ZONING ORDINANCE, ARTICLE 5: SITE DEVELOPMENT REGULATIONS PAGE

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1 ZONING ORDINANCE, ARTICLE 5: SITE DEVELOPMENT REGULATIONS PAGE 5:1 ARTICLE 5 SITE DEVELOPMENT REGULATIONS Purpose of this Article This Article establishes minimum site development regulations and other special requirements for each of the primary zoning districts. Unless modified by other provisions of this Ordinance, the lot size and frontages given in this Article shall determine the minimum lot area, minimum lot frontage, minimum yards, and maximum building height for all land uses established in King and Queen County after the effective date of this Ordinance or amendment hereto Minimum Lot Sizes and Related Requirements The minimum lot area, required frontage along roads and other related requirements of lots are set out below for each zoning district. In all cases where a minimum lot area is required for residential uses, not more than twenty-five (25) percent of such required lot area shall be unusable by reason of environmental conditions, which either by regulation or by physical condition renders the land unusable for residential purposes. Unusable land includes but is not limited to areas lying within the Chesapeake Bay Resource Protection Area, or any other area that has been designated as environmentally sensitive. A. Agricultural (A) District: (1) On Routes U.S. 360 and Va. 33, no new subdivision lot shall be created unless approved by the Planning Commission as outlined in Article 18. No more than two (2) lots with a minimum area of not less than three (3) acres may be established with access directly from the existing road. Each lot so established shall have a road frontage of not less than three hundred (300) feet. or any zoning shall be established so as to abut any lot directly on either primary highway unless such lot: shall have access from a parallel service road or new secondary road; have an area of at least three (3) acres; and have a road frontage on the new road of not less than three hundred (300) feet. (2) On Routes U.S. 14 and 721 subdivisions with not more than two (2) lots and with a minimum area of not less than three (3) acres may be established with access directly from the existing road. Each lot so established shall have a road frontage of not less than three hundred (300) feet. (3) On Routes numbered from 600 through , excluding Route 721, subdivisions with not more than two (2) lots and a minimum area of not less than two (2) acres may be established with direct access from the existing Public Road. Each lot so established shall have a Public Road frontage of not less than two hundred (200) feet. (4) On existing secondary roads numbered 1000 or higher or on new secondary roads established for the purpose of serving residential lots and which are approved by the Virginia Department of Transportation (VDOT), minor residential subdivisions with lots having a minimum area of two (2) acres and a road frontage of not less than two hundred (200) feet may be established.

2 ZONING ORDINANCE, ARTICLE 5: SITE DEVELOPMENT REGULATIONS PAGE 5:2 (5) On private roads and right-of-ways which are not approved by VDOT, one or two lot subdivisions may be established provided each lot have a minimum area of three (3) acres and a road frontage and/or lot width of not less than two hundred (200) feet. Summary of Minimum Lot Size and Frontage Requirements in the Agricultural - A Zoning District TYPE, OR IDENTITY OF ROAD Minimum Lot Size Permitted in Acres Minimum Street Frontage in Feet Route Route Route Route Route numbers from excluding 721 Routes 1000 or higher built to VDOT standards Private roads built to VDOT standards Private road & right-of-way access not built to VDOT standards B. Rural (R-R) District (1) On secondary roads numbered from 600 through 999: minor subdivisions with not more than five (5) lots may be established with lots having a minimum area of two (2) acres and a frontage of not less than two hundred (200) feet. (2) On new secondary roads established for the purpose of serving residential lots and approved or designed to standards approved by VDOT, minor or major residential subdivisions may be established with lots having a minimum area of seventy-five thousand (75,000) square feet and a road frontage of not less than one hundred seventy five (175) feet. C. Single-Family (R-S) District (1) Except for lots which abut tidal waters, residential lots without central sewer a public sewage system shall have a minimum area of forty thousand (40,000) square feet and a road frontage of not less than one hundred fifty (150) feet. (2) Lots abutting tidal waters shall have a minimum area of one and one-half (1.5) acres and a frontage on such waters of not less than one hundred fifty (150) feet and a road frontage of not less than one hundred fifty (150) feet.

3 ZONING ORDINANCE, ARTICLE 5: SITE DEVELOPMENT REGULATIONS PAGE 5:3 (3) Lots in subdivisions served with central sewer a public sewage system shall have a minimum area of twenty-four thousand (24,000) square feet and a road frontage of not less than one hundred (100) feet. (4) Two-family dwellings shall have a minimum lot area of sixty thousand (60,000) square feet and a road frontage of not less than two hundred (200) feet. D. (R-G) District (1) The minimum lot area for multiple family dwellings shall be one (1) two (2) acres for each four (4) dwelling units but in no case shall the site be smaller than two (2) three (3) acres. (2) The minimum road frontage for any site containing multiple family dwellings shall be two hundred (200) feet. (3) For each dwelling unit, there must be at least 2,500 sq. ft. open/unused space which creates a park like setting. For the purposes of this section, open space shall be defined as the total land or water within the boundaries of the parcel designed and intended for use and enjoyment as open areas, and not improved with a building, structure, street, road, sidewalks, parking area, septic / drainfield or any type of required BMP or other landscaping feature pursuant to required by the Chesapeake Bay Act, Erosion & Sediment Control Ordinance and/or any other federal, state and/or local statute, ordinance, policy or regulation, and sidewalks except for recreational structures such as a play ground. (4) Two-family dwellings shall have a minimum lot area of sixty thousand (60,000) square feet and a road frontage of not less than two hundred (200) feet. E. Limited Business (L-B) (1) Except for lots which abut tidal waters, l Lots without public water supply and sewage system shall have a minimum lot area of forty thousand (40,000) square feet 1.5 acres and a road frontage of not less than one hundred fifty (150) feet. Lots with public water supply and sewage system shall have a minimum lot area of twenty-four thousand (24,000) square feet one (1) acre and a road frontage on not less than one hundred fifty (150) feet. (2) Lots abutting tidal waters and used for water-related trades or services shall have a minimum area of one (1) acre, a frontage on such waters of not less than two hundred (200) feet and a road frontage of not less than one hundred fifty (150) feet. This regulation applies to the following uses: boat docks; boat ramps; piers; boats; motor and marine accessory sales and rental; bait shops; restaurants and similar food service establishments; hotels and motels; retail stores and shops; and marine fuel docks.

4 ZONING ORDINANCE, ARTICLE 5: SITE DEVELOPMENT REGULATIONS PAGE 5:4 F. Business (G-B1) District (1) For uses of the L-B District permitted in this district, the same lot area requirements of the L-B District shall apply. (2) For other uses permitted in the G-B1 District, the minimum lot area shall be one (1.5) acres and the road frontage shall be not less than one hundred fifty (150) feet. (3) Lots abutting tidal waters and used for water-related trades or services shall have a minimum area of one (1) two (2) acres, a frontage on such waters of no less than two hundred (200) feet and a road frontage of not less than one two hundred (150) (200) feet. This regulation may applyies to the following uses: boat docks; boat ramps; piers; boats; motor and marine accessory sales and rental; bait shops; restaurants and similar food service establishments; hotels and motels; retail stores and shops; and marine fuel docks. (4) Lots abutting tidal waters and used for water-related industrial uses shall have a minimum area of two (2) acres, a frontage on such waters of not less than three hundred (300) feet and a road frontage of not less than one hundred fifty (150) feet. This regulation applies to the following uses: marinas; boat building; marine railways; marine salvage; marine repair and service facilities; shellfish and finfish processing and wholesale sales; campgrounds; and facilities for loading and unloading and storage related to the transport of wood, grain and other agricultural products. G. Business (G-B2) District (1) For other uses permitted in the G-B2 District, the minimum lot area shall be two (2) acres and the road frontage shall be not less than two hundred (200) feet. (2) Lots abutting tidal waters and used for water-related trades or services shall have a minimum area of two (2) acres, a frontage on such waters of no less than two hundred (200) feet and a road frontage of not less than two hundred (200) feet. This regulation may applyies to the following uses: boat docks; boat ramps; piers; boats; motor and marine accessory sales and rental; bait shops; restaurants and similar food service establishments; hotels and motels; retail stores and shops; and marine fuel docks. (3) Lots abutting tidal waters and used for water-related industrial uses shall have a minimum area of three (3) acres, a frontage on such waters of not less than three hundred (300) feet and a road frontage of not less than two hundred (200) feet. This regulation applies to the following uses: marinas; boat building; marine railways; marine salvage; marine repair and service facilities; shellfish and finfish processing and wholesale sales; campgrounds; and facilities for loading and unloading and storage related to the transport of wood, grain and other agricultural products. H. Light Industrial (LI) District (1) For uses permitted in the LI District, the minimum lot area shall be five (5) acres and the road frontage shall be not less than two hundred (200) feet.

5 ZONING ORDINANCE, ARTICLE 5: SITE DEVELOPMENT REGULATIONS PAGE 5:5 (2) Lots abutting tidal waters and used for water-related industrial uses shall have a minimum area of five (5) acres, a frontage on such waters of not less than three (300) feet and a road frontage of not less than two hundred (200) feet. Any lot located within the Chesapeake Bay RPA, the setback requirements shall be determined by the Chesapeake Bay Regulations, Article 12. This regulation may applyies to the following uses: marinas; boat building; marine railways; marine salvage; marine repair and service facilities; shellfish and finfish processing and wholesale sales; campgrounds; and facilities for loading, unloading and storage related to the transport of wood, grain and other agricultural approved products. I. Industrial (I) District (1) For uses permitted in the I District, the minimum lot area shall be five (5) acres and the road frontage shall be not less than two hundred (200) feet. (2) For uses of the G-B District permitted in this district the same lot area requirements of the G-B District shall apply. (3) Lots abutting tidal waters and used for water-related industrial uses shall have a minimum area of two (2) seven (7) acres, a frontage on such waters of not less than three (300) feet and a road frontage of not less than one two hundred fifty (150) (200) feet except that for any lot located within the Chesapeake Bay RPA, the setback requirements shall be determined by the Chesapeake Bay Regulations, Article 12. This regulation may applyies to the following uses: marinas; boat building; marine railways; marine salvage; marine repair and service facilities; shellfish and finfish processing and wholesale sales; campgrounds; and facilities for loading, unloading and storage related to the transport of wood, grain and other agricultural approved products. (4) In addition to the sign regulations of this ordinance, sign messages for adult establishments shall be limited to the name of the business and hours of operation and shall not provide any graphic or pictorial depiction of the material or services available on the premises. Signage and messages which are visible or intended to be visible from outside the property (such as those appearing on or within the doors or windows) shall not display materials, items, publications, pictures, films or printed material available on the premises; or picture films or live presentation of persons performing or services offered on the premises. Should any adult establishment cease or discontinue operation for a period of sixty days, it may not resume, nor be replaced by any other adult entertainment establishment unless it complies with all requirements set forth hereinabove. Any adult establishments must meet all legal requirements imposed by state, local and federal law. MOVED TO PERMITTED USE TABLE IN COMMENTS AND UNDER ARTICLE 16, SIGNS. (Section 3-101, G I, (4), adopted 8/11/08)

6 ZONING ORDINANCE, ARTICLE 5: SITE DEVELOPMENT REGULATIONS PAGE 5: Minimum Dimensional Regulations Table 5.1, entitled Table of Minimum Dimensional Regulations for Primary Zoning Districts is hereby created for the purpose of establishing the minimum front, side and rear yard setbacks and the maximum height of buildings for all primary-zoning districts. TABLE 5.1 TABLE OF MINIMUM DIMENSIONAL REGULATIONS FOR PRIMARY ZONING DISTRICTS (1) (2) (3) (4) (5) MINIMUM SETBACKS AND BUILDING BULK REQUIREMENTS ZONING DISTRICT MINIMUM SETBACKS 1 (in feet) MAXIMUM HEIGHT OF BUILDINGS FROM FRONT PROPERTY LINE FROM SIDE PROPERTY LINES FROM REAR PROPERTY LINE A Agricultural 100 feet, except that only 20 feet is required for school bus shelters, roadside stands, and cemeteries. 40 feet 25 feet None R-R Rural R-S Single-family 75 feet 25 feet 25 feet 75 feet 25 feet 25 feet R-G R-G setback from any street right-of-way; 30 feet from adjacent buildings; 100 feet of natural vegetation buffer around the perimeter. 75 feet 25 feet, provided that side and rear setbacks adjacent to residential uses shall not be less than 50 feet. See Article 6, Section 3-111(B). LB Local Limited Business feet except: 75 feet for items listed in Note 2; 100 feet for items listed in Note feet, provided that side and rear setbacks adjacent to residential uses shall not be less than 50 feet. GB1 Business 1 GB2 Business 2 LI Light Industrial I Industrial 75 feet 15 feet, provided that side and rear setbacks adjacent to residential uses shall not be less than 50 feet. 100 feet 15 feet, provided that side and rear setbacks adjacent to residential uses shall not be less than 50 feet. 100 feet 50 feet, except for lots, which abut property in nonindustrial districts, then 100 feet. 100 feet 50 feet, except for lots, which abut property in nonindustrial districts, then 100 feet feet No more than the distance from the base or foundation of the building to structure to the nearest lot line. No more than the distance from the base or foundation of the building or structure to the nearest lot line. Notes: 1 For any lot located within the Chesapeake Bay RPA, the setback requirements shall be determined by the Chesapeake Bay Regulations, Article This includes docks; boat ramps; piers; boats, motor and marine accessory sales and rental; bait shops; restaurants and similar food service establishments; hotels and motels; retail stores and shops; and marine fuel docks. 3 This includes marinas; boat building, marine railways, marine salvage, and other marine maintenance, repair and service facilities; shellfish and finfish processing and wholesale sales; campgrounds; accessory uses and structures; and facilities for loading, unloading, and storage related to transport of wood, grain and other agricultural products that are 500 feet away from a navigable waterway. 4 ²For front yard requirements for waterfront lots the front yard setback for accessory buildings is fifty (50) feet from the road frontage. A front yard buffer may be required unless waived by the Zoning Administrator as not necessary. The site drawing and accessory building architecture must be approved by the Zoning Administrator to ensure that the proposed accessory structure is compatible and consistent with other buildings in the area.

7 ZONING ORDINANCE, ARTICLE 5: SITE DEVELOPMENT REGULATIONS PAGE 5:7 TABLE 5.1 TABLE OF MINIMUM DIMENSIONAL REGULATIONS FOR PRIMARY ZONING DISTRICTS (1) (2) (3) (4) (5) MINIMUM SETBACKS AND BUILDING BULK REQUIREMENTS ZONING DISTRICT MINIMUM SETBACKS 1 (in feet) MAXIMUM HEIGHT OF BUILDINGS FROM FRONT PROPERTY LINE FROM SIDE PROPERTY LINES FROM REAR PROPERTY LINE ³ For Government Offices/Fire/Rescue/Police Stations, setbacks may be reduced for the expansion of or new construction of any fire & rescue building, provided that the proposed building or addition is no more less than 50 from the front property line and 15 from the side and rear property lines. Otherwise, a variance must be approved by the BZA.