded to
                allow grouping of signs on one standard, placement of signs in
                common areas or other appropriate arrangements made necessary
                because of the reduced yard area of the individual units; and,

          D.    The complex or structure is adequately designed and serviced
                from the standpoint of safety, and that the County Fire Chief
                certifies that fire safety equipment and access for emergency
                vehicles is adequate, and the County Building official
                certifies the complex is designed to conform to the BOCA Code,
                so as to offer adequate protection to life and property.

     Sec. 9-219.   Height recruirements.

          All structures not exempted under the provisions of section 9-60
     erected in excess of sixty (60) feet in height shall require a
     conditional use permit.

     Sec. 9-220.   Sicms and Rarking requirements.

          For regulations concerninq signs, see Division 20--Signs, page 120.
     For regulations concerning parking, see Division 19--Off-street Parking,
     Driveways and Loading Areas, page 111.

     Sec. 9-221 through 9-225. Reserved for future legislation.









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                          Division 14. Heavy Industrial, M-2


       Sec. 9-226. Intent.

            The primary purpose of this district is to establish an area where
       the principal use of land is for heavy commercial and industrial
       operations which may create some nuisance and which are not properly
       associated   with   nor   particularly   compatible   with    residential,
       institutional and neighborhood commercial establishment.

       Sec. 9-227. General conditions applicable to certain uses.

            A.   Any agricultural use, nonconforming or otherwise shall:

                 1.   Utilize best management practices whenever possible..

                 
                     
                     

                 2.   Maintain the buffer requirements outlined in Article V1
                      of the County's Land Development ordinance where such
                      agricultural lands are located in Chesapeake Bay
                      preservation areas.

            B.   All  forestal uses whether nonconforming or otherwise shall
                 conform to the following:

                 1.   In order to maintain a rural environment in those areas
                      of the county designated for residential and commercial
                      development, no commercial timbering of lands zoned M-2
                      shall commence until a plan for development (subdivision
                      or site or reforestation plan) has been approved by the
                      planning commission or the Zoning Administrator as the
                      case may be. Any plan for reforestation shall require a
                      posting of a bond in an amount sufficient to reforest the
                      area based on current per acre estimate of reforestation
                      by the Virginia Forest Service. No commercial timbering
                      shall be allowed in any development once any lot in the
                      development has been sold.

       Sec. 9-228. Permitted uses.

           
                                       
              
       

            In the M-2, Heavy Industrial District, structures to be erected or
       land to be used shall be for one or more of the following uses and each
       of the uses permitted in this district shall require an approved site
       plan prepared in accordance with the provisions of Division 18 of this
       article:


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          All uses permitted in the M-1 district.

          Accessory buildings and uses as outlined in Sec. 9-45 of this
          ordinance.

          Asphalt mixing.

         

          Boat building.

          Brick manufacturing.

          Bus terminal/station.

          

          Cement, lime and gypsum manufacturing.

          

          

         

          Distillation of ethanol fr om grain.

          Freight terminals.

         

         

          Manufacturing.

          Meat, poultry and fish processing.

          

          Mining, excavation or filling, borrow pits, extractional, processing
          and removal of sand, gravel, and stripping of top soil (but farm
          pond construction, field leveling or stripping of sod for
          agricultural purposes and excavations in connection with development
          which has received subdivision or site plan approval are permitted
          generally and without a conditional use permit).
          Monumental stone work.

          Public utilities not requiring a conditional use permit under the
          provisions of Section 9-229.




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              Sawmills and planning mills.

              Truck terminals/stop.

              Warehousing.

              

              

              Wood preserving operations.

             

        Sec.  9-229. Uses permitted by conditional use permit only.

              In the M-2, Heavy Industrial District, 
         buildings to be erected or land to be used for one or more of
        the following uses shall be permitted only after all requirements for a
        conditional use permit in accordance with Division 15 of this article
        have been satisfied, including the preparation of a site plan in
        accordance with Division IS of this article, and a conditional use permit
        has been issued by the agent or Board of Supervisors in accordance with
        the provisions of Division 15 of this article:

              Construction trailers and/or portable or temporary buildings for
              offices, storage facilities, public and semipublic uses.

              Helipads.


                      
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           Public or private electrical generation facilities, electrical
           accessory storage f or natural gas, propane gas, petroleum products,
           chemicals, slurry coal and any other gases, liquids or solids,
           except that private connections to existing pipelines which are
           intended to serve an individual residential or commercial customer
           and which are accessory to existing or proposed development are
           permitted generally and without a conditional use permit.

           Public or private water and sewer facilities, including but not
           limited to treatment plants, pumping stations, storage facilities,
           and transmission mains, except that private connections to existing
           mains which are intended to serve an individual residential or
           commercial customer and which are accessory to existing or proposed
           development are permitted generally and without a conditional use
           permit.

           Public and Private water well fields

           Radio, television or communication stations and/or towers which
           exceed fifty (50) feet in height.

           Railroad facilities including tracks, bridges, switching yards, and
           stations, except that spur lines which are to serve and are
           accessory to existing or proposed development adjacent to existing
           railroad rights-of-way are permitted generally and without a
           conditional use permit.

           Salvage yards.

           Used aute sales and s-


           Water impoundments for public or private use ef fifty EEO) aeres e-r
           mere and a dam-height ef twenty-f4:ve (25) feet er mere.

      Sec. 9-230. Area recuirements.

           The minimum lot area for single lots on which permitted uses are
      located is one (1) acres. The minilnum lot area for lots located within
      an industrial park larger than twenty-five (25) acres shall be two (2)
      acres except corner lots in such parks shall have a minimum area of two
      and one-half (2 1/2) acres.

      Sec. 9-231.   Setback recruirements.

           All structures shall be located a minimum of seventy-five (75) feet
      from any deeded right-of-way.

      Sec.-9-232. Width recuirements.

           A.   Unless otherwise provided in paragraph B,   all lots shall have
                a minimum width of two hundred (200) feet.


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            B.   Lots within an industrial park over twenty-five (25) acres in
                 size shall have a minimum width of two hundred (200) feet.

       Sec. 9-233. Yard requirements.

            A.   Side:

                 1.   Unless otherwise provided in paragraph 2, the minimuin side
                      yard for each main structure shall be fifty (50) feet and
                      the total width of the two required side yards shall be
                      one hundred (100) feet or more.

                 2.   The minimum side yard for each main structure on a lot in
                      an industrial park larger than twenty-five (25) acres
                      shall be fifty (50) f eet and the total width of the two
                      required yards shall be one hundred (100) feet or more.

            B.   Rear: Each main structure shall have a rear yard of fifty (50)
                 feet or more.

            C.   Unless otherwise provided in paragraph D below, accessory
                 buildings shall have a side and rear yard of not less than
                 fifty (50) feet.

            D.   Accessory buildings on lots located within an industrial park
                 larger than twenty-five (25) acres shall have a side yard of
                 fifty (50) feet and a rear yard of one hundred (100) feet or
                 more.


       Sec. 9-XXX. Provisions for the Waiver of Yard Recruirements.

            A waiver shall be permitted to allow the subdivision of commercial
       property on which commercial units for sale, for sale in condominium, or
       for lease are constructed as part of a multi-unit structure in which the
       units share common walls or as part of a multiple- structure commercial
       development, the agent may grant, at his discretion, a waiver from any
       part of Sec. 9-233 of this article finding:

            A.   The overall complex or structure, if considered as a single
                 unit, meets all of the requirements of Sec. 9-233;
            B.   adequate parking is provided as per the requirements of
                 Division 19 of this article, and where determined necessary by
                 the Commission, adequate easements or other agreements are
                 recorded to guarantee access and maintenance of the parking
                 areas and other common areas;

            C.   Adequate provisions are made to assure- compliance with Division
                 20 of this Article, and where *determined necessary by the
                 commission, adequate easements or agreements are recorded to
                 allow grouping of signs on one standard, placement of signs in
                 common areas or other appropriate arrangements made necessary
                 because of the reduced yard area of the individual units; and,

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           D.    The complex or structure is adequately designed and serviced
                 from the standpoint of safety, and that the County Fire Chief
                 certifies the fire safety equipment and access for emergency
                 vehicles is adequate, and the County Building official
                 certifies the complex is designed to conform to the BOCA Code,
                 so as to offer adequate protection to life and property.

      Sec. 9-234. Height requirements.

           All structures not exempted under the provisions of Section 9-60
      erected in excess of sixty (60) feet in height shall require a
      conditional use permit.

      

           
      
      


































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                       Division 14A. Planned Unit Developments

       Sec. 9-236, -Sipecific conditions for all r)lanned unit developments.

       General Information

            Planned unit development districts are intended to provide for
       variety and flexibility in design necessary to implement the varied goals
       and objectives of the county as set forth in the Comprehensive Plan.
       Through a planned unit development approach, these special regulations
       are intended to accomplish the purposes of zoning and other applicable
       regulations to the same extent as regulations of conventional districts.
       In addition, planned unit development regulations are intended to
       promote: Economical and efficient land use through unified development;
       improved levels of amenities; appropriate and harmonious physical
       development; creative design; and a better environment than generally
       realized through conventional district regulations.       In view of the
       substantial public advantages of planned unit developments, these
       regulations are intended to encourage the planned unit development
       approach in areas appropriate in terms of location and character.

            Planned unit development districts shall be developed: To provide
       for the comfort and convenience of residents; to facilitate protection
       of the character of surrounding neighborhoods; and to lessen traffic
       impact through a reasonably short travel time between origins and
       destinations   of persons living, working, or visiting in such
       developments.   Housing, commercial and service facilities, places of
       employment, and amusement parks, shall be related either by physical
       proximity or by adequate street networks so as to promote these
       objective.

            The following provisions shall apply generally to the establishment
       and regulation of all planned unit developments districts.           Where
       conflicts occur between the special provisions herein and general zoning,
       subdivision or other regulations or requirements, these special
       regulations shall apply in planned unit development districts unless the
       Board of Supervisors shall find, in the particular case:        (a)   That
       provisions herein do not serve public purposes to a degree at least
       equivalent to such general zoning, subdivision or other regulations or
       requirements, or (b) That actions, designs or solutions proposed by the
       applicant, although not literally in accord with these special or general
       regulations, satisfy public purposes to at least an equivalent degree.
       It is specifically provided, however, that where floor area and similar
       ratios have been established by these regulations, the Board shall not
       act in a particular case to alter said ratios.

            Except as provided above, procedures and requirements as set forth
       herein and standards adopted for particular planned unit development
       districts shall apply in such planned unit development districts.

            Applications for planned unit development districts shall be
       submitted as for other zoning map amendments and /or for conditional use

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       permits.   Material submitted with the application shall include all
       plans, maps, studies and reports which may reasonably be required to make
       the determinations called for in the particular case, with sufficient
       copies for necessary referrals and records. More specifically, all of
       the following shall be required:

            1.   All information required for a site plan review permit under
                 Section 9-278.

            2.   An archeological and historic site survey.

            3.   A traffic impact study.

            4.   A storm water management plan.

            5.-  A waste stream impact study.

            6.   An environmental impact study.

            7.   A wetlands identification study and protection plan to include
                 Chesapeake Bay Management Area.

            8.   An economic impact assessment.

            9.   A school impact assessment.

            10.  A utilities requirement and implementation plan.

            11.  The Phasing Schedule which described when, within the
                 development of the planned unit development, the required
                 school sites, library sites, recreation and green space areas,
                 major streets, commuter parking lots, and similar amenities or
                 community facilities will be dedicated or reserved.

                 The Phasing Schedule shall include the timing of providing all
                 improvements as proffered.    The Phasing Schedule shall also
                 consider the need for future amendments, due to the trend of
                 development in the planned unit development and the county.
                 The Directors of the Office of Planning and the Department of
                 Public Safety may Jointly approve minor revisions to the
                 Phasing Schedule where it can be shown to be in the best
                 interest of the planned unit development and the county.

            12.  Existing topography accurately shown with a maximum of five (5)
                 foot contour intervals at a scale of not less than one hundred
                 (100) feet to the inch.    Other interval and/or scale may be
                 required or permitted by the Director of Planning where
                 topographic considerations warrant.-

            13.  Flood plain limits which shall be established by current soil
                 survey, Corps of Engineers survey, and/or engineering methods.


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             14.  Connection to existing and proposed Virginia Department of
                  Transportation construction and to Comprehensive Plan proposed
                  thoroughfares when necessary.

             15.  A minimum of two (2) data references for elevations to be used
                  on plans and profiles and correlated, where practical, to U.S.
                  Geological Survey data.

             16.  A report identifying all property owners within the proposed
                  district and giving evidence of unified control of its entire
                  area. The report shall state agreement of all present property
                  owners to:


                  (a)  Proceed with the proposed development according to
                       regulations existing when the map amendment creating the
                       planned unit development district or conditional use
                       permit is approved, with such modifications as are set by
                       the Board of Supervisors and agreed to by the applicant
                       at the time of amendment.

                  (b)  Provide bonds, dedications, guarantees, agreements,
                       contracts, and deed restrictions acceptable to the Board
                       of Supervisors for completion of such development
                       according to approved plans, and for continuing operation
                       and maintenance of such areas, facilities and functions
                       as are not to be provided, operated or maintained at
                       general    public    expense;    and   such    dedications,
                       contributions or guarantees as are required for provision
                       of needed public facilities or services; and

                  (c)  Bind their successors in title to any commitments made in
                       1 or 2 above.

             17. Paved State-maintained roads will be provided for the site and
                  all interior roads dedicated for purpose of vehicular access
                  will be built to standards for State-maintained paved roads.

             An applicant for a planned unit development shall dedicate to the
       appropriate public agency or community group recreation areas, green
       space areas, library sites, fire station sites, streets, commuter parking
       areas, and other sites for necessary public facilities or services.
       Sites for elementary, junior and senior high schools shall be dedicated.

             Upon creation of planned unit development district, preliminary and
       final subdivision and site plans shall be submitted to the Director of
       the Department,.of Planning-and 'Community-Development. The-'submission of
       these plans must conform with the Phasing Schedule. These plans shall
       be reviewed and approved in accordance with applicable statutes of
       Virginia and ordinances of New Kent County. Any required dedications,
       reservation, or required improvements shall be made in accordance with


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      the Phasing Schedule, and must be provided with the approval of f inal
      subdivision or site plans.

           On applications for planned unit development districts, the Board
      of Supervisors shall proceed in general as for other rezoning
      applications but shall give special consideration to the following
      matters and shall allow changes in original applications as indicated
      below.

           Applicants are required to meet with the planning staff and other
      qualified officials to review the application plan and original proposal
      prior to submittal. The purpose of such preapplication conference shall
      be to assist in bringing the application and material submitted therewith
      as nearly as possible into conformity with these and/or other regulations
      applying in the case, and/or to define specific variations from
      application of regulations which would otherwise apply which seem
      justified in view of equivalent service of public purposes of such
      regulations.

           In   the   course    of   such   preapplication   conferences,     any
      recommendations for changes shall be recorded in writing, and shall
      become part of the record in the case. All such recommendations shall
      be supported by stated reasons for the proposed changes.        Applicants
      shall indicate, in writing, their agreement to such recommendations, or
      their disagreement and their reasons therefor. Response by applicants
      shall also be included in the record.

           At such time as further conferences appear unnecessary, or at any
      time on request of the applicant, the staff shall proceed to prepare its
      recommendations to the Planning Commission and Board of Supervisors. The
      date of the Board's determination to proceedi, or of the applicant's
      request for preparation of recommendations, shall be deemed the formal
      date of submission of the application. Specifically, recommendations to
      the Planning Commission and the Board of Supervisors shall include
      findings as to:

           1.   The suitability of the tract for the general type of planned
                unit development district proposed in terms of: Relation to
                the Comprehensive Plan; physical characteristics of the land;
                and its relation to surrounding area.

           2.   Relation to major roads, utilities, public facilities and
                services.

           3.   Adequacy of evidence on unified control and suitability of any
                proposed agreements, contracts, deed restrictions, sureties,
                dedications, contributions, guarantees, or other instruments,
                or the need for such instruments or for amendments in those
                proposed; and

           4.   Specific modifications in planned unit developments or general
                regulations as applied to the particular case, based on

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                  determination that such modif ications . are necessary or
                  justified by demonstration that the public purposes of planned
                  unit development or general regulations as applied would be
                  satisfied to at least an equivalent degree by                 such
                  modifications.

             on applications for planned unit development districts, the Planning
       Commission and Board of Supervisors shall proceed in general as provided
       f or other map amendments.     The Planning Commission may recommend and
       Board of Supervisors may approve the application in accordance with
       planned unit development and general regulations, may include specific
       modifications of planned unit development or general regulations, or may
       deny the application.

             If the application is approved with modifications, the Board of
       Supervisors shall, in its amending action, approve the application plan
       in whole or in part or may indicate required changes, and such approval
       and requirements shall be binding in determinations concerning f inal
       development plans.      The development shall be in accord with site
       development plans meeting the requirements of this ordinance as
       specifically supplemented or modified by the Board of Supervisors in the
       particular case.      Modifications in the application plan or other
       application materials required by Board's approval shall be submitted by
       the applicant to the Director of Planning prior to submission of the
       final site development plans.        Revised application plans shall be
       submitted within sixty (60) days of Board's approval or such approval
       shall be deemed null and void.

             Unless modification is permitted by Board of Supervisors' action all
       site plans shall comply with Division 18 of this ordinance and all
       subdivision plats shall comply with Article 4 of Chapter 9 of the New
       Kent County Code. Not less than ten (10) percent of the land area or one
       (1) acre, whichever is greater, shall be shown on any final plan or plat.

             Approval of site plans and subdivision plats shall be based on:
       Compliance with site plan or subdivision regulations applying at the time
       the land was designated as a planned unit development district; or at the
       option of the applicant, compliance with such regulations currently in
       effect; provided the Board of Supervisors shall find that application of
       current regulations would satisfy the public purpose to at least an
       equivalent degree in the particular case.

             Variations in site plans and subdivision plats from approved
       application plans may be permitted by the Board of Supervisors upon a
       finding that such variations are: Generally in keeping with the spirit
       and concept of the approved application plans; in accordance with the
       Comprehensive ' Plan; and, in accordance with. :..regulations- currently in
       ef f ect. - : Changes other than -permitted herein - shall. be; made only by
       rezoning application.

             After planned unit development designation, no building permit
       including special footings and foundation permits and no grading pe=it

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      shall be issued in such district prior to approval of site plans or
      subdivision plats for the development of the area in which such permits
      would apply.

           In the case of any planned unit development district established at
      the time of the adoption of this ordinance, or thereafter by action of
      the Board of Supervisors without an application, as to which no
      application has been submitted in accordance with this section of this
      ordinance or the analogous provisions, no site plan or subdivision plat
      shall be approved unless and until such application, including all
      transportation analysis plans and other plans, maps, studies and reports
      required by this ordinance, shall have been submitted an approved in
      accordance with this section.

      Sec. 9-237. Residential Planned Unit Developments.

           Residential planned   unit development districts may hereafter be
      established in accordance with the provisions set forth generally for
      planned unit development districts in Sections 9-236 and Division 6 and
      7 of this Article, and with densities and in locations in accordance with
      the Comprehensive Plan.

           The residential planned unit development is intended to encourage
      sensitivity toward the natural characteristics of the site and toward
      impact on the surrounding area in land development. More specifically,
      the residential planned unit development is intended to promote
      economical and efficient land use, an improved level of amenities,
      appropriate and harmonious physical development, and creative design
      consistent with the best interest of the county and the area in which it
      is located.

           To these ends, the residential planned unit development provides for
      flexibility and variety of development for residential purposed and uses
      ancillary thereto. Open space may serve such varied uses as recreation,
      protection of areas sensitive to development, buffering between
      dissimilar uses and preservation of agricultural activity.

           A residential planned unit development approach is recommended for
      developments of any density.

           The following uses shall be permitted subject to the requirements
      and limitations of this ordinance:

           1.   Detached single-family dwellings.

           2.   Semi-detached and attached single-family dwellings such as
                duplexes, triplexes, quadruplexes, townhouses, atrium houses
                and patio houses provided that density is maintained, and
                provided further that buildings are located so that each unit
                could be provided with a lot meeting all other requirements for
                detached single-family dwellings except for side yards at the
                common wall.             132










             3.    Multiple-family dwellings.

             4.    Parks, playgrounds, golf courses, community centers and
                   noncommercial recreational and cultural facilities such as
                   tennis courts,.swimming pools, game rooms, libraries, etc.

             5.    Electric, gas, oil and communication facilities, excluding
                   multilegged tower structures and including poles, lines,
                   transformers, pipes, meters and related facilities for
                   distribution of local service and owned and operated by a
                   public utility.    Water distribution and sewerage collection
                   lines, pumping stations, and appurtenances owned and operated
                   by the County of New Kent, its designee, or an approved private
                   operator.   Except as otherwise expressly provided, central
                   water supplies and central sewerage systems in conformance with
                   Chapters 8 and 9 of the Code of New Kent and all other
                   applicable law.

             6.    Public uses and buildings such as schools, offices, parks,
                   playgrounds and roads funded, owned or operated by local, state
                   or federal agencies; public water and sewer transmission, main
                   or trunk lines, treatment facilities, pumping stations and the
                   like, owned and/or operated by the County of New Kent or its
                   designee.

             7.    Temporary construction uses.

             8.    Accessory uses and structures including home occupations and
                   storage buildings.

             9.    Homes for developmentally disabled persons.

             The   following uses shall be permitted only by conditional use
       permit, provided that no separate application shall be required for any
       such use as shall be included in the original residential planned unit
       development rezoning petition:

             1.    Day care, child care or nursery facility.

             2.    Fire and rescue squad stations.


             3.    Rest home, nursing home., convalescent home, orphanage or
                   similar institution.

             4.    Electrical power substations, transmission lines and related
                   towers; gas or. Pil - transmission lines,. @-.,pumping stations and
                   appurtenances; unmanned telephone exchange centers;' micro-wave
                   and radio-wave transmission and relay towers, substations and
                   appurtenances.

             5.    Amusement parks except sports complexes.

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            6.   Parking structures located wholly or partly above grade.

            The gross and net residential densities permitted in any residential
      planned unit development district shall be shown on the approved
      application plan therefor, which shall be binding upon its approval. The
      overall gross density so approved shall be determined by the Board of
      supervisors with reference to the Comprehensive Plan, but shall, in no
      event, exceed thirty-five (35) dwelling units per acre.

            Minimum area required for the establishment of a residential planned
      unit development district shall be three hundred (300) acres.

            Additional area may be added to an established residential planned
      unit development district if it adjoins and forms a logical addition to
      the approved development.    The procedure for an addition shall be the
      same as if an original application were filed, and all requirements shall
      apply except the minimum acreage requirement as set forth above.

            Not less than twenty-five percent (25%) of the area of any
      residential planned unit development shall be in open space, except as
      hereinafter expressly provided.

      Sec. 9-238. Mixed Commercial Planned Unit Development.

            Mixed commercial planned unit development districts are hereby
      created and may hereafter be established by amendment of the zoning map
      to permit development of large-scale commercial areas with a broad range
      of commercial uses under a unified planned approach. It is intended that
      mixed commercial planned unit development districts be established on
      major highways in the urban area and communities in the Comprehensive
      Plan. In recognition that such large-scale development may substantially
      reduce the functional integrity and safety of public roads if permitted
      with unplanned access, it is intended that multiple access to existing
      public roads be discouraged and that development and access be oriented
      toward an internal road system having carefully planned intersections
      with existing public roads.

            The following uses shall be permitted in any mixed commercial
      planned unit development district subject to the requirements and
      limitations of these regulations:

            1.   Uses  permitted    shall   include   commercial   and    service
                 establishments permitted by right in the B-1, Business General,
                 and B-2, Business Limited, districts. Outdoor storage, sales
                 or display shall be permitted only when enclosed by appropriate
                 visual screening.


            2.   Electric, gas, oil and communication facilities excluding
                 multilegged tower structures and including poles, lines,
                 transformers, pipes, meters and related facilities for
                 distribution of local service and owned and operated by a

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                 public utility.    Water distribution and sewerage collection
                 lines, pumping stations, and appurtenances owned and operated
                 by the County of New Kent, its designee, or an approved private
                 operator.

            3.   Public uses and buildings such. as schools, offices, parks,
                 playgrounds and roads funded, owned or operated by local, state
                 or federal agencies, public water and sewer transmission, main
                 or trunk lines, treatment facilities, pumping stations and the
                 like, owned and/or operated by the County of New Kent or its
                 designee.

            4.   Temporary construction uses.

            Uses permitted by conditional use permit, shall include uses
       permitted by conditional use permit in the B-1, Business General, and B-
       2, Business Limited, districts.

            Minimum area required for the establishment of a mixed commercial
       planned unit development district shall be thirty (30) acres.

            Additional area may be added to an established mixed commercial
       planned unit development district if it adjoins and forms a logical
       addition to the approved development.     The procedure for an addition
       shall be the same as if an original application were filed and all.
       requirements shall apply except the minimum acreage requirement as set
       forth above.

            Vehicular access points shall be designed to encourage smooth
       traffic flow with controlled turning movements and minimum hazards to
       vehicular and pedestrian traffic. Pavement widths and strengths of both
       internal and external roads shall be adequate to accommodate projected
       traffic generated from the district.

            Primary access shall be provided from roads of adequate available
       capacity to accommodate projected traffic. Vehicular access from minor
       streets through residential neighborhoods shall be generally discouraged,
       and where permitted, shall be primarily for the convenience of
       residential areas served directly by such roads and not for general
       public access. Direct access by individual uses to existing public roads
       shall be discouraged. Uses shall be served by an internal road system
       to the maximum extent possible.      Intersections of the internal road
       system and existing public roads shall be permitted to the extent
       necessary to provide reasonable access and service to uses contained
       within the mixed commercial planned unit development district.

            To encourage visual cohesiveness and a-park-like- atmosphere, and to
       protect adjoining residential districts, uses and structures and parking
       areas shall be oriented toward internal travelways and away from
       adjoining residential districts.



                                          135











           Buildings shall be arranged in a fashion to encourage pedestrian
      access of customers and minimize internal automotive movement              -
      Facilities and access routes for deliveries, service and maintenance
      shall be separated, where practical, from customer access routes and
      parking areas.

           In addition to requirements contained herein, the requirements of
      Section 9-236 and Divisions 1b, 11, and 18 of this chapter shall apply
      to all -mixed commercial planned unit development districts. In additions
      to materials required by Divisions 10, 11 and 18, a transportation
      analysis plan shall be submitted with the application for mixed
      commercial planned unit development designation. Such plan shall show:
      Projected automobile and truck traffic generation; internal and access
      point turning movement; percentage estimate of traffic distribution to
      and from the site on external roads; and proposed improvements to the
      existing transportation network.

      Sec. 9-239. Industrial Park Planned Unit Development.

           Industrial park planned unit development districts are hereby
      created and may hereafter be established to permit a variety of
      industrial uses, together with certain uses ancillary thereto, which are
      compatible with and do not detract either from each other or from
      surrounding districts. It is intended that industrial park planned unit
      development districts may be established in areas in conformity with the
      Comprehensive Plan and having all of the following characteristics:

           ---   Areas served by water and sewer facilities, if such facilities
                 are reasonably available.

           ---   Areas served by major highway, rail or air service, or
                 secondary road improved to standards approved by the county and
                 state; and

           ---   Areas having clearly demonstrated suitability for intended uses
                 with regard to physical characteristics and relationship to
                 surrounding development.

           In the establishment of any industrial park planned unit development
      district, the Board of Supervisors shall designate the category of uses
      which shall be permitted in each parcel, or part thereof, which is the
      subject of the application for such amendment.

           The following uses shall be permitted in any area designated as
      Category I on the approved application plan:

           1.    Uses permitted shall include uses permitted by right in the M-
                 1, Warehousing and Limited Industrial District.

           2.    Uses permitted by conditional use permit shall include uses
                 permitted by conditional use permit in the M-1, Warehousing and
                 Light   Industrial   District;   provided that     no   separate

                                          136










                   application shall be required for any use included on the
                   approved application plan.

             The  following uses shall be permitted in any area designated as
        Category  II on the approved application plan:

             1.    Uses permitted shall include uses permitted by right in the M-
                   1, Warehousing and Light Industrial District, and in the M-2,
                   Heavy Industrial District.

             2.    Uses permitted by conditional use permit shall include uses
                   permitted by conditional use permit in the M-1, Warehousing and
                   Light Industrial District, and in the M-2, Heavy Industrial
                   District; provided that no separate application shall be
                   required for any use'included on the approved application plan.

             Minimum area required for the establishment of an industrial park
        planned unit development shall be thirty (30) acres.

        Sec. 9-240. Village Planned Unit Development.

             Village planned unit development districts may hereafter be
        established by amendment to the zoning map in accordance with the
        provisions set forth generally for planned unit development districts in
        Section 9-236 and Divisions 5, 6 and 7 of this chapter with densities and
        uses in locations in accordance with recommendations of the Comprehensive
        Plan.   Village planned unit development districts may be appropriate
        where the establishment of a "new village" or the nucleus of a future
        community exists and where the village planned unit development would not
        preclude achievement of the county's objectives for the urban area,
        communities and villages.

             In order to encourage the community function, appropriate commercial
        and industrial uses are provided in addition to a variety of residential
        uses.   It is intended that commercial and industrial development be
        limited to a scale appropriate to the support of the residential uses
        within the village planned unit development, provided that additional
        commercial and industrial activity may be permitted upon a finding that
        @he area in which the village planned unit development is to be located
        is not adequately served by such use.

             It is intended that these regulations provide flexibility in
        residential development by providing for a mix of residential     uses with
        appropriate nonresidential uses, alternative           forms   of housing,
        flexibility in internal relationships of design elements and, in
        appropriate cases, increases in gross residential densities       over that
        provided in,conventional.districts.

             Notwithstanding the requirements And provisions of Section 9-236,
        planned unit development districts, generally, where certain planned
        community districts have been established and have been developed or
        received final site development plan approval prior to the adoption of

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      this ordinance, such districts shall be considered to have been
      established as village planned unit development districts under this
      ordinance and shall be so designated on the zoning map.

            Within areas approved as residential on the application plan,
      permitted uses, subject to the requirements and limitations of this
      ordinance, shall be as follows:

            1.   Detached single-family dwellings.

            2.   Semidetached and attached single-family dwellings such as
                 duplexes, triplexes, quadruplexes, townhouses, atrium houses
                 and patio houses provided that density is maintained, and
                 provided further that buildings are located so that each unit
                 could be provided with a lot meeting all other requirements for
                 detached single-family dwellings except for side yards at the
                 common wall.

            3.   Multiple-family dwellings.

            4.   Parks, playgrounds, golf courses, community centers and
                 noncommercial recreational and cultural facilities such as
                 tennis courts, swimming pools, game rooms, libraries, et
                 cetera.

            5.   Electric, gas, oil and communication facilities, excluding
                 multilegged tower structures and including poles, lines,
                 transformers, pipes, meters and related facilities for
                 distribution of local service and owned and operated by a
                 public utility.   Water distribution and sewerage collection
                 lines, pumping stations and appurtenances owned and operated
                 by the County of New Kent, its designee, or an approved private
                 operator.   Except as otherwise expressly provided, central
                 water supplies and central sewerage systems in conformance with
                 Chapters 8 and 9 of the Code of New Kent and all other
                 applicable law.

            6.   Public uses and buildings such as schools, offices, parks,
                 playgrounds and roads funded, owned or operated by local, state
                 or federal agencies; public water and sewer transmission, main
                 or trunk lines, treatment facilities, pumping stations and the
                 like, owned and operated by the County of New Kent or its
                 designee.

            7.   Accessory uses and structures including home occupation, and
                 storage buildings.

            8.   Homes for developmentally disabled persons.

            The  following uses shall be permitted only by conditional use
      permit, provided that no separate application shall be required for any


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       such use included in the original village planned unit development
       rezoning petition:

             1.   Day dare, child care or nursery facility.

             2.   Fire and rescue squad stations.

             3.   Rest home, nursing home, convalescent home, orphanage or
                  similar intuition.

             4.   Electrical power substations, transmission lines and related
                  towers; gas or oil transmission lines, pumping stations and
                  appurtenances; unmanned telephone exchange centers, microwave
                  and radio-wave transmission and relay towers, substations and
                  appurtenances.

             5.   Amusement parks except sports complexes.

             6.   Parking structures located wholly or partly above grade.

             7.   Mobile home subdivisions/parks.

             Within areas approved as commercial/service on the application plan,
       uses  permitted shall be as follows:

             1.   Uses permitted in Division 10, B-1, Business General.

             2.   uses permitted in Division 11, B-2, Business Limited.

             within areas approved for mixed commercial on the application plan,
       uses  permitted shall be as follows:

             1.   Uses permitted in mixed commercial planned unit developments.

             The following uses shall be permitted only by conditional use
       permit, provided that no separate application shall be required for any
       such use included in the original planned unit development rezoning
       petition:

             1.   Uses permitted by conditional use permit in Division 10, B-1,
                  Business General.

             2.   Uses permitted by conditional use permit in Division 11, B-2,
                  Business Limited.

             3.   Uses permitted by conditional use permit in mixed commercial
                  planned unit development.

             In approval of areas as industrial on the application plan, the
       Board of Supervisors shall designate the category of uses as provided in
       industrial park planned unit developments, for each subarea of industrial
       on the application plan.           139











       Thereafter, except as otherwise expressly provided herein, uses permitted
       shall be established in accordance with Sec. 9-239, provided that no
       separate application shall be required for any such use permitted
       conditional use permit included in the original village planned unit
       development petition.

            minimum area required for the establishment of a village planned
       unit development district shall be three hundred (300) acres.

            Additional area may be added to an established village planned unit
       development district if it adjoins and forms a logical addition to the
       approved development. The procedure for an addition shall be the same
       as if an original application were filed and all requirements shall apply
       except the minimum acreage requirement set forth above.

            The gross: and net residential densities permitted in any village
       planned unit development district shall be shown on the approved
       application plan therefor, which shall be binding upon its approval.

            The overall gross densi  ty so approved shall be determined by the
       Board of Supervisors with reference to the Comprehensive Plan, but shall,
       in no event, exceed thirty=five (35) dwelling units per acre.

            Not less than twenty-five (25) percent of the residential area of
       any village planned unit development shall be in open space.

            Unless otherwise provided at time of establishment of a village
       planned unit development district, structures may be erected to a height
       of sixty (60) feet, provided that any structure exceeding thirty-five
       (35) feet in height shall be set back from any street right-of-way or
       residential or agricultural district, in addition to minimum yard
       requirements, a distance of not less than one(l) foot for each one (1)
       foot of height in excess of thirty-five (35) feet.        Chimneys, flues,
       cooling towers, flag poles, radio or communication        towers or their
       accessory facilities are excluded from the height limitation contained
       herein.   Parapet walls are permitted up to four (4) feet above the
       limited height of the structure on which the walls rest; the setback
       requirement herein shall apply to parapet walls.

            Structures to be located on the outer perimeter of a village planned
       unit development district shall conform to the setback and yard
       regulation of the adjoining district.

            Within the village planned unit development district, the Board of
       Supervisors shall establish minimum setback and yard requirements at time
       of establishment of such district.

           @ Commercial/service areas are intended to be -of a scale, character
       and location appropriate to provide convenience services primarily for
       the residents of the village planned unit development district. To this
       end, where practical, commercial/service areas shall be internally
       oriented and separated from dissimilar areas surrounding the planned unit

                                           140










        development district. External vehicular access shall be discouraged and
        internal pedestrian access shall be encouraged. Total commercial/ service
        area shall be based on dwellings served. Individual establishments shall
        be limited in size to avoid the impression of general commercial
        development.

             commercial/service areas shall comply to the requirements of
        Divisions 10 and 11, Business Districts, generally, provided that any
        requirement of Divisions 10 and 11 shall be subject to modification,
        variation or waiver as provided in Section 9-236 planned unit development
        districts generally. For such areas as may be located on the perimeter
        of a planned unit development district, the Board of Supervisors shall
        be particularly mindful of the intent to protect the character of
        adjoining development.

             The total gross floor area of uses permitted in commercial/service
        areas shall not exceed twenty (20) square feet per dwelling unit approved
        on the application plan. outdoor display service or sales areas shall
        be included in gross floor area calculations.             For gasoline service
        stations, each fuel pump shall    "count as two hundred (200) square feet of
        gross floor area and all service bays shall be included in gross floor
        area calculations. No individual commercial establishment shall have a
        gross floor area in excess of five thousand (5,000) square feet.

             Building permits for commercial/ service uses shall not be issued
        prior to issuance of building permits for eighty (80) percent of the
        dwelling units approved on the application plan.

        Sec. 9-240.1. Ecruestrian Planned Unit Development.

             Equestrian planned unit development districts are hereby created and
        may hereafter be established by amendment of the zoning map to permit
        development of large scale horse racing facilities and show facilities
        under a unified planned approach. It is intended that equestrian planned
        unit development districts be established on major highways in the
        Co unty.

             In recognition that such a large scale development may substantially
        reduce the functional integrity and safety of public roads if permitted
        with unplanned access, it is intended that multiple access to existing
        public roads be discouraged and that development and access be oriented
        towards an internal roads system having carefully planned intersections
        with existing public roads.

             It is intended that these regulations provide flexibility in
        development by providing for a mix of residential uses with
        nonresidential uses, - alternative forms ..of -housing apd,.. in. appropriate
        cases   increases   in -gro ss' residential 'densit@ies over * that -provided in
        conventional districts.





                                               141











            The following uses shall be permitted in any equestrian planned unit
       development district subject to the requirements and limitations of these
       regulations:

            1.   commercial and service establishments permitted by right in
                 Division 10, B1, Business General, and Division 11, B-2,
                 Business Limited, districts.       Outdoor storage, sales or
                 .displays shall be permitted only when enclosed by appropriate
                 visual screening.

            2.   Uses permitted by right in Division 4, A-1, Agricultural
                 districts.


            3.   Horse tracks.



            4.   Semidetached and detached, single-family dwellings such as
                 duplexes, triplexes, quadruplexes, townhouses, atrium houses,
                 and patio houses, provided that density is maintained, and
                 provided further that buildings are located so that each unit
                 could be provided with a lot meeting all requirements for
                 detached, single-family dwellings except for side yards at the
                 common wall.

            5.   Multiple-family dwellings.

            6.   Single-family dwellings.

            7.   Parks, playgrounds, golf courses, community centers and
                 recreational and cultural facilities such as tennis courts,
                 polo fields, swimming pools, game rooms, libraries, museums,
                 etc.

            8.   Campgrounds meeting conditions of Section 9-245.

            9.   Electric, gas, oil and communication facilities, excluding
                 multi-use tower structures and including poles, lines,
                 transformers, pipes, meters and related facilities for
                 distribution of local service and owned and operated by a
                 public utility.     Water distribution and sewage collection
                 lines, pumping stations and appurtenances owned and operated
                 by the County of New Kent, its designee, or an approved private
                 operator.    Except as otherwise expressly provided, central
                 water supplies and central sewage systems in conformance with
                 Chapters .8 and 9 of the Code of New Kent and all other
                 applicable law.

            10. Public uses such as schools, offices, parks, playgrounds and
                 roads funded, owned or operated by local, state or federal
                 agencies; public water and sewer transmission, main or trunk
                 lines, treatment facilities, pumping stations and the like,


                                           142











                  owned and/or operated by the County of New Kent or its
                  designee.

             11.  Fire and rescue squad stations.

             12.  Temporary construction uses.

             13.  Equestrian sales and show pavilions.

             The  following uses shall be permitted only by conditional use
       permit, provided that no separate application shall be required for any
       such use included in the original Planned Unit Development rezoning
       petition:

             l.-  Uses permitted by:conditional use permit in Division 10, B-1,
                  Business General.

             2.   Uses permitted by conditional use permit in Division 11, B-2,
                  Business Limited.

             3.   Uses permitted by conditional use permit in Division 4, A-1,
                  Agricultural.

             Minimum area required f or the establishment of an equestrian planned
       unit  development shall be three hundred (300) acres. Additional area may
       be added to an established equestrian planned unit development district
       if it adjoins and forms a

       logical addition to the approved development.        The procedure for an
       addition shall be the same as if an original application were filed and
       all requirements shall apply except the minimum acreage requirement as
       set forth above.

             Vehicular access points  ' shall be designed to encourage smooth
       traffic flow with controlled turning movements and minimum hazards to
       vehicular and pedestrian traffic. Pavement widths and strengths of both
       internal and external roads shall be adequate to accommodate projected
       traffic generated from the district. Primary access shall be provided
       from roads of adequate available capacity to accommodate projected
       traffic.

             Vehicular   access    from  minor    streets   through    residential
       neighborhoods shall be generally discouraged, and where permitted, shall
       be primarily for the convenience of residential areas served directly by
       such roads and not for general public access.            Direct access by
       individual uses to existing public roads shall be discouraged.          Uses
       shall be served by. an internal roads- system to -the 'maximum extent
       possible. 'Intersections of the internal   road system and existing public
       roads shall be permitted to the extent necessary to provide reasonable
       access and service to uses contained within the equestrian planned unit
       development district.


                                           143










            A transportation analysis plan shall be submitted with application
       f or equestrian planned unit development designation.        Such plan shall
       show:   Projected automobile and truck traffic generation; internal and
       access point turning movement; percentage estimate of traffic
       distribution to and from the site on external roads; and proposed
       improvement to the existing transportation network.

            To encourage visual cohesiveness and a park-like atmosphere, and to
       protect adjoining residential district uses, structures and parking areas
       shall be oriented towards internal travel ways and away from adjoining
       residential districts.      Buildings shall be arranged in a fashion to
       encourage pedestrian access of patrons and minimize internal automotive
       movement.    Facilities and access routes for deliveries, service, and
       maintenance shall be separated, where practical, from patron-access
       routes and parking areas.                                             .:           I
            The gross and net residential densities permitted in any equestrian
       planned unit development district shall be shown on the approved
       application plan therefor, which shall be binding upon its approval. The
       overall gross density so approved shall be determined by the Board of
       Supervisors with reference to the Comprehensive Plan, but shall not, in
       any event, exceed thirty-five (35) dwelling units per acre.

            Unless otherwise provided at the time of establishment of an
       equestrian planned unit development district, structures may be erected
       to a height of one hundred (100) feet, provided that any structure
       exceeding thirty-five (35) feet in height shall be set back from any
       street right-of-way or residential or agricultural districts, in addition
       to minimum yard requirements, a distance of not less than one (1) foot
       for each one (1) foot of height in excess of thirty-five (35) feet.
       Chimneys, flues, cooling -towers, flagpoles, radio or communication
       towers, other accessory facilities are excluded from the height
       limitation contained herein. Parapet walls are permitted up to four (4)
       feet above the limited height of the structure on which the wall rests;
       the setback requirement shall herein apply to parapet walls.

            Structures to be located on the outer perimeter of an equestrian
       planned unit development district shall conform to the setback and yard
       regulations of the adjoining district.       Within the equestrian planned
       unit development district, the

       Board of Supervisors shall ' establish a minimum setback and yard
       requirement at the time of establishment of such district.

            In addition to requirements contained herein,       the requirements of
       Section 9-236 and Divisions 4, 10, 11, and 18 shall apply to all
       equestrian planned unit development districts.. (4/9/90)





                                            144












                               Division 15. Conditional Uses

        Sec. 9-241. PurT)ose and intent.

              In order to provide for certain uses which because of their unique
        characteristics are not generally permitted as a matter of right in the
        various zoning districts, these uses are designated as conditional uses
        and may be permitted in certain districts subject to conformance with the
        provisions of this division.        This division is established for the
        purpose of ensuring compatibility of conditional uses with surrounding
        uses, promoting the New Kent County Comprehensive Plan and protecting the
        health, safety and general welfare of the public.

        Sec. 9-242. Conditional use permits.

              All conditional uses set forth in this article shall require a
        conditional use permit in order to be lawfully conducted.          The permit
        shall be subject to such conditions in addition to any which may be
        specified herein as are deemed necessary to carry out the intent of this
        article.    There shall be a charge for the examination and approval or
        disapproval of every conditional use permit application and renewal
        thereof.    Such charge shall be established by the governing body from
        time to time.      The governing body may in any instance delegate the
        authority to issue conditional use permits to the Zoning Administrator.
        The Board of Supervisors or Zoning Administrator may at their discretion
        waive any and all required fees for conditional use permits to non-profit
        civic organizations whose fund raising events require conditional use
        permits.    All conditional use permits shall expire one (1) year after
        issuance if the use has not commenced within that time period.

        Sec. 9-243. Authority to issue gonditional use permits; procedure.

              A. The authority to issue conditional use permits for the following
        uses is hereby delegated to the Zoning Administrator.              All other
        conditional uses shall be permitted only by the Board of Supervisors.
        The Zoning Administrator has the right to refer all applications for
        conditional use permits to the Board of Supervisors or Planning
        Commission for their recommendations.

              1.    Animal husbandry (commercial stables).

              2.    Animal husbandry (the keeping of horses, cattle, swine, fowl,
                    and exotic animals on less than five (5) acres) .

              3.    Animal husbandry (commercial raising and housing of swine) .

              4.    Animal -husbandry -@ (raising, keeping and breeding--of animals for
                    profit on less than ten (10) acres).

              5.    Cemeteries.
              6.    Child care centers.       145











            7.   Radio, television or communication stations and/or towers which
                 exceed f ifty (50) feet in height.

            8.   Single-family detached dwellings converted to two-family.
            9.   Temporary use of construction trailers and/or temporary or
                 portable buildings for offices, storage facilities or public
                 and semipublic uses.

            10.  The temporary use of a mobile home while constructing a
                 permanent residence.

            11.  Placing a permanent mobile home on Agricultural (A-1) zoned
                 property.

            12.  Antique shops on Agricultural (A-1) zoned property.

            13.  Kennels on Agriclutural (A-1) zoned property.

            14.  Activities requiring seasonal use permits on Agricultural (A-1)
                 zoned property.

            15.  Sporting Clays

            B.  The Zoning Administrator shall notify the governing body and
      adjacent  property owners in writing of all applications ten (10) days
      prior to  the issuance of a conditional use permit under his authority.
      He shall state to the Board his proposed disposition and the reasons
      therefore. On the date of notification to the governing body, the Zoning
      Administrator shall post a sign on the premises for which a conditional
      use permit is requested indicating that such a request has been made.
      Any two (2) board members may request within ten (10) days of the date
      of the notice that consideration be given by the entire governing body
      and in such event, the application shall be considered at the next
      regular or special meeting of the governing body. otherwise, the Zoning
      Administrator shall proceed to act on the permit in accordance with the
      notice.

            C.   The Board of Supervisors in any case may, but shall not be
      required to, hold a public hearing regarding the issuance of a
      conditional use permit.

            D. The notification and sign posting procedure shall be followed
      when an application for a conditional use permit that must be issued by
      the Board is received. The notification need not be made in ten days but
      shall be sent in adequate time to give the adjacent property owners
      notice of the meeting when the application will be considered by the
      Board. Upon receipt, applications will be placed on the Board's agenda
      as soon as practicable.     (4/8/91)





                                          146












        Sec. 9-244. Standards for review.

             in all requests for approval of conditional uses, the burden of
        proof shall be on the applicant. In making a decision, no action shall
        be taken which will be detrimental to the public welfare or which will
        substantially impair the intent or purpose of this article.      Specific
        conditions for many particular conditional uses are set forth in Section
        9-245 of this division.    In the event no specific conditions are set
        forth for a particular conditional use or if, in the opinion of the
        granting authority, additional terms and conditions are needed in
        addition to those specifically set forth in order to carry out the intent
        and purpose of this article, the following guidelines shall be used in
        determining the propriety of granting a conditional use permit and in
        requiring any conditionstherefor:

             A. The proposed use shall not be prejudicial to the character of
        the neighborhood.

             B. The proposed use shall not adversely affect the general plans
        for the physical development of the County as embodied in the
        Comprehensive Plan.

             C.   The proposed use shall not be detrimental to the use or
        development of adjacent properties or the general neighborhood nor impair
        the value of buildings or property in surrounding areas.

             D.  The proposed use shall not unreasonably restrict an adequate
        supply of light, water or air to adjacent property nor produce undue
        congestion in the street.

             E. The proposed use shall adequately provide for access facilities
        for the estimated traffic.

             F.   The proposed use shall be subject to any applicable site
        planning or performance standards enumerated in Division 18 of this
        article.

             G. The proposed use shall be reasonable in terms of the logical,
        efficient, and economical extension of public services and facilities
        serving the County, such as water, sewer,      streets, police and fire
        protection, transportation, recreation, and public schools.

        Sec. 9-245. specific use conditions.

             A. Restrictions on any conditional use including those for which
        specific provision is made in this article may include but need not be
        limited to the following:

             1.   Hours of operation.

             2.   Access to and from the subject property.


                                           147











            3.   Protection of surface and groundwater.

            4.   Lighting of the site, including the intensity and shielding so
                 as to not adversely affect adjacent or nearby property owners.

            5.   Adequate sewer and water supply.

            6.   Sound limitations as needed to ensure peaceful enjoyment of
                 neighboring property.

            7.   Location, size, height, design of buildings, walls, fences,
                 landscaping and buffer yards.

            a.   covenants and/or homeowners associations for maintenance of
                 applicable restrictions.

            9.   Timing or phasing of development.

            10.  Type and placement of utilities including underground
                 placements.

            11.  Controls for smoke, dust and odors.

            12.  Requirements for performance guarantees ensuring that all
                 conditions are met and plans are implemented.

            13.  Any other conditions deemed necessary to protect the health,
                 safety and general welfare of the public.

            B.   The following conditional uses in addition to any other
       conditions or restrictions which may be imposed shall comply with the
       specific requirements set forth herein:

       Airports and helipads.

            1.   All airports and helipads shall be designed in accordance with
                 Federal Aviation Administration rules and regulations.

            2.   All approvals must be obtained from the Board of Supervisors.

       Animal husbandry (commercial stables).

            1.   The minimum area for any such establishment shall be ten (10)
                 acres. If horses or ponies are to be pasture fed, then there
                 shall not be less than one (1) acre of suitable pasture land
                 for each horse or pony kept on premises.

            2.   Any building, structure or animal yard used for the keeping of
                 such animals shall be located not less than fifty (50) feet
                 from any property line.



                                          148











              3.   The Zoning Administrator shall find that such use will not be
                   detrimental to the character of the neighborhood and may impose
                   additional conditions relating to the setback of pastures and
                   requirements for drainage control if deemed necessary to ensure
                   the public interest and welfare.

        Animal husbandry (the keevincF of horses, cattle, swine, fowl, sheep,
        goats and  exotic animals on less than five (5) acres).

              1.   The keeping of horses or ponies shall be solely for the
                   recreational purposes of the family living on the premises.
                   The commercial boarding of horses or ponies which are not owned
                   by the resident family shall be prohibited.

              2.   The minimum area of any parcel used f or the keeping of such
                   animals shall be one (1) acre of grazing area per animal. The
                   computation of the minimum area shall not include the area
                   occupied by any residential structure or any other area which
                   the Zoning Administrator finds to be unsuitable for the keeping
                   of such animals.

              3.   Any building or structure used for the keeping of such animals
                   shall be located not less than fifty (50) feet from any
                   property line.

              4.   The Zoning Administrator shall find that such use will not be
                   detrimental to the character of the neighborhood and may impose
                   additional conditions relating to the setback of pastures and
                   requirements for drainage control if deemed necessary to ensure
                   the public interest and welfare.

        Animal husbandry (commercial raising and housing of swine).

              1 .  The minimum area for any such establishment shall be fifteen
                   (15) acres.

              2.   No f eed or brood pen or lot shall be closer to any property
                   line than two hundred fifty (250) feet.

              3.   All outside areas used for the enclosure of animals shall be
                   f enced with a three (3) f oot high chain link f ence or an
                   equivalent barrier approved by the Zoning Administrator.

              4.   The Zoning Administrator shall find that such use will not be
                   detrimental to the character of the neighborhood and may impose
                   additional conditions including requirements relating to the
                   setback . of-- enclosed- -areas- from:--property -lines * a-s well as
                   requirements for drainage control.





                                              149











      Animal husbandry (raising, breeding and keeping of animals for prof it on
      less than  ten (10) acres.

            1.   No pen or other enclosure used for feed, exercise or brooding
                 of animals shall be closer to any property line than two
                 hundred fifty (250) feet.

            2.   All outside areas used for the enclosure of animals shall be
                 fenced with a chainlink fence or equivalent barrier of
                 sufficient height to insure the containment of animals to the
                 satisfaction of the Zoning Administrator.

            3.   The Zoning Administrator shall find that such use will not be
                 detrimental to the character of the neighborhood and may impose
                 additional conditions relating to the setback of enclosed areas
                 as well as requirements relating to drainage control.

      Antiaue Shops in A-1 Zones

            1.   There shall be no outdoor display or storage of goods or
                 merchandise.

            2.   Any building so used shall be the residence of the proprietor
                 or an accessory structure'thereto. Additionally, an accessory
                 structure shall not exceed one percent (1%) of the size of the
                 parcel, and in no case shall the structure exceed five thousand
                 (5,000) square feet.

            3.   Employees shall be limited to residents of the dwelling.

            4.   Signs shall be limited to no more than two (2), and shall be
                 two square feet (2 sq. ft.) or less in size.

            5.   Parking shall comply with Section 9-298 of this zoning
                 ordinance.

            6.   Site plan in accordance with Division is of        this zoning
                 ordinance shall be reauired.

            7.   other conditions may be added to the conditional   use permit,
                 if they are deemed to be appropriate by the Beard ef
                 Sepervisers Zoning Administrator.

      Bed and breakfast/home stay establishment.

      A.    Locational Criteria.

            Located on a paved State-maintained road with direct access to the
      State-maintained road. Direct access shall mean an entrance located on
      the same property as the bed and breakfast establishment.



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       B.    Use Criteria.

             1.   No restaurant shall be permitted.       Food service shall be
                  limited to breakfast and to resident guests only.

             2.   The establishment shall be owner occupied and managed.

             3.   Amplified    music,    outdoor   parties,, (e.g.,      weddings,
                  anniversaries, birthday parties, graduation parties) or similar
                  activities for commercial purposes shall be permitted only with
                  a permit in accordance with Chapter 11 of the County Code.

             4.   Business Licen se is required.


       C.    Site Development Criteria.

             1.   off-street parking:

                  a.   one off-street parking space shall be provided for each
                       quest room.

                  b.   Parking may be provided off-site in a public lot or with
                       certif ication of permission of of f -site owner.      Such
                       parking to be located a convenient distance from the bed
                       and breakfast.

                  C.   The parking area shall not be located within the setbacks
                       of the required yards.

                  d.   In the A-1 zoning district the parking area shall be
                       located at least 50 feet from any adjacent, residentially
                       zoned property boundary or shall be adequately screened.

             2.   All requirements of the Health Department, the Fire Marshal's
                  office, the Uniform Statewide Building Code and the Code of
                  Virginia shall be met.

             3.   The initial permit shall be issued by the Board of Supervisors.
                  in each succeeding year, the Zoning Administrator shall issue
                  the permit in a manner consistent with ï¿½ 9-243 (B) .

       campgrounds, camping units and campsites.

             1.   The minimum lot size shall be twenty (20) acres.

                                               ing       ora y.Qth           ement
             2.   No structure, qampsite,- park'    area     n
                  shall be located closer than'- one hundred   (100) feet to" any
                  property line.




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            3.    No permit shall be issued until the applicant has furnished
                  evidence that the proposed development meets all applicable
                  state and locall health requirements.

            4.    The only permanent structure allowed for residential use shall
                  be occupied by the owner or manager of the facility.

            5.    The facility shall be served by a fifty (50) foot wide right-
                  of-way.

            6.    The gross density shall not exceed eight (8) camping sites per
                  acre. Each campsite shall be a minimum of forty (40) feet in
                  width and three thousand six hundred (3,600) square feet in
                  area.


            7.    Storage buildings less than one hundred (100) square feet in
                  size and permanent screened porches not exceeding one hundred
                  fifty (150) square feet in size shall be permitted on each
                  campsite designed for use by camper vehicles. One porch and
                  storage building are permitted per campsite.

            8.    Accessory commercial uses are permitted, exclusively for the
                  use of residents of the park (coin-operated laundry,
                  convenience store, entertainment).

            9.    No one other than the owner or manager of the facility may
                  reside at the facility for a period exceeding three (3)
                  consecutive months or one hundred eighty (180) days per year.

       cemeteries.

            1.    Unless associated with and on the same property as a church,
                  synagogue or other place of worship, a cemetery must be at
                  least twenty (20) acres in size.

            2.    Cemeteries shall only be located in those areas which have
                  favorable soil and water characteristics as identified by an
                  inspection of the soil by an engineer or soil scientist.

            3.    No permit shall be issued until all state and local health
                  department approvals have been obtained.

            4.    A plotting plan of the proposed burial sites and a traf f ic
                  circulation and parking plan in the cemetery shall be submitted
                  for approval.

            5.    No interment plot shall be located within f ifty       f eet of
                  any public right-of-way.

            6.    Rights-of-way throughout the cemetery shall be at least twenty
                  (20) feet in width.


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            7.    Cemeteries -shall not be located in residential zoning districts
                  unless they share the site with a church, synagogue or other
                  place of worship.


            8.    Any organization or entity other than an established church
                  shall submit evidence which demonstrates that the cemetery will
                  be maintained ad infinitum.

            9.    For private family cemeteries for use of the property owners
                  only, the conditions set forth in paragraphs (2), (3), (5),
                  (6), and (7) above are the only requirements which must be met.

       Child care center, day care center, preschool, nursery.

            1.    The minimum site area shall be one (1) acre.

            2.    The minimum area required per child for indoor space and
                  outdoor recreational space shall be in conformance with the
                  requirements for licensing by the State of Virginia.         All
                  outdoor areas shall be adequately fenced or otherwise protected
                  from hazards, traffic and driveways.

            3.    All loading and unloading of children shall take place on site
                  and not in the public right-of-way.

            4.    All child care facilities to be used by the children shall be
                  located on the principal entrance floor and any other level
                  which is not more than one-half (1/2) above or below the grade
                  at the location from which egress is provided to the street.

            5.    The Zoning Administrator shall not grant a permit until the
                  applicant  demonstrates an ability       to meet    all    state
                  certification requirements and state and local health
                  department requirements.

      Ethanol distillation in A-1 zoning district.

            1.    The distillation of ethanol shall not be approved by the
                  governing body until the State Air Pollution Control Board has
                  reviewed and commented on the proposal.

            2.    All equipment associated with an ethanol distillation process
                  must be located at least two hundred (200) feet from all
                  property lines.

      Group care facility.

            1.    Each individual  structure shall house no more than ten (10)
                  persons.




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            2.   Businesses which are agricultural or handicraft in nature and
                 which are conducted for the sole benefit of the residents or
                 other users of the group care facility may be established on
                 the premises of the facility, if such businesses are part of
                 an organized program of rehabilitation or therapy f or the
                 residents or other users. Such businesses shall be in addition
                 to those otherwise allowed in the zoning district.

            3.   Any such use shall meet all other requirements of this article
                 and all regulations of the appropriate governing state, f ederal
                 and local agencies.

       -Mobile home as a storage shed in conlunction with a bona fide
       agricultural operation.

            1.   The mobile home shall not be used for living or sleeping
                 purposes and all plumbing and kitchen fixtures shall be
                 removed. The mobile home shall only by used for the storage
                 of personal property.

            2.   The mobile home shall not be visible from any public road or
                 from any residence not owned by the owner of the storage
                 trailer.

            3.   A drawing showing the proposed location of the mobile home
                 including distances from all property lines and the septic tank
                 and drainfield shall be submitted by the applicant and must be
                 approved by the zoning administrator.               The    zoning
                 administrator may require changes in the drawing which would
                 make the location of the mobile home more harmonious with the
                 neighborhood.

            4.   The minimum lot size for any such use shall be fifteen (15)
                 acres.


       Mobile homes in emergency situations.

             Mobile homes or any habitable dwelling or structure as a temporary
       use for a residence with a conditional use permit.      A conditional use
       permit shall only be granted by the Zoning Administrator under the
       following circumstances and with the following conditions:

            1.   Permit shall be issued only to an applicant who has been
                 displaced due to destruction of his or her home of fire, flood,
                 windstorm or other -natural disaster while during repairs or
                 reconstruction of the dwelling. Permit shall be issued also
                 when the building codes administrator has determined that an
                 existing dwelling is no longer habitable.

            2.   The permit shall be temporary and shall be issued for a period
                 not to exceed one (1) year unless the applicant can demonstrate


                                           154











                  that, due to a fixed income or loss of income, he is
                  financially unable to reconstruct the dwelling.

            3.    Except by those applicants who have demonstrated financial
                  inability to reconstruct homes, within the first thirty (30)
                  days of issuance of the conditional use permit the building
                  permit shall be acquired.    By the end of ten (10) months a
                  certificate of occupancy shall be issued for a permanent
                  dwelling.   By the end of twelve (12) months the temporary
                  dwelling shall either be removed from the premises or converted
                  into a use permitted by the ordinance.

            4.    Applicants who have demonstrated financial inability to
                  reconstruct homes shall, within ninety (90) days of receiving
                  a conditional use permit, remove the uninhabited dwelling from
                  the lot.

            5.    The applicant must furnish to the Zoning Administrator a copy
                  of the restrictive covenants, if any, applicable to the lot on
                  which the mobile home will be located, and no conditional use
                  permit shall be issued which is in violation of said
                  restrictive covenants. If there are no restrictive covenants
                  applicable to the lot, the applicant shall so certify in
                  writing.

            6.    A drawing showing the proposed location of the mobile home,
                  including distances from all property lines and the septic tank
                  and drainfield, shall be submitted by the applicant and must
                  be approved by the Zoning Administrator.            The Zoning
                  Administrator may require changes in the drawing which would
                  make the location of the mobile home more harmonious with the
                  neighborhood.

            7.    For an applicant who is repairing or reconstructing a dwelling,
                  the Zoning Administrator shall require the applicant to post
                  a Five Hundred Dollar ($500.00) bond with surety conditioned
                  upon the removal of the mobile home at the termination of the
                  prescribed time period. This bond shall not be released until
                  the mobile home has been removed from the property. Violation
                  of any condition of the conditional use permit or failure to
                  remove the mobile home within the prescribed time period shall
                  result in the f orf eiture of the bond to the county and the
                  proceeds shall be used to pay any and all costs incurred by the
                  county to remedy the violation, including but not limited to
                  cost of removal and storage.

            8.    Only those mobile homes built since June ."15, ' 1976, and
                  constructed in accordance with regulations promulgated by the
                  Department of Housing and Urban Development under the Federal
                  Manufacture Housing Construction and Safety Standards Act and
                  bearing the appropriate seals and labels to certify compliance


                                          155











                  are permitted. The mobile home must be skirted with a fire-
                  resistant material approved by the Building Official.

            9.    Provisions of this section shall apply only to the replacement
                  of inhabited dwellings in existence at the time this ordinance
                  becomes effective or those dwellings in existence.at the time
                  the ordinance becomes effective or those dwellings properly
                  constructed under the provisions of the building and zoning
                  codes in effect after its passage becomes effective.

       operation of a construction business with storacre of equipment and
       maintenance as a home occupation on agriculturally zoned property-.

            1.    operation shall have been in existence at the adoption of  this
                  article. becoming a non-conforming use and obtaining a     non-
                  conforming use permit: as in accordance with Section 9-267.

            2.    Non-conforming use may not be discontinued for a period of two
                  (2) years after the enactment of this ordinance, or it shall
                  be deemed abandoned.

            3.    Requires notifications of all adjacent property owners.

            4.    Requires a public hearing before issuance of a permit.

            5.    All structures associated with non-conforming use shall meet
                  frontage setbacks, side yard, rear yard and height provisions
                  of the district in which it is located.



            6.    operation must be conducted as a family business.

       Paint pellet competitive games.

            1.    All activities are conducted within a designated area which is
                  properly marked.

            2.    The conditional use permit shall be renewed annually.

       Permanent  mobile homes for agricultural use._

            1.    The mobile home shall be used for dwelling purposes only.

            2.    The minimum parcel size shall be twenty-five (25) acres for the
                  location and maintenance of a mobile home. The parcel on which
                  the mobile home is located must be in use for agriculture or
                  farming as defined in the New Kent County Zoning Ordinance.

            3.    one such mobile home may be located on the same parcel as the
                  main dwelling, provided the main dwelling is not also a mobile
                  home.



                                          156











            4.    Only those mobile homes built since June 15, 1976, and
                  constructed in accordance with regulations promulgated by the
                  Department of Housing and Urban Development under the Federal
                  Manufactured Housing Construction and Saf ety Standards Act and
                  bearing the appropriate seals and labels to certify compliance
                  are permitted. The mobile home must be skirted with a fire-
                  resistant material approved by the Building Official.

            5.    A drawing showing the proposed loc   ation of the mobile home
                  including distances from all property lines and the septic tank
                  and drainfield shall be submitted by the applicant and must be
                  approved by the Zoning Administrator. The Zoning Administrator
                  may require changes in the drawing which would make the
                  location of the mobile home more harmonious with the
                  neighborhood.

       Radio, television or communication stations and/or towers which exceed
       fifty (50) feet in height on agriculturally zone property.

            1.    A buffer of evergreen screening (trees or hedging) shall be
                  provided around the entire facility with the exception of any
                  associated office building. A section of fence at least six
                  (6) feet in height shall be provided completely around the base
                  of the tower and any associated equipment.

            2.    A site plan of the proposed facility must be submitted to and
                  approved by the zoning administrator.

            3.    The facility shall not interfere with the radio, television or
                  communications reception of nearby property owners in residence
                  at the time of construction. The applicant shall take steps
                  to successfully eliminate any such interference.

            4.    All towers and other structures shall meet all safety
                  requirements of all applicable building codes.

            5.    All towers shall be set back seventy-five (75) feet from any
                  property line and in no event shall any such tower be
                  constructed or erected nearer than five hundred (500) feet to
                  a resident, dwelling unit.

                  This section does not apply to adjacent property owners'
                  construction of a residential dwelling subsequent to erection
                  of the tower.

            6.    All adjacent property owners and/or property owners within the
                  500 foot radius- of---any such -tower shall be notified by
                  certified mail, by the permitting authority, prior to the
                  issuance of a conditional use permit.




                                          157












       Radio, television or communication stations and/or towers which exceed
       fifty (50) feet in height on property zoned B-1, B-2, B-3, M-1, and-M-2.

            I.    A buf f er of evergreen screening (trees or hedging) shall be
                  provided around the entire facility with the exception of any
                  associated office building. A section of fence at least six
                  (6) f eet in height shall be provided completely around the base
                  of the tower and any associated equipment.

            2.    A site plan of the proposed facility must be submitted to and
                  approved by the Zoning Administrator.

            3.    The facility shall not interfere with the radio, television or
                  communications reception of nearby property owners in residence
                  at the time of construction. The applicant shall take steps
                  to successfully eliminate any such interference.

            4.    All towers and other structures shall meet all safety
                  requirements of all applicable building codes.

            5.    All towers shall be set back seventy-five (75) feet from any
                  property line.

       Single-family detached dwellings converted to two-family dwellings.

            i.    The original dwelling unit shall be required to have not less
                  than one thousand three hundred (1,300) square feet of livable
                  floor area exclusive of attic, cellars, garages, porches or
                  sheds and must. not be in such a state of disrepair,
                  obsolescence or dilapidation as to be in its existing state
                  dangerous or injurious to health, safety, or general welfare
                  or the preservation of the value of adjacent properties.

            2.    Prior to the issuance of the conditional use permit by the
                  Zoning Administrator, the applicant shall have secured all
                  necessary health approvals related to the provision of water
                  and the disposal of sewage.

            3.    Each separate dwelling unit shall be provided with a privata
                  bathroom and kitchen.

            4.    The minimum habitable floor area for each separate unit shall
                  be as follows:

                  Efficiency or studio -- four hundrad fifty (450) square feet

                  one bedroom unit     six hundred fifty (650) square feet

                  Two bedroom unit     seven hundred fifty (750) square feet. An
                  additional one hundred fifty (150) square feet shall be
                  provided for each additional bedroom.


                                           158










             5.   Each dwelling unit shall be independent with saf e means of
                  ingress and egress provided also that no change in the exterior
                  of the original dwelling shall be permitted to afford such
                  ingress and egress except for a small porch not exceeding five
                  (5) feet in width.

             6.   No dwelling unit shall be permitted above the second floor or
                  in the cellar of any building. All dwelling units located in
                  the basement of any building shall meet all county codes
                  concerning the use of windows and doors for ingress and egress.

             7.   The ground area of the original dwelling shall not be enlarged
                  more than twenty-five percent (25%) of the original ground area
                  and the number of stories shall not be increased for the
                  purpose of or in connection with the conversion of such
                  structure into a second dwelling unit, except areas between
                  projections of parts of the original dwelling may be
                  incorporated into the building where reasonable necessary for
                  the execution of a proper and otherwise approved plan for the
                  conversion of the dwelling into two (2) or more dwelling units.

             8.   There shall be no outside alterations or changes which will in
                  any way modify or change the single-family character or
                  appearance of the original structure.

             9.   A minimum of two (2) off-street parking spaces shall be
                  provided.

             10.  One (1) dwelling unit of a converted single-family dwelling
                  must always be occupied by the owner of record.

             11.  All rooms within a dwelling unit shall be accessible within the
                  limits of the dwelling unit.

       Sporting Clays.

            1.    The conditional use permit may, at the discretion of the Board
                  of Supervisors, return to the Planning Commission for review
                  and approval.

            2.    A site plan per Division IS of the Zoning Ordinance will be
                  required. The site plan may, at the discretion of the Board
                  of Supervisors, return to the Planning commission for review
                  and approval. ,

            3.    All shooting stations will be designed so they are away from
                  existing residential uses [email protected] wil@__be_discharged -in
                  4 direction away @ f roie these 'etisting uses with established
                  safety standards.




                                           159










          4.     Noise abatement barriers equal to the NRA Standards and
                 Guidelines set forth in the range manual shall be utilized and
                 shall appear on the site plan.

          5.     Lead shot size is limited to 7-1/2, and shotguns no larger than
                 12 gauge shall be allowed. When wetlands areas are involved
                 steel shot shall be used. In the event the use of steel shot
                 is required, shot no larger than   6 shall be allowed. If the
                 state approves an alternative to steel shot it shall be
                 allowed.

          6.     Hand traps may be used provided throwing positions are designed
                 to protedt the trap operator.

          7.     Clay targets must be thrown only from designated positions and
                 only  in   directions or     elevations   required by     design
                 specifications.

          a.     A shotfall safety area of three hundred yards in the direction
                 of-fire will be required at each station. Each field layout
                 will require a different shotfall design.

          9.     Hours of operation shall be Monday through Saturday from
                 sunrise to sunset. Sunday hours shall be established on a case
                 by case basis by the Board of Supervisors.

         10.     A written list of range rules shall be created and filed in the
                 office of Planning and Community Development.

         11.     A safety plan shall     be created for the sporting clays
                 operation, and it shall be filed in the Office of Planning and
                 Community Development.

         12.     The range rules shall   be posted in a conspicuous place and
                 these rules shall be reviewed by the user of the range.

         13.     A minimum of 100 acres shall be required for sporting clays.
                 (3/23/93)

      Steeplechase.

          1.     A site plan per-Division 18 of the Zoning ordinance shall be
                 required.

          2.     A traffic plan approved by the Sheriff's Department and
                 Department of Public Safety shall be required.

          3.     Health Department approval of regulations governing food
                 service, toilet facilities,, sewage disposal facilities and
                 water supply facilities shall be required.



                                          160











             4.    A fire protection and medical facilities plan approve by the
                   Department of Public Safety shall be required.

             5.    Steeple chase tracks shall be located on no less than 200
                   acres.


             6.    A parking plan approved by the Planning DepartmentI the
                   Department of public safety, and the Sheriff Is Department shall
                   be required.

             7.    The Sheriff Is Department and Department of Public Safety shall
                   be notified ninety (90) days prior to the event.

                   The Health Department shall be notified ninety (90) days prior
                   to the event.

             9.    All signs of a temporary nature shall be removed within forty-
                   eight (48) hours after the event.

            10.    No billboards, grandstands or lighting shall be erected.

            11.    The operator shall submit an Alcoholic Beverage Control permit
                   to the County ninety (90) days in advance if alcohol is to be
                   served.

            12.    other conditions   may be added to the conditional use permit,
                   if deemed appropriate by the Board of supervisors.

        Temporary  Mobile Homes.

              1.   Such use shall not be permitted unless the parcel on which the
                   mobile home will be located is at least five (5) acres in area.

              2.   The mobile home is to be used by the applicant as a residence
                   while construction of a house for applicant is in progress.

              3.   The applicant shall apply to the Building official for a
                   building permit for the permanent structure at the same time
                   as application is made for the temporary use permit.
              4.   The permit shall be temporary and shall be issued for a period
                   to expire ninety (90) days after the issuance of a certificate
                   of occupancy for the dwelling but in no event f or more than
                   three (3) years . One (1) year extension may be granted at the
                   discretion of the Zoning Administrator upon good cause shown
                   by the applicant provided the applicant is making reasonable
                   progress towards the completion of the dwelling.

              5.  'only @* tho:Md tobi,le' homes built since june           1976, and
                   constructed in accordance with regulations promulgated by        the
                   Department of Housing and Urban Development under the Federal
                   Manufactured Housing construction and Safety Standards Act and
                   bearing the appropriate seals and labels to certify compliance

                                              161











                  are permitted. The mobile home must be skirted with a fire-
                  resistant material approved by the Building Official.

             6.   A drawing showing the proposed location of the mobile home
                  including distances from all property lines and the septic tank
                  and drainfield shall be submitted by the applicant and must be
                  approved by the Zoning Administrator. The Zoning Administrator
                  may require changes in the drawing which would make the
                  location of the mobile home more harmonious with the
                  neighborhood.

             7.   The Zoning Administrator shall require the applicant to post
                  a Five Hundred Dollar ($500.00) bond, with surety, conditioned
                  upon removal of the mobile home at the termination of the
                  prescribed time period. This bond shall not be released until
                  the mobile home has been removed from the property.             A
                  violation of any condition of the conditional use permit or
                  failure to remove the mobile home within the prescribed time
                  period shall result in the forfeiture of the bond to the County
                  and proceeds shall be used to pay any and all costs incurred
                  by the County to remedy the violation, including but not
                  limited to the costs of removal and storage.

       Temporary  storage of a mobile home.

             1.   The permit shall be issued for the storage of a mobile home
                  only and no such mobile home shall be used for any purpose and
                  specifically not as living or sleeping quarters.

             2.   The mobile home shall not be connected to any utilities nor
                  shall water or electricity be furnished to the mobile home from
                  any source.

             3.   minimum lot@ size for storage of a mobile home shall be five (5)
                  acres.


             4.   The mobile home may be stored on the same parcel with any other
                  principal permitted use but must be located in the rear yard
                  area.

             5.   The permit shall be temporary and shall be issued for a period
                  not to exceed ninety (90) days.

             6.   The applicant must furnish to the Zoning Administrator a copy
                  of the restrictive covenants, if any, applicable to the lot on
                  which the mobile home will be located.      No conditional use
                  permit shall be issued which is in violation of said
                  restrictive covenants. If thereare no restrictive covenants
                  applicable to the lot, the applicant shall so certify in
                  writing.



                                           162










            7.    A drawing showing the proposed   location of the mobile home
                  including distances from all property lines and the existing
                  septic tank and drainfield shall be submitted by the applicant
                  and must be approved by the Zoning Administrator. The Zoning
                  Administrator may require changes in the drawing which would
                  make the location of the mobile home more harmonious with the
                  neighborhood.

            8.    The Zoning Administrator shall require the applicant to post
                  a Five Hundred Dollar ($500.00) bond, with surety, conditioned
                  upon removal of the mobile home at the termination of the
                  prescribed time period. This bond shall not be released until
                  the mobile home has been removed from the property.           A
                  violation of any condition of the conditional use permit or
                  failure to remove the mobile home within the prescribed time:
                  period shall result in the forfeiture of the bond to the County
                  and the proceeds shall be used to pay any and all costs
                  incurred by the County to remedy the violation, including but
                  not limited to the costs of removal and storage.

       Temioorary use of construction trailers and/or portable or temporary
       buildings  for offices, storage facilities, public and semipublic uses.

            1.    Such use shall be in conjunction with:

                  A.  a bona fide construction project for which a building
                      permit has been issued; or

                  B.  the development of an approved subdivision or highway or
                      public works construction projects

                  Such use shall not be permitted in conjunction with the
                  construction of an individual single-family dwelling unit.

            2.    The temporary structure shall be located in conformance with
                  all applicable requirements of this ordinance.

            3.    The temporary structure shall not be used for temporary living
                  quarters at any time.

            4.    The conditional use permit shall be valid for a period of one
                  (1) year or thirty (30) days beyond the date of the issuance
                  of a certificate of occupancy for the permanent structure,
                  whichever occurs first.

            5.    Upon evidence that the completion of construction is imminent,
                  the Zoning ?,dministrato.r may.'.gt&ht reasonable time extensions.

            6.    The Zoning Administrator retains the right to revoke the permit
                  if, at anytime, the applicant violates any conditions of said
                  permit.


                                          163










            7.   The Zoning Administrator retains the right to require a site
                 plan or to place additional reasonable conditions on the use
                 permit if necessary.

       Turkey shoots.

            1.   Only turkey shoots conducted as fund raisers by non-prof it
                 organizations will be permitted.

            2.   The parcel on which the shoot is conducted shall have a minimum
                 width of three hundred (300) feet and a minimum depth of six
                 hundred (600) feet.

            3.   The shoot shall be positioned so that the line of f ire is
                 directly away from any public or private road or right-of-way
                 and shall not be directed towards any residence or any other
                 structure.

            4.   No firearms shall be discharged within two hundred (200) feet
                 of any public or private street or right-of-way.

            5.   No firearms shall be discharged within five hundred (500) feet
                 of any unrelated commercial building or residential dwelling.

            6.   The hours of operation shall be restricted to the hours between
                 9 a.m. and 10 p.m. except on Friday and Saturday when the
                 operation until 11 p.m. is permissible.

            7.   The discharge of firearms shall be limited to: Shotguns and
                 muzzle loading shotguns. Any discharge of a rifle of caliber
                 greater than .22 is prohibited for these events.

            8.   Conditional use permits will be subject to annual review by the
                 Board of Supervisors or their agent to insure compliance with
                 the ordinance.

       Zoological gardens.

            1.   The garden is to be fenced with a heavy duty, chain link,
                 perimeter fencing ten (10) feet high.

            2.   individual cages will be prepared for each species of animal.

            3.   The facility will be operated in accordance with federal, state
                 and SPCA guidelines.

            4.   Paved State-maintained roads will be provided for the site and
                 all interior roads dedicated for purpose of vehicular access
                 will be built to standards for State-maintained paved roads.

            5.   All health department requirements for animal facilities and
                 public facilities must be met.

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            6.   Site plan must be approved by the *Planning commission and Board
                 of Supervisors.

            7.   The garden may not be closer than 1000 feet to any adjacent
                 residence.

            8.   The garden may not be closer than one (1) mile from any
                 residentially zoned property.

            9.   The garden may not be closer than two (2) miles f rom any school
                 or hospital.   (9/14/87) (12/11/89)  (4/9/90)  (4/8/91)

       Sec. 9-246 to 9-250. Reserved for future legislation.














































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                           Division 16. -Conditional Zonincr

                            For State law as to conditional
                            zoning see Section 15.1-491.1 of
                            the Code of Vircrinia of 1950 as
                            amended.


       Sec. 9-251. Purioose of division.

            It is the general policy of the County in accordance with the laws
       of the Commonwealth of Virginia to provide for the orderly development
       of land, for all purposes through zoning and other land development
       legislation. Frequently where competing and incompatible uses conflict,
       traditional zoning methods and procedures are inadequate. In these cases
       more flexible and adaptable zoning methods are needed to permit land uses
       and at  the same time to recognize the effects of change.      It is the
       purpose of this division to provide a more flexible and adaptable zoning
       method to cope with situations found in such zones through conditional
       zoning, whereby a zoning reclassification may be allowed subject to
       certain conditions proffered by the zoning applicant for the protection
       of the community that are not applicable to land similarly zoned. the
       provisions of this division are not to be used for the purpose of
       discrimination in housing.

       Sec. 9-252. Proffer of conditions.

            Any owner of property making application for a change in zoning or
       amendment to the zoning map as part of the application may voluntarily
       proffer in writing reasonable conditions which shall be in addition to
       the regulations provided for in the zoning district or zone sought in the
       rezoning application. Any such proffered conditions must be made prior
       to any public hearing before the governing body (including joint public
       hearings of the Planning Commission and the Board of Supervisors) and
       shall be subject to the following limitations:

            A.   The rezoning itself must give rise to the need of the
                 conditions;

            B.   The conditions shall have a reasonable relation to the
                 rezoning;

            C.   The conditions shall not include a cash contribution to the
                 county;

            D.   The conditions shall not include mandatory dedication of real
                 or personal property for open space, parks, schools, fire
                 departments or other public facilities except for the
                 dedication of any street, curb, gutter, sidewalk, bicycle
                 trail, drainage, water or sewage systems;




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           E.    The conditions shall not include payment for or    construction
                 of offsite improvements except for a pro rata share of sewage
                 and drainage facilities;

           F.    No condition shall be prof f ered that is not related to the
                 physical development or physical operation of the property; and

           G.    All conditions shall be in conformity with the New Kent County
                 Comprehensive Plan.

       Sec. 9-253. Effect of conditions.

           Upon the approval of any such rezoning all conditions proffered and
      accepted by the governing body shall be deemed part thereof and
      nonseverable therefrom and shall remain in force until amended or varied
      by the Board of Supervisors in accordance with Section 15.1-491.6 of the
      Code of Virginia as amended. All such conditions shall be in addition
      to the regulations provided for in the zoning district by this article.

      Sec. 9-254. Zoning map notation and records.

           Each conditional rezoning shall be designated on the zoning map by
      an appropriate symbol designed by the Zoning Administrator. In addition,
      the Zoning Administrator shall keep and maintain a conditional zoning
      index which shall be available for public inspection and which shall
      provide ready access to the ordinance creating such conditions.

      Sec. 9-255. Submittal requirements.

           Each application for rezoning which proposes conditions to be
      applied shall be accompanied by the following items beyond those required
      by conventional rezoning requests.

           A.    A statement detailing the nature and location of any proffered
                 conditions and those proposed circumstances which prompted the
                 proffering of such conditions.

           B.    A signed statement - by both the applicant and owner in the
                 following form:

                      I hereby proffer that the development of the
                      subject property of this application shall be
                      in strict accordance with the conditions set
                      forth in this submission.

      Sec. 9-256. Procedural recrulations and requirements.

           Proffered conditions.shall.include.written-.statements, development
      plans and materials proffered in accordance with the provisions of this
      division and approved by the governing body in conjunction with the
      approval of a change in zoning or an amendment to the zoning map.


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            Upon approval, any site plan, subdivision plat, or development plan
       thereafter submitted for the development of the property in question
       shall be in substantial conformance with all proffered conditions and no
       development shall be approved by any County official in the absence of
       said substantial conformance.       For the purpose of this section
       substantial conformance shall mean that conformance which leaves a
       reasonable margin for adjustment due to final engineering data but
       conforms with the general nature of the development, the specific uses
       and the general layout depicted by the plans and other materials
       presented by the owner and the applicant.

       Sec. 9-257. Enforcement and quarantegs.

        The Zoning Administrator shall be vested with all necessary authority
       on behalf of the County to administer and enforce conditions attached to
       a rezoning or amendment to a zoning map including:

            A. The ordering in writing of the remedy of any noncompliance with
       such conditions;

            B.   The bringing of legal action to ensure compliance with such
       conditions including injunction, abatement or other appropriate action
       or proceeding; and

            C. Requiring a guarantee in an amount sufficient for or conditioned
       upon the construction of any physical improvements required by the
       conditions, or a contract for the construction of such improvements and
       the contractor's guarantee, in like amount and so conditioned, which
       guarantee may be reduced and/or released by the Zoning Administrator upon
       the submission of satisfactory evidence that construction of such
       improvements has been completed in whole or in part. Provided further
       that failure to meet all conditions shall constitute cause to deny the
       issuance of any required use, occupancy, or building permits as may be
       appropriate.

       Sec. 9-258. Petition for review of decision..

            Any zoning applicant who is aggrieved by the decision of the Zoning
       Administrator pursuant to the provisions of Section 9-257 may petition
       the governing body for review of such decision. Any such appeal shall
       be taken within thirty (30) days from the date of the action complained
       of and shall be instituted by filing with the Zoning Administrator and
       the County Administrator a notice of appeal specifying the grounds
       therefor.

            The Zoning Administrator shall forthwith transmit to the governing
       body all of the papers constituting the record upon which the action
       appealed from was taken and the governing body shall proceed to hear the
       appeal at its next regularly schedule meeting.

            An appeal shall stay all proceedings and furtherance of the action
       appealed from unless the Zoning Administrator certifies to the governing

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      body after notice of appeal has been f iled with him that by reason of the
      fact stated in the certificate a stay will in his opinion cause imminent
      peril to life or property.     In such case the proceeding shall not be
      stayed otherwise than by a restraining order which may be granted by the
      governing body or by a court of record on application or notice to the
      Zoning Administrator and on due cause shown.

      Sec. 9-259. Relation of division to other laws.

            The provisions contained in this division shall       be considered
      separate from, supplemental to the additional to the provisions contained
      elsewhere in this article or other County ordinances. Nothing contained
      in this division shall be construed as excusing compliance with all other
      applicable provisions of this Code or other County ordinances.

      Sec. 9-260 through 9-265. Reserved for future legislation.









































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       Sec. 9-266. Cont     Division 17. Nonconforming Uses
                         inuation of nonconformincr uses.

             Uses and structures not in accordance with this article may be
       continued subject to the following provisions:

             A. If at the time of enactment of this article, any legal activity
       which is  being pursued, or any lot or structure legally utilized in a
       manner or for a purpose which does not conform to the provisions of this
       article,  such manner of use or purpose may be continued as herein
       provided.

             B.  Any nonconforming use may be changed to a use conforming with
       the regulations as herein established for the district in which the
       nonconforming use is located; -provided, however, that a nonconforming use
       so changed shall not thereafter be changed back to a nonconforming use.

             C.  Structures and buildings existing at the time of adoption of
       this article on lots that fail to comply with minimum requirements for
       area, width, front yard, side yard, rear yard, height and open space for
       the districts in which they are located, may be improved, enlarged, and
       extended provided any such improvement, enlargement or extension complies
       with the minimum requirements as to front yard, side yard, rear yard,
       height and unobstructed open space for the district in which located.

             D.   If any change in title or possession of any such lot or
       structure occurs, the use existing may be continued.

             E.  If any nonconforming use in existence on the date    of adoption
       of this article is discontinued for a period exceeding two (2) years
       after the enactment of this article, it shall be deemed abandoned and any
       subsequent use shall conform with all of the requirements of this
       article.

       Sec. 9-267. Nonconforming use permit reguired.

             A. All nonconforming uses shall obtain a nonconforming use permit
       after the adoption of this article or any amendment thereto which changes
       the status of the use.    Such permit shall be issued promptly upon the
       written request of the owner or operator of the nonconforming use.

             B. The construction or any other initiation of a nonconforming use
       for which a permit was issued legally prior to the adoption of this
       article, may proceed provided such building is completed within one (1)
       year or the use established within thirty (30) days after the effective
       date of this article.

       Sec. 9-268. Extension, expansion or enlargement of nonconforming uses.

             A nonconforming use shall not be extended, expanded, enlarged or
       increased in intensity.    This requirement shall not apply to single-

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       family dwellings or mobile homes used as dwellings and legally in
       existence at the time this article was enacted or amended.           These
       structures may be expanded or enlarged, provided the expansions comply
       with the frontage, setback, side enlarged, provided the expansions comply
       with the frontage, setback, side yard, rear yard and height provisions
       of the district in which they are located and the expanded structure
       meets the requirements of the Health Department. Prohibited activities
       shall include without being limited to:

            A.   Extension of a nonconforming use to any building or other
       structure or land area other than one occupied by such use on the
       effective date of this article (or on the effective date of a subsequent
       amendment thereto that causes such use to become nonconforming).

            B.  Extension of a nonconforming use within a building or other
       structure to any portion of the floor area that was hot occupied by such
       use on the effective date of this ordinance (or on the effective date of
       a subsequent amendment thereto that causes such use to become
       nonconforming), provided, however, that a nonconforming use may be
       extended throughout any part of such building or other structure that was
       lawfully and manifestly designed or arranged for such use on such
       effective date.

            C. Operation of a nonconforming use in such manner as to conflict
       with or to further conflict with, if already conflicting, on the
       effective date of this article (or on the effective date of subsequent
       amendment thereto that results in such use becoming nonconforming), any
       performance standards established for the district in which the use is
       located.

       Sec. 9-269. Restoration or replacement of nonconforming uses.

            Nonconforming activities or structures may be restored or replaced
       subject to the following requirements:

            A. When a nonconforming structure is destroyed or damaged in any
       manner to the extent that the cost of restoration as determined by the
       Building official to its condition before the occurrence shall exceed
       seventy-five percent (75%) of the current replacement cost of the entire
       structure, it shall be restored only if it complies with the requirements
       of this article.

            B.  The cost of land or any factors other than the cost of the
       structure itself are to be excluded in the determination of cost of
       restoration for any nonconforming structure or conforming structure
       devoted to a nonconforming activity.

       Sec. 9-270. Unlawful uses not made lawful.

            Nothing in this article shall be interpreted as authorization for
       or approval of the continuation of the use of a structure or premises in


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       violation of any ordinance in effect at the time of the passage of this
       article.

            The casual, intermittent, temporary or illegal use of land or
       buildings shall not be sufficient to establish the existence of a
       nonconforming use, and the existence of a nonconforming use on a part of
       a lot or tract shall not be construed to establish a nonconforming use
       on the entire lot or tract.

       Sec. 9-271. Effect of changes in district boundaries.

            Whenever the boundaries of a district are changed, any uses of land
       or buildings which become nonconforming as a result of such change shall
       become subject to the provisions of this article.

        Sec. 9-272. Nonconforming mobile homes.

            The Zoning Administrator shall issue a nonconforming use permit to
       all owners of property upon which a mobile home is located on December
       22, 1980, and the following provisions shall apply to such mobile homes:

            A.   No use of the mobile home shall be made other than those
       specified on the nonconforming use permit unless such use shall be in
       conformity with the provisions of the zone in which the property is
       located.

            B. A copy of such nonconforming use permit shall be on file at the
       office of the Zoning Administrator. No permit or license shall be issued
       to any property for which a nonconforming use permit has been issued
       until said permit or license has been approved by the Zoning
       Administrator.

            C. A nonconforming use permit shall not prevent the removal of a
       mobile home in place and occupied as a dwelling at the time of adoption
       of this article and replacement of the mobile home with another mobile
       home, if required to protect the health and safety of the occupant; nor
       shall it prevent additional construction or additions to such mobile home
       provided the same are built in accordance with applicable building codes;
       provided that this provision shall not prohibit the application of
       Section 9-266(E) of this article.

            D. A nonconforming use permit shall not affect the temporary nature
       of any conditional use permit granted prior to the adoption of this
       section for the purpose of locating a mobile home while constructing a
       permanent dwelling, and such mobile home shall be subject to those rules
       and regulations in effect at the adoption of this section.

       Sec. 9-273 through 9-276.   Reserved for future lecrislation.






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                  Division 18. Site Plans and Performance Standards

       Sec. 9-277. Purpose and review of required site -plans.

            For the purposes of assuring public health, safety, and welfare of
       the citizens of New Kent County, good land arrangement and development
       practices, and the development of land in harmony with the comprehensive
       Plan, site plans are required for certain uses specifically designated
       in this article. Site plans for such uses and additions and expansions
       thereto shall be subject to review and approval by the Zoning
       Administrator. (11/29/91)

       Sec. 9-XXX. uses requiring a site plan.

            The following uses shall require a site plan to be prepared and
       submitted to the agent for approval in accordance with this article:

       A.   All permitted uses in the B-1, B-2, M-1 and M-2 zoning districts.

       B.   All uses permitted with a conditional use permit.

       D.   Churches, synagogues and other houses of worship.

       E.   Cluster homes.


       F.   Community centers.

       G.   condominiums.

       H.   Convalescent, nursing or rest homes.

       I.   Golf courses and country clubs.

       J.   Government buildings and facilities.

       K.   Hospitals and medical facilities.

       L.   Libraries.


       M.   Parks and Playgrou nds.

       N.   Public and private schools.

       0.   Public utilities (other than those requiring a conditional use
            permit).

       P.   Yacht clubs.


       Sec.  9-XXX. Fees.


            The fee for site plan review shall be one-hundred dollars ($100).


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       Sec. 9-278. Schematic site plan submittal.

            A.    A schematic site plan may be submitted to the Zoning
       Administrator for a determination as to compliance with the requirements
       of this article.    This step -is designed to encourage an applicant to
       submit informal plans for comment before the expense of final plans is
       incurred.   The schematic plan should be drawn to scale showing the
       existing physical features and the proposed development. The schematic
       plan should as a minimum contain:

            1.   Title of project.

            2.   Name and  address of owner(s).

            3.   Name of   engineer, architect, planner, landscape architect,
                 surveyor  or other preparer of  the plan.

            4.   Location  of site by an insert   map at a  scale of no less than
                 one inch  equals two thousand (2,000) feet.
            5.   Indication of the scale, north arrow, zoning and such
                 information as the names and numbers of adjacent roads, streams
                 and bodies of water, railroads and subdivisions, or other
                 landmarks sufficient to clearly identify the location of the
                 property.

            6.   Boundary survey of the site or a plan drawn to scale.

            7.   All existing and proposed streets and easements, their names,
                 numbers, and width; existing and proposed               utilities,
                 watercourses and their names and owners.

            8.   Location, type and size of all entrances to the site.

            9.   General location of woodlines and general locations       of tree
                 stands.

            10.  A clear  delineation of the following environmental features:

                 a.    Tidal wetlands;
                 b.    Tidal shores;
                 C.    Nontidal wetlands connected by surface flow and contiquous
                       to tidal wetlands or tributary streams;
                 d.    A 100-foot buffer area located adjacent to and landward
                       of the components listed in subsections a through c above,
                       and along both sides of any tributary stream;
                 e.    The site-specific geographic extent of the RPA;
                 f. -                                               -determined by
                    @.Other.sensitive environmental,features as.*
                       the Director of Planning.




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             11.   Provisions for off-street parking, loading spaces and
                   pedestrian walkways; calculations indicating the number of
                   parking spaces required and the number provided.

             12.   A signage plan showing the location of all permanent signs.

             13.   A lighting plan, if applicable, indicating the location and
                   design of each light standard and/or luminaire, and the
                   intensity of the illumination. Such plan shall meet standards
                   set forth in Article XX Lighting.

             14.   Number of floors, floor area, height and location of each
                   building.

             15.   For a multi-family residential development, the number, size
                   and type of dwelling units; location, type and percentage of
                   total acreage of recreation facilities.

             16.   Indigenous vegetation required to be preserved to the maximum
                   extent possible in accordance with Sections 9-64 and 9-469 of
                   this chapter.

             B.    For the purposes of subsection A, wetlands delineations shall
        be performed consistent with the procedures specified in the Federal
        Manual -for Identifying and Delineating Jurisdictional Wetlands, 1989

             C.    The environmental features on the site shall be drawn at the
        same scale as required for the final site plan, and shall be certified
        as complete and accurate by a professional engineer, certified land
        surveyor or landscape architect. Thisrequirement may be waived by the
        Director of Planning when the proposed use or development would result
        in less than 5,000 square feet of disturbed area. (11/29/91)

        Sec. 9-279. Review criteria..

             The Zoning Administrator shall examine and consider site plans with
        respect to:

             A.    Intensity of land use including developable acreage, density
        and adequate provisions of open space and recreational facilities as
        appropriate to the site usage and to the Comprehensive Plan.

             B.    Design and layout of the site including buildings; signs;
        recreational facilities; garbage and trash disposal facilities;
        sedimentation and erosion controls; storm water management, sanitary
        sewer disposal and water supply exit and entrance points on the site
        including approximate line sizes; areas to be'landscaped with approximate
        arrangement and plant types and sizes indicated; and provisions for
        pedestrian and vehicular traffic movements within and adjacent to the
        site.   Particular emphasis shall be placed upon the review of on-site
        aesthetics; public safety features; environmental, historical and
        vegetative preservations; efficient layout of buildings, parking areas,

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       off-street loading and unloading; movement of people, goods and vehicles
       (including emergency vehicles) from access roads, within the site,
       between buildings and vehicles. Vehicular access to the site shall be
       designed to aid overall traffic flow and to permit vehicles a safe
       ingress and egress.

            C.   Des ign standards as contained in this article as they relate
       to traffic circulation, parking, performance standards, location of
       structures, setbacks, yards, bulk, height and building coverage shall
       apply to site plan approval. The design criteria established in the New
       Kent County Subdivision Ordinance and applicable standards of the State
       Depart-ment of Transportation shall apply, where appropriate, to site plan
       approval. (11/29/91)

       Sec. 9-280. Notification of preliminary findincrs.

            The Zoning Administrator shall notify in writing the applicant,
       owner or developer regarding the results of the schematic site plan
       review within thirty (30) -business days of date of submission.
       (11/29/91)

       Sec. 9-281. Final site plan.

            A. Six (6) copies of a    final site plan shall be submitted to the
       Zoning Administrator who shall review the plans for compliance with
       applicable County regulations, the requirements for final site plans and
       any conditions of preliminary approval. The Zoning Administrator shall
       provide a set of all submittals to relevant agencies or departments for
       their review and written comment, including the Virginia Department of
       Transportation, the Soil Conservation Service, and the County Health
       Department. The Zoning Administrator may require additional copies from
       the applicant, if necessary.

            B.   The final detailed plan shall be submitted in separate sheets
       or overlays as appropriate for accurate representation of the project.
       Insufficient submittals may be returned to the applicant with written
       notification of deficiencies from the Zoning Administrator. In addition
       to features required under ï¿½ 9-278, the final plan shall as a minimum
       shall contain:

            1.   Areas to be screened, fenced, walled and/or landscaped, with
                 approximate arrangements, plant types and sizes.

            2.   Existing topography and proposed finished contours.

            3.   All existing and proposed water supply and sanitary waste
                 disposal facilities.

            4.   Provisions for the adequate control of storm water drainage and
                 erosion and sedimentation, indicating all proposed temporary
                 and permanent control measures.


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             5.   Computations notation to include the total site area, and the
                  amount and percentage of the site covered by open space and
                  buildings, or dwelling units for multi-family residential
                  developments.

             C.   Final plans for all lands within RPAs shall include the
       following  additional information:

             1.   The delineation of the Resource Protection Area boundary;

             2.   The delineation of required buffer areas;

             3.   All wetlands permits required by law;


             4.   The delineation of septic tank and reserve drainfield.

             5.   The delineation of any vegetation required to be preserved
                  under Article VI of this Chapter.

             D.   A general sign plan prepared in accordance with the
       requirements of Division 20 of this article.

             E.   The location of fire hydrants and other fire suppression
       systems.

             F.   The Administrator m ay waive any of the site plan submission
       requirements if, in his opinion, the data is not relevant or necessary
       due to the nature of the proposal.    (11/29/91)

       9-282. Action upon aRproval of the final plan.

             A.   Upon successful completion of the final site plan review
       process, the Administrator shall mark said plan as approved and shall
       transmit to the Building official one (1) set of the approved plan. one
       (1) copy of the approved plan shall be transmitted to the developer,
       owner or authorized project agent, and one (1) copy of any correspondence
       and plans shall be retained by the Administrator. Final site plans shall
       be reviewed and approved or disapproved within sixty (60) days after all
       required information is submitted to the Administrator.

             B. Once a site plan has been approved, no development shall occur
       on the parcel which is not in accordance with the approved site plan.

             C.   once development has been completed in accordance with the
       approved site plan, one copy of final as-built drawings shall be supplied
       to the County showing the location of all public improvements and
       utilities.

       Sec. 9-283. Term of validity of final approval.




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            After approval, a final site plan shall be valid for a period of one
       (1) year. If, after one (1) year from the date such plans are approved,
       construction has not commenced on the site, the final approval is revoked
       and the Administrator shall notify the Building Official that approval
       of such plan has terminated.       An applicant may request reapproval
       provided the previous site plan is consistent with all applicable laws
       in effect at the time the reapproval is requested.       All requests for
       reapproval shall be in writing.

       Sec. 9-284. Amendment of final plan.

            Upon application, an approved final plan may be amended by the
       Administrator provided that such proposed amendment does not:

            A.   Alter a recorded plat.

            B.   Conflict with the specific requirements of this article.

            C.   Change the general character or content of an approved
       development plan or use.

            D.   Have an appreciable effect on adjoining or surrounding
       property.

            E.   Result in any substantial change of major external access
       points.

            F.   Increase the approved number of units or height of buildings.

            G.   Decrease the minimum specified yards and open spaces or minimum
       or maximum specified parking and loading spaces.

       Sec. 9-285. Appeal from decision of Administrator.

            Any decision made by the Administrator relating to site plan
       standards may be appealed to the planning Commission by the Applicant.
       All requests for appeal shall be in writing and shall be filed within
       thirty (30) days of the date of notification of the decision.

       Sec. 9-286 through 9-295. Reserved for future legislation.













                                          18C










              Division 19. Off-Street ParNing, Driveways and Loading Areas.

        sec. 9-296. General provisions.

              A. No zoning permit or certif icate of occupancy shall be issued for
        any structure which does not comply with the requirements of this
        division provided, however, that structures already in use or which have
        already received approval are exempted if:

              1.    Exempted buildings remain in continuous use and at no time
                    remain vacant or unused for a continuous period of two (2)
                    years.

              2.    No parking lot for any exempted property is enlarged or
                    materially altered. In the event an existing parking lot is
                    to be enlarged or materially altered, the existing parking area
                    as well as the new parking area shall be brought into
                    conformance with this division.            For purposes of this
                    paragraph,     "enlarged or materially altered" shall mean
                    expansion or change in the parking lot which either increases
                    the number of parking spaces by more than fifteen percent (15%)
                    or reduces the landscaped areas by more than fifteen percent
                    (15%).    Nothing herein is intended to prohibit paving or
                    surfacing of parking lots, the installation of curbs or bumpers
                    or other improvements which do not affect the number of spaces,
                    the areas of the site dedicated to landscaped open space, or
                    the drainage of the parking area or site.

              B. Required off-street parking spaces shall be located on the same
        lot as the structure or use to which they are necessary or on a lot
        adjacent thereto, not separated by any street, which has the same zoning
        classification and is in common ownership or under lease for a period of
        at least ten (10) years.

              C.    The off-street parking requirements for two (2) or more
        neighboring uses of the same or different types may be satisfied by the
        allocation of the required number of parking spaces for each in a common
        parking facility provided that the number of off-street parking spaces
        is not less than the sum of the individual requirements and provided
        further that there be compliance with all other provisions of this
        division. Upon the submission of operation schedules, a reduction in the
        number of parking spaces can be made by the Zoning Administrator, if it
        can be clearly demonstrated that the peak utilization of the parking
        facility by the users of the parking facility occurs at different times
        of the day.

              D. off-street parking spaces shall be used solely for the parking
        of vehicles in operating condition for patrons, occupants or employees
        of the use to which such parking is accessory.           Permanent storage of
        vehicles shall not be allowed. Storage of vehicles for sale shall not
        be allowed.



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            E.    Parking areas required by this section are intended to
       accommodate the off-street parking needs of the customers and employees
       of commercial, institutional, *industrial and residential uses. They are
       specifically intended to eliminate the need for parking along adjoining
       streets and roads.       As such, all required parking areas shall be
       generally accessible to the customers and employees they are designed to
       serve.


        Sec. 9-297. General design criteria for off-street parking areas.

            In addition to any other requirements of this article, off-street
       parking areas shall be designed and operated in accordance with the
       following regulations:

            A.    Access:

                  Access points from any one lot crossing the right-of-way line
                  shall be limited to a maximum of two (2) along the frontage on
                  any single street.     The center lines of any separate access
                  points shall be spaced at least sixty-five (65) feet apart,
                  shall be at least twelve and one-half (12-1/2) feet from any
                  side property line, shall be set back from the street line of
                  any intersecting street at least fifty (50) feet or one-half
                  (1/2) a lot frontage, whichever is greater, except that in no
                  case may the setback distance exceed 200 feet. Continuous open
                  driveways for nonresidential uses shall not exceed thirty-six
                  (36) feet  in width at the street line.      All access openings
                  shall be   in accordance with and approved by the Virginia
                  Department of Transportation.

            B.    Driveways

                  1.   major driveways providing access to exit points from the
                       site, those driveways providing connections between
                       entrance driveways and parking bays and any other
                       driveways which play an integral role in the circulation
                       of traf f ic on the site as determined by the Administrator,
                       shall not be designed to share a concurrent role as an
                       aisle for parking spaces.        Major driveways within a
                       parking area shall have lanes which are twelve (12) feet
                       in width.

                  2.   Sight clearance areas shall be maintained at the
                       intersection of rights-of-way and driveways and the
                       intersection of driveways with themselves. No grading         '
                       planting, fences or signs in excess of three (3) feet in
                       height shall be erected or maintained in this-clearance
                       area except street 'sicjns?'-_fiire fiydrainits''        light
                       standards.

                  3.   Driveways shall not have a grade of more than f ive (5)
                       percent for the first twenty-five (25) feet from the

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                        street.    Additionally, driveways shall not be located
                        where visibility is limited because of road alignment or
                        topography.

                   4.   Fire lanes shall be provided as required by the Fire
                        Marshal.


             C.    Parking area dimensions:

                   Parking spaces shall have an area not less than 162 square feet
        and dimensions of at least nine (9) feet wide by eighteen (18) feet long.

                   All off-street parking shall conform to the following widths:

                                               Bay Widths--          Bay Width-- :
        Parking Angle         Aisles           Parking Both          Parking One Side
          (Degrees)           (Feet)-          Sides (Feet)          (Feet

             90               24                  60                       42
             60               18                  60                       39


             45               13                  53                       33
             30               12                  47                       29


             D.    Sidewalk required:

                   A private walk shall be provided adjacent to a business or
                   industrial building and shall be not less than four (4) feet
                   in width.    Vehicles are not permitted to overhang any walk
                   unless the walk is six and one half ( 6-1/2) feet wide. Walks
                   shall be separated from off-street parking, loading and service
                   areas by curbing or-other protective devices.

             E.    surfacing requirements:

                   Parking lots for use by customers in excess of fifty (5-G+
                   twenty-five (25) spaces shall be surfaced with asphalt or
                   concrete or tar and gravel. Parking lots with less than fifty
                   +-'--E+ twenty-five (25) spaces shall be dust-free.        Adequate
                   drainage shall be provided for the removal of storm water and
                   a drainage plan shall be submitted and approved by the Director
                   of Public Works.


             F.    Lighting:

                   Lighting shall be provided in accordance with the standards of
                   Section 9-64 (8) and (11).

             G.    Handicapped Parkin

                   1.   Where parking lots are provided, designated parking spaces
                        for handicapped shall be required as follows:

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       Total Number of Parking                                   Reserved for
             Spaces  in the Lot                               Handicapped



                Up   to 25                                             1
                26   to 50                                             2
                51   to 75                                             3
                76   to 100                                            4
               101   to 150                                            5
               151   to 200                                            6
               201   to 300                                            7
               301   to 400                                            8
               401   to 500                                            9
               501  to 1,000                                     2%   of total
                over 1,000                             20 + 1 for each 100 over 1,000

                   2.    All such spaces shall be designed and          constructed in
                         accordance with the requirements of the        Americans with
                         Disabilities Act of 1990.

             H.    Parking spaces beyond minimum requirements:


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                  In addition to the minimum number of parking spaces that are
                  required by this division to be provided on site, the developer
                  may provide an additional ten percent (10%) above and beyond
                  the minimum amount of parking so required.           The Zoning
                  Administrator may permit parking beyond this limit if after the
                  facility is in operation it is clearly demonstrated by the
                  owner that additional parking space is required.

             I.   Landscaping:

                  Parking areas shall be arranged for functional efficiency and
                  convenience and shall be designed to be amenable to surrounding
                  property. Parking areas containing more than ten (10) parking
                  spaces shall comply with the following:

                  1.    Parking areas shall be separated from the street right-of-
                        way and property lines by a landscaped strip at least ten
                        (10) feet in width.    The required strip along side and
                        rear lot lines shall be five (5) feet wide
                        Ingress and egress shall be provided through driveway openings only.
                        In the event a joint parking lot is proposed, the required
                        landscaped strip along the common property line may be
                        waived.

                  2.    The parking area shall be constructed so that spaces are
                        grouped into bays. At the end of each bay, a landscaped
                        island of at least five (5) feet in width shall be built to
				separate the bays from each other or from traffic lanes.

                  3.    "Landscaped area", "landscaped setback", "landscaped
                        strip", "landscaped island", or "perimeter open space" as
                        herein used are defined as areas containing any
                        combination of shrubs, trees, flowers, and grass.      Such
                        areas shall be shown on the site plan or a separate
                        landscaping plan for the site which shows the size and
                        type of existing trees, trees to be removed and new trees,
                        shrubs, flowers, or grass to be planted. Existing trees
                        and natural vegetation shall be retained wherever possible
                        particularly where they border adjacent property.       All
                        landscaped acres contiguous to parking bays shall be
                        protected from intrusion by vehicles by curbs or bumpers.

       Sec. 9-298. Minimum off-street parking requirements. -

             There shall be provided at the time of erection of any main building
       or at the time any main building is enlarged, minimum off-street parking

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       with adequate provisions for entrance and exit         by vehicles normally
       serving the premises as follows:

       USE:                  MINIMUM PARKING SPACE REQUIREMENTS:

       Airport               One (1) space per employee plus one (1) space f or
                             each vehicle used in connection with the facility
                             plus suf f'icient space to accommodate the largest
                             number of vehicles that may be expected at any time,
                             but not less than one (1) f or every two (2) hangars
                             or tie-down spaces located at the facility.

       Automobile sales,
       rental and service
       establishment         One (1) space per five hundred (500) square feet of
                             enclosed sales/rental floor area plus one (1) space
                             per twenty-five (25) sales/rental lot area plus two
                             (2) spaces per service bay plus one (1) space per
                             employee but never less than five (5) spaces total.

       Bank                  One (1) space per two hundred fifty (250) square
       Bank with             feet of gross floor area.
       drive-in window       One (1) space per two hundred fifty (250) square
                             feet of gross floor area plus sufficient area for
                             eight (8) stacking spaces for each additional
                             window.

       Boarding or
       rooming house         One (1) space for- each rental unit plus one (1)
                             additional space for the owner or manager.

       Bowling Lanes         At least four (4) spaces for each bowling lane; if
                             additional facilities such as a bar or restaurant
                             are provided, additional parking spaces shall be
                             provided in accordance with the requirements for
                             similar uses set forth in this section.

       Car wash              Four (4) spaces per bay/stall plus one (1) space per
                             employee for self-service establishments or one (1)
                             space per employee plus sufficient area for ten (10)
                             stacking places per bay/stall for an          automated
                             establishment.
       Church/place
       of worship            One (1) space per f our (4) seats in the      principal
                             place of worship, provided that the number    of spaces
                             that are -required --may be reduced by not    more than
                             f ifty percent (50%) if the place of worship is
                             located within three hundred (300) feet of any
                             public parking lot or any commercial parkIng lot
                             where sufficient spaces are available by permission

                                            186











                            of the owner without charge during the time of
                            service to make up the additional spaces required.

        Commercial, personal
        service establishment
        or retail store     At least one (1) space for each two hundred (200)
                            square f eet of gross f loor area f or the f irst one
                            thousand (1,000) square feet plus six (6) spaces for
                            each additional one thousand  (1,000) square feet.

        Day care facility/
        nursery school      Two (2) spaces for each three (3) employees plus a
                            sufficient number of spaces to accommodate all
                            persons who may be at the establishment at any one
                            time under normal operating conditions.

        Funeral home        Ten (10) parking spaces plus one (1) space for each
                            fifty (50) square feet of floor space.
        Furniture/
        carpet store        One (1) space per five hundred (500) square feet of
                            gross floor area.

        Garden center/nursery/
        landscane business  Six (6) spaces per one thousand (1,000) square feet
                            of gross floor Area of buildings plus one (1) space
                            per one thousand (1,000) square feet of outdoor
                            storage, sale or display area.

        Golf course or club Eight (8) parking spaces for each tee.

        Hospital            Two (2) parking spaces for each patient bed.

        Indoor tennis/
        racket ball/
        squash or handball
        courts              Four (4) parking spaces per court.

        Industrial or
        manufacturing
        establishment       At least one (1) parking space for each employee on
                            the maximum work shift and one (1) additional space
                            for each vehicle used directly in the conduct of the
                            enterprise.

        Laboratory/
        research use        One (1) parking space for every three hundred (300)
                            square feet of floor area-.

        Medical/dental
        practitioner's



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      office               At least five (5) spaces for each professional
                           person occupying or using each of f ice plus one (1)
                           additional space for each employee.

      Motel, hotel,
      auto court/motor lodge
      or tourist court     At least one (1) space f or each guest or sleeping
                           room plus one (1) space for each employee plus
                           compliance with the requirements for each particular
                           additional use located on the premises such as
                           restaurants, retail stores and assembly halls.

      Multiple family
      dwelling             At least two (2) spaces per dwelling unit.

      Museum/exhibition
      hall/art gallery/
      library or other
      cultural facility    one (1) space for each one and a half (1-1/2)
                           persons of rated occupancy.

      Nursing home         one (1) space for each two (2) beds.

      Office/business
      other than medical
      and dental           At least one (1) space for each two hundred (200)
                           square feet of gross floor area.

      Private club or hall/
      publicly owned or
      operated building
      or use/community
      building/social hall/
      and places of public
      assembly             one (1) space for each one hundred (100) square feet
                           of gross floor area.

      Residential dwelling
      unit                 At least two (2) spaces per dwelling unit.

      Restaurant/bar or
      tavern               At least one (1) space for every three (3)  seats or
                           one (1) space for every three (9@ two (2) persons of
                           rated building capacity, whichever is greater, but
                           in all cases a sufficient number of spaces to
                           prevent obstruction of driveways, fire lanes and
                           aisles; drive-in facilities shall also provide a
                           stacking: lane which shall accommodate at least six
                           (6) vehicles.




                                         188













        Retail with
        gasoline dispensing
        facilities            One (1) parking space for every one hundred fifty
                              (150) square feet of gross floor space; such spaces
                              shall be separated by the driveway and general apron
                              areas which give access to the gasoline and air
                              pumps and. any service areas; no designated parking
                              space shall obstruct access to these facilities; all
                              parking spaces shall be located between the retail
                              facility and the gasoline dispensing pumps.

        Service stations      At least six (6) spaces for the first lift, wheel
                              alignment pit or similar work area plus three (3)
                              spaces for each additional work area; such spaces
                              shall be separated from the driveway and general
                              apron areas which give access to the gasoline and
                              air pumps and service areas; no designated parking
        Shopping center:      space shall obstruct access to these areas.

        10,000 to 25,000 s.f.
        of gross leasable area     Five (5) parking spaces per one thousand
                                   (1,000) square feet.

        25,000 to 400,000 s.f.
        o-f gross-area             Four (4) parking spaces per one thousand
                                   (1,000) square feet.

        400,000 to 600,000 s.f.
        of gross leasable          Four and one-half (4.5) parking spaces per one
                                   thousand (1,000) square feet.

        Over 600,000 s.f.
        of gross leasable area     Five (5) parking spaces per one thousand
                                   (1,000) square feet.

        Stadium/ball parks/
        other outdoor sports
        arenas                     At least one (1) space for each four (4) seats.

        Swimming pool/
        commercial or community    One (1) space for each four (4) persons
                                   lawfully permitted in the pool at one time.

        Theaters, auditoriums or
        indoor sports arenas       One. (1) - space for . each four (4) seats or
                                   similar vantage accommodations provided





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       Wholesale/
       trade and warehousing
       establishments            One (1) space for every one thousand (1, ooo)
                                  square feet of gross floor area.

       Sec. 9-299. Reduction of off-street parking-spaces prohibited.

            No off-street parking area shall be reduced in size or encroached
       upon by buildings, vehicular storage, loading or unloading or any other
       use if such reduction or encroachment will reduce the off-street parking
       and/or loading spaces below that are required by this division.

       Sec. 9-300.   Exemptions.

            In the   case of residential dwellings, no parking area shall be
       required for  less than three spaces unless adequate on-street parking in
       front of the  site does not exist.

       Sec. 9-301.   Off-street loading areas.

            The following off-street loading    requirements shall be applied to
       the corresponding uses:

                USE              MINIMUM LOADING SPACE REQUIREMENTS

       Retail, commercial
       wholesaling,
       manufacturing and
       industrial uses:

        3,000 sq.  feet to
       13,000 sq.  feet                          1

       15,000 sq.  feet to
       30,000 sq.  feet                          2

       30,000 sq.  feet to
       50,000 sq.  feet                          3

       50,000 sq.  feet to
        75,000 sq. feet                          4

       for every 100,000 sq.                     1 additional
       feet or fraction thereof                    loading space

       Hotels and offices                        1 for every 100,000
                                                   square feet of
                                                   floor area

            A. Size of each loading space.



                                           190











            Each loading space shall be no less than twelve (12) f eet in width,
       fifty (50) feet in length and fourteen (14) feet in height and may not
       be located in the front yard setback. Such space shall be screened from
       view.

       Sec. 9-302 through 9-306. Reserved for future legislation.













































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                                              192                                                                                                                                          
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        Sec. 9-XXX.                Division XX. Lighting.

              All parking areas., walkways, and driveways servicing commercial,
        public, office, industrial, apartment, condominium or other similar uses
        shall be adequately illuminated for security and safety purposes.
        Lighting in and around parking and loading areas shall provide for the
        following:

              A.   Non-glare, color-corrected lights focused downward;

              B.   light intensity at ground level shall conform to standards
                   established by the Illuminating Engineering society of North
                   America (IES) as set forth in the RP-20 Lighting,for Parking
                  -Facilities publication, and referenced in Table I'.

              C.   luminaires shall be mounted at a height of not less than
                   @Wenty-five (25) feet or the height of the building whichever
                   is less, measured from the ground level to the center line of
                   the light source;

              D.   light standards shall be spaced at a distance not to exceed
                   five (5) times the mounting height;

              E.   no light shall shine into windows or onto streets and driveways
                   in such a manner as to interfere or to obstruct driver vision;
                   and,

              F.   light intensity, shielding, and similar characteristics shall
                   be subject to development plan review.

        Sec.  9-XXX. Types of Parking Areas.

              Parking areas shall be classified as open or covered and they shall
        be regulated per the following:

              A.   The use intensity of parking areas shall be classified as the
                   following and regulated accordingly:

                   1. High:         Xajor league athletic events
                                    Xajor cultural or civic events
                                    Regional shopping centers
                                    Past food facilities




                     Table 1 references the standards in effect as of the
                     adoption date of this ordinance and is provided for the
                     convenience of the user only. The user is required to
                     include the most up to date lighting standards when
                     submitting a lighting plan for review.

                                              193










                 2. Medium:     Community shopping centers
                                cultural, civic or recreational events
                                Office Parks
                                Hospital Parking
                                Transportation parking
                                Residential complex parking

                 3.   Low:      Neighborhood shopping
                                Industrial employee parking
                                Educational facility parking
                                Church Parking

                 If the level of activity involves a large number of vehicles
           at night, the examples provided for low and medium levels of
           activity belong in the next higher level.

           B.    In multilevel covered parking structures  the illumination of
                 the top level, if open to the sky, is the same for an open
                 parking lot.
































                                         194

















                                                                                                Table I
                                                                           Recominended Kaintaified Horizontal Illuminance
                                                                                                   for
                                                                                          Parking Facilities


                                                         Open General Parking and Pedestrian Areas                                  Open Vehicle Use Areas Only
                         Activity                      Lux              Footcandles'            Uniformity                 Lux                Footcandles            Uniformity
                          Level                     (Min. on         (Min. on Pavement)           Ratio           (Ave. on pavement)      (Ave. on Pavement)           Ratio
                                                   pavement)                                    (Ave/Min)                                                            (Ave/Min)

                           High                        10                    0.9                    4:1                    22                      2                    3:1
                          Medium                       6                     0.6                    4:1                    11                      1                    3:1
                           Low                         2                     0.2                    4:1                    5                     0.5                    4:1

                                                                                  Covered  Parking Facilities

                                                                  Day                                         Night
                                                                                                                                                     Uniformity Ratio
                          Areas                        Lux              Footcandles                 Lux               Footcandles                   (Average / Minimum)
                                                    (Ave. an         (Ave. on Pavement)          (Ave. on         (Ave. on Pavement)
                                                  pavement )3                                   pavement)

                     General Parking
                           and                         54                      5                    54                     5                                 4:1
                    Pedestrian Areas
                     Ramps & Corners                   100                    10                    54                     5                                 4:1
                      ntrance Areas          1                                50                    54          1          5                                 4:1
                         Stairways                                                                    Range of   Illuminances
                                                                         100-150-200                                                          10-15-20






                         2        This recommendation is based on the requirement to maintain security at any time
                                  in areas Where there is a 1OW level of nighttime activity.

                         3
                                             1









                                  Sum of electric lighting and daylight







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          					     Division 20.   Signs.

                

                                                     197
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            3.   SIGN, 1PEMP9PQNR-Y.
                 A sign applying te a seasonal er ether briefm aetivity sueh as,
                 but net-llvalted te, summer eemps, herse shows, auetlens er saie
                 e f 1 and. Temperary signs shall eenferm In stee and type te
                 diL-eetlena! signs.

      Section 9-307. Definitions.

            For the purposes of this  article the following words and terms shall
      have  the meanings respectively ascribed to them by this section:

      1.    SIGN.   Any object, device, display or structure or part thereof
            situated outdoors or indoors which is used to advertise, identify,
            display, direct or attract attention to an object, person,
            institution, organization, business, product, service, event or
            location by any means including words, letters, figures, design,
            symbols, fixtures, colors, illumination or projected images.

      2.    SIGN AREA.   The entire face of a sign including the advertising
            surface and any framing trim or molding but not including the
            supporting structure.

      3.    SIGN, BUSINESS.   A sign which directs attention to a business or
            profession conducted or to a commodity or service sold, offered or
            manufactured or to an entertainment offered on the premises where
            the sign is located.

      4.    SIGN, CHURCH. A sign which identifies a religious institution or
            organization on the premises of which it is located and which
            contains the name of the institution or organization, the names of
            any individuals connected with it and general announcements of
            events or activities occurring at the institution or similar
            messages.

      5.    SIGN, CONSTRUCTION. A temporary sign or placard on the premises on
            which construction is taking place, during the period of such
            construction, indicating the names of the architects, engineers,
            landscape architects, contractors or similar artisans and the
            owners, financial supporters, sponsors and similar individuals or
            firms having a role or interest with respect to the structure or
            project.

      6.    SIGN, DIRECTIONAL, ON SITE. Signs limited to directional messages
            principally for pedestrian or vehicular traffic such as one-way
            entrance and exit.

      7.    SIGN, DIRECTIONAL, OFF SITE. A sign directing attention to premises
            other than the premises. where. the sign is locatedwith its. content
            limited to name, use, street, distance to and directional arrow.

      8.    SIGN, FACADE. A sign fastened to or painted on the wall or building
            structure in such a manner that the wall becomes the supporting

                                           198











             structure for or forms the background surface of the sign and which
             does not project more than twelve (12) inches from the building or
             structure, and which does not project above the height of the wall.

        9.   SIGN, FREE STANDING. Any sign supported by structures or supports
             that are placed on, or anchored in, the ground and that are
             independent from any building or other structure.

        10.  SIGN HEIGHT. The distance from the bass of the sign at the normal
             grade to the top of the highest point of the sign or sign structure,
             the normal grade being the lower of (1) existing grade prior to
             construction or (2) the newly established grade after construction
             exclusive of any filling, berming, mounding, or excavating solely
             for the purpose of locating the sign.

        11.  SIGN, HOME OCCUPATION. A sign containing the name and/or occupation
             of a permitted home occupation and telephone number on premises.

        12.  SIGN, ILLUMINATED EXTERNALLY.      A sign which does not produce
             artificial light from within itself but which is opaque and
             backlighted or illuminated by flood lights or spot lights not a part
             of or attached to the sign itself.

        13.  SIGN, ILLUMINATED INTERNALLY.     Any sign designed to give forth
             artificial light or designed to reflect light from one or more
             sources of artificial light attached to and a part of the sign
             itself.

        14.  SIGN, POLITICAL.     A temporary sign announcing or supporting
             political candidates or issued in connection with any national,
             state or local election.

        15.  SIGN, PRESTIGE IDENTIFICATION. A sign identifying the entrance to
             a subdivision, farm estate or other facility, which is a permitted
             principal use in the zoning district, including commercial or
             industrial f acilities.   This sign shall provide the name of the
             subdivision, farm, estate or other facility only and shall be
             surrounded by special landscaping treatment.

        16.  SIGN, PRIVATE SALE OR EVENT. A temporary sign advertising private
             sales of personal property such as house sales,, garage sales..
             rummage sales, and the like or private, not for profit events such
             as picnics, carnivals, bazaars, game nights, art fairs, craft shows
             and Christmas tree sales.

        17.  SIGN, REAL ESTATE RESIDENTIAL. A sign pertaining to the sale or
             lease of residential premises or a portion of the premises on which
             the sign is located.

        18.  SIGNr REAL ESTATE OFF SITE.   A sign pertaining to the sale or lease
             of real property other than the premises on which the sign is
             located.


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       19.  SIGN, REAL ESTATE NON-RESIDENTIAL. A sign pertaining to the sale
            or lease of business premises or a portion of the business premises
            on which the sign is located.

       20.  SIGN, SHOPPING CENTER -- ON SITE.      A sign located on the same
            premises as a shopping center which directs attention to the
            shopping center or to businesses conducted therein.

       21.  SIGN, TEMPORARY. A sign or advertising display, including portable
            signs, constructed of cloth, canvas, fabric, plywood, sheet metal
            or other material and designed or intended to be displayed for a
            short period of time.

       Section 9-308. Permitted signs.

            in addition to those requirements contained elsewhere in the
       ordinance, the following sign regulations shall apply:

            A.    Not more than one (1) freestanding sign shall be permitted for
                  each side of a parcel with frontage on a street.

            B.    Not more than one facade sign per establishment shall be
                  permitted for each side of a parcel with frontage on a street.

            C.    one prestige identification sign shall be permitted for each
                  entrance into the subdivision, estate, or facility.

            D.    Signs permanently af fixed to motor vehicle fuel pumping islands
                  shall be limited to a total of thirty square feet per side of
                  island, exclusive'of signs affixed to the  canopy.

            E.    No sign attached to a building shall extend over or above the
                  ridge line of any roof or the top of any parapet wall of a
                  building.

            F.    No sign shall be attached to trees, utility poles or other
                  supporting structures unauthorized by the County.

            G.    All signs located within six hundred and sixty (660) feet of
                  the nearest edge of the right-of-way of any interstate or
                  federal aid primary highway shall be subject to the provisions
                  of Chapter 7, Section 33.1-351 at seq. of the Code of Virginia,
                  (1950, as amended), entitled "Outdoor Advertising in Sight of
                  Public Highways", if such standards are more restrictive than
                  local ordinances.

            H.    No signs other than an official traffic sign approved and/or
                  installed by the Virginia Department of Transportation shall
                  be located within any public right-of-way line or property
                  line.




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                   Flags, banners, streamers and all other fluttering, spinning
                   or similar type signs and advertising devices are prohibited
                   except for national flags and flags of political subdivisions
                   of the United States, flags of bona fide civic, charitable,
                   fraternal, and welfare organizations, and f lags of corporations
                   provided that during nationally recognized holiday periods or
                   during a special civic event flags, bannersj, streamers and
                   other fluttering, spinning or similar type advertising devices
                   pertaining to said periods or events may be displayed. Flags,
                   banners and streamers and similar advertising devices used for
                   a promotional campaign shall be allowed for a period not to
                   exceed thirty (30) days per twelve (12) month period.

             J.    Flashing signs or exposed gas-f illed or illuminated tubing such
                   as neon are not permitted for exterior use.

             K.    No sign shall be constructed, erected, used, operated or
                   maintained which displays intermittent lights resembling or
                   seeming to resemble the flashing lights customarily associated
                   with danger or such as are customarily used by police, fire or
                   ambulance vehicles or for navigation purposes.

             L.    No sign shall be constructed, erected, used, operated or
                   maintained which is so located and so illuminated as to provide
                   a background of colored lights blending with traf f ic signal
                   lights to the extent of confusing a motorist when viewed from
                   normal approaching positions of a vehicle at a distance of
                   twenty-five (25) to three hundred (300) feet.

             M.    All signs shall be maintained in good condition and appearance.
                   After due notice has been given, the Zoning Administrator may
                   cause to be removed any sign which shows gross neglect or
                   becomes dilapidated or unnecessary due to abandonment of the
                   use.


             N.    The only sign which shall be permitted in conjunction with a
                   home occupation, either on or off the site, is a home
                   occupation sign as defined.

             0.    Signs permitted within New Kent County shall only be permitted
                   in the districts specified in Table 1.











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                                                                                              Table I
                                                                                           Signs Permitted
                                                                                        By Zoning District
                             F--Type of Sign                      C-1     A-1     R-R      R-0     R-OA    R-A      R-IA     141113   B-1     B-2
                                                           -11                                                           -1                1        1 M-1-T M-2

                               Business Sign                      Yes     Yes     No       No      No      No       No       No       Yes     Yes      Yes     Yes

                               Construction Sign                  Yes     Yes     Yes      Yes     Yes     Yes      Yes      Yes      Yes     Yes      Yes     Yes
                               On-Site Directional Sign           Yes     Yes     Yes      Yes     Yes     Yes      Yes      Yes      Yes     Yes      Yes I   Yes

                               Off-Site Directional Sign          Yes     Yes     No       No      No      No       No       No       Yes     Yes      Yes     Yes

                               Facade Sign                        No      Yes     No       No      No      No       No       No       Yes     Yes      Yes     Yes

                               Home Occupation Sign               No      Yes     Yes      Yes     Yes     Yes      Yes      No       No      No       No      No

                               External III mination              Yes     Yes     No       No      No      No       No       No       Yes     Yes      Yes     Yes

                               Internal III mination              No      No      No       No      No      No       No       No       Yes     Yes      Yes     Yes

                               Political Sign                     Yes     Yes     Yes      Yes     Yes     Yes      Yes      Yes      Yes     Yes      Yes     Yes

                              -Portable Sign                      No      Yes     No       No      No      No       No       No       Yes     Yes      Yes     Yes

                               Pre 3tige Identification Sign      No      No      Yes      Yes     Yes     Yes      Yes      Yes      Yes     Yes      Yes     Yes

                               Private Sale/Event Sign            Yes     Yes     Yes      Yes     Yes     Yes      Yes      Yes      Yes     Yes      Yes     Yes

                               Real Estate/Restricted             Yes     Yes     Yes      Yes     Yes     Yes      Yes      Yes      Yes     Yes      Yes     Yes

                               Real Estate/off-Prernises          No      Yes     No       No      No      No       No       No       Yes     Yes      Yes     Yes
                               Other Real Estate'                 Yes     Yes     Yes      Yes     Yes     Yes      Yes      Yes      Yes     Yes      Yes     Yes

                               Shopping Center Sign               No      No      No       No      No      No       No       No       es      Yes      Yes     Yes

                               Temporary Sign                     Yes     Yes ,   No       No      No      No       No       No       Yes     Yes ,    Yes     Yes


                               1.       This sign classification is only permitted within the district in which     the business premises  are located.




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                 Sec. 9-309. Sicm Area and Heicrht Limitations.

                 A.   The following area and height limitations shall apply
                 regardless of zoning district:

                     1.    Home occupation Sign. Such signs shall not exceed
                           two (2) square feet in area and four (4) feet in
                           height.

                     2.    Off-Site Directional Sicm. Such signs shall not
                           ?xceed 32 square feet in area and eight (8) feet
                           in height.

                     3.    On-Site Directional Sicrn.   Such signs shall not
                           exceed four (4) square feet in area and 4 feet in
                           height.

                     4.    Portable Sign.    Such signs shall not exceed 32
                           square feet in area and eight (a) feet in height.

                     5.    Prestige identification sicm.    Such signs shall
                           not exceed 64 square feet in   area and eight (8)
                           feet in height.

                     6.    Private SalesZEvent Sign.    Such signs shall not
                           exceed 16 square feet in area and four (4) feet in
                           height.

                     7.    Real Estate Sicrn/other.    Such signs shall not
                           exceed 32 square feet in area and eight (8) feet
                           in height.

                     a.    Real Estate  Sign/off-Premises. such signs shall
                           not exceed 32 square f set in area and eight (8)
                           feet in height.

                     9.    Real Estate SiSAZRestricted. Such signs shall not
                           exceed two (2) square f set in area and four (4)
                           feet in height.

                     10.   Temporary Sign.   Such signs shall not exceed 32
                           square feet in area and eight (8) feet in height.

                 B.   The provisions of See. 9-308.A. notwithstanding, the
                 following area and height limitations shall apply to the
                 various zoning districts:

                     1.    C-1. No sign shall exceed 32 square feet in area
                           and eight (a) feet in height.

                     2.    A-1. No sign shall exceed 32 square feet in area
                           and eight (8) feet in height.











                    3.    R-R, R-O, R-OA, R-A, R-IA. No sign shall exceed
                          32 square f eet in area and eight (8) feet in
                          height.

                    4.    MHP. No sign shall exceed 32 square feet in area
                          and eight (a) feet in height.

                    5.    B-1. No sign shall exceed 100 square feet and 25
                          feet  in height.

                    6.    B-2. No sign shall exceed 150 square feet and 25
                          feet  in height.

                    7.    M-1. No sign shall exceed 150 square feet and 25
                          feet  in height.

                    S.    M-2. No sign shall exceed 200 square fee   t and 30
                          feet  in height.

               C.    The following shall apply to all churches and schools
               regardless of the zoning district in which they are located:

                    1.    Churches. one sign not to exceed 48 square feet
                          in area and eight (8) feet in height.            One
                          additional sign not   to exceed 12 square feet in
                          area and f ive feet   in height is permitted for
                          child care centers,   schools, other buildings or
                          uses, or changeable    copy message boards all of
                          which are directly associated with the church and
                          located on the same premises.

                    2.    Schools. One sign not to exceed 48 square feet in
                          area and eight (a) feet in height.

               Section 9-310. Exemptions.

                     The following signs are exempted from the provisions of
               these regulations:

                     A.   official traffic signs or sign structure or
                          provisional warning signs or sign structures when
                          erected   or required to be erected by a
                          governmental    agency,    and   temporary     signs
                          indicating danger.

                     B.   Changing of the copy of a bulletin board, poster
                          board, display encasement or marquee.

                     C.   Temporary non-illuminated signs not more than
                          twenty (20) square feet in area,        erected in
                          connection   with   new   construction work      and
                          displayed on the premises during such   time as the

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                            actual construction work is in progress, one (1)
                            such sign for each street frontage.

                      D.    Non-illuminated signs not exceeding ten (1o)
                            square f set in area vith letters not exceeding one
                            (1) square f oot as part of an awning, canopy,
                            roller curtain or umbrella.

                      E.    Non-illuminated signs warning trespassers or
                            announcing property is posted. Such signs shall
                            not exceed four (4) square feet in area.

                      F.    Signs on a truck, bus, or other vehicle while in
                            use in the course of normal business; however,
                            this shall not be interpreted as permitting
                            parking, f or display purposes, of a vehicle to
                            which signs are attached in a district where such
                            signs are not permitted.

                      G.    Temporary    non-illuminated     or     indirectly
                            illuminated signs giving.notice of public, semi-
                            public or civic events, including public meetings,
                            political campaigns and elections. All such signs
                            shall be removed within thirty (30) days following
                            such eventf public meeting, political campaign, or
                            election.

                      H.    Demonstrations or promotions for nonpartisan civic
                            purposes.

                      1.    Signs indicating support of individuals or
                            political parties during the course of a campaign
                            for elected office. Such signs shall be less than
                            fifteen (15) square feet in area. All such signs@
                            shall be removed within thirty (30) after the
                            election.

                      J.    Area and height limitations shall not apply to
                            facade signs.

                      K.    Temporary signs not exceeding six (6) square feet
                            in area and four f set in height in use for a
                            period not to exceed 30 days.

                      L.    Externally illuminated prestige identification
                            signs located in residential zoning districts.

                 Section 9-311. Permits.

                      The following regulations apply generally to all signs
                 and are in addition to the regulations contained elsewhere
                 in this article:             205











                      A.   Permit recruired.-    No sign,, unless hereinafter
                           excepted,    shall    be    erected,     constructed,
                           structurally altered or relocated until a zoning
                           permit    has    been   issued    by    the    Zoning
                           Administrator. Before any such zoning permit is
                           issued, an application shall be filed with the
                           zoning Administrator together with three (3) sets
                           of drawings or specifications, one (1) of which
                           shall be returned to the applicant. Such drawings
                           and specifications shall advise and acquaint the
                           zoning administrator fully with the location in
                           relation to adjacent buildings, construction
                           materials, manner of illuminating or securing or
                           fastening, number of signs applied for, and the
                           wording of the sign or advertisement to be carried
                           on the sign.      Realty signs permitted by this
                           division are exempted from the requirements of
                           this paragraph.

                      B.   Other permits.    All applicants shall obtain all
                           necessary building permits or other required
                           approvals prior to the erection of any sign.

                      C.   Rermit time limit. All signs shall be erected on
                           or before the expiration of one (1) year from the
                           date of issuance of the zoning permit; otherwise,
                           the permit shall become null and void and a new
                           permit shall be required.

                Section 9-312. Nonconformincr signs.

                      Any sign lawfully existing on the effective date of
                this division and not conforming to the terms of this
                division is hereby declared a nonconforming sign and may not
                be structurally altered or replaced unless such sign
                conforms to the requirements of this division.         Upon the
                cessation or termination of a particular use on a parcel of
                real property, the owner thereof shall within ninety (90)
                days of such cessation or termination remove all
                nonconforming signs whether on or off premises.          If the
                owner shall not comply with this requirement, then written
                notice shall be given by the Zoning Administrator to the
                owner advising him of the violation. If such signs are then
                not removed within ton (10) days, the Zoning Administrator
                shall cause such removal and charge the cost to the owner of
                the premises.

                Section 9-313. Remedies.

                      In addition to any other remedy available to the Zoning
                Administrator under the terms of this article, if any
                violation of this division is not corrected within ten (10)

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                 days after receipt of notice of violation, the Zoning
                 Administrator may remove or cause to be removed, at the
                 ownerps or tenant,s expense, such sign. if any such sign so
                 removed is not claimed by the owner within fifteen (15) days
                 of notice by the Zoning Administrator may dispose of the
                 sign.

                 Section 9-314    through 9-317.      Reserved   for    future
                 legislation.

















































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                  Division 21. Restrlet4ens Ad4aeent= te Ai"ert. Airport
                safety overlay Zones.

                Sec. 9-XXX. Purpose.

                     The purpose of airport safety zones is to regulate and
                restrict the height of structures, objects, and natural
                growth in the vicinity of airports located within New Kent
                County, such restrictions being necessary to provide for the
                general health, safety and welfare of the citizens of the
                county and minimize obstructions that are hazardous to air
                navigation.

                Sec. 9-XXX. Definitions.

                     As used in this article, the following terms shall have
                the meanings ascribed to them:

                AIRPORT ELEVATION. The highest point on any usable landing
                surface expressed in feet above mean sea level.

                APPROACH SURFACE. A surface longitudinally centered on the
                extended runway centerline, extending outward and upward
                from the end of the primary surface, and at the same slope
                as the approach zone height limitation slope set forth in
                Sec. 9-319 of this ordinance. In plan the perimeter of the
                approach surface coincides with the perimeter of the
                approach zone. Such zones shall conform to design standards
                in accordance with current Federal Air Regulations.

                APPROACH TRANSITIONAL, HORIZONTAL, AND CONICAL ZONES. The
                airspace zones set forth in Sec. 9-318 of this ordinance.
                Such zones shall conform to design standards in accordance
                with current Federal Air Regulations.

                CONICAL SURFACE.       A surface extending and sloping
                horizontally and vertically from the periphery of the
                horizontal surface. Such surface shall conform to design
                standards in     accordance   with   current   Federal    Air
                Regulations.

                HAZARD TO AIR NAVIGATION. An obstruction determined by the
                Virginia Department of Aviation or the Federal Aviation
                Administration to have a substantial adverse effect on the
                safe and effective utilization of navigable airspace in the
                Commonwealth.

                HEIGHT. For the purposes of determining the height limits
                in all zones set f orth in this Division and shown on the
                zoning map, the datum shall be mean sea level (M.S.L.)
                elevation unless otherwise specified.


                                            209











               HORIZONTAL SURFACE.      A horizontal plane above         the
               established airport elevation, the perimeter of which in
               plan coincides with the perimeter of the horizontal zone.
               Such surface shall conform to design standards in accordance
               with current Federal Air Regulations.

               NONCONFORMING USE. Any preexisting structure or object of
               natural growth which is inconsistent with the provisions of
               this ordinance or any amendment to this ordinance.

               NON-PRECISION INSTRUMENT RUNWAY.      A runway having an
               existing instrument approach procedure utilizing air
               navigation facilities with only horizontal guidance,, or
               area-type navigation equipment, for which a straight-in,
               non-precision instrument approach procedure has been
               approved or planned, and for which no precision approach
               facilities are planned or indicated on an FAA planning
               document or military service,s military airport planning
               document.

               OBSTRUCTION.    Any structure, growth, or other object
               including a mobile object, which exceeds a limiting height,
               or penetrates any surface or zone floor, set forth in Sec.
               9-319 of this ordinance.

               PRECISION INSTRUMENT RUNWAY. A runway having an existing
               instrument approach procedure utilizing an Instrument
               Landing System (ILS) or a Precision Approach Radar (PA) . It
               also means a runway for which a precision approach system is
               planned and is so indicated on an FAA approved airport
               layout plan; a military service,s approved military airport
               layout plan; any other FAA planning document, or military
               service's military airport planning document.

               PRIMARY SURFACE.   A surface longitudinally centered on a
               runway. The elevation of any point on the primary surface
               is the same as the elevation of the nearest point on the
               runway centerline.   Such surface shall conform to design
               standards   in   accordance   with   current   Federal    Air
               Regulations.

               RUNWAY. A specified area on an airport prepared for landing
               and takeoff of aircraft.


               TRANSITIONAL SURFACES.     Surfaces which extend outward
               perpendicular to the runway centerline sloping from the
               sides of the primary and approach surfaces to where they
               intersect the horizontal and conical surfaces. Such zones
               shall conform to design standards in accordance with current
               Federal Air Regulations.



                                           210











                UTILITY RUNWAY.     A runway that is constructed for and
                intended to be used by propeller-driven aircraft of 12,500
                pounds maximum gross weight and less.

                VISUAL RUNWAY. A runway intended solely for the operation
                of aircraft using visual approach procedures with no
                straight-in instrument approach procedure, and no instrument
                designation indicated on a Federal Aviation Administration, s
                approved airport layout plan, a military servicels approved
                military airport layout plan, or by any planning document
                submitted to the Federal Aviation Administration by
                competent authority.









































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                Sec. 9-318. Creation of airport flight zones.

                      There are hereby created and established certain zones
                which include all of the land lying within the approach
                zones, transitional zones, horizontal zones, and conical
                zones as they apply to a particular airport.             An area
                located in more than one of the following zones is
                considered to be only in the zone with the more restrictive
                height limitations.          The various zones are hereby
                established and defined as follows:

                      A. Utility Runway     Visual Approach Zone -- The inner
                edge of this approach zone coincides with the width of the
                primary surface of the airport. The approach zone expands
                outward uniformly to a width of 1,250 feet at a horizontal
                distance of 5,000 feet from the primary surface, its center
                line being the continuation of the center line of the
                runway.

                      B.   Utility Runway Non-Precision Instrument Approach
                Zone --  The inner edge of this approach     zone coincides with
                the width of the primary surface of the airport runway.
                The approach zone expands outward uniformly to a width of
                2,000 feet at a horizontal distance of 5,000 feet from the
                primary surface, its center line being a continuation of the
                center line of the runway.

                      C. Runway Larger than Utility Visual Approach Zone
                The inner edge of this approach zone coincides with the
                width of the primary surface of the airport. The Approach
                zone expands outward uniformly to a width of 1,5000 feet at
                a horizontal distance of 5,000 feet from the primary
                surface, its center line being the continuation of the
                center line of the runway.

                      D.    Runway LarcTer than Utility with a Visibility
                Minimum greater than 3/4-Mile Non-precision Instrument
                Approach Zone -- The inner edge of this approach zone
                coincides with the width of the primary surface of the
                airport. The approach zone expands outward uniformly to a
                width of 3,500 feet at a horizontal distance of 10,000 feet
                from the primary surface, its center line being the
                continuation of the center line of the runway.

                      E.    Runway Larcrer than utility with a Visibility
                Minimum as Low as 3/4-Mile Non-precision Instrument Approach
                Zone -- The inner edge of    this approach zone coincides    ' with
                -the width 'of the - primary surface - and is @ I 1 600 feet wide.
                The approach zone expands outward uniformly to a width of
                4,000 feet at a horizontal distance of 10,000 feet from the
                primary surface, its center line being the continuation of
                the center line of the runway.

                                               212













                      F. Precision Instrument Runway Approach Zone -- The
                 inner edge of this approach zone coincides with the width of
                 the primary surface and is 1,000 feet wide. The approach
                 zone expands outward uniformly to a width of 16,000 feet at
                 a horizontal distance of 50,000 feet from the primary
                 surface, its center line being the continuation of the
                 center line of the runway.

                     
                 

                      


                      

                      J.   Transitional Zones   --  These zones are hereby
                 established as the area beneath the transitional surfaces.
                 These surfaces extend outward and upward at ninety (90)
                 degree angles to the runway center line and the runway
                 center line extended at a slope of seven (7) feet
                 horizontally for each foot vertically from the sides of the
                 primary and approach surfaces to where they intersect the
                 horizontal and conical surfaces.    Transitional zones for
                 those portions of the precision approach zones which project
                 through and beyond the limits of the conical surface, extend
                 a distance of 5,000 feet measured horizontally from the edge
                 of the approach zones and at ninety (90) degree angles to
                 the extended runway center line.

                      



                                              213
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                    .


                     

                     N. Horizontal Zone - The horizontal zone is hereby
                established by swinging arcs of 5,000 feet radii from the
                center of each end of the primary surface of each runway,
                and connecting the adjacent arcs by drawing lines tangent to
                those arcs.     The horizontal zone does not include the
                approach and transitional zones.

                     0.    Conical Zone    --    The conical zone is hereby
                established as the area that commences at the periphery of
                the horizontal zone and extends outward therefrom a
                horizontal distance of 4,000 feet.      The conical zone does
                not include the precision instrument approach zones and the
                transitional zones.

                Sec. 9-319. Height limitation.

                     A. Except as provided in this section, no structure or
                tree shall be erected, altered, allowed to grow, or be
                maintained in any zone created by this division to a height
                in excess of the applicable height limit herein established
                for such zone.    Such applicable height limitations are
                hereby established f or each of the zones in question as
                follows:

                     1.    Utility Runway Visual Approach Zone -- Slopes
                           upward twenty (20) feet horizontally for each foot
                           vertically, beginning at the end of and at the
                           same elevation as the primary surface and
                           extending to a horizontal distance of 5,000 feet
                           along the extended runway center line.

                     2.    Utility Runway Non-precision Instrument Approach
                           Zone    --     Slopes upward twenty (20) feet
                           horizontally for each foot vertically beginning at
                           the end of and at the same elevation as the
                           primary surface and extending to a horizontal
                           distance of 5,000 feet along the extended runway
                           center line.



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                        3.    Runway Larger than Utility Visual Approach Zone
                              - Slopes upward twenty (20) feet horizontally for
                              each foot vertically beginning at the end of and
                              at the same elevation as the primary surface and
                              extending to a horizontal distance of 5,000 feet
                              along the extended runway center line.

                        4.    Runway Larger than Utility with a Visibility
                              Minimum Greater than 3/4-Mile Non-precision
                              Instrument Approach Zone   --   Slopes upward
                              thirty-four (34) feet horizontally for each foot
                              vertically beginning at the end of and at the same
                              elevation as the primary surface and extending to
                              a horizontal distance of 10,000 feet along the
                              extended runway center line.

                        5.    Runway Larger than Utility with a Visibility
                              Minimum   as    Low   as    3/4-Mile     Non-precision
                              Instrument Approach Zone     --        Slopes upward
                              thirty-four (34) feet horizontally for each foot
                              vertically beginning at the end of and at the same
                              elevation as the primary surface and extending to
                              a horizontal distance of 10,000 feet along the
                              extended runway center line.

                        6.    Precision Instrument Runway Approach Zone
                              Slopes upward fifty (50) feet horizontally for
                              each foot vertically beginning at the end of and
                              at the same elevation as the primary surface and
                              extending to a horizontal distance of 10,000 feet
                              along the extended runway center line; thence
                              slopes upward forty (40) feet horizontally for
                              each foot vertically to an additional horizontal
                              distance of 40,000 feet along the extended runway
                              center line.

                       

                        





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                     10.   Transitional Zones -- Slopes upward and outward
                           seven (7) feet horizontally for each foot
                           vertically beginning at the sides of and at the
                           same elevation as the primary surface and the
                           approach zones, and extending to a height of 150
                           feet above the airport elevation. In addition to
                           the foregoing, there are established height limits
                           sloping upward and outward seven (7)          feet
                           horizontally for each foot vertically beginning at
                           the sides of and at the same elevation as the
                           approach zones, and extending to where they
                           intersect the conical surface.      Where the
                           precision instrument runway approach zone projects
                           beyond the conical zone, height limits sloping
                           upward and outward seven (7) feet horizontally for
                           each foot vertically shall be maintained beginning
                           at the sides of and at the same elevation as
                           precision instrument runway approach surface, and
                           extending to a horizontal distance of 5,000 feet
                           measured at ninety (90)      degree angles to the
                           extended runway center line.

                     
                           

                     

                    


                                              216
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                           pertlen ef the sides ef the appreaeh sui-faee and
                           extends te an elevatlen ef 3:E)e feet abeve the
                           V_.---, surfaee.

                      14.  Horizontal Zone -- one hundred and fifty (150)
                           feet above the airport elevation.

                      15.  Conical Zone -- Slopes upward and outward twenty
                           (20) feet horizontally for each foot vertically
                           beginning at the periphery of the horizontal zone
                           and at one hundred and fifty (150) feet above the
                           airport elevation and extending to a height of 350
                           feet above the airport elevation.

                      B.   Excepted height limitations -- Nothing in this
                 section  shall be construed as prohibiting the growth,
                 construction or maintenance of any tree or structure to a
                 height up to thirty-five (35) feet above the surface of the
                 land. Where an area is covered by more than one (1) height
                 limitation, the more restrictive limitation shall prevail.

                 Sec. 9-320. Prohibited activities.

                      A.   Notwithstanding any other provisions of this
                 article, no use may be made of land or water within any zone
                 established by this article in such a manner as to create
                 electrical interference with navigational signals or radio
                 communication between the airport and aircraft, make it
                 difficult for pilots to distinguish between airport lights
                 and others, result in glare in the eyes of pilots using the
                 airport, impair visibility in the vicinity of the airport or
                 otherwise in any way create a hazard or endanger the
                 landing, takeoff, or maneuvering of aircraft intending to
                 use the airport.

                      B.   Places of public assembly, such as schools,
                 churches, hospitals, apartment houses, theaters, and
                 assembly halls shall not be erected or otherwise located in
                 any area which would be classified as an approach zone under
                 this division.


                 Sec. 9-321. Vested rights not impaired.

                      A.   The requirements of this section shall not be
                 construed to require the removal, lowering, or other changes
                 or alteration of any structure or tree not conforming to the
                 regulations as of the effective date of this article, or
                 otherwise interfere with the continuance of a nonconforming
                 use. Nothing contained herein shall require any change in
                 the construction, alteration, or intended use of any
                 structure, the construction or alteration of which was begun


                                             217










              prior to the effective date of this article, and is
              diligently pros ecuted.

                    B. Notwithstanding paragraph A of this section, the
              owner of any existing nonconforming structure or tree is
              hereby required to permit the 'installation, operating, and
              maintenance thereon of such markers and lights as shall be
              deemed necessary by the Zoning Administrator to indicate to
              the operators of aircraft in the vicinity of the airport the
              presence of such airport hazards. Such markers and lights
              shall be installed, operated, and maintained at the expense
              of New Kent County, Virginia.

              Sec. 9-322. Special provisions relating to zoning permits.

                    The following provisions shall apply to zoning permits,
              issued within any zone created by this division:

                    A. Compliance by a tree or structure of less than 75
              feet of   vertical height above the ground shall not be
              required in the horizontal and conical zones or in any
              approach and transitional zones beyond a horizontal distance
              of 4,200 feet from each end of the runway except when such
              tree or   structure, because of terrain, land contour, or
              topographic features, would extend above the height limit
              prescribed for the respective zone.

                    B.  The application for a permit within any of the
              zones established by this section shall indicate the purpose
              for which the permit is desired with sufficient particulars
              to determine whether'the resulting use, structure or tree
              would conform to the regulations prescribed.

                    C.  No permit shall be granted that would allow the
              establishment or creating of an airport hazard or permit a
              nonconforming use, structure, or tree to become a greater
              hazard to air navigation than it was on the effective date
              of this article or any amendments thereto or than it is when
              the application for a permit is made.

                    D, Any person aggrieved by the decision of the Zoning
              Administrator may appeal to the Board of Zoning Appeals.

              Secs. 9-323 through 9-328. Reserved for future legislation.









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                           Division 22. Board of Zonincf Appeal

                Sec. 9-329.    Board established; membership; organization;
                etc.

                     A.    There is hereby established a Board of Zoning
                Appeals which shall consist of five (5) residents of New
                Kent County appointed by the Circuit Court of New Kent
                County. Their terms of office shall be for five (5) years
                each except that original appointments shall be made for
                such terms so that the term of one member shall expire each
                year. The secretary of such board shall notify the court at
                least thirty (30) days in advance of the expiration of any
                term of office and shall also notify the court promptly if
                any vacancy occurs. Appointments to fill vacancies shall be
                only for the unexpired portion of the term. Members may be
                reappointed to succeed themselves.     Members of the board
                shall hold no other public office in the County except that
                one may be a member of the local Planning Commission.       A
                member whose term expires shall continue to serve until his
                successor is appointed and qualifies.

                     B. The board shall elect from its own membership its
                officers who shall serve annual terms as such and may
                succeed themselves. For the conduct of any hearing and the
                taking of any action, a quorum shall be not less than a
                majority of all of the members of the board. The board may
                make, alter, and rescind rules and forms for its procedures
                consistent with the ordinances of this County and the
                general laws of the Commonwealth. The board shall keep a
                full public record of its proceedings and shall submit a
                report of its activities to the Board of Supervisors at
                least once a year.     Any board member may be removed for
                malfeasance, misfeasance or nonfeasance in office or for
                other just cause by the court which appointed him after a
                hearing held after at least fifteen (15) days notice.

                     C. Members of the board shall serve without pay other
                than for traveling expenses.     Within the limit of funds
                approved by the governing body, the Board of zoning Appeals
                may employ or contract for secretaries, clerks, legal
                counsel, consultants and other technical and clerical
                services.   The contracting for any such services must be
                approved by the governing body.

                     D. Meetings of the board shall be held at the call of
                its chairman -or at such,time as a quorum of the board may
                determine. The board shall keep minutes of its proceedings
                showing the vote of each member upon each question, or if
                absent or failing to vote, records indicating such facts.
                All records of the board shall be filed immediately with the


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               Zoning Administrator's office and shall be matters of public
               record.


               Sec. 9-330. Powers and duties.

                     The Board of Zoning Appeals shall have the following
               powers and duties:

                     A.   To hear and decide      appeals from any order,
               requirement,    decision   or determination    made   by    an
               administrative officer in the administration or enforcement
               of this article.

                     B. To authorize upon appeal or original application in
               specific cases such variance from the terms of this article
               as.will not be contrary to the public interest when owing to
               special conditions a literal enforcement of the provisions
               will result in unnecessary hardship; provided that the
               spirit of this article shall be observed and substantial
               justice done as follows:

                     1.   When a property owner can show that his property
                          was acquired in good faith and where by reason of
                          the exceptional narrowness, shallowness, size or
                          shape of a specific piece of property at the time
                          of the effective date of this article or where by
                          reason of exceptional topographic conditions or
                          other extraordinary situation or condition of such
                          piece of property, or.of the use or development of
                          the property immediately adjacent thereto, the
                          strict application of the terms of the article
                          would   effectively   prohibit   or   unreasonably
                          restrict the use of the property or where the
                          board is satisfied, upon the evidence heard by it,
                          that the granting of such variance will alleviate
                          a clearly demonstrable hardship approaching
                          confiscation, as distinguished from a special
                          privilege or convenience sought by the applicant,
                          provided that all variances shall be in harmony
                          with the intended spirit and purpose of this
                          article. No such variance shall be authorized by
                          the board unless it finds:    (1) that the strict
                          application of this article would produce undue
                          hardship; (2) that the hardship is not shared
                          generally by other properties in the same zoning
                          district and the same vicinity; (3) that the
                          authorization of such variance will not be of
                          substantial detriment to adjacent property; and
                          (4) that the character of the district will not be
                          changed by the granting of the variance.



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                      2.   No variance shall be authorized except after
                           notice and hearing as required by State law. No
                           variance shall be authorized unless the board
                           finds that the condition or situation of the
                           property concerned or the intended use of the
                           property is not of so general or recurring nature
                           as to make reasonably practicable the formulation
                           of a general regulation to be adopted as an
                           amendment to this article.      In authorizing a
                           variance, the board may impose such conditions
                           regarding the location, character and other
                           features of the proposed structure or use as it
                           may deem necessary in the public interest, and may
                           require a guarantee or bond to insure that the
                           conditions imposed are being and will continue to
                           be complied with.

                      C.  To hear and decide appeals from decisions of the
                 Zoning Administrator. No such appeal shall be heard except
                 after notice and hearing as provided by State law.

                      D. To hear and decide applications for interpretation
                 of the district map where there is any uncertainty as to the
                 location of a district boundary. After notice to the owners
                 of the property affected by any such questions, and after a
                 public hearing as required by State law, the board may
                 interpret the map in such a way as to carry out the purpose
                 and intent of this article for the particular section or
                 district in questions. The board shall not have the power
                 to change substantially the location of the district
                 boundaries as establish by this article.

                      E. No provision of this section shall be construed as
                 granting the board the power to rezone any property.

                      F. To hear and decide applications for conditional use
                 permits, if specifically provided for in this article. If
                 not specifically provided for in this article, such
                 application shall be heard by the governing body or its
                 designee.   The Board of Zoning Appeals may impose such
                 conditions relating to the use for which a permit is granted
                 as it may deem necessary in the public interest and may
                 require a guarantee or bond to insure that the conditions
                 imposed are being and will continue to be complied with. No
                 such conditional use may be granted by the board except
                 after notice and hearing as provided by State law.
                 Sec. 9-331.  APPlication to board, procedures.

                      The following procedures shall apply to appeals taken
                 to the Board of Zoning Appeals:


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                    A. An appeal to    the board may be taken by any person
                aggrieved or by any officer, department, board or bureau of
                the County affected by any decision of the Zoning
                Administrator.   Such appeal shall be taken within thirty
                (30) days after the decision appealed from by filing with
                the Zoning Administrator, and with the board, an application
                for appeal specifying the grounds thereof.       The Zoning
                Administrator shall forthwith transmit to the board all the
                papers constituting the record upon which the action
                appealed was taken. An appeal shall stay all proceedings in
                furtherance of the action appealed from unless the Zoning
                Administrator certifies to the board that by reason of facts
                stated in the certificate, a stay would in his opinion cause
                .mminent peril to life or property, in* which case a
                restraining order may be granted by the board or by a court
                of record, on: application and on notice to the Zoning
                Administrator and for good cause shown.

                    B.    Applications for variances may be made by any
                property owner, tenant, government official, department,
                board or bureau.    Such application shall be made to the
                Zoning Administrator in accordance with rules adopted by the
                board.  The application and accompanying maps, plans and
                other information shall be transmitted promptly to the
                secretary of the board who will place the matter upon the
                docket to be acted upon by the board.      No such variance
                shall be authorized except after notice and public hearing
                as required by State law. The Zoning Administrator shall
                transmit a copy of the application to the Planning
                commission which may send a recommendation to the-board or
              .appear as a party at the hearing.

                    C.   The board shall fix a reasonable time for the
                hearing of an application or appeal, give public notice
                thereof, as well as due notice to the parties in interest
                and decide the same within sixty (60) days. In exercising
                its powers, the board may reverse or affirm, wholly or
                partly, or may modify the order, requirement, decision or
                determination appealed from. The concurring vote of three
                (3) members shall be necessary to reverse any order,
                requirement, decision, or determination of an administrative
                officer or to decide in favor of the applicant on any matter
                upon which it is require to pass under this article or to
                effect any variance from this article. The board shall keep
                minutes of its proceedings and other official actions which
                shall be filed in the office of the Zoning Administrator and
                shall be public records. The chairman of the board, or in
                his absence the acting chairman, may administer oaths and
                Compel the attendance of witnesses.

                    D.    In passing upon applications for Variances from
                Floodplain requirements, the Board of Zoning Appeals shall

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                satisfy all relevant factors and procedures specified in
                this section of the zoning ordinance and consider the
                following  additional factors:

                     1.    The danger to life  and property due to increased
                           flood   heights     or  velocities    caused     by
                           encroachments. No variance shall be granted for
                           any proposed use, development, or activity within
                           any floodway area that will cause any increase in
                           the one hundred (100) - year flood elevation.

                     2.    The danger that materials may be swept on to other
                           lands or downstream to the injury of others.

                     3.    The proposed water supply and sanitation systems
                           and the ability of these systems to prevent
                           disease, contamination, and unsanitary conditions.

                     4.    The susceptibility of the proposed facility and
                           its contents to flood damage and the effect of
                           such damagek on the individual owners.

                     5.    The importance of the services provided by the
                           proposed facility to the community.

                     6.    The requirements of the facility for a waterfront
                           location.

                     7.    The availability of alternative locations not
                           subject to flooding for the proposed use.

                     8.    The compatibility of the proposed use with
                           existing development and development anticipated
                           in the foreseeable future.

                     9.    The relationship of the proposed use to the
                           comprehensive plan and floodplain management
                           program for the area.

                     10.   The safety of access by ordinary and emergency
                           vehicles to the property in time of flood.

                     11.   The expected heights, velocity, duration, rate of
                           rise, and Sediment transport of the flood waters
                           expected at the site.

                     12.   Such other factors which are relevant to the
                           purposes of this ordinance.

                     The  Board of Zoning Appeals may refer any application
                and accompanying documentation pertaining to any request for
                a variance to any engineer or other qualified person or

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               agency for technical assistance in evaluating the proposed
               project in relation to f lood heights and velocities, and the
               adequacy of the plans for f lood protection and other related
               matters.

                    Variances shall be issued only after the Board of
               Zoning Appeals has determined that the granting of such will
               not result in (a) unacceptable or prohibited increased in
               flood heights,    (b) additional threats to public safety,
               (c) extraordinary public expense, and will not (d) create
               nuisances, (e) cause fraud or victimization of the public,
               or (f) conflict with local laws or ordinances.

                    Variances shall be issued     only after the Board of
               Zoning Appeals has determined that variance will be the
               minimum required to provide relief from any hardship to the
               applicant.

                    The Board of Zoning Appeals shall notify the applicant
               for a variance, in writing, that the issuance of a variance
               to construct a structure below the one hundred (100) - year
               flood elevation (a) increases the risks to life and property
               and (b) will result in increased premium rates for flood
               insurance.


                    A record shall be maintained of the above notification
               as well as all variance actions, including justification for
               the issuance of the variances.      Any variances which are
               issued shall be noted in the annual or biennial report
               submitted to the Federal Insurance Administrator. (10/8/90)

               Sec. 9-332. Court review.

                    The following procedures apply to the review of the
               Board of Zoning Appeals decisions by the Circuit Court:

                    A.    Any person or persons jointly or severally
               aggrieved by any decision of the Board of Zoning Appeals, or
               any taxpayer or any officer, department, board, or bureau of
               the County, may present to the Circuit Court of the County,
               a petition specifying the grounds on which aggrieved within
               thirty (30) days after the filing of the board's decision in
               the office of the Zoning Administrator.

                    B. Upon the presentation of such petition, the court
               shall allow a writ of certiorari to review the decision of
               the Board of Zoning Appeals and shall prescribe therein the
               time within which a return thereto must be made and served
               upon the relator's attorney, which shall not be less than
               ten (10) days and may be extended by the court.            The
               allowance of the writ shall not stay proceedings upon the
               decision appealed from, but the court may, on application,

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               after notice to the board and on due cause shown, grant a
               restraining order.

                     C. The Board of zoning Appeals shall not be required
               to return the original papers acted upon by it, but it shall
               be sufficient to return certified or sworn copies thereof or
               of such portions thereof as may be called for by such writ.
               The return shall concisely set forth such other facts as may
               be pertinent and material to show the grounds of the
               decision appealed from and shall be verified.

                     D. If, upon the hearing, it shall appear to the court
               that testimony is necessary for the proper disposition of
               the matter ' it may take evidence or appoint a commissioner
               to take such evidence as it may direct and report the same
               to the court with his findings of fact and conclusions of
               law, which shall constitute a part of the proceedings upon
               which the determination of the court shall be made.        The
               court may reverse or af firm, wholly or partly, or may modify
               the decision brought up for review.

                     E.   Costs shall not be allowed against the board,
               unless it shall appear to the court that it acted in bad
               faith or with malice in making the decision appealed from.

               Secs. 9-333 through 9-335. Reserved for future legislation.






























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