Draft zoning ordinance, New Kent County, Virginia

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

DRAFT

NEW KENT COUNTY

ZONINa ORDINANCE

-7

KFV COUNTY
2999 OF
N4
V8 NEW
1992
ll@,KENT
77,

I
L-j

I
L--j

I
- i

I
--j

I
Property or
NOAA Coastal services Center
Library I

C
DRAFT

NEW KENT COUNTY

ZONING ORDINANCE

TIN

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

I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
NOAA CopasktoaploSretilvoicles Center
Library I

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).

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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
�n 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;

(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.

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.

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.

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

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.

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

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.

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,

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.

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-

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.

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.

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.

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.

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

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

(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.

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.

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.

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

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.

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.

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.

I I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
1
40 1
1

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.

I
Section.9-56 Cont. I I
Insert Chart I
I
I
I
I
I
I
I
I
I
I
I
I
I
1
42 1
1

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

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

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

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,

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

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.

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.

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,

(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

(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

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

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

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)).

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.

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

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.

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.

.. I
I
I
I
I
I
i
I
I
I
I
I
I
I
I
I
1
60 1
1

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.

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 � 15.1 486.-4 36-85.3 and in accordance with � 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

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).

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 � 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

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.

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.

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.

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.

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.

I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
1
70 1
I

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:

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

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@� 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.

I
I
.. I
I
I
I
I
I
I
I
I
I
I
I
I
I
1
74 1
1

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.

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.

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 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 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

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.

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.

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.

Group care facilities.

Planned unit developments.

Private schools with approved site plan.

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.

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.

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.

I
I

Insert Sec. 9-130
Table of Regulations I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
84 1
1

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.

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.

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 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.

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.

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.

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

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.

I
I
I
I
i
I
I
I
I
I
I
I
I
I
I
I
1
94 1
1

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:

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.

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.

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 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,

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.

100

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.

101

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. 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.

107

I
I I
I
I
I
I
@ .1
I
I
I
I
I
I
I
I
I
1
108 1
1

109

110

111

112

113

I
I
I I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
114 1
1

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

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 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,

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.

120

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:

121

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.

122

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.

123

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.

124

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,

125

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.

126

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

127

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.

128

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

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

129

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

130

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

131

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.

133

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

134

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

137

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

138

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.

150

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 � 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.

151

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.

152

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.

153

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.

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.

164

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.

165

I
I 99T
I
I
I
I
I
I
I
I
I
I
I q
I
I
I
I
I
I

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;

167

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.

168

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

169

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.

170

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-

171

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

172

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.

173

I
I
I
I
I
I
i
I
I
I
I
I
I
I
I
I
1
174 1
I

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).

175

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.

176

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,

177

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 � 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.

178

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.

179

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.

181

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

182

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:

183

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:

184

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

185

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

187

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

189

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.

191

192

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

I
I
I
I
I
I
I
ko
"I
,4 1
I
I
I
I
I
I
I
I
I

Division 20. Signs.

197

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.

199

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.

200

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.

201

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.

202

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

204

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)

206

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.

207

I
I
I
I
I
I
@ I
I
I
I
I
I
I
I
I
I
1
208 1
1

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.

211

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

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.

214

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.

215

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

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.

218

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

219

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.

220

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:

221

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

222

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

223

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,

224

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.

225

NOAA COASTAL SERVICES CTR LIBRARY

3 6668 14111157 7