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Appendix A
ZONING*
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* Editors Note: The Zoning Ordinance is set out as adopted by the Board of Supervisors on Sept. 3, 1987, including
amendments made through Feb. 2003. The original arrangement, article heading, catchlines and subcatchlines have been
retained. Future amendments will be indicated by history notes appearing in parentheses at the end of the amended sections.
Obvious misspellings have been corrected without notation and material enclosed in brackets [ ] has been added by the editor
for clarity. For stylistic purposes, the same system of capitalization, expression of numbers, etc., has been utilized in the text
as is in the body of the Code.
State Law References: Zoning ordinances generally, Code of Virginia, § 15.2-2280 et seq.; intra-district uniformity
of regulations, Code of Virginia, § 15.2-2282; purpose of zoning ordinances, Code of Virginia, § 15.2-2283.
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Article 1. General Provisions
Sec. 1.1. Purpose.
Sec. 1.2. Enactment.
Sec. 1.3. Title.
Sec. 1.4. Effective date.
Sec. 1.5. Purpose of regulations.
Sec. 1.6. Official zoning map.
Sec. 1.7. Application of regulations.
Sec. 1.8. Intent, where in conflict with other regulations or agreements.
Sec. 1.9. Definitions of terms.
Sec. 1-10. Nonconforming uses.
Sec. 1-11. Severability.
Sec. 1-12. Repeal of conflicting zoning ordinances.
Article 2. District Regulations
Sec. 2.1. Zoning districts and maps created.
Sec. 2.2. Interpretation of zoning district boundary lines.
Sec. 2.3. A-1 Limited agricultural district regulations.
Sec. 2.4. A-2 Rural agricultural district regulations.
Sec. 2.5. A-3 General agricultural district regulations.
Sec. 2.6. R-1 One-family dwelling district regulations.
Sec. 2.7. R-2 General dwelling district regulations.
Sec. 2.8. R-3 Multifamily dwelling district regulations.
Sec. 2.9. C-1 Retail commercial district regulations.
Sec. 2.10. C-2 General trade district regulations.
Sec. 2.11. I-1 Industrial light district regulations.
Sec. 2.12. Industrial district regulations.
Sec. 2.13. Resort community district (RC).
Article 3. General Regulations
Sec. 3.1. General.
Sec. 3.2. Lot frontage requirements.
Sec. 3.3. More than one main structure on a lot.
Sec. 3.4. Temporary dwellings.
Sec. 3.5. Temporary offices and storage buildings.
Sec. 3.6. Government property.
Sec. 3.7. Planned subdivision lots.
Sec. 3.8. Accessory uses and structures.
Sec. 3.9. Regulations concerning required yards.
Sec. 3.10. Height regulations.
Sec. 3.11. Sign regulations.
Sec. 3.12. Off-street parking requirements.
Sec. 3.13. Off-street loading spaces.
Sec. 3.14. Restricted keeping of inoperative vehicles.
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Article 4. Supplementary Regulations
Sec. 4.1. Mobile home park.
Sec. 4.2. Outdoor theater.
Sec. 4.3. Recreational vehicle (R.V.) parks/campgrounds.
Sec. 4.4. Sand or gravel extraction industry.
Sec. 4.5. Service station.
Sec. 4.6. Land application of Class "A" sludge.
Sec. 4.7. Structures for public utility uses not involving outside storage.
Sec. 4.8. Veterinary clinic.
Sec. 4.9. Water pumping and storage.
Sec. 4.9a. Shared water system.
Sec. 4.10. Water or sewage treatment plants.
Sec. 4.11. Exploratory drilling for oil and/or natural gas.
Sec. 4.12. Standards for telecommunication facilities.
Article 5. Administration and Enforcement
Sec. 5.1. Zoning administrator established.
Sec. 5.2. Duties of the zoning administrator.
Sec. 5.3. Procedures for amending the zoning ordinance.
Sec. 5.4. Procedures for special exception.
Sec. 5.5. Site plan required.
Sec. 5.6. Appeals and variances.
Sec. 5.7. Appeal to circuit court.
Sec. 5.8. Filing fees.
Article 6. Violations and Penalties
Sec. 6.1. Violations.
Sec. 6.2. Remedies not exclusive.
Sec. 6.3. Complaints.
Article 7. Site Plan Regulations
Sec. 7.0. Purpose and intent.
Sec. 7.1. Development of land use requiring a site plan.
Sec. 7.2. Fee to be paid at time of subdivision [submission].
Sec. 7.3. General information required on site plan and preparation of site plan.
Sec. 7.4. Preliminary site plans.
Sec. 7.5. Final site plan.
Sec. 7.6. Standards and required improvements.
Sec. 7.7. Administration and procedures for processing site development plans.
Article 8. Chesapeake Bay Preservation Area Overlay District
Sec. 8.1. Title.
Sec. 8.2. Findings of fact.
Sec. 8.3. Purpose and intent.
Sec. 8.4. Definitions of terms.
Sec. 8.5. Areas of applicability.
Sec. 8.6. Use regulations.
Sec. 8.7. Lot size.
Sec. 8.8. Required conditions.
Sec. 8.9. Conflict with other regulations.
Sec. 8.10. Interpretation of resource protection area boundaries.
Sec. 8.11. Performance standards.
Sec. 8.12. Water quality impact assessment.
Sec. 8.13. Plan of development process.
Sec. 8.14. Nonconforming use, nonconforming structures.
Sec. 8.15. Exemptions.
Sec. 8.16. Variance.
Article 9. Floodplain Management Overlay District
Sec. 9.1. Title.
Sec. 9.2. Purpose.
Sec. 9.3. Applicability.
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Sec. 9.4. Compliance and liability.
Sec. 9.5. Description of the district.
Sec. 9.6. Overlay district concept.
Sec. 9.7. Official map.
Sec. 9.8. District boundary changes.
Sec. 9.9. Interpretation of district boundaries.
Sec. 9.10. Definitions.
Sec. 9.11. District regulations.
Sec. 9.12. Coastal high-hazard areas.
Sec. 9.13. Design criteria for utilities and facilities.
Sec. 9.14. Variances: facts to be considered.
Sec. 9.15. Existing structures in floodplain areas.
Article 10. Highway Corridor Overlay District
Sec. 10.1. Title.
Sec. 10.2. Purpose.
Sec. 10.3. Areas of applicability.
Sec. 10.4. Development standards.
Sec. 10.5. Access and internal circulation standards.
Sec. 10.6. Sign design standards.
Article 11. Residential Cluster Provisions
Sec. 11.1. Purpose.
Sec. 11.2. Applicability.
Sec. 11.3. Where cluster developments are permitted.
Sec. 11.4. Relationship with other applicable regulations.
Sec. 11.5. Density and dimensional requirements.
Sec. 11.6. Permitted uses.
Article 12. Sexually Oriented Businesses
Sec. 12.1. Title.
Sec. 12.2. Purpose.
Sec. 12.3. Definitions.
Sec. 12.4. Permitted uses.
Sec. 12.5. Violations.
ARTICLE 1.
GENERAL PROVISIONS
Sec. 1.1. Purpose.
To establish comprehensive zoning regulations for the County of King George by setting forth
general provisions and other provisions which divide the area of the county into districts; establish
district boundaries on a zoning district map; specify regulations for each district and set forth procedures
for administering, interpreting and amending the regulations hereby established.
Sec. 1.2. Enactment.
It is the desire of the Board of Supervisors of King George County to carry out the general
purpose and objectives of title 15.1, chapter 11, article 4, of the Code of Virginia 1950, as amended, and
pursuant thereto said board on October 4, 1984, adopted a comprehensive plan for the physical
development of the territory within its jurisdiction;
Now, therefore, be it ordained by the Board of Supervisors of King George County that the
following Ordinance be enacted.
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Sec. 1.3. Title.
This ordinance shall be known and cited as the "Zoning Ordinance of King George County,
Virginia."
Sec. 1.4. Effective date.
Upon adoption and certification thereof, the Zoning Ordinance of King George County shall be
effective 10:00 p.m., Thursday, September 3, 1987.
Sec. 1.5. Purpose of regulations.
This ordinance shall be for the general purpose of promoting health, safety or general welfare of
the public and of further accomplishing the objectives of sections 15.1-427 and 15.1-489 of the Code of
Virginia 1950, as amended.
For the purpose of this ordinance, permitted uses are listed for the various districts. Unless the
contrary is clear from the context of the lists or other regulations of this ordinance, uses not specifically
listed are prohibited.
Sec. 1.6. Official zoning map.
King George County is hereby divided into districts, as indicated on a set of sheets entitled
"Zoning Map of King George County, Virginia" which, together with all explanatory matter thereon, is
hereby adopted by reference and declared to be a part of this ordinance.
The zoning map shall be identified by the signature or the attested signature of the chairman of
the board of supervisors, together with the date of adoption of this ordinance.
Regardless of the existence of purported copies of the official zoning map, which may from time
to time be made or published, the official zoning map, which shall be located in the office of the clerk of
circuit court, shall be the final authority as to the current zoning status of land and water areas, buildings
and other structures in the county.
(1) Amendment of zoning map. Whenever any amendment is made to the zoning map by
action of the board of supervisors such change shall be incorporated onto such zoning
map at such time in such a manner as the board of supervisors may prescribe. Said
changes shall be validated with reference to correct notation by zoning administrator,
who shall affix his signature thereto, thereby certifying that approved amendments to the
zoning map have been correctly incorporated. The date of official action and nature of the
change shall be entered on the map.
(2) Unauthorized changes. No changes of any nature shall be made on said zoning map or
any matter shown thereon except in conformity with the procedures and requirements of
this ordinance. It shall be unlawful for any person to make unauthorized changes on the
zoning map. Violations of this provision shall be punishable as provided in article 6 of
this ordinance.
Sec. 1.7. Application of regulations.
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The regulations set by this ordinance within each district shall be minimum or maximum
limitations as appropriate to the case and shall apply uniformly, to each class or kind of structure or land,
and particularly except as hereinafter provided:
1.7.1. Use, occupancy and construction. No building, structure, or land shall hereafter be used
or occupied, and no building or structure or part thereof shall hereafter be constructed
except in conformity with all of the regulations herein specified for the district in which it
is located. Any change of use or new construction shall require issuance of a zoning
permit from the zoning administrator.
1.7.2. Height, bulk, density, lot coverage, yards and open spaces. No building or other structure
shall hereafter be erected or altered:
a. To exceed the height or bulk limitations;
b. To have narrower or smaller rear yards, front yards, side yards, or other open
spaces than herein required; or,
c. In any other manner contrary to the provisions of this ordinance.
1.7.3. Required yard, open space area, parking or loading space for one structure, or use, not to
be used to meet requirements for another. No part of a yard, or other open space area, or
off-street parking or loading space required about or in connection with any building for
the purpose of complying with this ordinance, shall be included as part of a yard, open
space, area, or off-street parking or loading space similarly required for any other
building.
1.7.4. Reduction of lots or areas below minimum prohibited. No lot or area existing at
the time of passage of this ordinance shall be reduced in dimension area below the
minimum requirements set forth herein. Lots or areas created after the effective
date of this ordinance shall meet at least the minimum requirements established
by this ordinance.
1.7.5. Reduction of yards below minimum. No yard existing at the time of passage of
this ordinance shall be reduced in dimension below the minimum requirements set
forth herein, unless a variance has been granted in accordance with article 5
hereof. Yards created after the effective date of this ordinance shall meet at least
the minimum requirements established by this ordinance.
1.7.6. Reduction of required off-street parking or loading space. No existing off-street
parking or loading space, and no off-street parking or loading space hereafter
provided, which meets all or part of the requirements for off-street parking or
loading space set forth in these regulations, shall be reduced or eliminated so that
the reduction results in area not meeting requirements or standards contained
herein. Reductions may be permitted where spaces are no longer required by these
regulations or alternative spaces meeting the requirements of these regulations are
provided.
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Sec. 1.8. Intent, where in conflict with other regulations or agreements. 1
Whenever the regulations of this ordinance require a greater size of lot, width of yards or other open spaces, a lower height of
building or number of stories, or otherwise impose other higher standards than are required in any other local
ordinance or regulation, the provisions of this ordinance shall govern. But whenever any other regulation of any
county or state or regional agency having jurisdictional [jurisdiction] shall impose more restrictive standards than
are required by this zoning ordinance, such regulations shall govern. Whenever the provisions of this chapter
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 to be left unoccupied or impose other higher standards than are
required in any other statute or ordinance or regulation, the provisions of this chapter shall govern. 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 chapter, the provisions of such statute or
ordinance or regulation shall govern.
It is not intended by this ordinance to interfere with or annul any contracts, easements, covenants
or other private agreements; provided, however, that in cases where the zoning ordinance imposes a
greater restriction than a private agreement, the zoning ordinance shall prevail.
Sec. 1.9. Definitions of terms.
1.9.1. General usage. For the purpose of this ordinance, certain words and terms are herein
defined as follows:
Words used in the present tense include the future tense; words in the singular number include
the plural number and words in the plural number include the singular number; unless the obvious
construction of the wording indicates otherwise.
The word "shall" is mandatory.
Unless otherwise specified, all distances shall be measured horizontally and at right angles to the
line in relation to which the distance is specified.
The word "building" includes the word "structure"; the word "lot" includes the words "plot" and
"parcel."
The word "used" shall be deemed also to include "erected," "reconstructed," "altered," "placed,"
or "moved."
The terms "land use" and "use of land" shall be deemed also to include "building use" and "use
of a building."
The word "state" means the Commonwealth of Virginia.
The word "county" means the County of King George, Commonwealth of Virginia, and the term
"county boundary" means any exterior boundary of the county or any boundary of unincorporated
1
Legal Analysis: Zoning Ord. § 1.8. Intent, where in conflict with other regulations or agreements. Conformed first
paragraph to Code of Virginia, § 15.2-2315.
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territory within the county.
The word "person" includes a firm, association, organization, partnership, trust, company, or
corporation as well as an individual.
The term "Code of Virginia" shall include "as amended."
The word "adjacent" means "nearby" and not necessarily "contiguous."
1.9.2. Interpretation by zoning administrator. In case of any dispute over the meaning of a
word, phrase or sentence, whether defined herein or not, the zoning administrator is hereby authorized to
make a definitive determination thereof, being guided in such determination by the purpose and intent of
this ordinance as set forth in article 1, provided however that an appeal may be taken from any such
determination as provided in subsection 5.6.7.
1.9.3. Specific definitions.
Accessory building, use, or structure. A subordinate building, use of land, structure, or a portion
of a main building or use which is clearly incidental to or customarily found in connection with and
located on the same lot as the main building or use.
Acreage, gross. The total area within a tract of land before dedication for roads, open spaces or
other public uses but not including rights-of-way, easements owned by others or marshlands/wetlands
within a development.
Administrator, zoning. An individual appointed by the board of supervisors and authorized to
administer and enforce this ordinance.
Agriculture. Any activity involving the growing or raising of food or raw material by tilling the
soil, raising of crops, keeping or raising of farm animals and including incidental agricultural business,
as fruit packing plants, dairies or similar uses.
Airport, commercial. Any area of land or water which is used, or intended for public use, for the
landing and takeoff of aircraft, and any appurtenant areas which are used, or intended for use for airport
buildings or other airport facilities or rights-of-way easements and together with all airport buildings and
facilities located thereon.
Airport, private. Same as commercial airport except limited to use by an individual property
owner, his family, employees and guests.
All-weather road. A road having a significant gravel base which is free of objectionable dust and
passable under all conditions of weather.
Alteration. Any change in the supporting members of a building or structure including bearing
walls, partitions, columns, beams, girders or similar parts of a building structure; or change in the total
floor area or use of an existing building or structure.
Amendment. A change in the text or in the official zoning district map which is a part of this
ordinance.
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Amusements enterprises. Establishments in which a principal use is in the operation of
mechanical, electronic and/or coin-operated games and/or devices for the general amusement of the
public. This definition shall include pool halls and billiard parlors.
Apartment. A building containing three or more dwelling units for rent (an apartment house).
Application. A written request for a zoning permit, an amendment, special exception or for
action by the board of zoning appeals which has been properly executed on forms supplied by the
zoning administrator.
Automobile repair facility. Buildings and premises where the following services may be
provided and sales made:
a. Major mechanical and body work.
b. Straightening of frames and body parts.
c. Steam cleaning, painting and welding.
d. Upholstering and replacement of glass.
Permissible uses do not include storage of automobiles not in operating condition or salvage operations.
Bed and breakfast. Any establishment having no more than 15 bedrooms, offering to the public,
for compensation, transitory lodging or sleeping accommodations, and offering at least one meal per
day, which may but need not be breakfast, to each person to whom overnight lodging is provided.
Bed and breakfast inn. Any establishment having no more than 15 bedrooms, offering to the
public, for compensation, transitory lodging or sleeping accommodation, and offering at least one meal
per day, which may but need not be breakfast, to each person to whom overnight lodging is providing.
The term shall also include catered group functions, such as luncheons, dinners, wedding and receptions
and/or the operation of a restaurant.
Boardinghouse or rooming house. A building other than a motel where meals and/or lodging for
compensation are provided for three or more persons.
Building. Any structure having a roof supported by columns, walls or other means.
Building height. The vertical distance from the average grade to the highest point of the roof
surface.
Building line. Straight line distance from boundary to boundary of the lot at the rear of the
required front yard.
Building, main. A building in which is conducted the principal use of the lot on which it is
situated. In any residential zone, any dwelling shall be deemed to be a main building on the lot on which
the same is located if the lot is used primarily for residential purposes.
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Building, public. A building, or part thereof, owned or leased and occupied by an agency or
political subdivision of the United States of America, the Commonwealth of Virginia of King George
County.
Building, semipublic. A building part, or part thereof, owned or leased and occupied by a
nonprofit organization and which is primarily used for nonprofit activities.
Building setback line, required. An imaginary line extending between the side lot lines which is
paralleled to and measured at the building line and which defines the closest point to the street right-of-
way that any portion of a building may be located.
Churches and/or other places of worship. Any structure, the primary use of which is for religious
services. The term "church" shall not carry a secular connotation and shall include buildings in which
the religious services of any denomination are held. A church and/or other place of worship as defined
under this section shall not include the operation of daycare and/or a nursery school, nothing this in
section shall prohibit a church and/or other places of worship from applying for the appropriate permits
to operate a daycare and/or nursery school.
Clinic. An establishment where patients, who are not lodged overnight, are offered and receive
health services.
Club. An organization using a building, premises or facility operated for special, educational or
recreational purposes, but not for profit or to render a service which is customarily carried on as a
business.
Community center. A building, group of buildings or other place designed and/or used for the
cultural, educational and/or recreational activities of the inhabitants of a definable geographic area and
not operated for profit.
Community sewer systems. A sewer system owned and operated by a sanitary district, public
service authority, municipality or county, or owned and operated by a corporation and properly
chartered and certified by the State Corporation Commission, and subject to special regulations of the
Virginia Department of Health, State Water Control Board and as herein set forth.
Contractors equipment yard. An establishment where equipment including, construction
machinery, equipment vehicles and other material used for construction purposes is stored and/or
maintained.
Day camp. A lot or tract of land on which any or all of the following facilities may be provided
for nonresidents; camping, picnicking, boating, fishing, swimming, outdoor games and sports, and
activities incidental to the above but not including motorized amusement devices or permanent
structures for housing of guests.
Day care facility. A building and premises used to provide supervision and/or instruction of
nonresidents and where meals, toilet facilities and recreation facilities are provided.
Dental laboratory. A building wherein the primary occupation and use of the structure is the
manufacture of dental prosthetics.
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Dustless surface. A surface adequately covered, in accordance with good construction standards,
with a minimum of either two applications of bituminous surface treatment, concrete, or bituminous
concrete, or equivalent paving material approved by the zoning administrator and maintained in good
condition at all times.
Dwelling, farm. A residential building or portion thereof designed or used primarily for
residential purposes as associated with a farm operation.
Dwelling, industrialized building unit (modular home). A building assembly or system of
building subassemblies, including the necessary electrical, plumbing, heating, ventilation and other
service systems, manufactured off-site and transported to the point of use for installation or erection,
with or without other specified components, as a finished building or as a part of a finished building
comprising two or more industrialized building units, and not designed for ready removal to or
installation or erection on another site. For the purpose of this ordinance, an industrialized building unit
shall be deemed a single-family dwelling and shall not be deemed a mobile home dwelling.
Dwelling, manufactured home (mobile home on a permanent foundation). A structure,
transportable in one or more sections, which in the traveling mode is eight body feet or more in width or
40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on
a permanent chassis and designed to be connected to the required utilities and includes the plumbing,
heating, air conditioning and electrical systems contained herein and constructed on a permanent
foundation.
Dwelling, one family (single-family). A residential building designed for or occupied exclusively
by one family.
Dwelling, multifamily. A building containing three or more dwelling units.
Dwelling, multifamily, elderly, etc . . . . A residential living facility which includes buildings and
structures which house six or more individuals who because of age, mental disability or other reasons,
must live in a supervised environment but who are physically capable of responding to an emergency
situation without personal assistance. To include both assisted living and independent living or
combination of assisted living and independent living facilities.
Dwelling, single-family attached (townhouse). One of a group of three to eight units arranged or
designed as dwellings located on abutting walls without openings, and with each unit having a separate
lot with minimum dimensions required by district regulations.
Dwelling, two-family (duplex). A building containing two dwelling units.
Dwelling unit. One room, or rooms connected together, constituting a separate, independent
housekeeping establishment physically separated from any other dwelling units which may be in the
same structure, and containing independent cooking, sleeping and bath facilities.
Family. One or more persons occupying a single dwelling unit.
Family day home. A child care program offered in the residence of the provider or the home of
any children in care for one to five children under the age of 13, exclusive of the provider's own children
and any children who reside in the home, when at least one child receives care for compensation.
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Farm. A parcel of contiguous land of ten or more gross acres used for the purpose of agriculture.
Farm animal. Those customarily associated with agricultural activities, including but not limited
to horses, cattle, sheep, goats and/or swine.
Farm tenant. An individual, other than the primary resident, who, along with his family, is
provided a residence on an operating farm as partial compensation for his labor and whose primary
source of income is derived from the farm on which he resides.
Fast-food restaurant. Any establishment which provides as a principal use wrapped and/or
packaged food and drink which is ready for consumption on or off-premises.
Flea market. A building or open area in which stalls or sales areas are set aside, and rented or
otherwise provided, and which are intended for use by various unrelated individuals to sell articles that
are either homemade, homegrown, hand-crafted, old, obsolete, or antique and may include the selling of
goods at retail by businesses or individuals who are generally engaged in retail trade. This definition
shall not include private garage and private yard sales.
Garage, private. An accessory building intended for storage of motor vehicles which are owned
and used by the occupants of the dwelling unit.
Garage, commercial. A building or portion thereof, other than a private garage, designed or used
for repairing, servicing, equipping or storing motor vehicles in exchange for compensation.
General store. A store offering for sale, but not limited to, such items as food, clothing, sundries,
conveniences, general hardware articles, sporting goods. Motor vehicle fuels and supplies may also be
offered for sale, but only as a secondary activity.
Governing body. The Board of Supervisors of King George County, Virginia.
Grade. The average elevation of finished ground surface adjacent to the front exterior walls of
the building.
Group home. A residential living facility in which no more than eight mentally ill, mentally
retarded, or developmentally disabled persons reside, with one or more resident counselors or other staff
persons. A group home shall be considered as residential occupancy by a single family. 2
Health officer. The legally designated health authority of the state board of health for the county
or his authorized representative.
Heavy equipment sales, rental and service. One or more buildings and premises for the sale,
rental and or servicing of farm and construction machinery or equipment vehicles with a carrying
capacity of more than two tons or vehicles designed for more than 15 passengers.
Home occupation. Any occupation, profession, enterprise or activity conducted in a dwelling
2
Legal Analysis: Zoning Ord. § 1.9.3. Specific definitions. Ungarbled the definition of group home.
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unit by one or more members of a family on the premises which is incidental and secondary to the use of
the premises for dwelling, provided that:
(a) Such occupation shall not require external alterations of the building, [and]
(b) Not more than one person not a member of the family is employed on the premises,
[and;]
(c) There shall be no group assembly or activity or display of goods or products that will
indicate from the exterior that the building is being utilized in part for any purpose other
than that of a dwelling.
When within the above requirements, a home occupation includes but is not limited to the following:
(a) Art or crafts studio/shop,
(b) Musical instruction,
(c) Dressmaking,
(d) Professional office of a physician, dentist, minister, lawyer, engineer, architect,
accountant, salesman or other similar occupations,
(e) Tutoring,
(f) Keeping of roomers or boarders.
A home occupation shall not be interpreted to include the conduct of nursing homes, convalescent
homes, rest homes, restaurants, tourist home, day care centers, massage parlors or similar establishments
offering services to the public.
Hospital (sanitarium, sanitorium). Any institution receiving in-patients and rendering medical,
surgical and/or obstetrical care. This shall include general hospitals and institutions in which service is
limited to special fields such as cardiac, eye, ear, nose and throat, pediatric, orthopedic, skin and cancer,
mental, tuberculosis, chronic disease and obstetrics. The term "hospital" shall also include sanitariums
and sanitoriums including those wherein feeble-minded and mental patients, alcoholics, senile
psychotics and drug addicts are treated or cared for under supervision of licensed medical personnel.
Inoperative vehicle. Any motor vehicle which is not in operating condition; or which for a period
of 60 days or longer has been partially or totally disassembled by the removal of tires and wheels, the
engine, or other essential parts required for operation of the vehicle or on which there are displayed
neither valid license plates nor a valid inspection decal.
Intermediate materials recovery facility (IMRF). A facility for the collection, compaction,
storage, and transfer of residentially and commercially generated recyclable materials, limited to glass,
paper, plastic, polystyrene and metal cans, for processing off-site. Separation may include both hand and
mechanical sorting. All activities must be conducted inside an enclosed building. The recovery and/or
separation of municipal solid waste is not allowed.
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Junkyard. Any establishment or place of business which is maintained, operated or used for
storage, keeping, buying or selling old or scrap cooper, brass, rope, rags, batteries, paper, trash, rubber,
debris, waste or junked or dismantled or wrecked automobiles, or parts thereof, iron, steel and other old
or scrap materials, operation of an automobile graveyard.
Kennel, commercial. Any place which is equipped and/or used to house, board, breed, handle,
train or otherwise care for three or more dogs for sale or in return for compensation.
Kennel, private. Any place which is equipped and/or used to house, board, breed, handle, train or
otherwise care for three or more dogs for which no compensation is received and where dogs are not
normally for sale.
Laundry/dry cleaning plant. Establishment that provides services to bulk laundry customers for
the washing, drying, and/or ironing of clothes, uniforms, linens, etc.
Laundry service. Establishment that provides services to individual customers for the washing,
drying and/or ironing of clothes. This definition shall include coin operated and self-service facilities.
Loading space. Any off-street space available for loading or unloading of goods from a truck or
similar vehicle.
Lot. A parcel of land occupied or to be occupied by a building and its accessory buildings or by
group dwellings and their accessory buildings, together with such open spaces as are required under the
provisions of this ordinance, having at least the minimum area required by this ordinance for a lot in the
zone in which such lot is situated.
Lot area. The total horizontal area included within the rear, side, and front lot lines or proposed
street lines of the lot, excluding easements for streets or highways, whether dedicated or not dedicated to
public use. Lot area for the purpose of satisfying minimum area requirements shall not include portions
under water except where the total area of a body of water is within the lot and/or constitutes less than
20 percent of the lot area.
Lot, corner. A lot abutting on two or more streets at their intersection, where the interior angle of
the intersection does not exceed 135 degrees.
Lot, depth of. The average horizontal distance between the front lot line and the rear lot line,
measured along a straight line.
Lot frontage. The distance from which the front boundary line of the lot coincides with the
abutting street or road. Yards shall be provided as indicated under yards in this section.
Lot interior. Any lot other than a corner lot, but including a through lot.
Lot, through. An interior lot, fronting on two parallel or approximately parallel streets.
Lot width. The horizontal distance between the side lot lines measured at the building line.
Lot, pipestem. A lot approved in accordance with the provisions of the subdivision ordinance,
which does not abut a public street other than by its driveway which affords access to the lot.
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Manufactured home. (See Dwelling, manufactured home.)
Manufacturing. The processing and/or converting of raw unfinished materials or products, or
either of them, into articles or substances of different character, or for a different purpose.
Marina, commercial. Dock or similar structure which provides for boat mooring and related
services to the general public for a fee.
Marina, private. A dock or similar structure which provides for boat moorings and related
services for private use only.
Mobile home. (See Dwelling, manufactured home.)
Mobile home park. An area designed, constructed, equipped, operated and maintained for the
purpose of providing spaces for two or more mobile homes intended for use as occupied dwelling units
and meeting or exceeding all applicable requirements for mobile home parks as stipulated by the County
of King George and the Commonwealth of Virginia.
Modular home. (See Dwelling, industrialized building unit.)
Motel. Any group of lodging units, combined or separated, used for the purpose of housing
transient guests, each unit of which is provided with its own sleeping, toilet, bath and off-street parking
facilities.
Motor vehicle. Every vehicle which is self-propelled or is designated for self-propulsion, any
structure designed, used, or maintained primarily to be loaded on or affixed to a motor vehicle to
provide a mobile dwelling, sleeping place, office, or commercial space shall be considered a part of a
motor vehicle. For the purposes of this ordinance, any device herein defined as a bicycle or a moped
shall be deemed not to be a motor vehicle.
Noncommunity water system. See water and/or pumping facilities.
Nonconforming building. A structure which, due to excessive height or its location on a lot, does
not comply with the requirements of the district in which it is located.
Nonconforming lot. An otherwise legally platted lot that does not conform to the area or width
requirements of this ordinance for the district in which it is located, either at the effective date of this
ordinance or as a result of subsequent amendments to this ordinance.
Nonconforming use. A use that is not permitted by the zoning regulations of the district in which
it is located.
Nursery school. Any facility operated for the care and educational instruction of children under
six years of age.
Nursing home. A residential living facility, which includes buildings and structures used for
medical, surgical, psychiatric, nursing or custodial care on a 24-hour basis of six or more persons who
are not capable of self-preservation.
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Parking lot, public. An open area used or required for use for parking of four or more motor
vehicles exclusively and operated either with or without charge.
Personal service establishment. A place of business providing services related to personal
grooming, appearance or cleanliness.
Pipestem driveway. A driveway or means of access to a lot or several lots, which do not abut a
street other than by the pipestem driveway which is a part of the lot(s).
Pipestem lot: See Lot, pipestem.
Pier, commercial. A wharf, dock, quay or other structure which provides access to or from a
body of water from land for recreational or commercial activity where a user fee is required or the use of
the pier involves goods which are introduced into commerce.
Pier, private. A wharf, dock, quay or other structure which provides access to or from a body of
water from land for private use.
Premises. A lot or parcel, together with any building or structure thereon.
Public use. Any use for exclusively public purposes without reference to ownership of the
building or structures or the realty upon which it is situated by any department or branch of the federal
government; Commonwealth of Virginia; or King George County government under the direct authority
of the board of supervisors; the King George County School Board; the King George County Service
Authority; King George County Wireless Authority when such uses are implemented under the direct
authority of the board of supervisors through the capital improvements program; or any licensed public
utility. Any exclusion from zoning compliance under this definition shall not affect any requirement for
compliance with Code of Virginia, § 15.1-456 or section 32-201.20.1 of this chapter.
Public water and sewer systems. (See Community sewer systems and see water storage and/or
pumping facilities)
Recreational enterprises. Enterprises where the principal use is the operation of recreational
enterprises, such as bowling alleys, skating rinks, swimming pools, tennis/racquet ball courts, miniature
golf courses, health spas and dance halls.
Recreational equipment, major. Any travel trailer, pickup camper, motorized dwelling, tent
trailer, boat and trailer, houseboat or similar transportable property, as well as cases or boxes used for
transporting such equipment, whether occupied by such equipment or not.
Recreational facility. An establishment where facilities are provided for physical exercise, games
or sports but not including mechanical or electrical amusement devices.
Recreation facility, community. A facility or facilities that are noncommercial, indoor/outdoor,
including, but not limited to, swimming pools, walking, riding or biking trails, tot lots, playgrounds,
picnic areas, tennis, racquetball, handball, basketball, or other similar courts, community club house or
other similar uses all on land held by the owner/developer or homeowner association or similar
membership organization whose members include all the property owners within a major subdivision as
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defined by the King George County Subdivision Ordinance or townhouse development.
Recreational vehicle park. A parcel of land intended for occupancy by R.V. units for transient
dwelling purposes.
Recreational vehicle unit, dependent. A unit other than a self-contained unit.
Recreational vehicle unit (R.V.). A trailer, pickup camper, motor home, tent trailer, tent or
similar device used for temporary portable housing.
Recreational vehicle unit, self-contained. A unit which contains a water flushed toilet, lavatory,
shower and kitchen sink, all of which are integrally connected to water storage and sewage holding
tanks located within the unit.
Recreational vehicle unit space. A parcel of land in a recreational vehicle park for the placement
of a single unit and the exclusive use of its occupants.
Recycling plant. A facility that is not a junkyard/salvage yard and in which recoverable
resources, not to include sludge or municipal solid waste, such as newspapers, magazines, books, and
other paper products; glass; metal cans; tires; oil; and other products, are recycled, reprocessed, and
treated to return such products to a condition in which they may again be used for production. All
activities, including storage, must be conducted within an enclosed building and not producing noxious
fumes, odors, visible emissions, excessive noise or air or water pollution in violation of state regulated
standards.
Repair service establishment. Any building wherein the primary occupation is the repair and
general service of common home appliances such as musical instruments, sewing machines, televisions
and radios, washing machines, vacuum cleaners, power tools, electric razors, refrigerators and lawn
mowers not exceeding 30 horsepower; or any building wherein the primary occupation is interior
decorating, including reupholstering and the making of draperies, slipcovers and other similar articles.
All activities, including storage, must be within an enclosed building.
Restaurant. A coffee shop, cafeteria, short-order cafe, lunchroom, hotel dining room, dinner
theater, tavern, soda fountain, or any other establishment maintained and operated where there is
furnished for compensation food or drink of any kind for consumption primarily therein. Entertainment
which is provided for the enjoyment of the patrons shall be considered an accessory to an eating
establishment (fast-food restaurants shall not be included within the meanings of their definitions).
Retail sales. Any building wherein the primary occupation is the sale of merchandise in small
quantities, not in bulk, for use or consumption by the immediate purchaser. The term shall not include
pawn shops, vehicle sales/ service, or fast food restaurants. All business/activities must be conducted
entirely within an enclosed structure.
Riding stable, private. A facility where horses are kept for the use and enjoyment of the horse
owners for which no compensation is involved.
Riding stable, commercial. Any facility where horses are cared for, boarded or let for hire.
Sanitary station. A facility used for removing and disposing of waste from recreational vehicle
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unit holding tanks.
Semitrailer. Every vehicle of the trailer type so designed and used in conjunction with a motor
vehicle that some part of its own weight and that of its own load rests on or is carried by another vehicle.
Service building. A structure housing toilet, lavatory and such other facilities as may be required
by article 4, section 4.3 of this ordinance.
Service stations. Service stations shall be considered as buildings and premises where gasoline,
oil, grease, batteries, tires and automobile accessories may be supplied and dispensed at retail, and
where in addition the following services may be rendered and sale made:
a. Sale and servicing of spark plugs, batteries, and distributor parts.
b. Tire servicing and repair, but not recapping or regrooving.
c. Replacement or adjustment of mufflers and tail pipes, water hoses, fan belts, brake fluid,
light bulbs, fuses, floor mats, seat covers, windshield wiper blades, grease retainers,
wheel bearings, mirrors and the like.
d. Radiator cleaning and flushing, provisions of water, antifreeze and the like.
e. Washing and polishing, and sale of automobile washing and polishing materials.
f. Greasing and lubrication.
g. Providing and repairing fuel pumps, oil pumps and lines.
h. Servicing and repair of carburetors.
i. Emergency wiring repairs.
j. Adjusting and repair of brakes.
k. Minor motor adjustments.
l. Provisions of cold drinks, package foods, tobacco, and similar convenience goods for
gasoline supply station customers, but only as accessory and incidental to principal
operation.
m. Provision of road maps and other information and material to customers; provisions of
rest room facilities.
n. Towing service.
Uses permissible at a service station do not include major mechanical and body work, straightening of
frames or body parts, steam cleaning, painting, welding, storage of automobiles not in operating
condition, or any activity involving noise, glare, fumes, smoke or other characteristics to an extent
greater than normally found in automobile service stations.
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Setback. Horizontal distance from the street right-of-way or property line to the nearest required
yard line.
School, private. A facility that provides a curriculum of elementary and/or secondary academic
instruction including kindergartens, elementary schools, junior high schools, high schools and colleges
which are owned and operated privately. This definition shall be construed as being inclusive of all
buildings, structures, grounds and uses that are associated with the organization of the school including,
but not limited to administration buildings, athletic fields, cafeterias, chapels, classrooms, dormitories,
laundries, staff housing, and other similarly used buildings.
Shared water system. A system for supply and distribution of potable water serving a maximum
of two connections and less than 25 persons (additional requirements in section 4.9).
Sign. For definitions pertaining to signs, see article 3, section 3-11 of this ordinance.
Site plan, final. A detailed drawing showing proposed development of a lot or tract of land
indicating accurate boundary lines and exact horizontal dimensions for existing and proposed structures,
pavement, utilities and easements; and such other information as may be required by the governing
body.
Site plan, preliminary. A drawing showing proposed development of a lot or tract of land
indicating accurate boundary lines and approximate locations and dimensions of existing and proposed
structures, pavement, easement; and such other information as may be required by the governing body.
Special exception. A use allowed within a specific zoning district only upon approval of the
governing body subject to such safeguards and conditions as may be imposed for a specific activity and
location.
Store, general. (See General store.)
Street/road. A thoroughfare which provides the principal means of access to abutting property.
Street line. The dividing line between a lot, tract or parcel of land and a contiguous street.
Structure. An assembly of materials forming a construction for occupancy or use including,
among others, buildings, stadiums, gospel and circus tents, platforms, stagings, observation towers,
radio and TV broadcasting towers, water tanks, trestles, piers, open sheds, coal bins, shelters, walls,
power line towers, pipelines and railroad tracks.
Telecommunication facility. Any structure that is designed and constructed primarily for the
purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or
monopole towers. The term includes radio and television transmission towers microwave towers,
common-carrier towers, cellular telephone towers, alternative tower structures, and the like.
Townhouse. (See Dwelling, single-family attached.)
Trailer. Every vehicle without motive power designed for carrying property or passengers
wholly on its own structure and for being drawn by a motor vehicle, including mobile homes.
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Travel trailer. Travel trailers are distinguished from mobile homes and may consist of any of the
following:
a. A vehicular, portable structure built on a chassis, designed as a temporary residence for
travel, recreation and vacation, having a body width not exceeding eight feet.
b. A trailer having sleeping and kitchen facilities only and which is dependent upon a
service building for toilet and lavatory facilities.
c. A trailer which can operate for short periods of time independent of connections to sewer,
water and electric systems. It contains a water flushing toilet, lavatory shower and
kitchen sink, all of which are connected to water storage and sewage holding tanks
located within the trailer. For purposes of this ordinance, travel trailer park requirements
apply to motor homes or other automotive vehicles converted to serve the purpose as a
travel trailer.
Travel trailer park. Any approved site, lot, field or tract of land used or intended to be used by
travel trailers in land areas devoted to transient lodging and to recreational uses.
Variance. A form of administratively granted relief from the specific regulations in any zoning
district authorized in specific cases by the board of zoning appeals pursuant to the Code of Virginia
1950, as amended, § 15.1-495(b) where a literal enforcement of the provisions would result in undue
hardship.
Vehicle sales and/or service. Means use of any land whereon the primary activity is the sale,
rental and service of any vehicle in operating condition such as, but not limited to, an automobile,
motorcycle, truck, ambulance, taxicab, recreational vehicle, or boat. The term service shall include
mechanical and body work, repair of transmissions and differentials, straightening body parts, painting,
welding or other similar work is performed on vehicles within a completely enclosed structure. The term
shall not include tractor trailer, heavy equipment sale, rental or service.
Vested rights. Rights of property owners or developers, as stipulated by this ordinance or
adjudicated by law, to continue to construct, develop, operate or otherwise use land or structures in a
manner which was legal prior to the adoption of this ordinance and for which purpose significant
monetary investment has been made.
Warehouse, mini (self-storage center). A building or groups of buildings divided into separate
compartments used to meet the temporary storage needs of small businesses, apartment dwellers and
other residential uses.
Water and/or pumping facilities. Water storage and or pumping facilities are defined to include:
a. Community water system. A water system owned and operated by a sanitary district,
public service authority, municipality or county, or owned and operated by a corporation
and properly charted and certified by the state corporation commission, and subject to
special regulations of the Virginia Department of Health, state water control board and as
herein set forth.
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b. Noncommunity water system. A system for supply and distribution of potable water
serving three or more but less than 15 connections or 25 persons.
Yard. An open space between building or use and the adjoining lot lines, unoccupied or
unobstructed by any portion of a structure or use. In measuring a yard for the purpose of determining the
width of a side yard or the depth of a rear yard, the minimum horizontal distance between the lot line
and the main building shall be used.
Yard, required. A yard, as defined above, located along the perimeter of a lot, the dimensions of
which are set by the district regulations of this ordinance.
Zoning, district. An area delineated on the zoning district map in which zoning regulations are
uniform.
Zoning district map. A set of maps on file in the office of the zoning administrator upon which is
shown the location of all official zoning district boundaries for all the territory within the County of
King George, Virginia.
Zoning permit. A permit issued by the zoning administrator on an appropriate form or certificate
which certifies that a building or use of property is in compliance with the regulations of the zoning
district in which the building or use is located.
(Ord. of 6-2-92; Ord. of 8-15-2006; Amend. of 4-17-2007)
Cross References: Definitions and rules of construction generally, § 1-2.
Sec. 1-10. Nonconforming uses.
Nothing in this ordinance shall be construed to impair any vested right with the exception that
land, buildings and structures and the uses thereof which do not conform to the regulations and
restrictions prescribed for the district in which they are situated may be continued provided they are not
enlarged upon, extended or expanded except as provided for in this ordinance.
1.10.1. Nonconforming lots of record. Permitted structures may be erected upon any single lot of
record at the time of adoption of this ordinance, provided that minimum yard
requirements are met. Such lot must be in separate ownership and not of continuous
frontage with other lots in the same ownership. This provision shall apply even though
such lot fails to meet the requirements for area, width, or both that are generally
applicable for the district in which it is located. Notwithstanding any other provisions of
this ordinance, the side yard requirements for existing nonconforming lots which are
under 60 feet in width may be reduced to ten percent of the lot width. However, in no
case shall the side yard requirement be reduced to less than five feet. Any lot which is
reduced in size as the result of the widening or realignment of any state or federal
highway, or by voluntary or required dedication of right-of-way along an existing state or
federal highway reason of any condemnation proceedings, shall be considered a
nonconforming lot of record. The zoning administrator may approve a proposed change
in boundary lines, involving nonconforming lots, which in the administrator's
determination would reduce the nonconformity of the existing lots. Any such change in
boundary lines must also comply with all applicable procedures required by state law and
the subdivision ordinance.
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1.10.2. Nonconforming uses. Where at the time of adoption of this ordinance or amendments
thereto lawful use of land and/or structure exists which would not be permitted by this
ordinance, the use may be continued so long as it remains otherwise lawful, provided:
a. No such nonconforming use or structure shall be enlarged or increased to occupy
a greater area than was occupied at the effective date of adoption or amendment
of this ordinance unless such enlargement does not result in an increase of
nonconformity or is for a change to a use permitted in the district.
b. When a nonconforming use is suspended by a permitted use, no nonconforming
use may thereafter be resumed.
c. Where a nonconforming use is carried out in a structure, removal of the structure
shall eliminate the nonconforming status of the land. If a nonconforming structure
is destroyed in whole or in part, the governing body may approve the repair or
replacement of the structure by special exception in any district when it finds that
such use does not impair the safety or general welfare of the community.
d. If any nonconforming use is discontinued for a period of more than two years, any
subsequent use of the land involved shall conform to the regulations for the
district in which such land is located.
1.10.3. Nonconforming structures. Any structure existing at the time of adoption of this
ordinance which does not comply with setback or yard requirements, or which exceeds
height requirements, may be continued in use but shall not be enlarged or extended in
such a manner as to increase the degree of nonconformity unless a variance therefore is
granted in accordance with article 5, section 5.6 of this ordinance.
1.10.4. Vested rights. Nothing contained herein shall require any change in the plans or
construction of any building or structure for which a building permit was granted prior to
the effective date of this ordinance; however, any permit issued shall become invalid if
the authorized work is not commenced within six months after issuance of the permit, or
if the authorized work is suspended or abandoned for a period of six months after the
time of commencing the work. The reissuance of any building permit rendered invalid by
the above provisions shall be in conformity with the provisions of this ordinance.
Sec. 1-11. Severability.
If any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be
adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a
whole or any part or provision thereof, other than the part so decided to be invalid or unconstitutional.
Sec. 1-12. Repeal of conflicting zoning ordinances.
Upon adoption of this ordinance, any other zoning ordinance adopted in King George County is
hereby repealed except the wetlands zoning ordinance.
ARTICLE 2.
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DISTRICT REGULATIONS
Sec. 2.1. Zoning districts and maps created.
To carry out the purpose stated in article 1 of this ordinance, King George County is hereby divided into
nine zoning districts. The zoning districts shall be known and cited as:
A-1 Limited Agricultural
District
A-2 Rural Agricultural District
A-3 General Agricultural
District
R-1 One-Family Dwelling
District
R-2 General Dwelling District
R-3 Multifamily Dwelling
District
C-1 Retail Commercial District
C-2 General Trade District
I-1 Industrial Light
I Industrial District
R-C Resort Community District
The official zoning district locations and boundaries are hereby established as shown on the
zoning district map of King George County, which is hereby adopted by reference and declared to be
part of this ordinance.
The zoning district map consists of 45 sheets, inserts and a cover sheet. Upon the cover sheet
there is shown the signature of the chairman of the King George County Board of Supervisors, which is
also attested by the county administrator. A certified copy of the zoning district map shall be filed in the
office of the clerk of circuit court of King George County and such certified copy shall not be removed
except upon court subpoena. The original of the zoning district map shall be filed in the zoning
administrator's office and such original shall be updated from time to time as the ordinance is amended.
The zoning district map shall be available for examination and inspection by the public at all reasonable
times.
Sec. 2.2. Interpretation of zoning district boundary lines.
The district boundary lines shown on the zoning district map are intended wherever practical to
follow road lines, property lines, utility easements or natural boundaries such as creeks or rivers as they
exist at the time of passage of this ordinance. Where dimensions are shown on the zoning district map,
such dimensions shall be the basis of interpreting the location of a district line. Where a district line
abuts tidal waters the district line shall extend to the mean low watermark unless such tidal waters are
otherwise placed in a zoning district. Where a district line follows a road line, such lines shall be
construed to follow the centerlines of the road.
Sec. 2.3. A-1 Limited agricultural district regulations.
2.3.1. Intent. The general intent of this district is to preserve the agricultural character of
portions of the county and to permit the continued agricultural use and growth of similar uses while
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discouraging urban and suburban developments of all types except in conformity with the land use
policies of the comprehensive plan. This is a rural area where urban services such as sewer and water
mains are not planned.
2.3.2. Uses permitted by right.
1. Accessory uses and structures incidental to permitted uses [additional requirements in
article 3, section 3-8].
2. Agricultural farming or forestry.
3. Agricultural operations which involve land application of Class "A" sludge subject to
provisions of article 4, section 4-6.
4. Airport, private.
5. Animals, raising of (customarily associated with agricultural purposes).
6. Cemetery, private.
7. Dwelling, farm tenant-dwelling constructed as part of a working farm; provided that
minimum lot size as specified in subsection (4)a. below shall be increased by five acres
for each tenant dwelling.
8. Dwelling, single-family.
9. Family day home.
10. Group home.
11. Home occupation.
12. Kennel, commercial/private.
13. Marina, private.
14. Manufactured home.
15. Mobile home located on a farm and used only as a farm tenant dwelling; provided that
minimum lot size as specified in subsection (4)a. below shall be increased by five acres
for each mobile home.
16. Plant nursery and/or greenhouse.
17. Produce stand, roadside.
18. Public use.
18A. Recreation facility, community.
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19. Riding stable, commercial/private.
20. Storage buildings, except in subdivisions.
21. Shared water system [additional requirements article 4, section 4-9a.].
22. Temporary dwelling [Per article 3, section 3-4].
23. Utility pipelines, transmission lines and appurtenances, including substations and
aboveground structures.
24. Veterinary hospital/clinic [additional requirements in article 4, section 4-8].
2.3.3. Additional uses permitted only by special exception.
1. Additional dwelling unit to structure located within or attached to the main structure and
having a floor area not in excess of 800 square feet may be constructed for use by guests
or other family members occupying the premises, provided: (1) that the overall design of
the main dwelling building has the general appearance of one-family dwelling and (2)
that the lot area requirement shall be increased by 5,000 square feet in cases where
neither community water nor sewer is provided.
2. Antique shop.
3. Bed and breakfast.
4. Bed and breakfast inn.
5. Campground/travel trailer park, commercial/private [additional requirements in article 4,
section 4-3].
6. Cemetery, commercial.
7. Community center.
8. Craft shop.
9. Churches and/or other places of worship.
10. Day care facility.
11. Day camp.
12. Exploratory drilling for oil and/or natural gas [additional requirements in article 4,
section 4-11].
13. General store.
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14. Golf course.
15. A mobile home/manufactured home, in addition to the primary dwelling for occupancy
by the lot owner's immediate family, for reasons for hardship.
16. Sand and gravel extraction industry [additional requirements in article 4, section 4-4].
17. School, private.
18. Water/sewer treatment plant [additional requirements in article 4, section 4-10].
19. Water storage and/or pumping facilities [additional requirements in article 4, section 4-9].
2.3.4. Lot area and other dimensional regulations. Except as provided for non conforming lots
of record elsewhere in this ordinance, every lot within the A-1 district shall meet the lot area and other
dimensional regulations set forth as follows:
2.3.4.1. Lot area and width. Every lot shall have a minimum area of ten acres and a
minimum width of 300 feet.
2.3.4.2. Minimum yard dimensions.
a. Front yard. 35 feet, except lots fronting on rights-of-way less than 50 feet in
width shall require a minimum front yard of 45 feet.
b. Side yards. 15 feet.
c. Rear yards. 30 feet.
d. Buildings housing farm animals shall be located 75 feet from any side or rear
property line.
e. Accessory buildings. Three feet from any side and/or rear property line. Front
yard, same as main building.
Sec. 2.4. A-2 Rural agricultural district regulations.
2.4.1. Intent. The intent of this district is to recognize the rural character of portions of the
county where a mixture of agricultural and low-density [uses] occurs and to permit additional
development of a similar type while closely controlling those activities which might be disruptive to
farming and rural living. Generally, public water and sewer services are not planned for this district.
2.4.2. Uses permitted by right.
1. Accessory uses and structures incidental to permitted uses [additional requirements in
article 3, section 3-8].
2. Agricultural farming or forestry
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3. Agricultural operations which involve land application of Class "A" sludge, subject to
provisions of article 4, section 4.6.
4. Animals, raising of (customarily associated with agricultural purposes).
5. Cemetery, private.
6. Dwelling, duplex.
7. Dwelling, farm tenant-dwelling constructed as part of a working farm; provided that
minimum lot size as specified in subsection 2.3.4.1. shall be increased by ten acres for
each tenant dwelling.
8. Dwelling, single-family.
9. Family day home.
10. Group home.
11. Home occupation.
12. Kennel, commercial/private.
13. Manufactured home.
14. Marina, private.
15. Plant nursery and/or greenhouse.
16. Produce stand, roadside.
17. Public use.
17A. Recreation facility, community.
18. Riding stable, commercial/private.
19. Storage buildings, except in subdivisions
20. Shared water system [additional requirements article 4, section 4.9a.].
21. Temporary dwelling [per article 3, section 3.4].
22. Utility pipelines, transmission lines and appurtenances, including substations and
aboveground structures.
23. Veterinary hospital/clinic [additional requirements in article 4, section 4.8].
2.4.3. Additional uses permitted only by special exception.
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1. Additional dwelling unit to structure located within or attached to the main structure and
having a floor area not in excess of 800 square feet may be constructed for use by guests
or other family members occupying the premises, provided: (1) that the overall design of
the main dwelling building has the general appearance of one-family dwelling and (2)
that the lot area requirement shall be increased by 5,000 square feet in cases where
neither community water nor sewer is provided.
2. Antique shop.
3. Bed and breakfast.
4. Bed and breakfast inn.
5. Cemetery, commercial.
6. Community center.
7. Craft shop.
8. Churches and/or other places of worship.
9. Club, private.
10. Day care facility.
11. Day camp.
12. Exploratory drilling for oil and/or natural gas [additional requirements in article 4,
section 4.11].
13. Farm supply sales and farm vehicular equipment.
14. Golf course.
15. General store.
16. Medical/dental office or clinic.
17. Mobile home/manufactured home, in addition to the primary dwelling for occupancy by
the lot owner's immediate family, for reasons for hardship.
18. Nursing home.
19. Public building.
20. Recreation facility, outdoor (commercial).
21. Sand and gravel extraction industry [additional requirements in article 4, section 4.4].
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22. Semipublic building.
23. Service station [additional requirements in article 4, section 4.5].
24. Telecommunication facilities [additional requirements in article 4, section 4.12].
25. Water/sewer treatment plant [additional requirements in article 4, section 4.10]
26. Water storage and/or pumping facilities [additional requirements in article 4, section 4.9].
2.4.4. Lot area and other dimensional regulations.
2.4.4.1. Lot area and width. Every lot within the A-2 district shall have a minimum area
of two acres and a minimum width of 150 feet, except that keeping of livestock, (other
than horses), and kennels shall require a minimum lot area of five acres. Commercial
stables shall require a minimum lot area of ten acres. The keeping of a horse shall require
a minimum lot area of two acres, plus one acre for each additional horse, except that
horses may not be kept in a recorded subdivision with lots of less than five acres.
2.4.4.2. Minimum yard dimensions.
a. Front yard. 35 feet, except lots fronting on rights-of-way less than 50 feet in
width shall require a minimum front yard of 45 feet.
b. Side yards. 15 feet.
c. Rear yards. 30 feet.
d. Buildings housing farm animals shall be located 75 feet from any side or rear
property line.
e. Accessory buildings. Three feet from any side and/or rear property line. Front
yard, same as main building.
Sec. 2.5. A-3 General agricultural district regulations.
2.5.1. Intent. The intent of this district is to recognize rural areas of the county where a mixture
of agricultural and low-to medium- intensity [density] uses, including mobile home development, occurs
and to permit additional development of a similar type in limited areas. Generally, public water and
sewer services are not planned for this district.
2.5.2. Uses permitted by right.
1. Accessory uses and structures incidental to permitted uses [additional requirements in
article 3, section 3.8].
2. Agricultural farming or forestry.
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3. Animals, raising of (customarily associated with agricultural purposes).
4. Cemetery, private.
5. Dwelling, duplex.
6. Dwelling, single-family.
7. Family day home.
8. Group home.
9. Home occupation.
10. Kennel, commercial/private.
11. Manufactured home.
12. Marina, private.
13. Mobile home on individual lot.
14. Plant nursery and/or greenhouse.
15. Produce stand, roadside.
16. Public use.
16A. Recreation facility, community.
17. Riding stable, commercial/private.
[18. Temporary dwelling per article 3, section 3.4].
19. Shared water system [additional requirements article 4, section 4.9a.].
20. Utility pipelines, transmission lines and appurtenances, including substations and
aboveground structures.
21. Veterinary hospital/clinic [additional requirements in article 4, section 4-8].
2.5.3. Additional uses permitted only by special exception.
1. Additional dwelling unit to structure located within or attached to the main structure and
having a floor area not in excess of 800 square feet may be constructed for use by guests
or other family members occupying the premises, provided: (1) that the overall design of
the main dwelling building has the general appearance of one-family dwelling and (2)
that the lot area requirement shall be increased by 5,000 square feet in cases where
neither community water nor sewer is provided.
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2. Antique shop.
3. Cemetery, commercial.
4. Community center.
5. Craft shop.
6. Churches and/or other places of worship.
7. Club, private.
8. Community center.
9. Day care facility.
10. Day camp.
11. Dwelling, farm tenant-dwelling constructed as part of a working farm; provided that
minimum lot size as specified in subsection 2.3.4.1. shall be increased by ten acres for
each tenant dwelling.
12. Farm supply sales and farm vehicular equipment.
13. General store.
14. Golf course.
15. Medical/dental office or clinic.
16. A mobile home/manufactured home, in addition to the primary dwelling for occupancy
by the lot owner's immediate family, for reasons for hardship
17. Mobile home park [additional requirements in article 4, section 4.1].
18. Public building.
19. Semipublic building.
20. Service station [additional requirements in article 4, section 4.5].
21. Sand and gravel extraction industries [additional requirements in article 4, section 4.8].
22. Water/Sewer treatment plant [additional requirements in article 4, section 4.10].
23. Water storage and/or pumping facilities [additional requirements in article 4, section 4.9].
2.5.4. Lot area and other dimensional regulations.
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1. Lot area and width. Every lot within the A-3 district shall have a minimum area of one
acre and a minimum width of 120 feet, except that keeping of livestock, (other than
horses), kennels and mobile home parks shall require a minimum of five acres.
Commercial stables shall require a minimum lot area of ten acres. The keeping of a horse
shall require a minimum lot area of two acres, plus one acre for each additional horse,
except that horses may not be kept in a recorded subdivision with lots of less than five
acres.
2. Minimum yard dimensions.
a. Front yards. 35 feet, except lots fronting on rights-of-way less than 50 feet in
width shall require a minimum front yard of 45 feet.
b. Side yards. 15 feet.
c. Rear yards. 30 feet.
d. Buildings housing farm animals shall be located 75 feet from any side or rear
property line.
e. Accessory buildings. Three feet from any side and/or rear property line. Front
yard, same as the main building.
Sec. 2.6. R-1 One-family dwelling district regulations.
2.6.1. Intent. The intent of this district is to protect those areas within the county in which the
predominant development pattern consists of one-family detached dwellings on separate lots and to
provide for additional areas within the county in which housing of a similar character may be developed
in the future. To accomplish this intent, this dwelling district is restricted in use to one-family dwelling
uses, those accessory uses customarily associated with such dwellings and various public or private
community support facilities or services that are either necessary or compatible with low density
dwelling development.
2.6.2. Uses permitted by right.
1. Accessory uses and structures incidental to permitted uses [additional requirements in
article 3, section 3.8].
2. Dwelling, single-family.
3. Family day home.
4. Group home.
5. Home occupation.
6. Recreation facilities, outdoor (Private/noncommercial).
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7. Public use.
7A. Recreation facility, community.
8. Shared water system [additional requirements article 4, section 4.9a.].
9. Utility pipelines, transmission lines and appurtenances.
2.6.3. Additional uses permitted only by special exception.
1. One additional dwelling unit to structure located within or attached to the main structure
and having a floor area not in excess of 800 square feet may be constructed for use by
guests or other family members occupying the premises, provided: (1) that the overall
design of the main dwelling building has the general appearance of a one-family dwelling
and (2) that the lot area requirement shall be increased by 5,000 square feet in cases
where neither community water nor sewer is provided.
2. Churches and/or other places of worship.
3. Community center.
4. Day care facility.
5. Golf course.
6. Medical/Dental office and/or clinic.
7. Nursery school.
8. Water/Sewer treatment plant [additional requirements in article 4, section 4.10].
9. Water storage and/or pumping facilities [additional requirements in article 4, section 4.9].
2.6.4. Lot area and other dimensional regulations. Except as provided for nonconforming lots
of record elsewhere in this ordinance, every lot within the R-1 district shall meet the lot
area and other dimensional requirements as set forth as follows:
2.6.4.1. Lot area and width.
a. Every lot shall have an area and a width not less than shown below for each utility
situation:
Minimum Lot Dimensions
Utilities Available Area (sq. ft.) Width (feet)
Both community water and 15,000 80
sewer
Either community water or 25,000 80
sewer
Neither community water 30,000 100
nor sewer
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b. Churches shall require a minimum lot area of two acres.
2.6.4.2. Minimum yard dimensions.
a. Front yards. 30 feet.
b. Side yards. Ten feet for main buildings and three feet for accessory
buildings.
c. Rear yards. 25 feet for main buildings and three feet for accessory
buildings.
Sec. 2.7. R-2 General dwelling district regulations.
2.7.1. Intent. The intent of this district is to recognize those residential and office areas within
the county, which are developed with smaller lots and to provide for additional areas in which
developments of similar density may be established.
2.7.2. Uses permitted by right.
1. Accessory uses and structures incidental to permitted uses [additional requirements in
article 3, section 3.8].
2. Boarding and/or rooming house.
3. Churches and/or other places of worship.
4. Day care facility.
5. Dwelling, duplex.
6. Dwelling, single-family.
7. Family day home.
8. Group home.
9. Home occupation.
10. Medical/dental office and/or clinic.
11. Office building.
12. Public building.
13. Public use.
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13A. Recreation facility, community.
14. Semipublic building.
15. Shared water system [additional requirements article 4, section 4.9a.].
16. Recreational facilities, outdoor (Private/noncommercial).
17. Utility pipelines, transmission lines and appurtenances.
2.7.3. Additional uses permitted only by special exception.
1. Community center.
2. Golf course.
3. Nursery school.
4. Water/sewer treatment plant [additional requirements in article 4, section 4.10].
5. Water storage and/or pumping facilities [additional requirements in article 4, section 4.9].
2.7.4. Lot area and other dimensional regulations. Except as provided for nonconforming lots
of record elsewhere in this ordinance, every lot within the R-2 district shall meet the lot area and other
dimensional requirements set forth as follows:
2.7.4.1. Lot area and width.
a. Every lot in this district should have an area and a width not less than shown below for
each utility situation:
Minimum Lot Dimensions
Utilities Available Area (sq. ft.) Width (feet)
Both community water and 15,000 80
sewer
Either community water or 25,000 80
sewer
Neither community water 30,000 100
nor sewer
b. Churches shall require a minimum lot area of two acres.
2.7.4.2. Minimum yard dimensions.
a. Front yards. 30 feet.
b. Side yards (dwelling). Ten feet for main buildings and three feet for accessory
buildings.
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c. Side yards (Nonresidential uses). 25 feet.
d. Rear yards. 25 feet for main buildings and three feet for accessory buildings.
Sec. 2.8. R-3 Multifamily dwelling district regulations.
2.8.1. Intent. The intent of this district is to recognize those areas within the county where
multifamily and office development exists and to provide areas for additional
development of a similar character and density which may be established.
2.8.2. Uses permitted by right.
1. Accessory uses and structures incidental to permitted uses [additional requirements in
article 3, section 3.8].
2. Boarding and/or rooming house.
3. Churches and/or other places of worship.
4. Day care facility.
5. Dental laboratory.
6. Dwelling, duplex.
7. Dwelling, multifamily.
8. Dwelling, multifamily elderly.
9. Dwelling, single-family.
10. Family day home.
11. Group home.
12. Home occupation.
13. Medical/dental office and/or clinic.
14. Nursery school.
15. Nursing home.
16. Office building.
17. Public building.
18. Public use.
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18A. Recreation facility, community.
19. Semipublic building.
20. Shared water system [additional requirements article 4, section 4.9a.].
21. Recreational facilities, outdoor (Private/noncommercial).
22. Recreation facilities, outdoor (Public/private).
23. Townhouse.
24. Utility pipelines, transmission lines and appurtenances.
2.8.3. Additional uses permitted only by special exception.
2.8.3.1. Community center.
2.8.3.2. Golf course.
2.8.3.3. Water/sewer treatment plant [additional requirements in article 4, section 4.10].
2.8.3.4. Water storage and/or pumping facilities [additional requirements in article 4,
section 4.9].
2.8.4. Lot area and other dimensional regulations. Except as provided for nonconforming lots
of record elsewhere in this ordinance, every lot within the R-3 district shall meet with the lot area and
other dimensional regulations set forth as follows:
2.8.4.1. Lot area and width.
a. Every lot in this district shall have an area and a width not less than shown below for
each utility situation:
Minimum Lot Dimensions
Utilities Available Area (sq. ft.) Width (feet)
Both community water and 15,000 80
sewer
Either community water or 25,000 80
sewer
Neither community water 30,000 100
nor sewer
Townhouses (community 1,500 18
water and sewer required)
** Note: The lot area and width for each multifamily structure and duplex shall be
as stated above for each utility situation plus 4,000 square feet for each additional
dwelling unit.
b. Churches shall require a minimum lot area of two acres.
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c. Total density for townhouses and multifamily dwellings shall not exceed eight
dwellings per gross acre.
d. Total density for multifamily elderly dwellings shall not exceed eight dwelling
units per gross acre where neither public/community water or sewer is available
and shall not exceed 20 units per gross acre when both public/community water
and sewer is available; adequate fire flow and sprinkler system required.
2.8.4.2. Minimum yard requirements.
a. Front yards. 30 feet. The minimum front yard depth requirement for townhouses
and multi-family units shall be ten feet.
b. Side yards. Ten feet for main building and three feet for accessory buildings. Side
yard requirements do not apply to exterior townhouses and multi-family units.
Side yards for townhouse and multi-family end units shall be nine feet. Within a
development consisting of more than one building, an open space of not less than
30 feet shall be provided between buildings.
c. Rear yards. 25 feet for main buildings and three feet for accessory buildings. The
minimum rear yard setback for townhouse and multi-family buildings shall be 20
feet.
Sec. 2.9. C-1 Retail commercial district regulations.
2.9.1. Intent. The intent of this district is to recognize existing light commercial uses and to
provide an opportunity to expand these and other retail opportunities within the county.
2.9.2. Uses permitted by right.
1. Accessory uses and structures incidental to permitted uses [additional requirements in
article 3, section 3.8].
2. Arts and crafts shop (Products sold/manufactured on premises).
3. Bakery.
4. Bank or similar financial institution.
5. Bowling alley.
6. Building, public.
7. Building, semi-public.
8. Building supply/lumber sales.
9. Car wash.
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10. Cemetery, commercial.
11. Club, private.
12. Community center.
13. Day care facility.
14. Dental laboratory.
15. Dwelling units located in the same building with and ancillary to commercial uses.
16. Dwellings, one family, in existence on September 3, 1987, the date of adoption of this
ordinance.
17. Fast-food restaurant.
18. Florist within an enclosed building.
19. Funeral home.
20. General store.
21. Group care facility.
22. Indoor commercial recreational facility.
23. Laundry service.
24. Marina, commercial.
25. Medical/dental office.
26. Miniature golf.
27. Motel.
28. Nursery school.
29. Nursing home.
30. Office building.
31. Personal service establishment.
32. Public use.
33. Repair service establishment.
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34. Restaurant.
35. Retail sales establishment conducting business entirely within an enclosed building.
36. Service station [additional requirements in article 4, section 4.5].
37. Shared water system [additional requirements article 4, section 4.9a].
38. Telephone exchange equipment.
39. Theater, indoor.
40. Utility pipelines, transmission lines and appurtenances.
41. Vehicle sales.
42. Veterinary hospital/clinic with no outside facilities [additional requirements in article 4,
section 4.8].
2.9.3. Additional uses permitted only by special exception.
1. Amusement enterprises.
2. Hospital.
3. Public utilities structures (no outside storage).
4. Telecommunication facilities [additional requirements in article 4, section 4.12].
5. Water/sewer treatment plant [additional requirements in article 4, section 4.10].
6. Water storage and/or pumping facilities [additional requirements in article 4, section 4.9].
2.9.4. Lot area and other dimensional regulations. Except as provided for nonconforming lots
of record elsewhere in this ordinance, every lot within the C-1 district shall meet the lot area and other
dimensional regulations set forth as follows:
2.9.4.1. Lot area and width. Every lot shall have an area and width not less than shown
below for each utility situation.
Minimum Lot Dimensions
Utilities Available Area (sq. ft.) Width (feet)
Both community water and 5,000 50
sewer
Either community water or 25,000 100
sewer
Neither community water 30,000 100
nor sewer
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2.9.4.2. Minimum yard requirements.
a. Front yards. 30 feet.
b. Side and rear yards. None required, except in cases where such uses abut an
existing residential or agricultural district and then the same as required for the
abutting district.
Sec. 2.10. C-2 General trade district regulations.
2.10.1. Intent. The intent of this district is to recognize existing commercial and/or
service trade uses within the county which may include exterior storage or displays, and may involve
limited manufacturing or processing activities, and provide an opportunity to expand these and related
general trade opportunities.
2.10.2. Uses permitted by right.
1. All uses permitted by right within the retail commercial district (C-1).
2. Auto repair facility.
3. Boat sales.
4. Commercial indoor recreational facilities.
5. Contractors equipment yard.
6. Construction material supply business with storage under cover, but not to include
fabricating.
7. Farm supply sales including vehicular equipment.
8. Florist including greenhouse and exterior display area.
9. Garage, commercial.
10. Hospital.
11. Mobile home and modular home sales.
12. Parking lot, commercial.
13. Public use.
14. Radio/television station.
15. Structure for public utilities not involving outside storage of equipment or materials.
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16. Veterinary hospital/clinic with no outside facilities [additional requirements in article 4,
section 4.8].
17. Vehicle sales and service.
18. Warehouse, mini.
2.10.3. Additional uses permitted only by special exception.
1. Amusement enterprises.
2. Flea market.
3. Veterinary hospital/clinic with outside facilities [additional requirements in article 4,
section 4.8].
4. All commercial permitted by special exception within the retail commercial district (C-1).
2.10.4. Lot area and other dimensional regulations. Except as provided for
nonconforming lots of record elsewhere in this ordinance, every lot within the C-2 district shall meet the
lot area and other dimensional regulations set forth as follows:
1. Lot area and width. Every lot in this district shall comply with the lot area and width
requirements of the C-1 district.
2. Minimum yard requirements. All minimum yard requirements of the C-1 district shall
apply in this district.
(Amend. of 1-3-95)
Sec. 2.11. I-1 Industrial light district regulations.
2.11.1. Intent. The intent of this district is to provide sufficient space in appropriate
locations for certain types of business and manufacturing which do not create a danger to health and
safety in surrounding areas, and which do not create offensive noise, vibration, smoke, dust, lint, odor,
heat or glare, than that which is generally associated with light industries.
The intent is also to make available more attractive locations for these businesses and industries.
Certain commercial uses are permitted, primarily for service to employees in the district and as
accessory use to manufacturing conducted on site. Typical development in the district would be that
which is commonly known as an "industrial park."
2.11.2. Uses permitted by right.
1. All uses permitted by right within the retail commercial (C-1) and the general trade
district (C-2).
2. Contractor's equipment and storage yards.
3. Convenience center.
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4. Convenience store.
5. Food processing plant, including meat packing not involving animal slaughter.
6. General office uses.
7. Heavy equipment sales, rental, and service.
8. Intermediate materials recovery facility (IMRF).
9. Light manufacturing uses specifically listed below:
a. Manufacture or assembly of medical and dental equipment, drafting, optical, and
musical instruments, watches, clocks, toys, games, and electrical or electronic
products.
b. Manufacture or assembly of bolts, nuts, screws and rivets, boilers, firearms,
electrical appliances, tools, dies, machinery, and hardware products, sheet-metal
products and enameled metal products which do not involve the use of a blast
furnace.
c. Beverage blending or bottling, bakery products, candy manufacture, dairy
products, and ice cream, fruit, and vegetable processing and canning, but not
distilling of beverages or processing of bulk storage of grain or feed for animals
or poultry
d. Manufacture of rugs, mattresses, pillows, quilts, millinery, hosiery, clothing and
fabrics, printing and finishing of textiles and fibers into fabric goods
e. Manufacture of boxes, furniture, cabinets, baskets, and other wood products of
similar nature
10. Laboratories, research, experimental or testing, but not testing combustion engines or
explosives.
11. Laundry, dry cleaning plant.
12. Mobile home and modular home sales.
13. Nursery for growing or propagation of plants, trees, and shrubs.
14. Photographic processing or blueprinting.
15. Printing and publishing, engraving.
16. Public use.
17. Railroad sidings.
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18. Restaurants without drive through.
19. Warehouse, mini-storage.
20. Welding or machine shops.
21. Wholesale merchandising or storage warehouses or distribution center.
2.11.3. Permitted accessory uses.
1. Storage of goods used in or produced by permitted commercial and industrial uses or
related activities, subject to applicable district regulations.
2. The location of office or construction trailers for a period not to exceed one year.
3. Retail sales when connected with a manufacturing operation.
4. Facilities and structures necessary for rendering utility service, including poles, wires,
transformers, telephone booths and the like for normal electrical power distribution or
communication service, and pipelines or conduits for gas, sewer, or water service.
5. Railroad spur tracks.
6. Airport, private.
2.11.4. Uses permitted by special exception. The following may be permitted as
conditional uses if approved by the board of supervisors in accordance with the procedures, guidelines,
and standards of section 5-4:
1. All uses permitted by special exception within the retail commercial (C-1) and the
general trade district (C-2).
2. Telecommunication facilities [additional requirements in article 4, section 4-12].
2.11.5. Off-street parking and loading requirements. Off-street parking and loading space
requirements shall be in accordance with section 3.11 and section 3.13 of the zoning ordinance.
Loading platforms for rail service may extend into a required side or rear yard.
2.11.6. Area regulations.
a. The minimum lot acreage required for a parcel to be eligible for I-1 zoning shall be three
acres.
b. The minimum site area for a use in the I-1 zoning district shall be 40,000 square feet. Site
areas must be contained within the minimum lot acreage.
c. The minimum lot width for any lot or area is 100 feet.
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2.11.7. Buffer requirements. A buffer area, meeting the requirements set forth in
subsection 7.6(j) of this ordinance, must be maintained around the side and yard property lines that abut
an agricultural, commercial, or residential zoning district of the industrially zoned lot or area.
2.11.8. Setback regulations. No portion of any structure, except signs, shall be erected
closer than 50 feet from any street or highway right-of-way.
2.11.9. Yard regulations. Buffer areas may not be included in the measurement of any
setback dimension.
a. Side. The minimum width of each side yard for a main structure shall be ten feet.
b. Rear. Each main structure shall have a rear yard of at least ten feet.
[2.11.10. Reserved.]
2.11.11. Site plan required. Before a building permit shall be issued or construction
commenced on any permitted use in this district or a permit issued for a new use, all
requirements of article 7 shall be met.
Sec. 2.12. Industrial district regulations.
2.12.1. Intent. The intent of this district is to recognize industrial uses which presently
exist within the county and to provide an appropriate zoning district within which additional industrial
and related uses may be provided.
2.12.2. Uses permitted by right.
1. All uses permitted by right within the industrial-light district, but not those uses permitted
by right or by special exception within the retail commercial district (C-1) or the general
trade district (C-2).
2. All uses permitted within the retail commercial district (C-1) and the general trade district
(C-2) if the use is ancillary to a use permitted in industrial-light (I-1) and/or industrial
district (I).
3. Accessory uses and structures customarily incidental to permitted uses [additional
requirements in article 3, section 3.8].
4. Asphalt plant.
5. Concrete products plant.
6. Concrete ready mix plant.
7. Lumber mill.
8. Planing mill.
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9. Public use.
10. Truck terminal.
11. Warehouse.
2.12.3. Additional uses permitted only by special exception.
1. Airport, commercial.
2. Heating fuel storage.
3. Junkyard/salvage yard.
4. Manufacturing, processing and assembly operations conducted within an enclosed
building and not producing noxious fumes, odors, visible emissions, excessive noise or
air or water pollution in violation of state regulated standards.
5. Recycling plant.
6. Sand and gravel extraction/processing industry [additional requirements in article 4,
section 4.4].
2.12.4. Permitted accessory uses.
1. Storage of goods used in or produced by permitted commercial and industrial uses or
related activities, subject to applicable district regulations.
2. The location of office or construction trailers for a period not to exceed one year.
3. Retail sales when connected with a manufacturing operation.
4. Facilities and structures necessary for rendering utility service; including poles, wires,
transformers, telephone booths and the like for normal electrical power distribution or
communication service, and pipelines or conduits for gas, sewer, or water service.
5. Railroad spur tracks.
6. Airport, private.
2.12.5. Off-street parking and loading requirements. Off-street parking and loading space
requirements shall be in accordance with section 3.12 and section 3.13 of the zoning ordinance.
Loading platforms for rail service may extend into a required side or rear yard.
2.12.6. Area regulations.
a. The minimum lot acreage required for a parcel to be eligible for industrial zoning shall be
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ten acres.
b. The minimum site area for a use in the industrial zoning district shall be 80,000 square
feet. Site areas must be contained within the minimum lot acreage.
c. The minimum lot width for a lot or area is 150 feet.
2.12.7. Buffer requirements. A buffer area, meeting the requirements set forth in
subsection 7.6(j) of this ordinance, must be maintained around the side and yard property lines that abut
an agricultural, commercial, or residential zoning district of the industrially zoned lot or area.
2.12.8. Setback regulations. No portion of any structure, except signs, shall be erected
closer than 50 feet from any street or highway right-of-way.
2.12.9. Yard regulations. Buffer areas may not be included in the measurement of any
setback dimension.
a. Side. The minimum width of each side yard for a main structure shall be 20 feet.
b. Rear. Each main structure shall have a rear yard of at least 20 feet.
[2.12.10. Reserved.]
2.11.11. Site plan required. Before a building permit shall be issued or construction
commenced on any permitted use in this district or a permit issued for a new use, all requirements of
article 7 shall be met.
Sec. 2.13. Resort community district (RC).
2.13.1. Intent. The resort community district provides for resorts occupying relatively
small to very extensive grounds or tracts of land and providing within the establishment related guest
service facilities. Resort districts may be close to both residential and rural neighborhoods and will,
therefore, provide regulations and site plan controls to protect the quality of these neighborhoods.
Development within the resort district will be designed in a manner that will protect and preserve the
natural resources, trees, watershed, contours and topographic features of the land, and protect and
enhance the natural scenic beauty of the property.
A resort community is a self-contained development of contiguous acreage under one ownership
or control, that provides for visitor-oriented accommodations and developed recreational facilities in a
setting with high natural amenities. This district is intended to ensure that resort communities will be
primarily visitor-oriented developments, which may include permanent residential units as a secondary
use. This district is intended to insure that resort communities will be developed in substantial harmony
with the natural features of the particular site; and will provide economic benefits to the county. The
regulations of this district are intended to accommodate the differing needs of small scale resorts
developed over a short time frame and large scale resorts developed over a long time frame.
2.13.2. Application. Resort community districts shall be established by amendment to the
official zoning map, in accordance with the provisions of the Code of Virginia, § 15.1-431, as amended.
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2.13.3. Application for approval. No development within a RC district including but not
limited to clearing, grading, excavating, road building, site preparation or structural improvements, may
be permitted prior to approval by the board of supervisors of a master development plan pursuant to
subsection (4) below and subsection 5.3.5 of the zoning ordinance. No transfer, sale or conveyance of
any individual lot or interest shall be permitted prior to final subdivision plat approval.
All development and subsequent operation of a resort community within a RC district shall be
undertaken in accordance with the provisions of the approved master development plan. Failure to
comply with these provisions shall constitute a violation of the provisions of the zoning ordinance.
2.13.4. Master development plan. The developer shall furnish with his application for
rezoning 15 copies of a master development plan prepared by a surveyor, engineer, planner or architect,
duly licensed in the State of Virginia. The master development plan shall be comprised of schematic or
diagrammatic drawings supplemented by appropriate textural description of the proposed district. The
master development plan shall be the basis for any approval and shall be binding upon the applicant. All
subsequent development of the site shall be in conformance with the approved master development plan.
2.13.4.1. Content of the master development plan. The master development plan shall
contain the following data, together with supplementary data for a particular
development, as reasonably deemed necessary by the director of planning and code
compliance, or his agent.
1. Development site information:
(a) Vicinity map at a scale of not less than one inch equals 2,000 feet.
(b) Boundary identification showing the property with reference to existing
map features to enable the property to be located on the county's zoning
district map.
(c) Total area of the tract.
(d) Abutting street names, widths and route numbers.
(e) Owners, zoning districts, and uses of each adjoining tract.
(f) Flood plain limits.
(g) Delineation of resource protection areas and resource management areas
as defined by the Chesapeake Bay Preservation Act Criteria and King
George County.
(h) Proposed method of supply of adequate electric power; police, fire and
rescue protection; domestic water service including source, storage, and
distribution; stormwater management/drainage; and sewage disposal.
(i) A traffic impact analysis in accordance with the Virginia Department of
Transportation standards.
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(j) Fiscal impact analysis information as specified by the county.
2. Development design information:
(a) A concept plan, illustrating the location and functional relationship
between all proposed land uses, including the type and extent of developed
recreational and resort facilities to be provided.
(b) Land use plan or plans showing the location and arrangement of all
proposed land uses; including typical lot and building configuration and
typical architectural character; the proposed traffic circulation pattern
including the location and width of all roads, streets, alleys, driveways,
pedestrian, cycling or bridle path systems and the relationship of internal
traffic to external roads.
(c) Proposed overall density and types of dwelling units.
(d) A plan or statement detailing the exact amount of improved, and
unimproved open space, common areas, and recreational space, and all
covenants, restrictions, and conditions pertaining to the use, maintenance
and operation of common spaces, and the percentage of the tract to be
preserved as open space after full development of the tract.
(e) A plan or report indicating the extent, timing and estimated cost of all on-
site and off-site improvements such as roads, water, sanitary sewer,
drainage facilities, electric, telephone, and gas lines necessary to construct
the proposed development, which plan or report shall relate to the
sequence of development schedule if the development is to be constructed
in stages or units.
(f) A statement showing the features of the master plan intended to harmonize
the resort community with adjacent areas and the relationship of the resort
community to the comprehensive plan.
2.13.5. Rezoning to the resort community district.
A. Planning commission procedures.
1. Preapplication conferences. Applicants are required to meet with the planning
staff and other qualified officials to review the proposed master development plan
and original proposal prior to submittal. The purpose of such conference shall be
to assist in bringing the application and material submitted therewith as nearly as
possible into conformity with these or other regulations applying in the case,
and/or to define specific variations from the application of these regulations
which would otherwise apply which seem justified in view of equivalent service
of the public purpose for such regulation. For example, large scale projects with
multiple components and long completion times are expected to provide more
generalized information in the master development plan due to the difficulty of
providing an accurate description over large land areas and time frames. In the
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event that a generalized master development plan is approved which does not
contain a level of detail substantially equivalent to that required by article 7,
section 7-4 and the requirements of subsection 2.13.4(a) of the zoning ordinance,
then an amendment to the master development plan will be necessary prior to
final site plan approval.
In the course of such preapplications conference(s), any recommendations for
change shall be recorded in writing, and shall become part of the case record. 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
the applicant shall also become part of the case record.
2. Planning commission recommendations to the board of supervisors. At such time
as further conferences appear unnecessary, or at any time on written request of the
applicant, the commission shall proceed to hold a public hearing in accordance
with section 5-3 of the zoning ordinance and prepare its recommendations to the
board of supervisors. The date of the determination to proceed, or the applicant's
request for public hearing, shall be deemed the formal date of submission of the
application for rezoning. Should it be deemed necessary during the preapplication
conference(s) the advertising for a rezoning to the resort community district shall
also include notice that the comprehensive plan may be amended to the extent that
the master development plan is approved.
Specifically, recommendations of the commission may include findings as to:
(a) The suitability of the tract for this general type of development in terms
of; relation to the comprehensive plan or amending thereof; physical
characteristics of the land; and its relationship to surrounding areas.
(b) The adequacy of and relation to major roads, utilities, public facilities and
services.
(c) Adequacy of evidence of 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 to those proposed.
(d) Adequacy of evidence that reasonably projected cost of public services for
the development do not exceed revenues reasonably projected to be
generated by the development.
(e) Specific modifications in the resort community district regulations, the
general zoning regulations, or the subdivision regulations as applied to the
particular case, based on determination that such modifications are
necessary or justified by demonstration that the public purposes as applied
by these regulations would be satisfied to at least an equivalent degree by
such modifications.
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Based on such findings, the commission shall recommend approval of the master
development plan, as proposed, approval conditioned upon stipulated
modifications, or disapproval.
B. Action by the board of supervisors. On applications for resort community districts, the
board of supervisors shall proceed in general as provided for other rezoning applications.
The board of supervisors may, based on the findings contained in subsection 2.13.5.[A.]2.
approve the application in accordance with the original application, as recommended by
the planning commission, approved with modifications to either the original application
or the planning commission recommendation, or may deny the application.
All terms, conditions, safeguards and stipulations made at the time of the rezoning to
resort community district status, including the approval of the master development plan,
with or without specified modifications, shall be binding upon the applicant or any
successors in interest. Deviations from the approved master development plans, except as
otherwise authorized by these district regulations, or failure to comply with any
requirements, conditions, or safeguards shall constitute a violation of these zoning
regulations.
The granting of the resort community district rezoning, and the approval of the master
development plan, with or without specified modifications, shall not constitute the
recording of a plat, nor shall it authorize the issuance of building permits. Such action
shall be undertaken only after approval of the site plan in accordance with article 7,
section 7.5. of the zoning ordinance and the recording of a subdivision plat, if applicable.
Final site plans which contain residential development subject to the subdivision
ordinance shall be accepted and approved in lieu of subdivision plats, provided said plans
are in recordable form, meet all requirements of the subdivision ordinance, and are
recorded as final plats after approval and posting of appropriate bonds.
Failure to file for final site plan approval within 12 months of rezoning and master
development plan approval shall terminate any development by the applicant in
accordance with the procedures set forth in this section. Within 30 days prior to the
expiration of said twelve month period, the applicant may apply to the board of
supervisors for an extension of time within which to submit a final site plan in conformity
with the approved master development plan. The board of supervisors may grant such
extension, upon good cause shown by the applicant, but such extension shall not under
any circumstances exceed an additional one year period, and no more than two such
extensions may be granted.
2.13.6. Additional land. Additional land area may be added to an existing resort
community district if it is adjacent to or across public or private roads from the resort community and
forms a logical addition to the existing resort community, and if it is under the same ownership or
control.
2.13.7. Site plans.
(a) Approval of the master development plan by the board of supervisors and the application
for rezoning shall constitute authority for the applicant to prepare a site plan in
accordance with article 7, section 7.5 of the zoning ordinance and in conformity with the
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approved master development plan.
(b) The site plan(s) shall be for the entire project, unless the project is staged, in which case
the site plan(s) for the first stage shall be submitted.
(c) A site plan for a particular development stage, other than the first, shall not be approved
until construction has been initiated on the immediately proceeding stage or unit.
(d) The board of supervisors may authorize, upon written request by the developer, site plan
approval for a particular development stage outside of the order established in the master
development plan.
(e) Deviations from the master development plan shall be permitted in the site plan when the
director of planning and code compliance determines that such are necessary due to
requirements of topography, drainage, structural safety, environmental permitting or
vehicular circulation, and such deviations will not materially alter the proposed
development sequence. Such deviations shall be reported to the board of supervisors in
writing but in no case shall such deviations substantially change the approved master
development plan, increase the density or increase the floor area. Any changes not
authorized by this paragraph shall require resubmission of the master development plan
in accordance with the procedures contained in this article.
(f) Design of water and sewage systems approved in the master development plan shall be
approved by the board of supervisors.
2.13.8. Use regulations. All uses contained in the approved master development plan
shall be permitted by right in the resort community district, subject to the limitations hereinafter
provided. These uses shall include, but not be limited to, the following:
1. Overnight lodging, including lodges, hotels, motels, time share units and similar transient
lodging facilities.
2. Health/fitness spa, including residential facilities.
3. Golf courses, and clubhouses.
4. Riding stables, horse show areas, and equestrian facilities, however, this use shall not
include race tracks unless approved by referendum by the voters of King George County
as required by the Code of Virginia, as amended.
5. Tennis and handball courts and associated clubhouse, both indoor and outdoor.
6. Marinas, beach clubs, swimming pools, general water recreational uses, and their
associated clubhouses.
7. Restaurant, lounges and similar eating and drinking establishments.
8. Conference and convention centers, meeting rooms and banquet facilities.
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9. Retail and service establishments other than bars and restaurants, subject to the following
conditions:
(1) No individual establishment shall contain more than 3,500 square feet.
(2) The sum of the floor areas of all such establishments shall not exceed five percent
of the total floor area of the resort as defined in subsections (1), (2), (5), (7), and
(8) above.
10. Emergency service facilities, such as but not limited to: Fire and rescue stations.
11. Day care facility.
12. Single-family, multi-family, and townhome units.
13. Accessory uses and structures incidental to permitted uses.
2.13.9. Additional uses permitted by special exception.
1. Water/sewer treatment plant, unless already authorized in a master development plan
approved pursuant to these district regulations.
2. Water storage and/or pumping facilities, unless already authorized in a master
development plan approved pursuant to these district regulations.
3. Utility pipelines, transmission lines and appurtenances, unless already authorized in a
master development plan approved pursuant to these district regulations.
4. Square footage for retail and service establishments in excess of those permitted by right.
2.13.10. Guarantees and surety bonding. As part of the final site plan approval(s) pursuant
to subsection 2.13.7, the developer of a resort community shall assure that developed recreational
facilities, key facilities intended to serve the entire development and visitor oriented accommodations
are physically provided or are guaranteed through surety bonding or substantially equivalent financial
assurances prior to closure of sale of individual lots, units, or interest. In phased developments,
developed recreational facilities, visitor-oriented accommodations and other key facilities intended to
serve a particular phase shall be constructed or guaranteed through surety bonding prior to sales in that
phase.
That all sections of the King George County Zoning Ordinance or parts of the ordinance
inconsistent with and/or conflicted with this ordinance are hereby superseded. That the provisions of this
ordinance shall be in force upon adoption.
ARTICLE 3.
GENERAL REGULATIONS
Sec. 3.1. General.
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This article provides regulations applicable to more than one zoning district for the specific
situations, activities or facilities identified herein.
Sec. 3.2. Lot frontage requirements.
Except as provided elsewhere herein for nonconforming lots, every residential building hereafter
constructed shall be located on a lot meeting the minimum requirements for the district in which it is
located.
Sec. 3.3. More than one main structure on a lot.
In any agricultural or residential district, more than one structure housing a permitted principal
use may be erected by special exception on a single lot, provided that yard, area and other dimension
requirements of this ordinance shall be met for each structure as though it were on an individual lot. In
commercial and industrial districts, the number of principal structures shall not be limited.
Sec. 3.4. Temporary dwellings.
Within the agricultural districts, property owners may apply for a special permit to erect and
occupy a mobile home as a temporary dwelling during the construction or reconstruction of a permanent
residence on the same lot. The application shall be filed with the zoning administrator. The zoning
administrator may specify appropriate conditions and requirements to be applied to the permit, in which
event the permit shall be subject to such conditions and requirements. The maximum valid time for such
permits shall be two years. The zoning administrator may grant a one-year extension of time in
extenuating circumstances upon application by the permit holder.
Sec. 3.5. Temporary offices and storage buildings.
Within any district, a temporary building may be erected for use as a construction office or for
storage of construction materials and supplies. No such temporary building shall be located on a site
until the site plan and building permits for the construction project have been approved and issued, and
all proposed temporary building shall be indicated on the site plan. All temporary structures shall be
removed from the project site prior to final inspection by the building inspector.
Land and improvement sales office, in any district, for a period not to exceed one year, provided
no cooking or sleeping accommodations are maintained in the structure and provided it is associated and
located within an approved development or approved subdivision. This period may be extended upon
approval by the board of supervisors.
Sec. 3.6. Government property.
Lands owned or leased by the federal or state governments or the government of King George
County shall be exempt from the provisions of this ordinance so long as such land is held in
governmental control. Upon transfer of ownership or control of any portion of government lands to
private interests, the regulations of the district in which the land is located shall automatically apply to
the land transferred.
Sec. 3.7. Planned subdivision lots.
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Any lot within a proposed subdivision for which a preliminary plat has been approved and is still
valid at the time of passage or amendment of this ordinance, may be recorded and used for its intended
purpose provided the final plat is properly approved and recorded prior to expiration of the preliminary
plat approval.
Cross References: Subdivision Ordinance, Appendix B.
Sec. 3.8. Accessory uses and structures.
3.8.1. Permitted accessory uses. Accessories which are customarily incidental to the main use
of a lot shall be permitted on the same lot subject to the same regulations as the main use, unless
otherwise regulated or prohibited by this ordinance. No accessory building shall be used as a dwelling.
3.8.2. Location of accessory buildings. Accessory buildings shall not be located in any required
front yard nor within three feet of any property line. Accessory buildings attached to a main structure
shall be considered part of such main structure and subject to the regulations thereof.
3.8.3. Use of major recreational equipment. Use of major recreational equipment for living,
sleeping or other occupancy while parked or stored on a lot is prohibited unless the owner of such lot
shall obtain from the zoning administrator a permit for temporary occupancy thereof. Such permits shall
be issued only for guests of the lot owner or lease and shall be valid for a period not to exceed 14 days.
Sec. 3.9. Regulations concerning required yards.
3.9.1. Uses and structures permitted in required yards. The following uses and structures shall
be permitted in required yards, subject to the limitations established.
a. Fences, walls and hedges subject to visibility clearance requirements of subsection 3.9.2.
b. Covered entry porches may project not more than five feet into any required yard.
Uncovered porches may project not more than eight feet into a required rear yard.
c. Architectural features, chimney, eaves, and other like building features may project not
more than 48 inches into any required yard.
d. Balconies may project not more than four feet into any required side or rear yard, but
shall not be closer than three feet to any lot line.
e. Accessory structures subject to the requirements and regulations of section 3.8.
f. Gasoline pump and pump islands, together with accompanying unenclosed canopies, may
be located in the front yard within a district permitted automobile service stations, but not
within 15 feet of a street line.
g. The front yard required of a lot may be the average of the front yards 300 feet on either
side of the lot except that no front yard greater than that required for the district in which
the lot is located shall be required.
3.9.2. Visibility clearance at intersections. For protection against traffic hazards, no planting,
sign, structure or other impediment to visibility greater than 36 inches in height shall be erected, placed,
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allowed to grow or maintained with a visibility triangle on any corner lot, the apex of which triangle is at
the intersecting [intersection] of the department of transportation or other designated right-of-way lines
(extended in the case of rounded corners), the sides being 20 feet in length along the right-of-way lines,
and the base of the triangle running through the lot.
GRAPHIC UNAVAILABLE: visibility
3.9.3. Lots and yards; determination and measurement.
3.9.3.1. Regular lots. Regular lots are defined as having direct access from a public or
approved private road and so located, shaped and oriented to adjacent lots as to be
reasonably adapted to application of general measurements indicated below and with
location of front, side and rear yards logically determined by and related to adjacent
streets and yard patterns. A regular through lot has frontage on two roads at opposite ends
of the lot.
3.9.3.2. Width of regular lots. Width of regular lots shall be determined by measurement
at the building line. The width between side lot lines where they intersect the street right-
of-way line shall be not less than 80 percent of the required lot width, except that on
curved streets or turnarounds where lot lines are radial to the center of curvature, such
width at the street line may be reduced 60 percent of the required lot width.
GRAPHIC UNAVAILABLE: lot width
Lot width. Is the horizontal distance between the side lot lines of a lot, measured at the
front yard setback line.
Lot depth. Is the horizontal distance between the lot lines and the rear lot line of a lot,
measured along a straight line.
3.9.3.3. Frontage of regular lots. Frontage of regular lots shall be determined as follows:
a. On regular interior lots, the front shall be constructed to be the portion nearest the
street.
b. On regular corner lots, the front shall be construed to be the shortest boundary
fronting on a street. Should both street frontages be of equal length, the front of
the lot shall be determined in accordance with the prevailing lotting pattern.
c. On regular through lots, the zoning administrator shall designate the front of the
lot and may, if the pattern of adjacent lots warrants, require that more than one
front yard be provided on such lot.
d. On regular through corner lots, the lot owner or developer may select either
frontage provided the lot width requirements of the district are met.
GRAPHIC UNAVAILABLE: frontage-regular
3.9.3.4. Yards adjacent to streets on regular lots. Yards adjacent to streets on regular lots
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shall be provided as follows:
a. Front yards shall be provided across the width of the lot between side lot lines at the front
of the lot. Front yards may be required for more than one frontage as provided in
subsection 3.9.3.3.c. above.
b. Other yards adjacent to streets shall be provided along the portion of the lot adjacent to
the street and shall be half the minimum depth of the required front yards in the district.
c. Where the lot line adjacent to the street is straight, required yards shall be measured from
such line. Where lots are convex, required yards shall be measured radially from the lot
line. Where lots are concave, required yards shall be measured from a straight line drawn
tangent to the center of the arc of the curve at the street line. Depth of yards shall be
measured perpendicular from such lines.
GRAPHIC UNAVAILABLE: rear yards, regular
3.9.3.5. Rear yards on regular lots. Rear yards on regular lots shall be provided across the
full width of the lot at the rear. Depth of the rear yard shall be measured such that the
yard is a strip of the minimum required depth with its inner edge parallel to its outer edge.
Regular corner lots and regular through corner lots shall be deemed to have no rear yards,
but only a full-depth front yard (or two full-depth front yards), a half-depth front yard and
side yards.
3.9.3.6. Side yards on regular lots. Side yards on regular lots shall be provided from the
required front yard line to the required rear yard line. On regular corner lots the side
yards shall be provided from the point where the side yard lines intersect to the required
front yards. On regular through lots the side yards shall be provided from the required
front yard to the second required front yard.
3.9.3.7. Irregular lots. Irregular lots are defined as having direct or indirect access from a
public or approved private road and so located, shaped or oriented to adjacent lots that
application of general measurements or yard requirements of the district in which the lot
is located serve no significant public purpose, and with location of front, side and rear
yards not logically determined by nor related to adjacent streets and yard patterns.
3.9.3.8. Dimensional requirements for irregular lots. Dimensional requirements for
irregular lots shall be considered to be met provided:
a. Lot area shall meet the applicable district requirements for the proposed use.
b. Open space provided on the lot shall be not less than as required on a regular lot
of minimum width and area in the same district.
c. Building area remaining after all required yards have been provided shall have
dimensions and location appropriate for all buildings proposed.
3.9.3.9. Yards of irregular lots. Yards of irregular lots shall provide at least the same
separation from all lot lines as required for minimum side yards in the district.
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Additionally, if an irregular lot abuts a street, a yard depth equal to the required front yard
for the district shall be provided adjacent to the street.
Sec. 3.10. Height regulations.
3.10.1. Measurement of building and structure heights. Height of a building shall be
measured from the average grade on all sides of the building facing a street to the highest point of the
roof. Height measurement shall not apply to flagpoles, chimneys, cupolas, spires, barns, silos, farm
buildings, monuments, radio or TV antennas, parapet walls, roof-top mechanical equipment screened by
parapet walls, water tanks or transmission towers and cables; provided, that no structure taller than the
maximum height for a specific district shall be erected to a height exceeding the distance to the nearest
lot line or, in the case of structures located on an easement, to the nearest easement line.
GRAPHIC UNAVAILABLE: height
Sec. 3.11. Sign regulations.
3.11.1. Classification of signs. Only the signs listed and described below shall be
permitted subject to the regulations specifically set forth and all other applicable regulations of this
ordinance.
3.11.1.1. Church bulletin boards. One church bulletin board in addition to an identification
sign, not exceeding 24 square feet in area, when displayed on the property of the church,
provided that when a church faces more than one street, one such church bulletin board
may be erected or displayed on each street frontage. Permit required.
3.11.1.2. Construction signs. Construction signs erected and maintained on a lot where a
structure is being built shall be allowed in all districts during the period of construction
only to announce the nature of the nature of the structure and the names of the owners,
contractors, and designers. Only one such sign shall be allowed on a construction site,
shall be limited in area to a maximum of 24 square feet, and shall not be illuminated. No
permit required.
3.11.1.3. Directional signs. Directional signs are permitted in any zoning district, except
the one-family dwelling district (R-1). Such signs shall be for the sole purpose of giving
directions to specified churches, community buildings, or business establishments. Such
signs shall be limited to 12 square feet, shall not be illuminated and must be located a
minimum of five feet from any street right-of-way. Permit required.
3.11.1.4. Government signs. Government signs erected and maintained by local, state and
federal authorities are permitted in all areas. No permit required.
3.11.1.5. Hunting, fishing or trespassing signs. Hunting, fishing or trespassing signs
erected on a property as a warning notice are permitted in all districts. Such signs shall
not exceed an area of one and a half square feet and shall not be illuminated. No permit
required.
3.11.1.6. Identification signs. The following identification signs may only be erected on the
same lot as the activity identified for the purpose of identifying the activity on the lot or
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premises (name of the business, hours of operation etc . . . ). Such signs are allowed in all
districts, per the requirements provided below, but such signs shall not be erected on any
residential lot. Permit required.
a. The following freestanding identification sign is permitted in the agricultural
zoning districts and general dwelling district (R-2) and multi-family dwelling (R-
3) zoning districts. A freestanding sign is 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. Only one such sign shall be allowed on any
street frontage and no such sign shall exceed 50 square feet in area.
b. The following freestanding identification sign is permitted in the commercial and
industrial zoning districts. A freestanding sign is 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. Only one such sign shall be allowed on any
street frontage. No such sign shall exceed 75 square feet in area, plus one
additional square foot for each foot of linear street frontage over 100 feet up to a
maximum size of 150 square feet.
c. The following wall or projecting identification sign is permitted in the agricultural
or general dwelling district (R-2) and multi-family dwelling zoning districts. Any
sign supported by structures or supports that are placed on, attached to or mounted
on a canopy or the wall or roof of a building or structure. The maximum
aggregate size of such sign or signs shall be two square feet for each lineal foot of
building frontage up to a maximum of 100 square feet.
d. The following wall or projecting identification sign is permitted in the
commercial or industrial zoning districts. Any sign support by structures or
supports that are placed on, attached to or mounted on a canopy or the wall or
roof of a building or structure. The maximum aggregate size or such sign or signs
shall be two square feet for each lineal foot of building frontage up to a maximum
of 200 hundred square feet.
3.11.1.7. Real estate signs. Real estate signs pertaining only to the sale or lease of the lot or
structure on the lot upon which the sign is erected are permitted in all districts. Only one
such sign shall be permitted on a lot except that lots in excess of ten acres may have a
maximum of two such signs. Real estate signs shall be a maximum size of 32 square feet
except in residential districts where such signs shall be limited to six square feet in area.
No permit required.
3.11.1.8. Roadside produce stand signs. Roadside produce stand signs erected on any farm
advertising only farm produce sold on the premises are permitted in all agricultural
districts. No more than two such signs shall be permitted on any property and they shall
not exceed 32 square feet in area. Signs shall be setback at least ten feet from the right-of-
way and shall not be illuminated. Permit required.
3.11.1.9. Shopping center, industrial park and office/professional center signs. The
following provisions shall apply to shopping center, industrial park, and
office/professional center signs. Permit required.
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a. One freestanding sign identifying the center or park shall be permitted on any
street frontage. A freestanding sign is 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. The maximum size of such sign shall be 100 square
feet, plus one additional square foot for each foot of linear street frontage over
100 feet, up to a maximum of 250 square feet. If a center or park has more than
one street frontage, two such signs shall be permitted; provided that the combined
square footage shall not exceed the total normally permitted for one sign. No
freestanding sign, other than that noted above, shall be permitted for Individual
enterprises located within or on the same lot as the center or park.
b. Wall sign. Any sign painted on, attached, or mounted on the wall, canopy, or roof
of a building or structure. Each store or industry may have one wall sign. The
maximum height of such sign shall not exceed the height of the building. The
maximum size of such sign shall be two and one-half feet for each lineal foot of
building frontage up to a maximum of 200 square feet.
c. Each store or industry shall also be permitted one identification sign, not to
exceed ten square feet in size, on the rear of the building, to identify the tenant,
and one under-canopy sign, not to exceed six square feet in size.
3.11.1.10. Subdivision sign. Signs not exceeding 32 square feet in area for the purpose of
identifying a housing development or subdivision, displayed on the property so identified
and at least five feet from the street right-of-way, provided that only one such sign shall
be displayed facing any one street. Permit required.
3.11.1.11. Temporary signs. Temporary event signs provided that the sign is located on the
lot or premises where the event is occur and that the maximum size of such signs shall
not exceed 16 square feet and that not more than two such signs shall be located on any
lot or premises. Temporary signs shall not be permanently attached to a structure nor
permanently mounted in the ground. No temporary event sign permit shall be issued for a
period of more than 30 days. Permit required.
3.11.1.12. Election signs. Election signs of a temporary nature shall not require a permit and
shall be removed within 30 days after the election.
3.11.2. Prohibited signs. The following types of signs are prohibited in all zoning
districts:
a. Any sign of which all or any part is in motion by any means, including fluttering,
rotating or other moving signs set in motion by movement of the atmosphere.
b. Any sign displaying flashing or intermittent lights or lights of changing degrees of
intensity, except a sign indicating time or temperature, with changes alternating
on not less than five seconds cycle, or message board, when such sign does not
constitute a public safety or traffic hazard, in the judgment of the zoning
administrator.
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c. Any lighting either exposed tubing or strings of lights, either outlining any part of
a building affixed to any ornamental feature thereof, except for seasonal holiday
displays which are limited to 45 days.
d. Any sign that obscures or interferes with a sign displayed by a public authority for
the purpose of giving traffic instructions or direction or other public information.
e. Any sign that uses the word "stop" or "danger" or otherwise presents or implies
the need or requirement of storing or caution of the existence of danger or which
is a copy or imitation of or which for any reason is likely to be confused with any
sign displayed by public authority.
f. Any sign that obstructs any window, door, fire escape, stairway, ladder, or
opening intended to provide light, air, ingress or egress for any building, as
required by law.
g. Any sign or illumination that causes any direct glare into or upon any building
other than the building to which the sign may be related.
h. Any sign that violates any provision of any law of the state relative to outdoor
advertising.
3.11.3. Height and setback requirements for all permitted signs. The following provisions
shall apply to the height and setback requirements for any permitted sign.
a. Height. No sign shall exceed a height of 25 feet unless a special exception permit is
issued per the requirements of section 5.4, zoning ordinance. The height of a sign shall be
computed as the distance from the base of the sign at normal grade to the top of the
highest attached component of the sign. Normal grade shall be construed to be the lower
of; 1) the 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.
b. Setback. The minimum setback requirement for all permitted signs less than ten feet in
height is five feet from the street right-of-way. The minimum setback requirement for
signs ten feet or greater in height is 15 feet from the street right-of-way.
3.11.4. Measurement of sign area. The area of a sign shall be determined by the smallest
rectangle, circle or triangle that can be used to enclose the sign, exclusive of supporting members that
bear no message. Providing that:
a. The area of a sign or any portion thereof having a distinctive or ornamental background
shall include the area enclosed by such border, and the area enclosed therein.
b. The area of a sign or any portion thereof having a distinctive or ornamental background,
which sets such background apart from a larger surface so that it forms an integral part or
element of the sign, as distinguished from a functional part of the building exclusive of
such sign, shall include the area of such background.
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c. The area of a freestanding sign or any portion thereof having a background which extends
beyond the words, symbols or pictorial elements thereof shall include the area of such
background.
d. The area of a double-face sign, as herein defined, shall be considered to be the area of
one face only.
3.11.5. Placement of signs. No sign shall be located so as to cause a hazard to vehicular
or pedestrian traffic nor in any public right-of-way. No sign shall be so located as to interfere with a
driver's view at street or driveway intersections.
3.11.5.1. Wall signs. Wall signs may be mounted only within an imaginary rectangle drawn
on a continuous building facade unbroken by doors, windows, building angles or other
architectural features.
3.11.5.2. Projecting signs. Projecting signs mounted on a wall with faces not parallel to the
wall may project not more than four feet and shall be set away from the wall a minimum
of six inches but not more than 12 inches. Where projections are over doors or walkways,
a minimum vertical clearance of eight feet shall be provided. Where projections are over
a travel lane a minimum vertical clearance of 14 feet shall be provided.
3.11.5.3. Roof signs. Roof signs may be mounted above the eave line of a building in
commercial or industrial districts, but shall not project above the roof peak or top of
parapet wall.
3.11.5.4. Freestanding signs. Freestanding signs may be erected anywhere on a lot subject
to the setback requirements herein.
3.11.6. Unsafe and/or unlawful signs. Whenever the zoning administrator determines that
any sign has been erected in violation of the terms of this ordinance, or is unsafe or insecure, such sign
shall either be made to conform to all applicable sign regulations or shall be removed at the expense of
the owner within ten days of written notification thereof by the zoning administrator.
3.11.7. Nonconforming signs. Sign lawfully existing as of July 21, 1999, which do not
conform to the provisions of this article and signs which are accessory to a nonconforming use shall be
deemed to be nonconforming signs. Such signs shall not be enlarged, extended or structurally altered, or
reconstructed. No nonconforming sign shall be moved on the same site.
Sec. 3.12. Off-street parking requirements.
Within all districts, off-street parking shall be provided in accordance with the table of required
parking spaces listed herein. Parking spaces shall be properly related to a street for access purposes and
to maneuvering of vehicles with space of sufficient dimensions to preclude maneuvering of vehicles on
any street or sidewalk. Spaces shall be arranged so that any vehicle may be removed without moving
another. An area designed for required off-street parking shall not be discontinued or diminished in area
until equal facilities are provided elsewhere. All parking spaces and fire lanes shall be clearly marked
and visible at all times.
3.12.1. Size of required parking spaces. For purposes of these regulations, a standard off-street
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parking space shall measure a minimum of nine feet wide by 18 feet in length with a
minimum area of 180 square feet, except for handicapped spaces and those required for
multi-family residential complexes for the elderly which shall be sized as specified in the
Virginia Uniform Statewide Building Code for handicapped parking.
3.12.2. Required parking aisles. Each parking space shall have direct and unrestricted access to
an aisle of the following minimum width:
Angle of parking Number of parking rows
One row Two rows
90 20 feet 22 feet
<90 18 feet 20 feet
3.12.3. Reduction of size of parking spaces. Where more than ten spaces are required by this
ordinance, a maximum of 30 percent of the required spaces may be reduced to a
minimum width of eight feet and a minimum length of 16 feet provided that such spaces
are designated by appropriate signs as reserved for compact cars only.
3.12.4. Reduction in the number of spaces. When one parking area serves several businesses, the
number of parking spaces may be reduced by ten percent. This reduction shall not apply
to shopping centers. This reduction may be combined with other reductions provided by
this ordinance. However, the maximum reduction allowed shall be 15 percent.
3.12.5. Paving of parking spaces. Any off-street parking area where eight or more parking spaces
are required by this ordinance shall be surfaced so as to provide a durable and dustless
surface and shall be arranged and marked to provide safe and orderly loading, unloading
and storage of vehicles; provided however, that clubs, fraternal organizations and similar
uses which have infrequent use of parking areas may, upon presentation of written
justification, be granted a waiver from the paving requirement by the board of
supervisors; this waiver may be requested concurrent with the site plan review, per article
7, site plan requirements, King George County Zoning Ordinance. However, in no case
shall any land use where the subject parking facilities will be used more than two days
per week be granted a waiver. At a minimum, however, parking and driving areas for the
aforementioned uses shall be surfaced with crushed stone in an amount sufficient to
prevent soil erosion, abate dust and provide an adequate driving surface, unless the board
of supervisors approves another type of driving surface.
3.12.6. Lighting of parking areas. All parking areas designed to accommodate more than 20
vehicles and intended for use by the general public shall be illuminated. Light sources
shall be shielded and directed in such a manner as to avoid shinning onto adjoining
properties or streets.
3.12.7. Landscaping design criteria. These requirements shall not apply to existing parking areas
when there is a change in the use of a structure where no additional parking spaces are
required to be provided under the provisions of this ordinance. These requirements shall
only apply to new construction and where additional parking spaces are required to be
provided under the provision of this ordinance. Where additional parking spaces are
required to be provided, the landscaping provisions shall only apply to the additional
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parking spaces. Landscaping materials and planting shall conform to the standards of
article 7, section 7.j.2., planting specifications, King George County Zoning Ordinance.
All parking areas shall provide a parking lot landscape plan meeting the following
requirements. Where landscaping is used to enhance storm water treatment, through the
use of bioretention areas, filter strips, and other best management practices the total
parking requirements may be reduced by ten percent.
3.12.7.a. Interior coverage requirements. In areas that provide 50 or more spaces a
minimum of six percent of a parking lot area shall be landscaped. Neither required
screening along the perimeter of any parking lot nor border plantings adjacent to
buildings shall be considered as part of the interior landscape requirements.
3.12.7.b. Perimeter coverage requirements. Perimeter landscaping shall be provided
where any parking lot adjoins a residential or agricultural district.
In parking areas where 19 or fewer spaces are provided there shall be provided on
the lot with the parking a continuous opaque visual buffer with a minimum height
of four feet.
In parking areas where 20 or more parking spaces are provided the following
requirements apply. A landscaping strip of four feet in width shall be located
between the parking area and the abutting property lines. One tree for each 50 feet
shall be planted in the landscaping strip. In addition, a wall, hedge, or other
durable landscape barrier shall be planted or installed. The height of the hedge
shall be no less than three feet and no more than seven feet. The height of any
wall or durable landscape barrier shall be no less than five feet and no more than
seven feet. One shrub or vine for each ten feet of non-living durable barrier shall
be planted between the parking lot and the barrier, and the barrier and the abutting
property line.
3.12.7.c. Street coverage requirements. Street landscaping shall be required along
any side of a parking lot that abuts the right-of-way of any street, road or
highway. A landscaping strip ten feet in depth shall be located between the
abutting right-of-way and the parking lot. One tree shall be planted for each 40
linear feet of the landscaping strip. A hedge wall or other durable landscape
barrier of a least two and one-half feet tall shall extend the entire length of the
landscaping strip. The first 25 feet on both sides of any accessory driveway
pavement is excluded from this requirement. One shrub or vine for each ten feet
of non-living durable barrier shall be planted between the barrier and the street,
and between the barrier and the parking lot. Where street landscaping required by
this section conflicts with street planting requirements of the Virginia Department
of Transportation (VDOT), the regulations of VDOT shall govern.
3.12.8. Limitation of use of off-street parking. No off-street parking area shall be used for the
sale, repair, display, dismantling or servicing of any vehicle, equipment, materials or
supplies.
3.12.9. Location of off-street parking. Required off-street parking facilities shall be provided on
the same lot with the principal structure, except that where an applicant can demonstrate
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that adequate conditions and contractual safeguards exist to assure perpetual availability
of an adjacent property, such adjacent property may be used to satisfy the off-street
parking requirements of this ordinance.
3.12.10. Table of required parking spaces. Parking spaces required on an employee/person
basis in the sections that follow shall be based on the maximum number of
employees/persons on duty or residing, or both, on the premises at any one time, or the
occupancy load of the building, whichever is greater.
Automobile, boat, mobile home display or machinery sales area. One space per 800
square feet of enclosed sales/rental floor area, plus one space per 5,000 square feet of open
sales/rental display lot area, plus two spaces per service bay, plus one for each employee, but
never less than five spaces.
Automobile service station. One space per 300 square feet of floor area, plus one space
per service bay.
Automobile repair facility. Two spaces per service bay, plus one space for each employee
on maximum shift, but never less than five.
Automobile wrecking, junk, or salvage yard which offers for sale to the public any new or
used merchandise. One space per two employees, plus one per 10,000 square feet of lot area or
two spaces per 100 square feet of floor area whichever is greater.
Bank. One space per 200 square feet of gross floor area for customer service, lobby and
teller area, plus additional space as required herein for any associated offices. In addition for
drive in windows, there shall be eight stacking spaces in front of the first window and two
stacking spaces in front of each additional window; except that five stacking spaces may be
permitted in front of each of the first two windows, provided that both windows shall always
remain open when the drive-in facility is in operation.
Barbershop/beauty shop. Two spaces per beauty or barber shop chair.
Bowling alleys. Three spaces per each alley in addition to spaces required for restaurant
facilities.
Churches. One space per four seats in the main assembly room, plus one space per 500
square feet of educational or indoor recreational/assembly hall.
Commercial recreation uses. One space per four patrons, based on the design capacity of
the facility.
Commercial or trade schools. One space per three students plus two spaces for every
three employees.
Dance, assembly and exhibition halls without fixed seats. One space per 20 square feet of
net leasable area.
Dwellings. Two spaces per dwelling unit.
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Funeral homes and mortuaries. One space per four seats in the main chapel or parlor,
plus one space per two employees, plus one space for each vehicle used in connection with the
business.
Furniture or carpet store. One space per 500 square feet of net floor area, plus one space
for each employee.
Golf courses. Twenty-two spaces for each nine holes.
Group care facility. One space for each four individuals plus one space for each
supervisor; plus one space for each two employees.
Hospitals, nursing homes and/or convalescent centers. One space for every three beds,
plus one space for every two employees.
Hotels, motels and lodging houses. One space for each room containing beds, plus such
spaces as are required for eating establishments, assembly rooms, and related facilities.
Manufacturing or assembly plants. Five plus one space for every two employees on
maximum shift.
Medical, dentist, physicians', physical therapist offices. Four spaces for each office,
except that a minimum of ten spaces shall be provided.
Mini-warehouse. Three and two-tenths spaces per 1,000 square feet of gross floor area of
office space associated with the use plus one space per employee, and two spaces for a resident
manager.
Museums and libraries. Ten spaces plus one space for each 400 square feet over 2,000
square feet.
Nurseries and day care facilities. One space for each ten children, plus one for each
employee or staff member on maximum shift or five spaces, plus one space for every employee
on the maximum shift and a paved unobstructed pick-up space with a stacking area for eight
vehicles in addition to a standard driveway and parking requirements.
Offices. Unless other wise provided for in this section.
a. 50,000 square feet of gross floor area or less: Three and six-tenths spaces per
1,000 square feet of gross floor area.
b. Greater than 50,000 square feet of gross floor area but less than 125,000 square
feet of gross floor area: Three spaces per 1,000 square feet of gross floor area.
c. 125,000 square feet of gross floor area or more: Two and six-tenths spaces per
1,000 square feet of gross floor area.
Personal service establishments. One space per 300 square feet of gross floor area.
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Recreational facility, outdoor (private/commercial). Thirty spaces per athletic field
and/or one space for each 1,500 square feet of useable recreational space.
Restaurant. One for every three seats, plus one space for each two employees on
maximum shift.
Fast-food restaurant. One space per four seats, plus one space per two employees where
seating is at tables, plus one space per two seats where seating is at a counter. For fast-food with
no seating facilities: one space per 100 square feet of net floor area with a minimum of ten
spaces. For a fast-food restaurant with drive-in facilities: in addition to the parking requirements
above, eight stacking spaces for the drive-in window, with a minimum of four such spaces
designated for the ordering station. Such spaces shall be designed so as not to impede pedestrian
or vehicular circulation on the site or on any abutting street.
Retail sales establishments. One space per 250 square feet of retail floor area.
Rooming and boarding houses. One space per each guest accommodation.
Schools.
a. Elementary, junior high, equivalent private or parochial schools. Two spaces per
three teaches and the employees normally engaged in or about the building
grounds; plus one space for each 150 square feet of seating area, including aisles,
in any auditoriums;
b. Senior high schools and the equivalent private or parochial schools. Two spaces
per three teachers and employees normally engaged in or about the building or
grounds, plus one space for each 150 square feet of seating area, including aisles,
in any auditoriums, gymnasiums, or cafeteria intended to be used as an
auditorium, whichever is greater.
Shopping center.
a. 100,000 square feet of gross floor area or less: four and three-tenths spaces per
1,000 square feet of gross floor area.
b. Greater than 100,000 square feet of gross floor area: five per 1,000 square feet of
gross floor area.
Sports arenas, auditoriums, theaters and assembly halls. One space for every four seats;
or six feet of bench length.
Swimming pool, community. One space for every seven persons lawfully permitted in the
pool at one time, plus one space per employee, subject to a lesser number determined by the
zoning administrator which is in accordance with the number of members who are within a
reasonable walking distance of the pool.
Veterinary clinic or hospital. One for each 200 square feet of floor area.
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Wholesale and warehouse establishments. Five spaces plus one space for every two
employees on maximum shift.
Other uses not listed. To be determined by zoning administrator based on expected
number of vehicles visiting the premises during peak periods.
Sec. 3.13. Off-street loading spaces.
For every building having more than 3,000 square feet of floor area and used, or intended to be
used, for manufacturing, storage, sales, display, a hotel, a hospital, or any activity normally involving
the receipt or distribution of materials or merchandise, there shall be provided, on the same premises,
adequate space for standing, loading and unloading of trucks to avoid interference with public use of
streets and alleys.
Access to loading spaces shall be provided from a public street or alley and arranged to avoid
conflicting with automobile parking spaces or access thereto. Additionally, adequate maneuvering space
shall be provided on the premises so as to avoid backing of trucks into any public street or required
automobile parking area.
Loading spaces shall be at least 12 feet wide and 30 feet long and, where tractor-trailer
combination trucks are used, loading spaces shall be at least 12 feet wide by 60 feet long. All loading
spaces in commercial or residential districts shall be provided with a dustless surface.
Sec. 3.14. Restricted keeping of inoperative vehicles.
It shall be unlawful for any person, firm or corporation to keep on any property zoned for
residential or commercial or agricultural purposes more than one motor vehicle, trailer, or semitrailer
which is inoperative.
3.14.1. Exceptions.
a. The provisions of this ordinance shall not apply to any licensed business regularly
engaged in business as an automobile repair or service facility, automobile dealer,
salvage dealer or scrap processor.
b. The provisions of this ordinance shall not apply to a mobile home with a valid
building permit or certificate of occupancy.
c. The provisions of this ordinance shall not apply to any inoperative vehicle within
a fully enclosed building or structure, or otherwise shielded or screened from
view.
d. The provisions of this ordinance shall not apply to motor vehicles that are
licensed for farm use and used for the purpose of agriculture.
3.14.2. Compliance.
1. If any property owner in a residential, commercial or agricultural zoning district
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keeps more than one inoperative vehicle on their property, the zoning
administrator of King George County, shall only after receiving a valid complaint,
notify said property owner in writing by certified mail to remove from their
property any such excess inoperative vehicles within 30 days of the date of the
notice letter.
2. The zoning administrator is authorized to remove and dispose of any such
inoperative vehicle whenever the owner of the premises has failed to do so within
the 30-day notice period; and
3. In the event the zoning administrator authorizes the removal of any such
inoperative vehicle, the cost of any such removal and disposal may be chargeable
to the owner of the premises; and
4. In the event any such inoperative vehicle is removed, the vehicle shall be disposed
of after giving 30 days' additional notice to the owner of the vehicle; and
5. The cost of any such removal and disposal shall be chargeable to the owner of the
vehicle or premises and may be collected by the county as taxes and levies are
collected; and
6. Every cost authorized by this section with which the owner of the premises has
been assessed shall constitute a lien against the property from which the vehicle
was removed. The lien is to continue until actual payment of such costs has been
made to the county.
ARTICLE 4.
SUPPLEMENTARY REGULATIONS
The following supplementary regulations apply to uses in all districts whether or not such uses
are permitted by right or by special exception. Supplementary regulations are in addition to all other
requirements of this ordinance, the Code of King George County, and all other applicable laws.
Sec. 4.1. Mobile home park.
[Allowed only in the A-3]
4.1.1. Intent. These provisions are designed to accommodate mobile homes in a planned mobile
home park neighborhood setting with open space and recreation requirements in order to encourage a
suitable living environment where rental lots are provided for mobile home habitation. It is the intent of
this ordinance that mobile home parks shall be established by special exception procedure pursuant to
sections 5.4 and 5.5 of this ordinance.
4.1.2. Status/requirements. Mobile home parks hereinafter established are special exception
uses permitted only in specific named zoning districts. In addition to special exception requirements,
mobile home parks are subject to the site plan requirements of section 5.5 of this ordinance.
Notwithstanding other site plan requirements of this ordinance, site plans for mobile home parks shall be
drawn to a scale of not less than one inch equals 20 feet, shall be sufficient for the zoning administrator
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to determine that regulation of this ordinance can and will be satisfied, and shall include information
describing surrounding land use, zoning, topography and vegetation. The site plan shall show all
proposed streets, utilities and structures with specifications indicating compliance with the provision of
these regulations, the Uniform Statewide Building Code and the Virginia Industrial Building Unit and
Mobile Home Safety Act.
4.1.3. Bulk regulations.
4.1.3.1. Area of mobile home park. No such use shall hereafter be established on a lot of
less than five contiguous acres. No such use shall hereafter be planned to accommodate
more than 50 mobile homes.
4.1.3.2. Frontage. Mobile home parks shall have minimum frontage of 200 feet on a state
maintained road. Each mobile home lot in a mobile home park shall have a minimum
frontage of 75 feet on an internal street which is connected to a road in the state
maintenance system.
4.1.3.3. Density. The maximum number of mobile home units in a mobile home park shall
be five units per acre excluding areas within 100-year floodplain, areas exceeding 15
percent slope, and areas within public right-of-way.
4.1.3.4. Lot size. The minimum lot size for mobile homes shall be 7,500 square feet. Only
one mobile home may be located on a lot.
4.1.3.5. Setback. No mobile home lot shall be located closer than 50 feet to the nearest
right-of-way line of a road in the state maintenance system. No mobile home shall be
located closer than 100 feet to any property line in a zoning district where mobile home
parks are not permitted. Setback of mobile homes from adjacent property lines in the
same zoning district or in zoning districts which permit mobile home parks shall be a
minimum of 50 feet. A mobile home shall be set back a minimum of 20 feet from all
internal streets.
4.1.3.6. Yards. The minimum distance, at any point, between any two mobile homes shall
be 30 feet. Minimum rear yard shall be 30 feet.
4.1.4. Open space and recreation. A minimum of 200 square feet of recreation area and open
space shall be provided and maintained for each mobile home lot. Each mobile home park shall provide
not less than one recreation area or playground, and no such area shall be less than 4,000 square feet in
area. Such area shall be used exclusively for recreational purposes.
4.1.5. Lot standards.
4.1.5.1. Grading. Each mobile home site shall be graded to provide positive drainage
away from the mobile home site at a minimum gradient of one-half of one percent.
4.1.5.2. Markers. Every mobile home site shall be clearly defined. There shall be posted
and maintained in a conspicuous place on each lot a number corresponding to the number
of each site.
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4.1.6. Infrastructure.
4.1.6.1. Streets. The minimum internal street on which an individual mobile home lot
fronts shall be 20 feet in paved width. In cases where streets dead-end in a cul-de-sac, the
minimum radius shall be 40 feet. The minimum material will be a base of no less than six
inches of compacted gravel. All internal streets shall have unobstructed access to a public
street or highway. Entrances to mobile home parks from any public street or shall
conform to the current standards of the Virginia Department of Highways. Any public
street within the mobile home park shall conform to all department of highways'
standards.
a. Streets shall be adapted to the topography and shall suitable alignment and
gradient for the safety of traffic, satisfactory surface and ground water drainage
and proper functioning of sanitary and storm sewer systems.
b. Internal street intersections shall have generally be a right angles. Offsets at
intersections and intersections of more than two streets at one point shall be
provided.
c. The internal street improvements shall extend continuously from the existing
improved street system to provide suitable access to mobile homes and other
important facilities in the park, to provide adequate connections to the existing or
future streets at the boundaries of the property and to provide convenient
circulation of vehicles with origins or destinations on the property.
d. Grading shall be for the full width of the street or provide suitable finish grades
for pavements and any sidewalks with adequate surface drainage and convenient
access to the mobile home stands and other important facilities on the property.
4.1.6.2. Parking. Off-street parking spaces shall be provided at the rate of at least two car
spaces on each mobile home lot. In addition, each park shall include a sufficient number
of car spaces, conveniently located in parking bays, to bring the total number of parking
spaces up to three car spaces per mobile home lot. Each such parking space shall be
surfaced for its entire area with durable, hard material, suitable for all weather use and
shall have unobstructed access to a public street or common street within the park.
4.1.6.3. Utilities.
a. Each mobile home site shall be provided with an individual connection to a public
sewerage system or other approved sanitary sewage disposal system; all materials
used for sewer connections between the mobile home and the inlet sewer line
shall be semirigid, approved pipe (not less than Schedule 40), corrosive resistant,
nonabsorbent and durable. The inner surface shall be smooth.
b. Each mobile home site shall be provided with an individual connection to a public
water supply or other approved potable water supply; an adequate supply of water
approved by the health department shall be furnished, which shall include frost-
free lines and a frost-free supply for each mobile home lot.
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c. Each mobile home shall be provided with electrical service installed in
accordance with the National Electrical Code.
4.1.6.4. Lighting. All mobile home parks shall provide adequate dusk to dawn lighting.
All entrances and exits shall be lighted at night by a system which consists of either a 100
watt mercury light or a 200 watt incandescent light. In addition, lighting meeting these
standards shall be provided for each 120 feet of internal linear streets.
4.1.6.5. Trash disposal. The mobile home park owner shall be responsible that each
occupied mobile home lot be provided with at least one tight-fitting garbage or trash
container and provide disposal at a frequency to assure it will not overflow or metal
dumpsters shall be provided and maintained on the mobile home park site.
4.1.6.6. Electric service. It shall be unlawful for any electric company to connect
electricity to any mobile home service in the county unless the company has been notified
by the building inspector that an electrical permit has been obtained and the service has
been inspected and approved. It shall be unlawful for any individual to provide electricity
to any mobile home in the county through the use of an extension electrical cord method
except for emergencies as approved by the building inspector.
4.1.6.7. Gas/oil. Gasoline, liquefied petroleum, gas or oil storage tanks shall be so
installed as to comply with all county, state and National Fire Prevention Code
regulations.
4.1.7. Operation.
4.1.7.1. Park records. It shall be the duty of the park owner or operator to keep a register
containing a record of the names and addresses of all tenants located within the park.
4.1.7.2. Inspection report. A representative of the department of health and the county
building inspector shall inspect and determine the condition of the mobile home parks
and shall report their findings to the governing body in December of each year.
4.1.8. Storage. Storage facilities of at least 36 square feet and not exceeding 120 square feet
shall be provided on each mobile home lot for the active storage of outdoor equipment, furniture and
tools and the inactive storage of such material as is used only seasonally or infrequently by the tenant
and cannot be conveniently stored in the mobile home. Storage facilities must be approved on the lot.
Storage facilities shall be designed in a manner that will enhance the appearance of the park and shall be
constructed of suitable weather-resistant materials appropriate for the use and maintenance
contemplated.
4.1.9. Maintenance. Internal streets shall be maintained by the owner of each mobile home park
in order that such streets remain unobstructed and in suitable condition for passage of tenants, visitors
and public safety vehicles.
Recreation and other areas designed for common use by some or all tenants shall be maintained
by the owner of each park in order that such areas their intended purpose(s), do not offer refuge for
rodents and other pests, and present a tidy appearance.
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Sec. 4.2. Outdoor theater.
4.2.1. Area and dimensional requirements.
4.2.1.1. Minimum area of site shall be five acres.
4.2.1.2. The site shall be adjacent to a primary road or roads and entrances and exists shall
be from said roads; all buildings, structures and parking areas shall be set back at least
100 feet from any property line adjacent to a residential or agricultural district.
4.2.2. General requirements.
4.2.2.1. Off-street parking or storage lanes for waiting patrons shall be available to
accommodate not less than 30 percent of the vehicular capacity of the theater. Entrances
and exits shall be provided with acceleration and deceleration storage lanes in accordance
with standards of the Virginia Department of Highways and Transportation.
4.2.2.2. The screen shall be located in such a manner that it may not be easily viewed
from any street, public area or residential area.
4.2.2.3. A wall or fence shall be provided to screen the cars in attendance from the view of
surrounding property, the perimeter of the fence shall be suitably landscaped to preserve
harmony with the appearance of surrounding property.
4.2.2.4. Individual speakers for each car shall be provided and no central loud speaker
shall be permitted.
4.4.2.5. Exits and aisles shall be kept adequately lighted at all times when open to the
public. Outdoor lighting shall be directed away from adjacent roads and properties.
Sec. 4.3. Recreational vehicle (R.V.) parks/campgrounds.
4.3.1. Intent. These provisions are designed to accommodate recreational vehicle parks operated
in a safe and healthful manner. Recreational vehicle parks may be established by special exception
procedures pursuant to sections 5.4 and 5.5 of this ordinance.
4.3.2. Status/requirements. Recreational vehicle parks hereinafter established are special
exception uses permitted only in specific named zoning districts. Except as otherwise provided in this
ordinance, a recreational vehicle used for dwelling purposes outside of a legally established and
operated recreational vehicle park shall constitute a violation of this ordinance.
In addition to special exception requirements, recreational vehicle parks are subject to the site
plan requirements of this ordinance. Notwithstanding other site plan requirements of this ordinance, site
plans for recreational vehicle parks shall be drawn to scale of not less than one inch equals 20 feet, shall
be sufficient for the zoning administrator to determine that regulations of this ordinance can and will be
satisfied, and shall include information describing surrounding land use, zoning, topography and
vegetation. Site plans shall indicate all proposed streets, utilities and structures with specifications to
indicate compliance with the provisions of these regulations.
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4.3.2[A]. Bulk regulations.
4.3.2[A].1. Density standards. No recreational vehicle park shall contain more than
100 nor less than ten unit spaces. The minimum unit space area shall be 1,800
square feet. The density of unit spaces provided for units shall in no case exceed
15 spaces per gross park acreage and no one acre shall exceed 25 R.V. unit sites.
The minimum area required for application and institution of a recreational park
shall be ten contiguous acres.
4.3.2.[A].2. Required separation between units. Units shall be separated from each
other and from other structures by at least 20 feet. Any accessory structure such as
attached awnings, carports or individual storage facilities shall be considered, for
purposes of this separation requirement, a part of the unit.
4.3.3. General requirements.
4.3.3.1. Condition of soil, groundwater level, drainage or topography shall not create
hazards to the property or the health or safety of the occupants. R.V. unit sites shall be
well-drained, gently sloping and rock free. R.V. unit sites shall not be exposed to
objectionable smoke, noise, odors or other adverse influences, and no portion subject to
unpredictable or sudden flooding, subsidence or erosion shall be used for any purpose
which would expose persons or property to hazards.
4.3.3.2. The recreational use of motorbikes, trail bikes and motorcycles within
recreational vehicle parks is hereby prohibited, unless permission therefor has been
specifically granted as a part of the special exception approval.
4.3.4. Design standards.
4.3.4.1. At least 75 percent of the developed unit spaces shall be within areas sufficiently
wooded to provide adequate shade, camouflage and buffering from public view.
4.3.4.2. In designing the site, the applicant shall set aside a minimum 100-foot perimeter
area of undeveloped land.
4.3.4.3. Exposed ground surfaces in all parts of every recreational vehicle park shall be
paved or covered with stone screening, or other solid material, or protected with a
vegetative growth that is capable of preventing soil erosion and of eliminating
objectionable dust.
4.3.4.4. Sites for structures which will serve as commercial convenience centers shall be
no larger than ten percent of the total recreational vehicle park or one acre, whichever is
the lesser.
4.3.5. Registration of occupants and units. Every owner or operator of a recreational vehicle
park shall maintain a register containing a record of all recreational vehicle units and occupants. Such
register shall be available to the zoning administrator, or any other authorized agent inspecting the
recreational vehicle park and shall be preserved for one full year. Said register shall contain:
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1. The names and permanent addresses of all recreational vehicle unit occupants;
2. The make, model and license number of the recreational vehicle unit and tow vehicle;
and
3. The dates of arrival departure of a unit and its occupants.
4.3.6. Park road system.
4.3.6.1. All recreational vehicle parks shall be provided with safe and convenient
vehicular access from an abutting public road to each unit space. Alignment and gradient
shall be properly adapted to topography. Surfacing and maintenance of all roads and
parking areas shall provide a smooth, all weather surface which shall be well drained and
dust free.
4.3.6.2. Ingress and egress of a unit shall be at a single point which provides circulation to
all unit spaces in the recreational vehicle park. The point of ingress and egress shall be
designed to minimize congestion and hazards and to allow free movement of traffic on
adjacent roads. A registration office shall be located between the entrance to the
recreational park and any structure (excluding signs), service facility or access to unit
space in the recreational vehicle park for control of ingress and egress.
4.3.6.3. All weather roads, preferably one-way with adequate width to accommodate
anticipated traffic, shall meet the following minimum requirements:
One-way, no parking.... 11 feet
Two-way, no parking.... 24 feet
4.3.6.4. Each recreational vehicle park shall provide sufficient parking and maneuvering
space so that parking, locating or maneuvering of units incidental to parking shall not
necessitate the use of any public road, sidewalk or right-of-way or any private grounds
not part of the recreational vehicle park.
4.3.7. Sanitary stations.
4.3.7.1. Each recreational vehicle park shall be provided with a sanitary station.
4.3.7.2. Sanitary stations shall be screened from other activities by visual barriers such as
fences, walls or natural growth and shall be separated from any unit space by a distance
of at least 50 feet.
4.3.7.3. In no case shall portable toilets be permitted within a recreational vehicle park.
4.3.8. Service facilities. The requirements of this section shall apply to service buildings,
recreational buildings and other service facilities such as:
a. Management offices, repair shops and storage areas;
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b. Sanitary facilities;
c. Laundry facilities;
d. Indoor recreational areas;
e. Commercial uses supplying essential goods or services for the exclusive use of unit
occupants.
4.3.8.1. Service buildings. Service buildings shall be conveniently located within a radius
of 250 feet to the unit spaces to be served.
4.3.8.2. Each campground shall be provided with one or more service buildings which
contain adequate number of toilet and sanitary facilities. The minimum ratio of sanitary facilities to the
number of campsites shall be provided according to the following schedule:
No. of Sites Toilets Urinals Lavatories Showers Fixtures Other
M W M M W M W
1--15 1 1 0 1 1 1 1 1 slop drain
16--30 2 2 0 2 2 1 1
31--45 2 3 1 3 3 1 1
46--60 3 4 1 3 3 2 2
61--75 4 5 1 4 4 2 2
76--90 4 6 2 4 4 2 2
91--105 5 7 2 4 4 3 3
4.3.8.3. Walks shall be provided to service buildings when internal roads do not provide a
direct route.
4.3.8.4. Self-contained unit park. Where a recreational vehicle park is designed for and
exclusively limited to use by self-contained units, only the following minimum
emergency sanitary facilities shall be required: For each 100 unit spaces, or fractional
part thereof, there shall be one flush toilet and one lavatory for each sex.
4.3.8.5. Accessory facility. When a recreational vehicle park requiring a service building is
operated in connection with a resort or other business establishment, the number of
sanitary facilities for such business establishment shall be in excess of those required by
the schedule for unit spaces and shall be based on the total number of persons using such
facilities.
4.3.8.6. All rooms containing sanitary or laundry facilities shall:
a. Have sound resistant walls extending to the ceiling between male and female
sanitary facilities. Walls and partitions around showers, bathtubs, lavatories, and
other plumbing fixtures shall be constructed of dense, nonabsorbent, waterproof
material or covered with moisture-resistant material.
b. Have at least one window or skylight facing directly to the outdoors. The
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minimum aggregate gross area of the windows for each required room shall be
not less than ten percent of floor area served by them.
c. Have at least one window, which can be easily opened or a mechanical device,
which will adequately ventilate the room.
d. Toilets shall be located in separate compartments equipped with self-closing
doors. The shower stalls shall be of the individual type. The rooms shall be
screened to prevent direct view of the interior when the exterior doors are open.
e. Illumination levels shall be maintained as follows:
Laundry room work area - 40-foot candles;
Toilet room, in front of mirrors, - 40-foot candles.
f. Hot and cold water shall be furnished to every lavatory, sink, bathtub, shower and
laundry fixture, and cold water shall be furnished to every water closet and urinal.
g. The recreational vehicle park shall provide the following at a convenient location
within the parking area; one automatic clothes washer and one clothes dryer for
each 50 unit spaces or fractional part thereof.
4.3.9. Solid waste disposal.
4.3.9.1. Health and safety. The storage, collection and disposal of solid waste in the
recreational vehicle park shall be so conducted to create no health hazards, rodent
harborage, insect breeding areas, accident or fire hazards or air pollution.
4.3.9.2. Collection. All solid waste shall be collected at least twice weekly and transported
from the park. The owner of the park shall be responsible for providing this service.
4.3.10. Insect and rodent proofing.
4.3.10.1. Vegetation control. The growth of brush, weeds and grass shall be controlled to
reduce the harborage of ticks, chiggers and other noxious insects. R.V. parks shall be so
maintained as to retard the growth of ragweed, poison ivy, poison oak, poison sumac and
other noxious weeds considered detrimental to health. Open areas shall be maintained
free of heavy undergrowth of any description.
4.3.11. Fire protection.
4.3.11.1. Litter, rubbish, flammable materials. R.V. parks shall be kept free of litter,
rubbish and other flammable materials, which shall be removed from the premises and
under no conditions disposed of by burning.
4.3.11.2. Fire extinguisher. Portable fire extinguishes of a type approved by the National
Fire Protection Association shall be kept in all service buildings and shall be maintained
in good operating condition.
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4.3.11.3. Posting of fire regulations. Appropriate regulations for the control and prevention
of fire shall be posted in conspicuous locations throughout the park.
4.3.11.4. Barbecue pits, fireplaces, stoves and incinerators. Cooking shelters, barbecue
pits, fireplaces and wood burning stoves shall be located, constructed, maintained and
used as to minimize fire hazard and smoke nuisance both on the property on which used
and on neighboring property. No burning of garage, animal wastes or other materials that
might produce dense smoke or emit objectionable odors will be allowed within the park.
(Ord. of 10-19-88)
Sec. 4.4. Sand or gravel extraction industry.
4.4.1. Intent. The purpose and intent of this section is to outline the procedures to be followed
when applying for a permit to extract sand and gravel within King George County.
4.4.2. Plans required. The application for a special exception permit shall include a copy of all
the information required by the division of mined land [and] reclamation, minerals, other than coal
which shall include:
1. Application for a permit to surface mine for minerals other than coal (when approved by
the state);
2. Plan for development;
3. Plan for reclamation;
4. An aerial photograph of the area enlarged to scale of one inch equals four hundred feet on
which the property to be mined is delineated. The aerial photograph shall include the area
extending outward 300 feet from all property boundaries;
5. Plan showing traffic flow patterns entering and exiting the site at all points where ingress
and egress roads enter a public road or highway.
4.4.3. Plans for development. The plan shall indicate the proposed general locations of all
excavations, structures, equipment, roads, stockpiles, settling basins, vegetative screening and other site
improvements. The plan shall also indicate the area to be permitted and bonded as required by the
division of mined land and reclamation.
4.4.4. Plan for reclamation. The plan for reclamation shall state the intended reuse and shall
conform with [to] all regulations and requirements of the Commonwealth of Virginia, division of mined
land and reclamation. All abandoned slopes, or where mining has been completed, shall within 12
months be vegetated so as to prevent or control erosion.
Cross References: Erosion and sediment control, ch. 6; license tax for extracting minerals, stone, rock, bank gravel,
sand, § 8-43; parks and recreation, ch. 11.
Sec. 4.5. Service station.
4.5.1. Location and dimensional requirements.
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4.5.1.1. Minimum distance between any service station driveway and a residence, church
or hospital shall be 200 feet measured along the street line.
4.5.1.2. Minimum distance between gasoline pump islands, compressed air connections
and similar equipment and any street line shall be 15 feet.
4.5.1.3. Hydraulic hoists, pits and all lubrication, greasing, washing and repair equipment
shall be entirely enclosed within buildings.
4.5.2. Screening. A solid fence or wall a minimum of five feet in height, or a landscape screen,
shall be erected along all property lines separating the site from any lot zoned for residential use. Such
solid fence or wall or landscape screen shall not extend into or beyond the building setback line of an
adjoining residential district.
Sec. 4.6. Land application of Class "A" sludge.
4.6.1. Purpose and intent. The purpose and intent of this section is to outline the procedures to
be followed when applying for a permit for land application of Class "A" sludge. Only Class "A" sludge
shall be suitable for land application within King George County at a site with approval of applicable
state agencies and in accordance with the approved conditions. The minimum size of land for sludge
application shall be 20 contiguous acres.
4.6.2. Definitions. The following definitions shall apply to this section of the ordinance:
4.6.2.1. Sludge, Class "A". Sludge which is classified in the Commonwealth of Virginia
Sewerage Regulations as Class "A" which is stabilized and does not contain heavy metals
or other undesirable components in quantities that:
a. May be harmful to the production of crops, trees or other vegetation;
b. May result in crops or vegetation containing components which may be harmful
to the health of animals or humans when consumed;
c. May render the soil unsuitable for future land use; and
d. May degrade existing groundwater quality.
4.6.2.2. Contractor. An individual or company obtaining the permit and responsible for
complying with the procedures for transporting the sludge from the source to the site of
the application and the rate of regulatory agencies.
4.6.3. Procedure.
4.6.3.1. Prior to applying Class "A" sludge to any land within King George County, the
contractor shall submit an application for a zoning permit to the zoning administrator of
King George County.
4.6.3.2. The application shall be accompanied by the following:
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a. A plat designating the area to which the sludge will be applied;
b. Soil survey reports as may be required of applicable agencies of the
Commonwealth of Virginia to determine the capacity of the soil to receive the
sludge without endangering the water quality of surface streams due to runoff or
underground water sources;
c. A copy of the health department's most recent chemical analysis report on the
sludge. Said report shall be current within 90 days of the date of the application;
d. The regular and alternate transportation routes over which the sludge will be
transported within King George County;
e. A copy of the no-discharge permit complete with special conditions and
attachments;
f. A copy of the applicant's King George County Business, Professional and
Occupational License.
4.6.3.3. Upon receipt of the application, the zoning administrator shall review the
application for its compliance with this section; ensure that the required fees have been
paid and forward a copy of the application to the VPI extension agent for review of the
land application plan.
4.6.3.4. Upon receipt of the application together with the supplementary materials, the
VPI extension agent shall review the procedure, rate of application, storage facilities and
the crop rotation plan. Maximum load rate shall not exceed the specification as set forth
in Table K-2 of the "Commonwealth of Virginia Sewerage Regulations." Upon
completion of his review, the extension agent shall return the application and any
comments or recommendations to the zoning administrator.
4.6.3.5. The zoning administrator shall submit the application to the governing body for
informational purposes.
4.6.3.6. There shall be a charge for the examination and processing of each application
submitted to apply Class "A" sludge to land within King George County. At the time of
filing such application, the applicant shall deposit with it a check payable to the treasurer
of King George County in the amount as set forth by a schedule of fees, which shall be
established and may be changed by the governing body.
4.6.4. Responsibilities.
4.6.4.1. The contractor shall:
a. Once every three months submit a follow-up chemical analysis report on the Class
"A" sludge to the VPI extension agent. This report shall be delivered to the agent
within 30 days of its receipt.
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b. The contractor shall submit a proposed operation schedule to the land use
director, indicating when it plans to apply sludge in King George County. The
contractor shall give ample notice of any change in the schedule.
4.6.4.2. The extension agent shall monitor the quarterly chemical analysis report for
chemicals which may render the sludge unsafe for further land application. If the
chemicals are approaching or reach an unsafe level, he shall notify the zoning
administrator. The reports shall be maintained until the land application of sludge is
discontinued. Discontinued shall mean "no application of sludge for a period of 30
months from the date of the last quarterly chemical analysis report received for that
parcel of land."
4.6.4.3. The zoning administrator shall:
a. Issue a zoning permit for land application of Class "A" sludge when it has been
determined that the applicant has met all the requirements of the state regulatory
agencies and this section.
b. Ensure that application of the sludge is limited to that area designated on the plat
and all buffer zones are maintained.
c. Notify the governing body and the contractor in the event that reports received
from the extension agent indicate that the chemical contents of the sludge are not
within the allowable limits.
d. Notify the contractor in writing of any violation of the chemical contents,
transporting, or application of the sludge. The notice shall allow a reasonable time
for correction of the violation.
e. If the violation is not corrected within the time allowed, the zoning administrator
shall notify the governing body and the applicable state agencies. The contractor
will then be notified by registered mail that his zoning permit is being revoked.
Cross References: Water, sewers and sewage disposal generally, ch. 15.
Sec. 4.7. Structures for public utility uses not involving outside storage.
4.7.1. Location and design.
4.7.1.1. Public utility buildings and structures in any residential zone shall, wherever
practical, have the exterior appearance of residential buildings and shall have
landscaping, screen planting and/or fencing, whenever these are deemed necessary by the
planning commission. In addition, trespass fencing and other safety measures may be
required as deemed necessary to reasonably protect the public welfare.
Sec. 4.8. Veterinary clinic.
4.8.1. Location and fencing.
4.8.1.1. Any structure or area occupied by animals shall be located at least 300 feet from
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any lot in any residential district except that air-conditioned, soundproofed buildings may
be located 200 feet from such residential lot or lots.
4.8.1.2. For non-sound proofed animal confinements, an external solid fence not less than
six feet in height shall be located within 50 feet of the animal confinement and shall be
composed of concrete block, brick or other material approved by the zoning
administrator. In all cases, animals shall be confined in an enclosed building from 10:00
p.m. to 6:00 a.m.
Cross References: Animals generally, ch. 3.
Sec. 4.9. Water pumping and storage.
Storage structures shall be set back, in addition to district requirements, at least one additional
foot for each foot of height of the structure. Pumping facilities shall be visually and acoustically
screened from adjacent residential property lines.
Sec. 4.9a. Shared water system.
An agreement setting forth the conditions for maintenance of a shared water system shall be
signed by the owners of the properties affected and recorded in the clerk's office. The applicant must
provide the zoning administrator with approval of the Virginia Department Health for a shared well.
Sec. 4.10. Water or sewage treatment plants.
Water or sewage treatment plants and equipment shall be effectively screened from view of
adjacent property lines in residential districts.
Sec. 4.11. Exploratory drilling for oil and/or natural gas.
4.11.1. Intent. The purpose and intent of this to set forth specific regulations for those oil
and/or gas facilities designated as uses permitted by special exception in the applicable zoning districts
within this ordinance.
4.11.2. Plans required. The application for a special exception permit shall include a
copy of the following.
1. A site plan in accordance with the requirements of article 7.
2. Plan showing the method of ingress and egress to the proposed drill site.
3. Plan of the drill site when the rig is in place.
4. Application for temporary housing indicating the number of trailers to be on site and the
proposed method of water and sewer.
5. The plan for proposed well in the event the exploratory drilling is unsuccessful.
6. An Erosion and Sediment Control Plan in accordance with chapter 6 of the King George
County Code.
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7. A copy of the environmental impact assessment and the operations plan to be submitted
to the Virginia Department of Mine, Minerals and Energy.
4.11.3. Development standards.
1. Development of the well site shall be in conformance with article 8, Chesapeake Bay
Preservation Area Overlay District, of the King George County Zoning Ordinance.
2. No exploratory oil or gas well bore shall be permitted within 500 feet of either the
resource protection area boundary or an occupied residence.
3. The drill site shall not exceed four acres, but may contain any number of boreholes.
4. Grading and alteration of natural drainage shall be minimized.
5. If the exploratory drilling program is unsuccessful the well site shall be abandoned within
six months.
4.11.4. Proof of ownership. Each application for a permit to drill for oil and/or natural gas
shall be accompanied by a statement of proof of ownership of the oil and/or natural gas mineral rights
for the entire site. This proof may take the form of signed contracts, leases, affidavits, or other
documents.
Sec. 4.12. Standards for telecommunication facilities.
A telecommunication facility shall meet the following standards.
4.12.1. Local government access. Owners of all new telecommunication facilities shall provide at
no cost to the county, co-location opportunities as a community benefit to improve radio
communication for county departments and emergency services (including both tower
space and sheltered equipment space on the ground). All proposals for a
telecommunication facility shall acknowledge the critical role of the county's radio
system for emergency services including fire, rescue and law enforcement personnel and
shall warrant that no interference with the county's radio system shall result from such
installation.
4.12.2. Abandoned towers. Any antenna or tower that is not operational for a continuous period
of 24 months shall be considered abandoned, and the owner of each such antenna or
tower shall remove same within 90 days of receipt of notice from King George County
notifying the owner of such removal equipment requirement. Removal includes the
removal of the tower, all tower and fence footers, underground cables and support
buildings. The buildings may remain with the owner's approval. If there are two or more
users of single tower, then this provision shall not become effective until all users cease
using the tower. To secure the removal of abandoned structures, the county shall require
the tower owner to post a bond, or provide some other reasonable assurance, in an
amount to be determined by the county based upon the anticipated removal cost of the
tower. The county may dismantle and remove the tower and recover the cost of the same
from the owner. In the event that the bond amount is insufficient to cover the cost of
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removal, the county reserves the right to seek the remaining balance from the owner.
4.12.3. Co-location requirements. Existing towers may be extended to allow for additional users
provided that the overall height of the tower is not increased by more than 15 feet for
each new user and that the overall height of the structure does not exceed 199 feet. No
new tower shall be permitted unless the applicant demonstrates to the reasonable
satisfaction of King George County that no existing tower or structure can accommodate
the applicant's proposed antenna. Preference shall be given to proposals to lease county
property for the development of telecommunication facilities. Evidence submitted to
demonstrate that no existing tower or structure can accommodate the applicant's proposed
antenna shall consist of the following minimum information.
a. No existing towers or structures are located within the geographic area required to
meet applicant's engineering requirements.
b. Existing towers or structures are not of sufficient height to meet applicant's
engineering requirements.
c. Existing towers or structures do not have sufficient structural strength to support
applicant's proposed antenna and related equipment.
d. The applicant's proposed antenna would cause electromagnetic interference with
the antenna on the existing towers or structures, or the antenna on the existing
towers or structures would cause interference with the applicant's proposed
antenna.
e. The fees, costs, or contractual provisions required by the owner in order to share
an existing tower or structure or to adapt an existing tower or structure for sharing
are unreasonable.
f. The applicant demonstrates that there are other limiting factors that render the
existing towers and structures unsuitable.
4.12.4. Principal or accessory use. For the purposes of determining compliance with the
standards of this ordinance, telecommunication facilities may be considered either
principal or accessory uses. An existing use or an existing structure on the same lot shall
not preclude the installation of a telecommunication facility on such lot. For purposes of
determining whether the installation of a communication facility complies with district
regulations, the dimensions of the entire lot shall control, even though the facility may be
located on leased area within such lots.
4.12.5. Construction and maintenance. Telecommunication facilities that are constructed, and
antennas that are installed, in accordance with the provisions of this ordinance shall not
be deemed to constitute the expansion of a nonconforming use or structure.
a. Towers shall either maintain a galvanized steel finish or, subject to any applicable
standards of the Federal Aviation Administration (FAA), be painted a neutral
color, so as to reduce visual obtrusiveness. Dish antennas will be of a neutral,
non-reflective color with no logos. Towers that are painted shall be repainted in
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the event that the original color has significantly degraded as the result of the
fading, pealing, flaking or rust.
b. At a facility site, the design of the buildings and related structures shall, to the
extent possible, use materials; colors, textures, screening, and landscaping that
will blend the tower facilities to the natural setting and surrounding structures.
c. If an antenna is installed on a structure other than a tower, the antenna and
supporting electrical and mechanical equipment must be of a neutral color that is
identical to, or closely compatible with, the color of the supporting structure so as
to make the antenna and related equipment as visually unobtrusive as possible.
d. Towers shall not be artificially lighted, unless required by the FAA or other
applicable authority.
e. No advertising of any type may be placed on the tower or accompanying facility.
f. All towers must meet or exceed current standards and regulations of the FAA and
the Federal Communications Commission (FCC), and any other agency of the
federal government with the authority to regulate towers and antennas. Towers
that are painted, as required by the FAA, shall be repainted as necessary to
maintain minimum visibility requirements as set forth by the FAA.
g. To ensure structural integrity of towers, the owner of a tower shall ensure that it is
maintained in compliance with standards contained in applicable federal, state and
local building codes and regulations.
h. Tower site compound, the area immediately surrounding the compound and the
access road shall be kept free of trash and debris.
i. All telecommunication facilities shall maintain compliance with current radio
frequency emission standards of the FCC.
j. All electrical devices, fixtures and wires, to include electric generators and fuel
tanks, shall be maintained in compliance with the requirements of the National
Electric Safety Code.
k. Tower owners shall maintain towers, telecommunication facilities and antenna
support structures in safe condition so that the same shall not menace or endanger
the life or property of any person.
4.12.6. Required information. A site plan per the requirements of article 7, site plan regulations,
King George County Zoning Ordinance shall be provided and shall include radio
frequency coverage, and tower height requirements. Additionally, the applicant shall
provide actual photographs of the site that include a simulated photographic image of the
proposed tower. The photograph with the simulated image shall include foreground, the
midground, and the background of the site.
a. An engineering report, certifying that the proposed tower is structurally suitable
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and of adequate height for co-location with a minimum of three users including
the primary user, must be submitted by the applicant.
b. The applicant shall provide copies of its co-location policy. The applicant shall
provide copies of propagation maps demonstrating that antennas and sites for
possible co-locator antennas are no higher in elevation than necessary.
c. A copy of the FAA airspace study shall be provided to the department of
community development prior to the issuance of a building permit for the
construction tower. The FAA airspace study shall provide confirmation that the
tower will not pose any hazard to air navigation.
d. The application shall provide a commitment from a service provider to locate on
the proposed tower.
4.12.7. Setbacks. The following setbacks for towers shall be required and shall replace the
setbacks other wise required in the zoning district in which the facility is located.
a. The tower must be setback from any off-site residential structure no less than 400
feet.
b. Towers, guys, and accessory facilities located in commercial or industrial zoning
districts must be setback 100 feet from any property line which abuts a residential
or agricultural zoning district and 50 feet from any property line which abuts a
commercial or industrial zoning district.
c. Towers, guys, and accessory facilities located in agricultural zoning districts must
be setback 100 feet from any property line which abuts a residential or
agricultural zoning district and 50 feet from any property line which abuts a
commercial or industrial zoning district.
4.12.8. Height restrictions. Telecommunication facilities shall be designed not to exceed an
overall height of 199 feet except as otherwise approved in the conditions of the special
exception permit.
4.12.9. Security fencing. Ground-mounted towers and equipment shall be enclosed by security
fencing to protect against unauthorized access. Unless otherwise specified, a minimum
six-foot high chain link fence, incorporating an anti-climb device and locked access gate,
shall be provided. The tower site shall be posted on all sides to discourage trespassing.
4.12.10. Landscaping. Tower facilities shall be landscaped with a buffer of plant materials
that effectively screen the view of the support buildings from adjacent property. The
standard buffer shall consist of a landscaped strip at least four feet wide outside the
perimeter of the facilities. Natural vegetation sufficient to serve as buffer may be used in
lieu of planting a landscaped buffer. Existing mature tree growth and natural landforms
on the site shall be preserved to the maximum extent possible. All plant material, used as
landscaping and/or buffering, shall be tended and maintained in a healthy growing
condition. Dead plant material shall be replaced in-kind.
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4.12.11. Signage. The tower owner and/or FCC license holder is responsible for proper
signage as described in the following:
a. The appropriate signage as required by FCC guidelines governing
ElectroMagnetic Energy Fields (EMEF) shall be clearly posted.
b. A 24-hour emergency contact information shall be posted at the site by the owner
and each co-locator.
c. FCC tower registration shall be clearly posted.
4.12.12. Structural certification and inspections. All proposed towers shall be certified by
a licensed professional engineer to be structurally sound and in conformance with the
requirements Structural Standards for Steel Antenna Towers and Antenna Supporting
Structures (ANSI/TIA/EIA-222-F), Statewide Uniform Building Code, BOCA and all
applicable, county, state and federal laws.
a. For new structures, or the extension of existing structures, such certification shall
be submitted prior to issuance of the building permit. For existing towers being
utilized for co-location, certification shall be provided to verify its capability to
support additional loading.
b. Over the life of the tower, the county may require the tower owner to inspect and
certify the structural integrity of the tower should there be a reason to believe that
the tower has degraded to the point where it is believed to pose a legitimate threat
to life and/or property. Structural analysis shall be performed within 30 days,
upon formal written request of the county.
c. The county reserves the right to perform inspections, upon reasonable notice to
the tower owner. The county and its agent retain authority to enter onto the
property for the purpose of assessing compliance with the statewide building code
and all other construction standards provide by the county code and federal and
state law. If defects had been identified on previous inspections, the county may,
at its discretion require the tower owner to bear the cost of the inspection.
d. The tower or telecommunication facilities owner shall certify to the county on an
annual basis that it is in compliance with all of the requirements set forth above.
4.12.13. Review fee. Any out of pocket costs incurred by the county for the review of any
of the above required information shall be by the applicant.
ARTICLE 5.
ADMINISTRATION AND ENFORCEMENT
Sec. 5.1. Zoning administrator established.
The position of zoning administrator is hereby created. The director of the department of
community development, who shall be appointed by the governing body, shall serve as zoning
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administrator. The director of the department of community development shall have the authority, with
the concurrence of the governing body, to designate an agent to serve as zoning administrator. Said
agent shall have all authority empowered by this ordinance in the administration and enforcement
thereof. The agent shall exercise that authority at the pleasure of the director of the department of
community development.
Sec. 5.2. Duties of the zoning administrator.
It shall be the duty of the zoning administrator to: (1) administer and enforce this ordinance; (2)
where appropriate, issuing [issue] zoning permits and certificates, (3) making [make] necessary
inspections, and (4) referring [refer] applications to the appropriate board, commission, agent or other
officer who is required to make reviews of any application.
The zoning administrator shall have all the necessary authority on behalf of the governing body
to enforce this ordinance, including the ordering of the remedying of any conditions found in violation
of this ordinance, and the bringing of legal action to assure compliance with this ordinance.
The zoning administrator may be appointed to serve as agent to the planning commission.
Sec. 5.3. Procedures for amending the zoning ordinance.3
5.3.1. General. Whenever the governing body of the county finds that because of public
necessity, convenience, the general welfare or good zoning practice, this ordinance shall be amended, it
may by ordinance amend, supplement or change the regulations, district boundaries or classifications of
property.
In accordance with the provisions of the Code of Virginia, § 15.2-2285, the governing body may make
appropriate changes or corrections and proposed [propose] amendments; provided, however, that no
land may be zoned to a more intensive use classification than was contained in the public notice. For the
purpose of this ordinance, the classification of intensive use of land in the general zoning districts shall
be in the following order:
A-1 Limited Agricultural Least Intensive
District
A-2 Rural Agricultural District
A-3 General Agricultural
District
R-1 One Family Residential
District
R-2 General Dwelling District
R-3 Multifamily Dwelling
District
C-1 Retail Commercial District
C-2 General Trade District
R-C Resort Community District
3
Legal Analysis: Zoning Ord. § 5.3. Procedures for amending the zoning ordinance. Procedures for amending the zoning
ordinance. Deleted material covered by Code of Virginia, §§ 15.2-2285, 15.2-2286. Standardized state law
reference in the last sentence.
Page 88 of 153
I-1 Industrial Light District
I Industrial District Most Intensive
5.3.2. Who may initiate amendment. An application of amendment may be initiated by one of
the following actions:
Resolution of the governing body referred to the planning commission for recommendation.
Motion of the planning commission forwarded to the governing body for consideration.
Petition of the owner, contract purchaser with the owner's written consent, or the owner's agent
therefore, of the property which is the subject of the proposed zoning map amendment, addressed
to the governing body or the planning commission.
Any such resolution or motion by such the governing body or planning commission proposing
the amendment to this ordinance shall state the purpose therefore.
No petition which is substantially the same as a prior petition shall be reconsidered for a period
of twelve months from the date that the governing body rendered a decision upon the prior
petition.
5.3.3. Referral to planning commission. Prior to any amendment to this ordinance, the proposed
amendment shall be referred to the planning commission for its recommendations. The planning
commission shall have 100 days, or such shorter time as may be prescribed by the board of supervisors
from the date of its first meeting after the proposed amendment was referred to make a recommendation.
Failure of the commission to report within 100 days, or such shorter time as may be prescribed by the
board of supervisors shall be deemed as a recommendation to approve the application.
5.3.4. Public notice and hearing on application. The planning commission shall hold at least
one public hearing on a proposed zoning ordinance or amendment of an ordinance, after notice as
required by the Code of Virginia, § 15.2-2204, and may make appropriate changes in the proposed
ordinance of amendment as a result of the hearing. Upon the completion of its work, the commission
shall present the proposed ordinance or amendment including the district maps to the board of
supervisors together with its recommendations and appropriate explanatory materials.
Before approving and adopting any zoning ordinance or amendment thereof, the board of
supervisors shall hold at least one public hearing thereon pursuant to public notice as required by the
Code of Virginia, § 15.2-2204, after which the board of supervisors may make appropriate changes or
corrections on the ordinance or proposed amendment.
5.3.5. Application. The application for amendment to the zoning ordinance shall be filed with
the zoning administrator. If the application proposes a change in a zoning classification or map
boundaries, there shall be attached to the application:
a. A map showing the property drawn to scale and with reference to existing map features
to enable the property to be located on the zoning district map.
b. A description of the property with reference to a recorded subdivision plat or the county's
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tax map.
c. The names and addresses, as shown on the current real estate tax assessment books, of
property owners abutting the property or owners located across the road/street.
d. If the application proposes a change in the zoning ordinance text, there shall be attached
to the application a written description of the nature and extent of the amendment desired
together with an explanation of the reasons for seeking a change.
Upon receipt of an application, together with supplementary materials and payment of the
application fee, the zoning administrator shall place the proposed amendment on the agenda of a regular
or special meeting of the planning commission.
5.3.6. Withdrawal of request. A request for rezoning may be withdrawn upon written request by
the applicant any time prior to the submission of any public hearing notice for advertisement. If the
request for withdrawal is made after publication of the notice of hearing such withdrawal shall be only
with the consent of either the planning commission or the board of supervisors, whichever body has
advertised the hearing. No new application which is substantially similar to the withdrawn application
shall be filed for a period of six months from date that the original application has been withdrawn.
5.3.7. Establishment of conditions at the time of rezoning. In situations where a zoning map
amendment (rezoning) might result in the development of land or uses that are competing and/or
incompatible with existing or authorized uses on adjoining or nearby land, or there is a need because of
unusual situations or to ease the transition from one district to another or for buildings, structures or uses
having special requirements, the owner or contract owner of the property subject to the zoning map
amendment may proffer, pursuant to the Code of Virginia, § 15.2-2298, in writing certain reasonable
conditions, subject to the following limitations:
a. The proffered conditions must be voluntarily offered by the property owner;
b. The proffered conditions must be in writing, and be signed by the owner;
c. The proffered conditions must be reasonable;
d. The rezoning itself must give rise to the need for the conditions;
e. Such conditions must have a reasonable relation to the rezoning; and
f. All conditions must be in with the King George County Comprehensive Plan.
g. Dedications included in proffers. In the event that a proffer includes the dedication of real
property or the payment of cash, such property shall not transfer and such cash payment
shall not be made until the facilities for which such property is dedicated or cash is
tendered are included in the capital improvements program of the county; provided
however, that nothing herein shall prohibit the county from accepting proffered
conditions which are not normally included in the capital improvements program.
h. If proffered conditions include the dedication of real property or the payment of cash, the
proffered conditions shall include provisions for the disposition of the property or cash in
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the event the property or cash is not used for the purpose for which it was proffered. Such
provisions may include the return of the property or cash to the owner, or such other
disposition as is agreed to by the county and the owner at the time the proffer is made.
i. Once proffered and accepted as part of the rezoning, such conditions shall continue in full
force and effect until a subsequent rezoning of the property;
j. Such conditions shall continue in full force and effect automatically without notice or
filing if the subsequent rezoning is part of a comprehensive implementation of a new or
substantially revised zoning ordinance.
5.3.7.1. Administration, filing and acceptance of conditions at the time of zoning map
amendments. The proffered conditions, acceptance and imposition of conditions shall be
made as follows:
a. The proffer of conditions shall be submitted in writing to the director of
community development at the time the rezoning application is filed.
b. No amendment or modification to such proffered condition(s) may be made
unless such amendment is made voluntarily and in writing prior to the deadline
for preparation of the advertisement of the public hearing by the board of
supervisors on the rezoning request. The amendment or modification shall be
submitted to the director of community development.
c. The board of supervisors shall, prior to accepting and imposing proffered
conditions, find (1) that the rezoning is proper and appropriate, notwithstanding
the proffer of conditions, and (2) that the conditions proffered are in compliance
with the limitations set in subsection 5.3.7 above.
d. Enforcement of conditions accepted and imposed by the rezoning shall be the
responsibility of the zoning administrator subject to the provisions of Code of
Virginia, §§ 15.2-2299 through 15.2-2302 15.2-2299--15.2-2302.
Sec. 5.4. Procedures for special exception.
5.4.1. Intent. This section is to provide for the granting of special exceptions by the governing
body of King George County as a legislative process pursuant to Code of Virginia, § 15.2-2286. No
application for special exception permit which is substantially the same as a prior application shall be
reconsidered for a period of 12 months from the date that the governing body rendered a decision upon
the prior application.
Special exception may be issued for any such use in the zoning district regulations when the
governing body of the county finds that the proposed are:
a. Will not be detrimental to the safety, health, morals and general welfare of the
community involved;
b. Will not tend to create congestion in streets, roads, alleys and other public ways and
places in the area involved;
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c. Will not create hazards for fire, panic or other dangers;
d. Will not tend to overcrowding of land and cause an undue concentration of population;
e. Will not adversely affect or interfere with public or private schools, parks, playgrounds,
water supplies, sewage disposal, transportation or other public requirements,
conveniences and improvements;
f. Will not interfere with adequate light and air;
g. Will not interfere with the general purpose and intent of this ordinance.
h. The use shall not tend to change the character and established pattern of development of
the area of the proposed use.
i. The use shall be in harmony with the uses permitted by right in the zoning district.
5.4.2. Procedures. An application for a special exception shall be submitted to the zoning
administrator who shall review said application for its compliance with the provisions of this ordinance.
When it has been determined that the application is in proper form, it shall be submitted to the governing
body who shall hold at least one public hearing thereon pursuant to public notice as required by Code of
Virginia, § 15.2-2204. Prior to conducting a public hearing, the governing body may at its discretion
refer the matter to the planning commission for a recommendation.
a. Whenever a petitioner seeks both an amendment to the zoning ordinance and a special
exception for the same property, both applications may be made jointly and processed at
the same time if said proposed amendment does not add a special exception not
previously permitted by the terms of this ordinance.
b. Within 30 days after receiving a fully executed special exception permit from the board
of supervisors or the board's agent, the applicant shall cause to be recorded among the
land records of the circuit court of the county, in a form approved by the county attorney,
indicating that such special exception permit shall run with the property and shall remain
in effect until the board of supervisors amends the zoning on the property or otherwise
modifies the condition of the special exception permit.
5. 4.3. Permitted special exceptions. Special exceptions permitted within each zoning
district shall be as enumerated in the district regulations set forth in this ordinance.
Sec. 5.5. Site plan required.
In addition to the general requirements for applications, fees, referral and public notice, every
application for a special exception and every application for a zoning permit not involving a lot
previously the subject of a final subdivision plat approval shall be accompanied by a site plan. Site plan
submission requirements are as follows:
a. Twelve copies of a preliminary site plan or plans shall be filed with the zoning
administrator. The preliminary site plan shall show all horizontal dimensions in feet and
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decimals of a foot; and all bearings in degrees, minutes and seconds to the nearest ten
seconds. The plan shall also indicate existing topography, vegetation, paving and
structures and all proposed structures and improvements.
b. The zoning administrator shall review each preliminary site plan for compliance with the
requirements of this ordinance and file his report with the governing body. Before
approval, the governing body may require reasonable additions to the preliminary site
plan, including, but not limited to requirements as to utilities, drainage, lighting, signs,
advertising devices, screening, accessways, traffic control, to protect adjoining
residentially-zoned lots or residential uses and setback of buildings.
c. Approval by the governing body of a preliminary site plan for a special exception permit
shall be valid for a period of one year. Following preliminary approval by the governing
body, a final site plan shall be prepared and filed. This final site plan may be approved by
the governing body or its designated agent and shall comply with the specifications of the
governing body and the requirements of this article and other applicable laws and
regulations. Permits shall be issued in accord with the approved final site plan.
Sec. 5.6. Appeals and variances. 4
5.6.1. Intent. The intent of this section is to create a board of zoning appeals and to establish
procedures for hearing applications for variances and for hearing appeals from certain administrative
decisions arising out of enforcement and/or administration of this ordinance. Under this provision,
hearings may be conducted for only the following:
a. Any order, requirement, decision or determination of the zoning administrator made in
the administration or enforcement of this ordinance.
b. Any variance which is in the public interest and ameliorates a hardship.
c. Any interpretation of the zoning district map in cases of uncertainty of location of a
district boundary.
5.6.2. Board of zoning appeals created. There is hereby created a board of zoning appeals,
hereafter called the board, which shall consist of seven members who are residents of King George
County. The term of office of board members shall be for five years each, except that original
appointments shall be made for staggered terms such that the term of one member expires each year.
Appointments shall be made by the circuit court of the county.
The secretary of the board shall notify the court at least 30 days in advance of the expiration of
any term of office, and shall also notify the court promptly if any vacancy occurs. Appointment to fill
vacancies shall be only for the unexpired portion of the term. Members of the board may be reappointed
to succeed themselves but may hold no other public office in King George County, except that one
member may be a member of the planning commission. A member whose term expires shall continue to
serve until his successor is appointed and qualifies.
4
Legal Analysis: Zoning Ord. § 5.6. Appeals and variances. Deleted material covered by Code of Virginia, §§ 15.2-2308,
15.2-2309, 15.2-2311.
Page 93 of 153
5.6.3. Organization and administration of the board of zoning appeals. The board shall elect
from its own membership its officers who shall serve annual terms as such and may succeed themselves.
The board may make, alter and rescind rules and forms for its procedures consistent with ordinances of
King George County or the general laws of the Commonwealth of Virginia. The board shall keep a full
public record of its proceedings and shall submit a report of its activities to the governing body at least
once each year.
Within the limits of funds appropriated by the governing body, the board may employ or contract
for secretaries, clerks, legal counsel, consultants and other technical and clerical services. Members of
the board shall serve without compensation but shall be reimbursed herein. Any board member may be
removed for malfeasance, misfeasance or nonfeasance in the office, or for other just cause, by the court
who made the original appointment after hearing held after at least 15 days' notice.
5.6.4. Procedure for conducting meetings and other business.
a. Meetings of the board shall be held at reasonable times as the board or chairman may
determine for purposes of conducting its business. The board, however, shall set aside a
regular date each month for purposes of hearing applications for appeals when such
appeals are pending. All meetings of the board shall be open to the public, except as
otherwise provided by law.
b. A majority of the members shall constitute a quorum. The concurring vote of a majority
of the membership of the BZA 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 required to pass under the King George County
Zoning Ordinance or to effect any variance from the King George County Zoning
Ordinance.
c. The board shall keep minutes of its proceedings and official actions which shall be filed
in the office of the board and which shall be public records.
d. The chairman of the board, or in his absence the acting chairman, may administer oaths
and compel the attendance of witnesses.
5.6.5. Powers and duties of the board of zoning appeals.
a. The board is empowered to hear and decide appeals from any order, requirement,
decision or determination made by the zoning administrator in the administration of this
ordinance.
b. The board is authorized to hear and decide applications for interpretation of the zoning
district map where there is any uncertainty as to the location of the district boundary.
After notice to the landowners of the property affected by such question and after public
hearing with notice as required for zoning amendments elsewhere in this ordinance, the
board may interpret the map in such a way as to carry out the intent and purpose of the
ordinances for the particular section or district in question; provided, however, that this
provision does not empower the board to make substantial changes in the locations of
district boundaries as established by ordinance not to rezone any property.
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c. The board is empowered to authorize upon application in specific cases such variance
from the terms of this ordinance 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, providing that the spirit and purpose of the ordinance shall be observed and
substantial justice done. No variance shall be authorized by the board unless it finds:
1. That the property was acquired in good faith.
2. That the strict application of the ordinance would produce undue hardship,
effectively prohibiting or unreasonably restricting the use of the property as a
result of any of the following:
a. Exceptional narrowness, shallowness, size or shape of the property at the
effective date of the ordinance;
b. Exceptional topographic conditions or other extraordinary situations or
condition of such piece of property;
c. The use or development of property immediately adjacent thereto;
d. Or where the board is satisfied, upon the evidence heard 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.
3. That such hardship is not shared generally by other properties in the same zoning
district and the same vicinity.
4. That the authorization of the variance will not be of substantial detriment to
adjacent property and that the character of the district will not be changed by
granting the variance.
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.
5.6.6. Applications for variances shall be governed by Code of Virginia, §§ 15.2-2308, 15.2-
2309, 15.2-2311 and 15.2-2312.
5.6.7. Basis for appeals to the board. An appeal to the board of zoning appeals may be taken by
any person aggrieved or by an officer, department, board or bureau of the county affected by any
decision of the zoning administrator. Such an appeal shall be taken within 30 days after the decision
appealed from by filing with the zoning administrator and the board a notice of appeal specifying the
grounds thereof. The zoning administrator shall forthwith transmit to the board all papers constituting
the record upon which the action appealed from 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
reasons of facts stated in the certificate a stay would in the opinion of the zoning administrator cause
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imminent peril to life or property. In such case, proceedings shall not be stayed except by restraining
order granted by the board or by a court of record on application and notice to the zoning administrator
and for good cause shown.
5.6.8. Procedure on appeal. 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 and decide the same
within 60 days. In exercising its powers the board may reverse or affirm, wholly or partly, or may
modify an order, requirement, decision or determination appealed from.
5.6.9. Proceedings to prevent construction of building in violation of the zoning ordinance.
Where a building permit has been issued and the construction of the building for which such permit was
issued is subsequently sought to be prevented, restrained, corrected or abated as a violation of the zoning
ordinance by suit filed within 15 days after the start of construction by a person who had no actual
notice of the issuance of the permit, the court may hear and determine the issue raised in the litigation
even though no appeal was taken from the decision of the administrative officer to the board of zoning
appeals.
Sec. 5.7. Appeal to circuit court. 5
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 a petition specifying the grounds on which aggrieved. Such petition must be presented
pursuant to Code of Virginia, § 15.2-2314, within 30 days after the filing of the decision in the office of
the board.
Sec. 5.8. Filing fees.
5.8.1. Zoning ordinance amendment. The filing fee for a zoning ordinance amendment shall be
set by the governing body and shall be subject to review and change.
5.8.2. Special exception. The filing fee for a special exception shall be set by the governing
body and shall be subject to review and change.
5.8.3. Board of zoning appeals. The filing fee for an appeal to the board of zoning appeals shall
be set by the governing body and shall be subject to review and change.
5.8.4. Site plan. The filing fee for review of site plans shall consist of two parts based on: (1) an
administrative fee which shall be the same for all submissions and (2) a variable fee based on site
acreage or number of units. Fees shall be set by the governing body and shall be subject to review and
change.
5
Legal Analysis: Zoning Ord. § 5.7. Appeal to circuit court. Deleted as not needed.
Page 96 of 153
ARTICLE 6.
VIOLATIONS AND PENALTIES
Sec. 6.1. Violations. 6
Any person who violates any of the provisions of this ordinance or permits any such violation, or fails to
comply with any of the requirements hereof, or who erects any structure on any land in violation of any
plan submitted and approved under the provisions of this ordinance, shall be subject to a civil penalty
fined as follows:
First violation: $50.00
Second and each $100.00
subsequent violation:
Each day which the violation is found to have existed shall constitute a separate offense. However, in no
event shall specified violations arising from the same operative set of facts be charged more frequently
than once in any ten-day period. In no event shall a series of specified violations arising from the same
operative set of facts result in civil penalties which exceed a total of $3,000.00.
6.1.1. Violations. Any structure erected contrary to the provisions of this ordinance and use of
any building or land which is conducted, operated or maintained contrary to the provisions of
this ordinance are hereby declared to be unlawful. The zoning administrator may initiate
injunctions, mandamus, abatement or any other appropriate action to prevent, enjoin, abate or
remove such erection or use in violation of this ordinance.
6.1.2. Notice of violation. Upon becoming aware of any violation of the provisions of this
ordinance, the zoning administrator shall serve notice on such person committing or permitting
the same, and if such violation has not ceased within a reasonable time as specified in the notice,
he shall institute such action as may be necessary to terminate the violation.
(Ord. of 1-21-97)
Sec. 6.2. Remedies not exclusive.
The remedies provided for in this article are cumulative and not exclusive, and shall be in
addition to any other remedies provided by law.
Sec. 6.3. Complaints.
Any person who alleges that a violation of this ordinance has occurred may file a written
complaint with the zoning administrator. Such complaint shall stipulate the cause and basis thereof and
the location of the alleged violation. The zoning administrator shall properly record the complaint,
6
Legal Analysis: Zoning Ord. § 6.1. Violations. Violations. Clarified that the penalty is a civil penalty. See Code of
Virginia, § 15.2-2209. N.B. The city is adjusting fines to comply with the statute. Please review § 6.1.1. While
equitable relief is authorized by Code of Virginia, § 15.2-2208, this section authorizes the zoning administrator to
initiate actions. Unless the intent of this provision is to eliminate the need of prior authorization of the board of
supervisors for such actions, §§ 3.1.1 can be deleted as covered by such statute.
Page 97 of 153
investigate the facts thereof and take action thereon as provided by this ordinance.
ARTICLE 7.
SITE PLAN REGULATIONS
Sec. 7.0. Purpose and intent.
The purpose of this article is to encourage innovative and creative design and facilitate use of the
most advantageous construction techniques and highest standards in the development of land in King
George County; and to ensure that the land is used in a manner which is efficient, harmonious with
neighboring property and in accordance with the adopted comprehensive plan of King George County.
The intent of this article is to supplement those regulations and requirements contained
elsewhere in this ordinance, by prescribing the standards for the preparation and submission of a site
development plan and to specify the types of development or land use for which submission of a site
plan shall be required.
Sec. 7.1. Development of land use requiring a site plan.
A site development plan is required and shall be submitted for the following:
(1) Any use or development involving new construction, reconstruction or expansion of
structures, in all zoning districts with the exception of the following:
a. Single family residential subdivisions.
b. Single family residences on an individual lot.
c. One duplex on an individual lot.
d. Agricultural uses on active farms.
(2) When a change is proposed in the exterior elements of a previously approved site
development plan.
(3) When an existing residential use is proposed for change to a commercial, industrial, or
multifamily residential use.
(4) All churches and/or other places of worship, public and/or semi-public buildings, private
clubs, and institutions and similar types of uses.
(5) Any development in which 50 or more automobile parking spaces are to be used by more
than one establishment.
(6) Any development to be located in a floodplain area.
(7) The requirement to submit a site plan may be waived by the agent for structures which do
not exceed 2,500 square feet of gross floor area where, in the opinion of the agent, there
Page 98 of 153
is sufficient information provided with the building permit application to insure that all
ordinance requirements are being met.
Sec. 7.2. Fee to be paid at time of subdivision [submission].
(1) Preliminary site development plan: At the time a preliminary site development plan is
submitted, the developer shall pay to the treasurer of King George County a fee in accordance as
established by the board of supervisors.
(2) Final site development plan: At the time a final site development plan is submitted, the
developer shall pay to the treasurer of King George County a fee in accordance as established by the
board of supervisors.
Sec. 7.3. General information required on site plan and preparation of site plan.
(1) Site development plans, or any portion thereof, involving engineering, architecture,
landscape architecture or land surveying, will be prepared by persons professionally certified to do such
work.
(2) Every site plan shall show the name of the development, the name and address of the
owner or developer, magisterial district, north point, scale of drawing and number of sheets. In addition
it shall reserve a blank space four inches by four inches in size on the plan face for the use of the
approving authority.
(3) Site development plans shall be prepared to the scale of one inch equals 50 feet or larger;
no sheet shall exceed 42 inches in any dimensions.
(4) A site development plan may be prepared on one or more sheets to show clearly the
information required by this section and to facilitate the review and approval of the plan. If prepared on
more than one sheet, match lines shall clearly indicate where the several sheets join.
(5) When more than one sheet is required to cover the entire project, a common sheet,
general in nature, shall be provided which shall show all the individual sheets of an application in proper
relationship to each other.
(6) Four clearly legible blue or black line copies of a site development plan plus one vellum
or sepia transparency shall be submitted to the agent.
(7) Profiles must be submitted on standard plan profile sheets. Special studies as required
may be submitted on standard cross section paper and shall be an appropriate scale.
No sheet dimension shall exceed 42 inches. Floodplain limit studies required by this ordinance shall be
shown on all profile sheets with reference to properties affected and centerline of stream.
(8) All horizontal dimensions shown on the site development plan shall be in feet and
decimals of a foot to be closest to one-tenth of a foot; and all bearings in degrees, minutes, and seconds
to the nearest ten seconds, minimum accuracy.
Sec. 7.4. Preliminary site plans.
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Every preliminary site plan submitted in accordance with this article shall contain the following
information:
(1) Location and total acreage of various types of land use.
(2) Location of tract or parcel by an insert map at a scale of not less than one inch equals
2,000 feet plus information as to names and numbers of adjoining roads, streams and
bodies of water, railroads, subdivisions, magisterial districts or other landmarks sufficient
to properly identify the location of the property.
(3) A topographical map compiled by either accepted field or photogrammetric methods with
a contour interval of not greater than two feet.
(4) A boundary survey accurate to one foot in 2,500 feet relative to the true meridian.
(5) Location, names and dimensions of proposed streets, alleys, building lines and
easements.
(6) Preliminary sketch plans indicating the provisions for all utilities, including, but not
limited to, the proposed method of accomplishing drainage, water supply and sewage
disposal.
(7) Location of existing roads, easements and utility lines, as well as all streams or
drainageways.
Sec. 7.5. Final site plan.
In addition to the requirements of sections 7.2 and 7.4, all final site plans shall contain the
following information:
(1) A certificate signed by the engineer or surveyor setting forth the source and title of the
owner of the tract and the place of record of the last instrument in the chain of title.
(2) A signature panel with spaces identified for the signature of the chairman or agent of the
planning commission, and appropriate officials of the Virginia Department of
Transportation.
(3) The owners, zoning and present use of adjoining tracts.
(4) Location of all minimum building setback lines.
(5) Location, type and size of vehicular ingress and egress to the site.
(6) Location, type and height of all fencing, screening and retaining walls where required
under the provisions of this ordinance.
(7) Existing topography, per subsection 7.4.3, with a maximum of two-foot contour intervals
for the proposed finished grading.
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(8) Provisions for the adequate control of erosion and sedimentation indicating the proposed
temporary and permanent control practices and measures which will be implemented
during all phases of clearing, grading and construction. These will be reviewed under the
procedures established in the Erosion and Sediment Control Ordinance of King George
County, Virginia.
(9) All off-street parking and loading spaces provided and the number required by section
3.12 of this ordinance.
(10) The location, width, size and intended purposes of all easements and right-of-way and
whether they are to be publicly or privately maintained.
(11) The following data relative to all existing and proposed streets; location, width, names,
curve data, grades and sight distances at intersections.
(12) Provisions for the adequate disposition of natural and storm water on and off-site, in
accordance with the current design criteria and construction, including but not limited to
the calculation of the contributing drainage area in acres and the location, width, depth,
and length, type and grade of ditches, catch basins, inlets, pipes and other drainage
structures.
(13) All existing and proposed sanitary sewer facilities indicating all pipe sizes, types, grades,
invert elevations, location of manholes and such other data as may be deemed necessary
by the reviewing authority.
(14) All existing and proposed water facilities including all water mains, their sizes, valves
and fire hydrant locations.
(15) The location of any proposed refuse removal pads. Such pads should be outside of public
rights-of-way and screened.
(16) The total acreage of the tract and the acreage proposed for each type of use along with the
proposed general use for each building - if a multi-family residential building, the number
of dwelling units shall also be shown.
(17) Location and size of all recreation and open space areas if any are provided.
(18) No surface/open ditch shall exceed 30 inches in depth in any subdivision.
(Ord. of 5-2-95)
Sec. 7.6. Standards and required improvements.
(1) All improvements required by this ordinance shall be installed at the cost of the developer
and in accordance with design and construction standards of King George County. In cases where
specifications have been established either by the Board of Supervisors of King George County, the
Virginia Department of Transportation for construction of streets, etc., or this ordinance for related
facilities and utilities, such specifications shall be followed. The most restrictive specifications will
prevail. The developer's performance bond as discussed below shall not be released until construction
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has been inspected and accepted by the agent for the county and by the Virginia Department of
Transportation where appropriate.
(2) Prior to filling any site plan, the developer shall furnish to the county an irrevocable letter
of credit, cash escrow, or bonds from a certified Virginia Lending Institution by corporate surety in a
form and amount sufficient to guarantee the completion of all required improvements. The cost of
required improvements shall be determined by a bona fide estimate of construction cost prepared by a
duly licensed engineer, such estimate shall be provided at the expense of the developer. The amount of
the performance bond or other guarantee shall be 110 percent of the estimated construction cost. If such
bond or other instrument contains an expiration date, provisions shall be made for the extension thereof
in the event that all improvements have not been completed 30 days prior to the expiration date. In the
event the agent has rejected any such agreement or bond, the owners or developer shall have the right to
have such determination made by the board of supervisors.
(3) In addition to those improvements and standards specified in other sections of this
ordinance, the following minimum standards and improvements shall also be required:
a. When a site development plan is located on public roads of less than 50 feet in total
width, additional right-of-way shall be dedicated to achieve a minimum 50-foot wide
right-of-way. All building setbacks shall be measured from the additional dedicated right-
of-way. No alley on a site plan shall have a right-of-way of less than 20 feet.
b. All street and highway construction standards and geometric design standards shall be in
accordance with those established in the Subdivision Ordinance of King George County,
Virginia.
c. Private vehicular travel lanes or driveways designed to permit vehicular travel on the site
and to and from adjacent property and parking areas shall be constructed not less than 20
feet in width, except within parking areas where it shall be not less than 22 feet.
d. Cul-de-sacs are to be designed in accordance with the standards specified in the
Subdivision Ordinance of King George County, Virginia.
e. Interior travel lanes, driveways and parking bays are to be congruous with the public
street to which the travel lanes, driveways and parking bays are connected. At a
minimum, all surfaces shall be Class "A" prime and double seal. Every parking bay shall
be so constructed that no vehicle when parked will overhang property lines or moving
travel lanes.
f. Adequate easements shall be provided for drainage and all utilities. Where easements do
not follow the established lot lines, the nearest edge of any easement shall be a minimum
of five feet from any building.
g. The developer shall provide for all utilities and services required, to include both on-site
and off-site improvements. The determination of the exact improvements required, i.e.,
size of lines and capacities, is to be established by the developer in conference with the
county agent acting on the advice of appropriate officials, authorities, departments, and/or
consultants having expertise on the subject. Tests and/or other methods of soil evaluation
deemed necessary by the Virginia Department of Health wherever required shall be the
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responsibility of the developer. Utilities shall include but not be limited to electric, gas,
water, sewer, storm drainage, telephones and/or cable television.
h. Adequate fire hydrants, with assurance of adequate water supply and distribution systems
will be provided by the developer. Fire hydrants will be provided in the total area to be
planned and in such locations as are approved by the planning commission or its
designated agent.
i. Landscape plantings, screening, fences, walks, curbs, gutters and other physical
improvements as required by this ordinance or other ordinances of the county and the
regulations of the Virginia Department of Transportation where appropriate, will be
provided by the developer.
j. Landscape buffer standards. In order to provide a year-round visual screen, industrial
developments shall provide a minimum 30-foot wide buffer along a side or rear property
line where the site abuts a residential or agricultural zoning district or use. A minimum
15-foot wide buffer shall be provided along a side or rear property line adjacent to a
commercial zoning district or use.
1. Trees, shrubs, berms, fencing or combinations there of may be used to achieve the
landscaping objectives. The landscape buffer shall meet at least the following
minimum standards.
a. Existing trees and vegetation within the landscape buffer shall be
preserved to the greatest extent possible. Where existing vegetation is not
adequate to achieve the visual screen, additional plants shall be installed as
necessary to meet the objective.
b. Landscape buffers shall be planted with vegetation at least equal to one
large deciduous tree, one small deciduous tree, one evergreen tree and 20
shrubs for each 5,000 square feet of landscape buffer.
c. Landscape buffers may be reduced by 50 percent by installing a minimum
three-foot high earth berm or a six-foot high opaque fence in addition to
the required plantings.
2. Planting specifications.
a. The landscape contractor shall furnish install and/or dig, ball, burlap, and
transplant all plant materials listed on the plant schedule. Bare-root
planting is not permitted for any tree.
b. Plants shall be nursery grown and materials shall conform to the
requirements described in the latest edition of American Standard for
Nursery Stock, as published by the American Association of Nurserymen.
c. Minimum plant measurements.
1. Caliper measurements shall be taken six inches above grade for
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trees under four inches in diameter. Caliper measurements shall be
taken twelve inches above grade for trees four inches in diameter
and larger.
2. Minimum branching height for all shade trees shall be six feet.
3. Minimum size for all large deciduous trees shall be two-and-one-
half to three inches in diameter, and 12 to 14 feet in height.
4. Minimum size for small deciduous trees shade trees shall be one-
and-a-half to one-and-three-quarters inches in diameter, and seven
to nine feet in height.
5. Minimum size for evergreen trees shall be six to eight feet in
height.
d. Landscape design guidelines.
1. Landscape buffer plans shall be prepared by a certified landscape
architect.
2. Clustering of plants and trees species shall be required to provide a
professionally acceptable composition and mix of vegetation.
3. Decorative walls and fences may be integrated into any
landscaping program.
4. The preservation of existing trees and shrubs shall be maximized to
provide continuity and improved buffering capability.
5. All plant material shall be tended and maintained in a healthy
growing condition and free from refuse and debris at all times.
(4) It shall be the responsibility of the developer to provide adequate supervision and
inspections on the site during the installation of all required improvements, and to have a responsible
supervisor together with one set of approved plans, profiles and specifications at the site at all times
when work is being performed.
(5) Upon the satisfactory completion of the installation of all required improvements shown
on the approved site development plan, the developer shall submit to the county agent two copies of the
completed as-built site plan. Such shall be submitted at least one week prior to the anticipated
occupancy of any building for the review and approval by the county agent for conformity with the
approved site plan and the ordinances and regulations of the county and state agencies.
(6) The approval of the site development plan or the installation of the improvements as
required in this ordinance shall in no case serve to bind the county to accept such improvements for
maintenance, repair or operation thereof. Such acceptance of each type of improvements shall be subject
to the county and/or state regulations.
(Ord. of 5-2-95; Ord. of 4-21-98)
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Sec. 7.7. Administration and procedures for processing site development plans.
(1) The zoning administrator is responsible for the review, processing and the requesting of
additional agency and consultant reports relative to a site development plan which has been submitted.
Developers are encouraged to discuss the proposals contained in the site development plan as submitted
with the staff officials of King George County prior to official request for approval of that plan.
(2) The zoning administrator may request opinions and/or decisions, either verbal or written,
from other departments, divisions, agencies or authorities of the county government; from officials,
departments or agencies of the Commonwealth of Virginia; or from other qualified persons.
(3) In addition to the regulations contained herein, the zoning administrator, subject to the
approval of the board of supervisors, may from time to time establish reasonable additional
administrative procedures. Procedures so established shall govern the administration of this article.
(4) No final site development plan shall be approved where individual water supplies and/or
septic tanks are proposed until written approval has been secured from the health department. The
department of health shall determine the suitability of the soil and topography for septic tank systems
with subsurface disposal.
(5) Adequate provision of erosion and sedimentation control measures as required and
approved under the provisions of the Erosion and Sediment Control Ordinance of King George County
shall be submitted with the plan.
(6) The developer shall be advised as to the recommendations and decisions of the planning
commission. Such notification may be by formal letter and/or markings and notes on the developer's
plan showing the commission's recommendation.
(7) The approval of the final site development plan and acceptance of the bond by the board
of supervisors constitutes authorization to proceed with construction improvements within the area
proposed under the site development plan.
(8) Approval or disapproval on a final site development plan by the planning commission
shall occur within 120 days of receipt of the required documents in the office of the zoning administrator
unless unusual circumstances exist, in which case the approval time may be extended an additional 120
days by the planning commission.
(9) No final site development plan shall be filed with the zoning administrator unless and
until the final plan is submitted to the planning commission, and is approved and certified by the
commission in accordance with the regulations set forth in this article.
(10) Approval by the planning commission of King George County, Virginia, of the final site
development plan submitted under the provisions of this ordinance shall expire five years after the date
of such approval unless development of the site has begun. The zoning administrator may grant a single
one-year extension upon receipt of a written request submitted by the applicant 90 days prior to the
expiration date of the approved site plan. The zoning administrator shall acknowledge receipt of the
request within 30 days of its receipt. If an extension is granted, provisions shall be established to extend
the duration of the performance bond.
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(11) No permit shall be issued by any administrative office or agent of King George for the
construction of any building or improvement requiring a permit in any area covered by the site
development plan except in conformity with the provisions of this ordinance and the duly approved site
development plan.
(12) Upon satisfactory completion of the required improvements, and the submission of an as-
built site plan, the zoning administrator shall furnish a certificate of approval to the developer covering
all required improvements on the site.
(13) No construction or site improvement shall be initiated until the site plan has been
approved and filed with the zoning administrator.
(14) No change, revision or erasure shall be made on any pending or final site development
plan, nor on any accompanying data sheets where approval has been endorsed on the plat or sheets
unless authorization for such changes is granted in writing by the approving body its authorized agent.
(15) Any site development plan may be revised and such revision shall be accomplished in the
same manner as originally approved. Minor and/or technical changes which do not substantially alter the
original site plan may be authorized by the agent.
(16) The filing fee for review of a site plan shall be set by the governing body and shall be
subject to review and change.
(17) Any requirement of this section may be waived by the board of supervisors upon
recommendation of the planning commission in specific cases where such requirement is deemed to be
overly restrictive or unreasonable. In such case, a waiver shall not be adverse to the purpose of this
ordinance.
ARTICLE 8.
CHESAPEAKE BAY PRESERVATION AREA OVERLAY DISTRICT
Sec. 8.1. Title.
This ordinance shall be known and referenced as the "Chesapeake Bay Preservation Area
Overlay District" of King George County.
Sec. 8.2. Findings of fact.
The Chesapeake Bay and its tributaries is one of the most important and productive estuarine
systems in the world, providing economic and social benefits to the citizens of King George County and
the Commonwealth of Virginia. The health of the Bay is vital to maintaining King George County's
economy and the welfare of its citizens.
The Chesapeake Bay waters have been degraded significantly by many sources of pollution,
including non-point source pollution from land uses and development. Existing high quality waters are
worthy of protection from degradation to guard against further pollution. Certain lands that are
proximate to shorelines have intrinsic water quality value due to the ecological and biological processes
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they perform. Other lands have severe development constraints from flooding, erosion, and soil
limitations. With proper management, they offer significant ecological benefits by providing water
quality maintenance and pollution control, as well as flood and shoreline erosion control. These lands
together, designated by the Board of Supervisors as Chesapeake Bay Preservation Areas (hereinafter
"CBPAs"), need to be protected from destruction and damage in order to protect the quality of water in
the Bay and consequently the quality of life in King George County and the Commonwealth of Virginia.
Sec. 8.3. Purpose and intent.7
(a) This ordinance is enacted to implement the requirements of Code of Virginia title 10.1,
ch. 21 (Code of Virginia, § 10.1-2100 et seq.), (The Chesapeake Bay Preservation Act) and amends the
King George County Zoning Ordinance. The intent of the board of supervisors and the purpose of the
overlay district is to: (1) protect existing high quality state waters; (2) restore all other state waters to a
condition or quality that will permit all reasonable public uses and will support the propagation and
growth of all aquatic life, including game fish, which might reasonably be expected to inhabit them; (3)
safeguard the clean waters of the commonwealth from pollution; (4) prevent any increase in pollution;
(5) reduce existing pollution; and (6) promote water resource conservation in order to provide for the
health, safety, and welfare of the present and future citizens of King George County.
(b) This district shall be in addition to and shall overlay all other zoning districts where they
are applied so that any parcel of land lying in the Chesapeake Bay Preservation Area Overlay District
shall also lie in one or more of the other zoning districts provided for by the zoning ordinance. Unless
otherwise stated in the overlay district, the review and approval procedures provided for in article 7 and
chapters 4 and 6 of the County Code shall be followed in reviewing and approving development,
redevelopment, and uses governed by this article.
(c) This article is enacted under the authority of Code of Virginia, § 10.1-2100 et seq., (The
Chesapeake Bay Preservation Act) and Code of Virginia, § 15.2-2283.
Sec. 8.4. Definitions of terms. 8
The following words and terms used in the overlay district have the following meanings, unless
the context clearly indicates otherwise. Words and terms not defined in this article but defined in the
zoning ordinance shall be given the meanings set forth therein.
Act means the Chesapeake Bay Preservation Act found in Code of Virginia, chapter 21 title 21,
ch. 21 (Code of Virginia, § 10.1-2100, et seq.) of Title 10.1.
Agricultural lands means those lands used for the planting and harvesting of crops or plant
growth of any kind in the open; pasture; horticulture; dairying; floriculture; or raising of poultry and/or
livestock.
Applicant means a person submitting an application for development.
7
Legal Analysis: Zoning Ord.§ 8.3. Purpose and intent. Standardized and corrected state law references. Deleted last
sentence as not needed.
8
Legal Analysis: Zoning Ord. § 8.4. Definitions of terms. Standardized and corrected state law references
Page 107 of 153
Best management practices (BMPs) means a practice, or a combination of practices, that is
determined by a state or designated area-wide planning agency to be the most effective, practical means
of preventing or reducing the amount of pollution generated by non-point sources to a level compatible
with water quality goals.
Buffer area means an area of natural or established vegetation managed to protect other
components of a resource protection area and state waters from significant degradation due to land
disturbances.
Chesapeake Bay Preservation Area (CBPA) means any land designated by the board of
supervisors pursuant to Part III, (9 VAC 10-20-70, et seq.) of the Chesapeake Bay Preservation Area
Designation and Management Regulations, and Code of Virginia, § 10.1-2107. A Chesapeake Bay
Preservation Area shall consist of a resource protection area and a resource management area.
Construction footprint means the area of all impervious surface including, but not limited to,
buildings, roads and drives, parking areas, and sidewalks and the area necessary for construction of such
improvements.
Development means the construction, or substantial alteration, of residential, commercial,
industrial, institutional, recreation, transportation, or utility facilities or structures.
Diameter at breast height (DBH) means the diameter of a tree measured outside the bark at a
point 4.5 feet above ground.
Dripline means a vertical projection to the ground surface from the furthest lateral extent of a
tree's leaf canopy.
Floodplain means (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 or runoff of surface water from any source.
Impervious cover means a surface composed of any material that significantly impedes or
prevents natural infiltration of water into the soil. Impervious surfaces include, but are not limited to:
roofs, buildings, streets, parking areas, and any concrete, asphalt, or compacted gravel surface.
Intensely developed areas (IDAs) means a portion of a resource protection area or a resource
management area designated by the board of supervisors where development is concentrated and little of
the natural environment remains.
Land disturbance means those activities as defined in the erosion and sediment control ordinance
of King George County.
Lot coverage means the impervious area of any lot or parcel including, but not limited to
buildings, drives, parking areas, sidewalks, patios, decks, gravel areas, etc.
Non-point source pollution means pollution consisting of constituents such as sediment,
nutrients, and organic and toxic substances from diffuse sources, such as runoff from agriculture and
urban land development and use.
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Nontidal wetlands means those wetlands other than tidal wetlands that are inundated or saturated
by surface or ground water at a frequency and duration sufficient to support, and that under normal
circumstances do support a prevalence of vegetation typically adapted for life in saturated soil
conditions, as defined by the U.S. Environmental Protection Agency pursuant to Section 404 of the
Federal Clean Water Act, in 33 C.F.R. 328.3b.
Noxious weeds means weeds that are difficult to control effectively, such as Johnson Grass,
Kudzu, and multiflora rose.
Plan of development means the process for site plan or subdivision plat review to ensure
compliance with Code of Virginia, § 10.1-2109 and this article, prior to any clearing or grading of a site
or the issuance of a building permit.
Redevelopment means the process of developing land that is or has been previously developed.
Resource management area (RMA) means that component of the Chesapeake Bay Preservation
Area that is not classified as the resource protection area. RMAs include land types that, if improperly
used or developed, have the potential for causing significant water quality degradation or for
diminishing the functional value of the resource protection area, and shall be provided contiguous to the
entire inland boundary of the resource protection area.
Resource protection area (RPA) means that component of the Chesapeake Bay Preservation
Area comprised of lands adjacent to water bodies with perennial flow that have an intrinsic water quality
value due to the ecological and biological processes they perform or are sensitive to impacts which may
result in significant degradation to the quality of state waters.
Silviculture activities means forest management activities, including but not limited to the
harvesting of timber, the construction of roads and trails for forest management purposes, and the
preparation of property for reforestation that are conducted in accordance with the silvicultural best
management practices developed and enforced by the state forester pursuant to the Code of Virginia, §
10.1-1105 and are located on property defined as real estate devoted to forest use under Code of
Virginia, § 58.1-3230.
Substantial alteration means expansion or modification of a building or development that would
result in a disturbance of land exceeding an area of 2,500 square feet in the resource management area
only.
Tidal shore or shore means land contiguous to a tidal body of water between the mean low water
level and the mean high water level.
Tidal wetlands means vegetated and non-vegetated wetlands as defined in Code of Virginia, §
28.2-1300.
Water-dependent facility means a development of land that cannot exist outside of the resource
protection area and must be located on the shoreline by reason of the intrinsic nature of its operation.
These facilities include, but are not limited to (i) ports; (ii) the intake and outfall structures of power
plants, water treatment plants, sewage treatment plants, and storm sewers; (iii) marinas and other boat
docking structures; (iv) beaches and other public water-oriented recreation areas; and (v) fisheries or
other marine resources facilities.
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Wetlands means tidal and nontidal wetlands.
Sec. 8.5. Areas of applicability.
The Chesapeake Bay Preservation Area Overlay District shall apply to all lands identified as
CBPAs as designated by the board of supervisors and as shown on the Chesapeake Bay Map. The
Chesapeake Bay Map, together with all explanatory matter thereon, is hereby adopted by reference and
declared to be a part of this article. Components of the CBPA include the following:
(a) The resource protection area includes:
(1) Tidal wetlands;
(2) Nontidal wetlands connected by surface flow and contiguous to tidal wetlands or water
bodies with perennial flow;
(3) Tidal shores;
(4) A 100-foot vegetated buffer area located adjacent to and landward of the components
listed in subsections (1) through (3), above, and along both sides of any water bodies with
perennial flow.
(b) The resource management area shall be:
(1) That area of the county not identified as being within the resource protection area.
(2) The Chesapeake Bay Map shows the general location of CBPAs and should be consulted
by persons contemplating activities within King George County prior to engaging in a
regulated activity.
(3) Portions of RPAs and RMAs designated by the board of supervisors as intensely
developed areas shall serve as redevelopment areas. Areas so designated shall comply
with all erosion and sediment control requirements and the performance standards for
redevelopment in section 8.11, (Performance standards.)
Sec. 8.6. Use regulations.
Permitted uses, special exception uses, accessory uses, and special requirements shall be as
established by the underlying zoning district, unless specifically modified by the requirements set forth
herein.
Sec. 8.7. Lot size.
Lot size shall be subject to the requirements of the underlying zoning district(s), provided that
any lot shall have sufficient area outside the RPA to accommodate an intended development, in
accordance with the performance standards in section 8.11, when such development is not otherwise
allowed in the RPA.
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Sec. 8.8. Required conditions.
The following conditions apply to uses, land disturbing, development and redevelopment with
the CBPA.
(a) All development and redevelopment exceeding 2,500 square feet of land disturbance
shall be subject to a plan of development process, including the approval of a site plan in
accordance with the provisions of article 7 or a subdivision plat in accordance with the
subdivision ordinance.
(b) Development in RPAs may be allowed only if it: (i) is water-dependent; or (ii) constitutes
redevelopment meeting the criteria provided below:
(1) A new or expanded water dependent facility may be allowed provided that the
following criteria are met:
a. It does not conflict with the comprehensive plan;
b. It complies with the performance criteria set forth in section 8.11 of this
article;
c. Any nonwater-dependent component is located outside of the RPA; and
d. Access to the water-dependent facility will be provided with the minimum
disturbance necessary. Where practicable, a single point of access will be
provided.
(2) Redevelopment on isolated redevelopment sites outside of an area designated by
King George County to be an intensely developed area shall be permitted only if
there is no increase in the amount of impervious cover and no further
encroachment within the RPA and it shall conform to the stormwater management
requirements outlined under section 8.11.2.7. of this article.
(3) Roads and driveways not exempted under section 8.15.1.a, may be constructed in
or across RPAs if each of the following conditions is met:
a. The zoning administrator makes a finding that there are no reasonable
alternatives to aligning the road or driveway in or across the resource
protection area;
b. The alignment and design of the road or driveway are optimized,
consistent with other applicable requirements, to minimize (i)
encroachment of the RPA and (ii) adverse effects of on water quality;
c. The design and construction of the road or driveway satisfy all applicable
criteria of this ordinance, including submission of a water quality impact
assessment; and
d. The zoning administrator reviews the plan for the road or driveway
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proposed in or across the RPA in coordination with other local
government, state, federal requirements and development approvals.
(c) A water quality impact assessment shall be required for any proposed use, land
disturbance, development, or redevelopment within RPAs and for any development
within RMAs when required by the director of community development because of the
unique characteristics of the site or intensity of development, in accordance with the
provisions of section 8.12, of this article.
Sec. 8.9. Conflict with other regulations.
In any case where the requirements of this article conflict with any other provision of the King
George County Code or existing state or federal regulations, whichever imposes the more stringent
restrictions shall apply.
Sec. 8.10. Interpretation of resource protection area boundaries.
Interpretation of resource protection area boundaries shall be made as follows:
(a) The site-specific boundaries of the resource protection area shall be determined by the
applicant through the performance of an environmental site assessment as part of the plan
of development process or water quality impact assessment, subject to approval by the
director of community development and in accordance with section 8.13, Plan of
development, and section 8.12, Water quality impact assessment, of this article. The
Chesapeake Bay Preservation Area Map shall be used as a guide to the general location
of resource protection areas.
(b) Where the applicant has provided a site-specific delineation of the RPA, the director of
community development will verify the accuracy of the boundary delineation. In
determining the site-specific RPA boundary, the director of community development may
render adjustments to the applicant's boundary delineation, in accordance with section
8.13, (Plan of development) of this article. In the event the adjusted boundary delineation
is contested by the applicant, the applicant may seek relief, in accordance with the
provisions of section 8.13.9, (Denial/appeal of plan).
Sec. 8.11. Performance standards.
8.11.1. Purpose and intent. The performance standards establish the means to minimize
erosion and sedimentation potential, reduce land application of nutrients and toxins, and maximize
rainwater infiltration. Natural ground cover, especially woody vegetation, is most effective in holding
soil in place and preventing site erosion. Indigenous vegetation, with its adaptability to local conditions
without the use of harmful fertilizers or pesticides, filters stormwater runoff. Minimizing impervious
cover enhances rainwater infiltration and effectively reduces stormwater runoff potential.
The purpose and intent of these requirements are also to implement the following objectives:
prevent a net increase in non-point source pollution from new development; achieve a ten percent
reduction in non-point source pollution from redevelopment; and achieve a 40 percent reduction in non-
point source pollution from agricultural uses.
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8.11.2. General performance standards for development and redevelopment.
(1) Land disturbance shall be limited to the area necessary to provide for the proposed use or
development.
a. In accordance with an approved site plan, the limits of land disturbance, including
clearing or grading shall be strictly defined by the construction footprint. These
limits shall be clearly shown on submitted plans and physically marked on the
development site.
b. Ingress and egress during construction shall be limited to one access point, unless
otherwise approved by the director of community development.
(2) Indigenous vegetation shall be preserved to the maximum extent practicable consistent
with the use or development proposed and in accordance with the Virginia Erosion and
Sediment Control Handbook.
a. Site clearing for construction shall be allowed only to provide necessary access,
positive site drainage, water quality BMPs, and the installation of utilities, as
approved by the director of community development through the plan of
development process. Existing trees over two inches diameter breast height
(DBH) located outside of the construction footprint shall be preserved. Diseased
trees or trees weakened by age, storm, or other injury may be removed, when
approved by the director of community development. Other woody vegetation on
site shall also be preserved outside the approved construction footprint.
b. Prior to clearing or grading, suitable protective barriers, such as safety fencing,
shall be erected five feet outside of the dripline of any tree or stand of trees to be
preserved. These protective barriers shall remain so erected throughout all phases
of construction. The storage of equipment, materials, debris, or fill shall not be
allowed within the area protected by the barrier.
(3) Land development shall minimize impervious cover to promote infiltration of stormwater
into the ground consistent with the proposed use or development.
a. Grid and modular pavements may be used for any required alley, or other low
traffic driveway, unless otherwise approved by the director of community
development.
b. Parking space size shall be 162 square feet. Parking space width shall be nine
feet; parking space length shall be 18 feet. Two-way drives shall be a maximum
of 22 feet in width.
(4) Notwithstanding any other provisions of this article and chapter 6, Erosion and Sediment
Control, of the Code of King George County or exceptions or exemptions thereto, any
land disturbing activity exceeding 2,500 square feet, including construction of all single-
family houses, septic tanks, and drainfields, shall comply with the requirements of
chapter 6, Erosion and Sediment Control, of the Code of King George County.
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(5) All on-site sewage disposal systems not requiring a Virginia Pollutant Discharge
Elimination System (VPDES) permit shall:
a. Have pump-out accomplished for all such systems at least once every five years;
1. In lieu of being required to pump-out the effluent from the system, if
approved by the Virginia Department of Health at the time of installation
the owner may install and maintain a plastic filter in the outflow pipe from
the septic tank to filter solid material from the effluent while sustaining
adequate flow to the drainfield. The filter must meet the standards in the
Sewage Handling and Disposal Regulations (12 VAC 5-610) administered
by the Virginia Department of Health.
2. In lieu of being required to provide proof of septic tank pump-out every
five years, the property owner may submit documentation every five
years, certified by a sewage handler permitted by the Virginia Department
of Health, that the septic system has been inspected and is functioning
properly, and that the tank does not need to have the effluent pumped out
of it.
(6) A reserve sewage disposal site with a capacity at least equal to that of the primary sewage
disposal site shall be provided, in accordance with the King George County On-Site
Sewage Disposal Ordinance. This requirement shall not apply to any lot or parcel
recorded prior to October 1, 1989, if such lot or parcel is not sufficient in capacity to
accommodate a reserve sewage disposal site, as determined by the local health
department. Building or construction of any impervious surface shall be prohibited on the
area of all sewage disposal sites or on an on-site sewage treatment system which operates
under a permit issued by the state water control board, until the structure is served by
public sewer.
(7) For any use, development or redevelopment, stormwater runoff shall be managed in a
manner consistent with the water quality provisions of the Virginia Stormwater
Management Regulations (4 VAC 3-20-10, et seq.) to achieve the following:
a. For development, the post-development non-point source pollution runoff load
shall not exceed the pre-development load, based on the Chesapeake Bay
Watershed default value calculated by the Chesapeake Bay Local Assistance
Department.
b. For redevelopment sites within IDAs and/or all other redevelopment sites, the
non-point source pollution load shall be reduced by at least ten percent. The
director of community development may waive or modify this requirement for
redevelopment sites that originally incorporated best management practices for
stormwater runoff quality control, provided the following provisions are satisfied:
1. In no case may the post-development non-point source pollution runoff
load exceed the pre-development load;
2. Runoff pollution loads must have been calculated and the BMP's selected
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for the expressed purpose of controlling non-point source pollution;
3. If best management practices are structural, evidence shall be provided
that facilities are currently in good working order and performing at the
design levels of service. The director of community development may
require a review of both the original structural design and maintenance
plans to verify this provision. A new maintenance agreement may be
required to ensure compliance with this article.
c. For redevelopment, both the pre- and post-development loadings shall be
calculated by the same procedures. However, where the design data is available,
the original post-development non-point source pollution loadings of the original
use can be substituted for the existing development loadings.
(8) Prior to initiating grading or other on-site activities on any portion of a lot or parcel, all
wetlands permits required by federal, state, and local laws and regulations shall be
obtained and evidence of such submitted to the director of community development, in
accordance with section 8.13, of this article.
(9) Land upon which agricultural activities are being conducted shall have a soil and water
quality conservation assessment conducted that evaluates the effectiveness of existing
practices pertaining to soil erosion and sediment control, nutrient management, and
management of pesticides and, where necessary, results in a plan that outlines additional
practices need to ensure that water quality protection is being accomplished consistent
with the Act and this chapter.
(10) Evidence of all state, federal or local permits required prior to authorizing grading or any
other on-site activity to begin.
8.11.3. Buffer area requirements. To minimize the adverse effects of human activities on
the other components of resource protection areas, state waters, and aquatic life, a 100-foot buffer area
of vegetation that is effective in retarding runoff, preventing erosion, and filtering non-point source
pollution from runoff shall be retained if present and established where it does not exist. The buffer area
shall be located adjacent to and landward of other RPA components and along both sides of any water
body with perennial flow. The full buffer area shall be designated as the landward component of the
RPA, in accordance with sections 8.5, (Areas of applicability) and 8.13, (Plan of development) of this
article.
a. The 100-foot buffer area shall be deemed to achieve a 75 percent reduction of sediments
and a 40 percent reduction of nutrients.
b. Where land uses such as agricultural or silviculture within the area of the buffer cease
and the lands are proposed to be converted to other uses, the full 100-foot wide buffer
shall be reestablished. In reestablishing the buffer, management measures shall be
undertaken to provide woody vegetation that assures the buffer functions set forth herein.
c. The buffer area shall be maintained to meet the following additional performance
standards:
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1. In order to maintain the functional value of the buffer area, indigenous vegetation
may be removed subject to approval by the director of community development
only to provide for reasonable sight lines, access paths, general woodlot
management, and best management practices including those that prevent upland
erosion and concentrated flows of storm water, as follows:
a. Trees may be pruned or removed as necessary to provide for sight lines
and vistas provided that where removed, they shall be replaced with other
vegetation that is equally effective in retarding runoff, preventing erosion,
and filtering non-point source pollution from runoff.
b. Any path shall be constructed so as to effectively control erosion.
c. Dead, diseased, or dying trees or shrubbery and noxious weeds (such as
Johnson grass, kudzu and multi-flora rose) may be removed and thinning
of trees may be allowed, pursuant to sound horticultural practice
incorporated into locally adopted standards.
d. For shoreline erosion control projects, trees and woody vegetation may be
removed, necessary control techniques employed, and appropriate
vegetation established to protect or stabilize the shoreline in accordance
with the best available technical advice and applicable permit conditions
or requirements.
2. When the application of the buffer areas would result in the loss of a buildable
area on a lot or parcel recorded prior to October 1, 1989, the director of
community development may authorize encroachments into the buffer area in
accordance with section 8.13, (Plan of development) and the following criteria:
a. Encroachments into the buffer areas shall be the minimum necessary to
achieve a reasonable buildable area for a principal structure and necessary
utilities;
b. Where practicable, a vegetated area that will maximize water quality
protection, mitigate the effects of the buffer encroachment, and is at a
minimum equal to the area of encroachment into the buffer area shall be
established elsewhere on the lot or parcel; and
c. The encroachment may not extend into the seaward 50 feet of the buffer
area.
3. On agricultural lands the agricultural buffer area shall be managed to prevent
concentrated flows of surface water from breaching the buffer area and
appropriate measures may be taken to prevent noxious weeds (such as Johnson
grass, kudzu, and multiflora rose) from invading the buffer area. Agricultural
activities may encroach into the buffer area as follows:
a. Agricultural activities may encroach into the landward 50 feet of the 100-
foot wide buffer area when at least one agricultural best management
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practice which, in the opinion of the local soil and water conservation
district board, addresses the more predominant water quality issue on the
adjacent land erosion control or nutrient management is being
implemented on the adjacent land, provided that the combination of the
undisturbed buffer area and the best management practice achieves water
quality protection, pollutant removal, and water resource conservation at
least the equivalent of the 100-foot wide buffer area. If nutrient
management is identified as the predominant water quality issue, a
nutrient management plan, including soil tests, must be developed
consistent with the Virginia Nutrient Training and Certification
Regulations (4 VAC 5-15) administered by the Virginia Department of
Conservation and Recreation.
b. Agricultural activities may encroach within the landward 75 feet of the
100-foot wide buffer area when agricultural best management practices,
which address erosion control, nutrient management, and pest chemical
control, are being implemented on the adjacent land. The erosion control
practices must prevent erosion from exceeding the soil loss tolerance
level, referred to as "T," as defined in the "National Soil Survey
Handbook" of November 1996 in the "Field Office Technical Guide" of
the U.S. Department of Agriculture Natural Resource Conservation
Service. A nutrient management plan, including soil tests, must be
developed, consistent with the Virginia Nutrient Management Training
and Certification Regulations (4 VAC 5-15) administered by the Virginia
Department of Conservation and Recreation. In conjunction with the
remaining buffer area, this collection of best management practices shall
be presumed to achieve water quality protection at least the equivalent of
that provided by the 100-foot wide buffer area.
c. The buffer area is not required to be designated adjacent to agricultural
drainage ditches if at least one best management practice which, in the
opinion of the local soil and water conservation district board, addresses
the more predominant water quality issue on the adjacent land either
erosion control or nutrient management is being implemented on the
adjacent land.
d. If specific problems are identified pertaining to agricultural activities
which are causing pollution of the nearby water body with perennial flow
or violate performance standards pertaining to the vegetated buffer area,
the local government, in cooperation with soil and water conservation
district, shall recommend a compliance schedule to the landowner and
require the problems to be corrected consistent with that schedule. This
schedule shall expedite environmental protection while taking into account
the seasons and other temporal considerations so that the probability for
successfully implementing the corrective measures is greatest.
e. In cases where the landowner or his agent or operator has refused
assistance from the soil and water conservation district in complying with
or documenting compliance with the agricultural requirements of this
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chapter, the district shall report the noncompliance to the director of the
King George County, Department of Community Development. The
director shall require the landowner to correct the problems within a
specified period of time not to exceed 18 months from their initial
notification of the deficiencies to the landowner. King George County, in
cooperation with the district, shall recommend a compliance schedule to
the landowner. This schedule shall expedite environmental protection
while taking into account the seasons and other temporal considerations so
that the probability for successfully implementing the corrective measures
is greatest.
Sec. 8.12. Water quality impact assessment.
8.12.1. Purpose and intent. The purpose of the water quality impact assessment is to: (i)
identify the impacts of proposed land disturbance, development or redevelopment on water quality and
lands within RPAs (ii) ensure that, where land disturbance, development or redevelopment does take
place within RPAs and other sensitive lands, it will be located on those portions of a site and in a
manner that will be least disruptive to the natural functions of RPAs and other sensitive lands; (iii) to
protect individuals from investing funds for improvements proposed for location on lands unsuited for
such development because of high ground water, erosion, or vulnerability to flood and storm damage;
(iv) provide for administrative relief from the terms of this article when warranted and in accordance
with the requirements contained herein; and (v) specify mitigation which will address water quality
protection.
8.12.2. Water quality impact assessment required. A water quality impact assessment is
required for (i) any proposed land disturbance, development or redevelopment within an RPA, including
any buffer area modification or encroachment as provided for in section 8.11.3.2; (ii) any development
in a RMA as deemed necessary by the director of community development due to the unique
characteristics of the site or intensity of the proposed development. There shall be two levels of water
quality impact assessments: a minor assessment and a major assessment.
8.12.3. Minor water quality impact assessment. A minor water quality impact assessment
pertains only to land disturbance, development or redevelopment within CBPAs, which causes no more
than 5,000 square feet of land disturbance within CBPA's and proposes any encroachment into the
landward 50 feet of the 100-foot buffer area as permitted under section 8.11.3.2. A minor assessment
must demonstrate through acceptable calculations that the buffer area, enhanced vegetation, and
necessary best management practices will result in removal of no less than 75 percent of sediments and
40 percent of nutrients from post-development stormwater runoff. A minor assessment shall include a
site drawing to scale, which shows the following:
a. Location of the components of the RPA, including the 100-foot buffer area;
b. Location and nature of the proposed encroachment into the buffer area, including: type of
paving material; areas of clearing or grading; location of any structures, drives, or other
impervious cover; and sewage disposal systems or reserve drainfield sites;
c. Type and location of proposed best management practices to mitigate the proposed
encroachment.
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8.12.4. Major water quality impact assessment. A major water quality impact assessment
shall be required for any land disturbance, development or redevelopment which (i) exceeds 5,000
square feet of land disturbance within CBPA's and proposes to encroach into landward 50 feet of the
100-foot buffer area; (ii) disturbs any portion of the buffer area within 50 feet of any other component of
an RPA; or (iii) is located solely in an RMA and is deemed necessary by the director of community
development. The information required in this section shall be considered a minimum, unless the
director of community development determines that some of the elements are unnecessary due to the
scope and nature of the proposed use and development of land.
The following elements shall be included in the preparation and submission of a major water
quality assessment:
a. All of the information required in a minor water quality impact assessment, as specified
in section 8.12.3.;
b. A hydrogeological element that:
1. Describes the existing topography, soils, and hydrology of the site and adjacent
lands.
2. Describes the impacts of the proposed development on topography, soils,
hydrology and geology on the site and adjacent lands.
3. Indicates the following:
a. Disturbance or destruction of wetlands and justification for such action;
b. Disruptions or reductions in the supply of water to wetlands, streams,
lakes, rivers or other water bodies;
c. Disruptions to existing hydrology including wetland and stream
circulation patterns;
d. Source location and description of proposed fill material;
e. Location of dredge material and location of dumping area for such
material;
f. Estimation of pre- and post-development pollutant loads in runoff;
g. Estimation of percent increase in impervious surface on site and type(s) of
surfacing materials used;
h. Percent of site to be cleared for project;
i. Anticipated duration and phasing schedule of construction project;
j. Listing of all requisite permits from all applicable agencies necessary to
develop project.
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k. Describes the proposed mitigation measures for the potential water quality
impacts. Potential mitigation measures include:
1. Additional proposed erosion and sediment control concepts;
beyond those normally required under section 8.11.2.4, these
concepts may include minimizing the extent of the cleared area,
perimeter controls, reduction of runoff velocities, measures to
stabilize disturbed areas, schedule and personnel for site
inspection;
2. Proposed stormwater management system for nonpoint source
water quality and quantity control;
c. A landscape element that:
1. Identifies and delineates the location of all woody plant communities on site with
their dominant species composition, including all trees two inches or greater
diameter at breast height. Where there are groups of trees, stands may be outlined.
2. Describes the impacts the development or use will have on the existing
vegetation. Information should include:
a. General limits of clearing, based on all anticipated improvements,
including buildings, drives, and utilities;
b. Clear delineation of all trees and other woody vegetation, which will be
removed;
c. Description of all plant species to be disturbed or removed.
3. Describes the proposed measures for mitigation. Possible mitigation measures
include:
a. Proposed design and replanting schedule for trees, woody vegetation and
other significant vegetation removed for construction, including a list of
proposed plants and trees to be used.
b. Demonstration that the revegetation plan supplements existing buffer
vegetation in a manner that provides for pollutant removal, erosion and
runoff control.
c. Demonstration that the design of the plan will preserve to the greatest
extent possible any significant trees and vegetation on the site and will
provide maximum erosion control and overland flow benefits from such
vegetation.
d. Demonstration that indigenous plants are to be used to the greatest extent
possible.
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8.12.5. Submission and review requirements.
a. Five copies of all site drawings and other applicable information as required by sections
8.12.3 and 8.12.4 shall be submitted to the director of community development for
review.
b. All information required in this section shall be certified as complete and accurate by a
professional engineer for either major or minor water quality assessments or a certified
land surveyor for minor water quality assessments only.
c. A minor water quality impact assessment shall be prepared and submitted to and
reviewed by the director of community development in conjunction with section 8.13,
(Plan of development).
d. A major water quality impact assessment shall be prepared and submitted to and
reviewed by the director of community development in conjunction with a request for
rezoning, special use permit, or in conjunction with section 8.13, as deemed necessary by
the director of community development.
e. As part of any major water quality impact assessment submittal, the director of
community development may require review by the Chesapeake Bay Local Assistance
Department (CBLAD). Upon receipt of a major water quality impact assessment, the
director of community development will determine if such review is warranted and may
request CBLAD to review the assessment and respond with written comments. Any
comments by CBLAD will be incorporated into the final review by the director of
community development, provided that such comments are provided by CBLAD within
90 days of the request.
8.12.6. Evaluation procedure. Upon the completed review of a minor water quality
impact assessment, the director of community development will determine if any proposed modification
or encroachment into to the buffer area is consistent with the provisions of this article and make a
finding based upon the following criteria:
a. The necessity of the proposed encroachment and the ability to place
improvements elsewhere on the site to avoid disturbance of the buffer area;
b. Impervious surface is minimized;
c. Proposed mitigation measures, including the revegetation plan and site design,
result in minimal disturbance to all components of the RPA, including the 100-
foot buffer are;
d. Proposed mitigation will work to retain all buffer area functions: pollutant
removal, erosion and runoff control;
e. Proposed best management practices, where required, achieve the requisite
reductions in pollutant loadings;
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f. The development, as proposed, meets the purpose and intent of this article;
g. The cumulative impact of the proposed development, when considered in relation
to other development in the vicinity, both existing and proposed, will not result in
a significant degradation of water quality.
2. Upon the completed review of a major water quality impact assessment, the director of
community development will determine if the proposed development is consistent with
the purpose and intent of this article and make a finding based upon the following
criteria:
a. Within any RPA, the proposed development is water-dependent or is
redevelopment;
b. The disturbance of any wetlands will be minimized;
c. The development will not result in significant disruption of the hydrology of the
site;
d. The development will not result in unnecessary destruction of plant materials on
site;
e. Proposed erosion and sediment control concepts are adequate to achieve the
reductions in runoff and prevent off-site sedimentation;
f. Proposed stormwater management concepts are adequate to control the
stormwater runoff to achieve the required performance standard for pollutant
control;
g. Proposed revegetation of disturbed areas will provide runoff control and pollutant
removal equivalent of the full 100-foot undisturbed buffer area and provide
optimum erosion and sediment control benefits;
h. The design and location of any proposed drainfield will be in accordance with the
requirements of section 8.11.
i. The development, as proposed, is consistent with the purpose and intent of the
overlay district;
3. The director of community development shall require additional mitigation where
potential impacts have not been adequately addressed. Evaluation of mitigation measures
will be made by the director of community development based on the criteria listed in
subsections 8.12.6.1 and 8.12.6.2.
4. The director of community development shall find the proposal to be inconsistent with
the purpose and intent of this article when the impacts created by the proposal cannot be
mitigated. Evaluation of the impacts will be made by the director of community
development based on the criteria listed in subsections 8.12.6.1 and 8.12.6.2.
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Sec. 8.13. Plan of development process.
Any development or redevelopment exceeding 2,500 square feet of land disturbance shall be
accomplished through a plan of development process prior to any development preparation activities on
site such as, clearing or grading of the site or the issuance of any building permit, to assure compliance
with all applicable requirements of this article.
8.13.1. Required information. In addition to the requirements of article 7 of the King
George County Zoning Ordinance and Subdivision Ordinance, the plan of development process shall
consist of the plans and studies identified below. These required plans and studies may be coordinated or
combined. The director of community development may determine that some of the following
information is unnecessary due to the scope and nature of the proposed development. The following
plans or studies shall be submitted, unless otherwise provided for:
a. A site plan, preliminary and/or final, in accordance with the provisions of article 7 of the
zoning ordinance; or a subdivision plat in accordance with the provisions of the King
George County Subdivision Ordinance; however, for single-family dwellings with no
RPA encroachment a plot plan may be submitted in lieu of a site plan.
b. An environmental site assessment, except where a plot plan is accepted under subsection
a. above;
c. A landscaping plan, except where a plot plan is accepted under a. above;
d. A stormwater management plan, except where a plot plan is accepted under a. above;
e. An erosion and sediment control plan in accordance with the provisions of chapter 6 of
the King George County Code. However, for single-family dwellings with no RPA
encroachment an agreement in lieu of a plan may be entered into with the county.
8.13.2. Plot plan requirements for single-family homes. A plot plan for individual single
family homes, additions to such dwellings and accessory buildings shall be submitted to the zoning
administrator. At a minimum, the plot plan shall be drawn to scale and contain the following:
a. A boundary survey of the site (if available) or site drawing showing the north arrow and
property line measurements.
b. Area of the lot/parcel.
c. Location, dimensions and use of proposed and existing structures including marine and
temporary structures. In the case of temporary structures, the date when the structures
will be removed must be indicated.
d. Location of all building restriction lines, setbacks, easements, covenant restrictions and
rights-of-way.
e. Dimensions and location of all driveways, parking areas or any other impervious
surfaces.
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f. Location of all existing and proposed septic tanks and drainfield areas including reserve
areas and the location of all existing and proposed wells.
g. Limits of all clearing and grading.
h. Location of the limits of the RPA, including any water bodies with perennial flow, and
any additional required buffer areas.
i. Location of all erosion and sediment control devices.
j. If the total percentage of the proposed post development impervious surfaces exceeds 16
percent of the total site area, a storm water management plan as required in subsection
8.13.5 must be submitted.
k. Any encroachment into the RPA shall require the applicant to comply with all aspects of
the plan of development process, as applicable, and submit a water quality impact
assessment.
8.13.3. Environmental site assessment. An environmental site assessment, when required,
shall be submitted in conjunction with preliminary site plan or preliminary subdivision plan approval.
a. The environmental site assessment shall be drawn to scale and clearly delineate the
following environmental features:
1. Tidal wetlands;
2. Tidal shores;
3. Nontidal wetlands connected by surface flow and contiguous to tidal wetlands or
water bodies with perennial flow;
4. 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 or water bodies with
perennial flow;
b. Wetlands delineations shall be performed consistent with the procedures specified in the
Federal Manual for Identifying and Delineating Jurisdictional Wetlands, 1987.
c. The environmental site assessment shall delineate the site-specific geographic extent of
the RPA on the specific site or parcel as required under section 8.10.
d. The environmental site assessment shall be drawn at the same scale as the preliminary
site plan or subdivision plat, and shall be certified as complete and accurate by a
professional engineer or a certified land surveyor. This requirement may be waived by
the director of community development when the proposed use or development would
result in less than 5,000 square feet of disturbed area.
8.13.4. Landscaping plan. A landscaping plan, when required, shall be submitted in
conjunction with site plan approval or as part of subdivision plat approval. No clearing or grading of any
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lot or parcel shall be permitted without an approved landscaping plan.
Landscaping plans shall be prepared and/or certified by design professionals practicing within
their areas of competence as prescribed by the Code of Virginia.
a. Contents of the plan.
1. The landscaping plan shall be drawn to scale and clearly delineate the location,
size, and description of existing and proposed plant material. All existing trees on
the site within the construction footprint of two inches or greater DBH shall be
shown on the landscaping plan. Where there are groups of trees, outside of the
construction footprint, stands may be outlined instead. The specific number of
trees two inches or greater DBH to be preserved outside of the construction
footprint shall be noted on the plan. Trees and other woody vegetation proposed
to be removed to create the desired construction footprint shall be clearly
delineated on the landscaping plan.
2. Any required RPA buffer area shall be clearly delineated and any plant material to
be added to establish or supplement the buffer area, as required by this article,
shall be shown on the landscaping plan.
3. Within the RPA buffer area, trees and other woody vegetation to be removed for
sight lines, vistas, access paths, and best management practices, as provided for in
this article, shall be shown on the plan. Vegetation required by this article to
replace any existing trees within the buffer area shall also be shown on the
landscaping plan.
4. Trees and other woody vegetation to be removed for shoreline stabilization
projects and any replacement vegetation required by this article shall be shown on
the landscaping plan.
5. The plan shall depict grade changes or other work adjacent to trees and other
woody vegetation, which would affect them adversely. Specifications shall be
provided as to how grade, drainage, and aeration would be maintained around
trees to be preserved.
6. The landscaping plan will include specifications for the protection of existing
trees and other woody vegetation during clearing, grading, and all phases of
construction.
7. If the proposed development is a change in use from agriculture or silviculture to
any other land use, the plan must demonstrate the re-establishment of the
vegetation in the buffer area.
b. Plant specifications.
1. All plant materials necessary to supplement the buffer area or vegetated areas
outside the construction footprint shall be installed according to standard planting
practices and procedures. Indigenous plant species are required to be used in
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supplementing the buffer area.
2. All supplementary or replacement plant materials shall be living and in a healthy
condition. Plant materials shall conform to the standards of the most recent
edition of the American Standard for Nursery Stock, published by the American
Association of Nurserymen.
3. Where areas to be preserved, as designated on an approved landscaping plan, are
encroached, replacement of existing trees and other vegetation will be achieved at
a ratio of three planted trees to one removed. Replacement trees shall be a
minimum three and one-half inches DBH at the time of planting.
c. Maintenance.
1. The applicant shall be responsible for the maintenance and replacement of all
vegetation as may be required by the provisions of this article.
2. In buffer areas and areas outside the construction footprint, plant material shall be
tended and maintained in a healthy growing condition and free from refuse and
debris. Unhealthy, dying, or dead plant materials shall be replaced during the next
planting season, as required by the provisions of this article.
8.13.5. Stormwater management plan. A stormwater management plan, shall be
submitted as part of the plan of development process required by this article and in conjunction with site
plan or subdivision plan approval.
a. The stormwater management plan shall contain maps, charts, graphs, tables, photographs,
narrative descriptions, explanations, and citations to supporting references as appropriate
to communicate the information required by this article. At a minimum, the stormwater
management plan must contain the following:
1. Location and design of all planned stormwater control devices;
2. Procedures for implementing non-structural stormwater control practices and
techniques;
3. Pre- and post-development non-point source pollutant loadings with supporting
documentation of all utilized coefficients and calculations;
4. For facilities, verification of structural soundness, including a professional
engineer or Class III B surveyor certification;
b. Site specific facilities shall be designed for the ultimate development of the contributing
watershed based on zoning, comprehensive plans, local public facility master plans, or
other similar planning documents.
c. All engineering calculations must be performed in accordance with procedures outlined
in the current edition of the Virginia Storm Water Management Handbook.
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d. The plan shall establish a long-term schedule for inspection and maintenance of
stormwater management facilities that includes all maintenance requirements and persons
responsible for performing maintenance. If the designated maintenance responsibility is
with a party other than King George County then a maintenance agreement shall be
executed between the responsible party and King George County.
8.13.6. Erosion and sediment control plan. An erosion and sediment control plan, when
required, shall be submitted that satisfies the requirements of this article and in accordance with chapter
6 of the King George County Code, in conjunction with site plan or subdivision plan approval.
8.13.7. Final plan. Final plans, when required, for property within CBPAs shall be final
plats for land to be subdivided or site plans for land not to be subdivided as required in article 7 of the
King George County Zoning Ordinance.
a. Final plans for all lands within CBPAs shall include the following additional information:
1. The delineation of the resource protection area boundary, including the 100-foot
buffer area component;
2. Plat or plan note stating that no land disturbance is allowed in the buffer area
without review and approval by the director of community development;
3. All wetlands permits required by law;
4. A maintenance agreement as deemed necessary and appropriate by the director of
community development to ensure proper maintenance of best management
practices in order to continue their functions.
b. Installation and bonding requirements.
1. Where buffer areas, landscaping, stormwater management facilities or other
specifications of an approved plan are required, no certificate of occupancy shall
be issued until the installation of required plant materials or facilities is
completed, in accordance with the approved site plan.
2. When the occupancy of a structure is desired prior to the completion of the
required landscaping, stormwater management facilities, or other specifications of
an approved plan, a certificate of occupancy may be issued only if the applicant
provides to King George County a form of surety satisfactory to the director of
community development in amount equal to the remaining plant materials, related
materials, and installation costs of the required landscaping or other specifications
and/or maintenance costs for any required stormwater management facilities,
during the construction period.
3. All required landscaping shall be installed and approved by the first planting
season following issuance of a certificate of occupancy or the surety may be
forfeited to the King George County.
4. All required stormwater management facilities or other specifications shall be
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installed and approved within 18 months of project commencement. Should the
applicant fail, after proper notice, to initiate, complete or maintain appropriate
actions required by the approved plan, the surety may be forfeited to King George
County. King George County may collect from the applicant the amount by which
the reasonable cost of required actions exceeds the amount of the surety held.
5. After all required actions of the approved site plan have been completed; the
applicant must submit a written request for a final inspection. If the requirements
of the approved plan have been completed to the satisfaction of the director of
community development, such unexpended or unobligated portion of the surety
held shall be refunded to the applicant or terminated within 60 days following the
receipt of the applicant's request for final inspection. The director of community
development may require a certificate of substantial completion from a
professional engineer or Class III B surveyor before making a final inspection.
8.13.8. Administrative responsibility. Administration of the plan of development process
shall be in accordance with article 7 of the zoning ordinance or the King George County Subdivision
Ordinance, as appropriate.
8.13.9. Denial of plan, appeal of conditions or modifications. In the event the final plan
or any component of the plan of development process is disapproved and recommended conditions or
modifications are unacceptable to the applicant, the applicant may appeal such administrative decision to
the board of zoning appeals. In granting an appeal, the board of zoning appeals must find such plan to be
in accordance with all applicable ordinances and include necessary elements to mitigate any detrimental
impact on water quality and upon adjacent property and the surrounding area, or such plan meets the
purpose and intent of the performance standards in this article. If the board of zoning appeals finds that
the applicant's plan does not meet the above stated criteria, they shall deny approval of the plan.
Sec. 8.14. Nonconforming use, nonconforming structures.
The lawful use of a building or structure which existed on April 1, 1991, or which exists at the
time of any amendment to this article, and which is not in conformity with the provisions of the overlay
district may be continued in accordance with section 1.10 of the King George County Zoning Ordinance
provided that:
No change or expansion of use shall be allowed with the exception that:
a. Where an existing legal nonconforming principal structure encroaches into an RPA
feature, the director of community development may allow the legal nonconforming
principal structure to be enlarged provided that:
1. There will be no increase in non-point source pollution load;
2. Any development or land disturbance exceeding an area of 2,500 square feet
complies with all erosion and sediment control requirements of this article.
b. An application to enlarge a principal nonconforming structure as described above shall be
made in writing to the director of community development and shall include for the
purpose of proper enforcement of this article, the following information:
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1. Name and address of applicant and property owner;
2. Legal description of the property and type of proposed use and development;
3. A plat showing the dimensions of the lot or parcel, location of buildings and
proposed additions relative to the lot lines, boundary of the resource protection
area, and a proposed mitigation measure to off-set the loss of additional buffer
area;
4. Location and description of any existing private water supply or sewage system;
5. A nonconforming use waiver shall become null and void 12 months from the date
issued if no substantial work has commenced. A single one-year extension of a
nonconforming use waiver may be given upon written request by the applicant to
the director of community development made within 90 days before the
expiration of the approved waiver.
c. An application for the expansion of a nonconforming principal structure may be approved
by the director of community development through an administrative review process
provided that the following findings are made:
1. The request for the waiver is the minimum necessary to afford relief;
2. Granting the waiver will not confer upon the applicant any specific privileges that
are denied by this article to other property owners in similar situations;
3. The waiver is in harmony with the purpose and intent of this article and does not
result in water quality degradation;
4. The waiver is not based on conditions or circumstances that are self-created or
self-imposed;
5. Reasonable and appropriate conditions are imposed, as warranted, that will
prevent the waiver from causing a degradation of water quality;
6. Other findings, as appropriate and required by King George County are met; and
7. In no case shall this provision apply to accessory structures.
Sec. 8.15. Exemptions.9
8.15.1. Exemptions for public utilities, railroads, and public roads, and facilities.
Exemptions for local utilities and other service lines owned, permitted or both by a local government, a
local service authority or a regional service authority shall be exempt from the overlay district provided
that:
9
Legal Analysis: Zoning Ord. § 8.15. Exemptions. Corrected and standardized state law references.
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a. Construction, installation, operation, and maintenance of electric, natural gas, fiber-optic
and telephone transmission lines, railroads, and public roads and their appurtenant
structures in accordance with (i) regulations promulgated pursuant to the Erosion and
Sediment Control Law, Code of Virginia, title 10.1, ch.4, art. 4 (Code of Virginia, § 10.1-
560, et seq.) and the Stormwater Management Act, Code of Virginia, title 10.1, ch.6, art.
1.1 (Code of Virginia, § 10.1-603.1 et seq.), (ii) an erosion and sediment control plan and
a stormwater management plan approved by the Virginia Department Conservation and
Recreation, or (iii) local water quality protection criteria at least as stringent as the above
stated requirements are deemed to comply with this article. The exemption of public
roads is further conditioned on the following:
1. The road alignment and design has been optimized consistent with all applicable
requirements, to prevent or otherwise minimize the encroachment in the RPA and
to minimize the adverse effects on water quality.
b. Exemptions for local utilities and other service lines. Construction installation, and
maintenance of water, sewer, natural gas lines, underground telecommunications and
cable television lines owned permitted or both by a local government or regional service
authority shall be exempt from the criteria in this part provided that:
1. To the degree possible, the location of such utilities and facilities should be
outside RPAs;
2. No more land shall be disturbed than is necessary to provide for the proposed
utility installation;
3. All construction, installation, and maintenance of such utilities and facilities shall
be in compliance with all applicable state and federal requirements and permits
and designed and conducted in a manner that protects water quality; and
4. Any land disturbance exceeding an area of 2,500 square feet complies with all
King George County erosion and sediment control requirements.
8.15.2. Exemptions for silvicultural activities. Silvicultural activities are exempt from the
requirements of this article provided that silvicultural operations adhere to water quality protection
procedures prescribed by the Virginia Department of Forestry in its ", Virginia Forestry Best
Management Practices for Water Quality."
8.15.3. Exemptions in resource protection areas. The following land disturbances in
resource protection areas may be exempted from the overlay district: (i) water wells; (ii) passive
recreation facilities such as boardwalks, trails, and pathways; and (iii) historic preservation and
archaeological activities, provided that it is demonstrated to the satisfaction of the director of community
development that:
a. Any required permits, except those to which this exemption specifically applies, shall
have been issued;
b. Sufficient and reasonable proof is submitted that the intended use will not deteriorate
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water quality;
c. The intended use does not conflict with nearby planned or approved uses; and
d. Any land disturbance exceeding an area of 2,500 square feet shall comply with all King
George County erosion and sediment control requirements.
Sec. 8.16. Variance.
(a) A request for a variance to the requirements of section 8.8 and/or section 8.11.3 of this
overlay district may be made in accordance with section 5.6, King George County Zoning Ordnance.
The application for variance shall identify the impacts of the proposed variance on water quality and on
lands within the RPA through the performance of a water quality impact assessment, which complies
with the provisions of section 8.12.
1. The King George County Board of Zoning Appeals shall notify the public of any such
variance requests and shall consider these requests in a public hearing in accordance with
Code of Virginia, § 15.2-2204, as amended, except that only one hearing shall be
required.
(b) The board of zoning appeals shall review the request for a variance and the water quality
impact assessment and may grant the variance with such conditions and safeguards as deemed necessary
to further the purpose and intent of this article if the board of zoning appeals finds:
1. Granting the variance will not confer upon the applicant any special privileges that are
denied by this article to other property owners in the overlay district;
2. The variance request is not based upon conditions or circumstances that are self-created
or self-imposed, nor does the request arise from conditions or circumstances either
permitted or nonconforming that are related to adjacent parcels;
3. The variance request is the minimum necessary to afford relief;
4. The variance request will be in harmony with the purpose and intent of the overlay
district, and not injurious to the neighborhood or otherwise detrimental to the public
welfare;
5. The granting of the variance will not be of substantial detriment to water quality; and
6. Reasonable and appropriate conditions are imposed which will prevent the variance
request from causing a degradation of water quality.
(c) The board of zoning appeals shall consider the water quality impact assessment and the
findings and rationale of the director of community development in determining harmony with the
intended spirit and purpose of this article.
(d) A request for an exception to the requirements of provisions of this article other than
subsections 8.8 and 8.11.3 shall be made in writing to the zoning administrator, who may grant these
exceptions provided that:
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1. Exceptions to the requirements are the minimum necessary to afford relief; and
2. Reasonable and appropriate conditions are placed upon any exception that is granted, as
necessary, so that the purpose and intent of this article is preserved.
3. Variances to subsection 8.11.2 may be granted, provided that the findings noted in
subsection 8.16.b.1-6 are made.
ARTICLE 9.
FLOODPLAIN MANAGEMENT OVERLAY DISTRICT
Sec. 9.1. Title.
This ordinance shall be known and referenced as the "Floodplain Management Overlay District"
of King George County.
Sec. 9.2. 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 tax
base by:
A. Regulating uses, activities, and development which, alone or in combination with other
existing or future uses, activities, and development, will cause unacceptable increases in
flood heights, velocities, and frequencies.
B. Restricting or prohibiting certain uses, activities, and development from locating within
areas subject to flooding.
C. 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.
D. Protecting individuals from buying land and structures, which are unsuited for intended
purposes because of flood hazards.
Sec. 9.3. Applicability.
These provisions shall apply to all lands within the jurisdiction of King George County and
identified as being in the 100-year floodplain by the Federal Insurance Administration.
Sec. 9.4. Compliance and liability.
A. 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 article and any other applicable ordinances and regulations which apply to uses within
the jurisdiction of this ordinance.
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B. The degree of flood protection sought by the provisions of this article 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 manmade or natural causes, such
as ice jams and bridge openings restricted by debris. This article 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.
C. This article shall not create liability on the part of King George County or any officer or
employee thereof for any flood damages that result from reliance on this article or any administrative
decision lawfully made thereunder.
Sec. 9.5. Description of the district.
The floodplain management overlay district shall include areas subject to inundation by waters
of the 100-year flood. The basis for the delineation of the district shall be the 100-year flood elevations
or profiles contained in the flood insurance study and the flood insurance rate maps for King George
County prepared by the Federal Emergency Management Agency, Federal Insurance Administration,
dated December 15, 1990, as amended.
Sec. 9.6. Overlay district concept.
A. The floodplain management district described in section 9.5 shall be an overlay to the
existing underlying zoning districts as shown on the official zoning map of King George County, and as
such, the provisions for this district shall serve as a supplement to the underlying district provisions.
B. Any conflict between the provisions or requirements of this district and those of any
underlying district or the Chesapeake Bay Preservation Area Overlay District, the more restrictive
provisions and/or those pertaining to the floodplain management district shall apply.
C. In the event any provision concerning the floodplain management district is declared
inapplicable as a result of any legislative or administrative actions or judicial decision, the basic
underlying provisions shall remain applicable.
Sec. 9.7. Official map.
The boundaries of the floodplain management district are established as shown on the flood
insurance rate maps (FIRM) which are declared to be a part of this article and which shall be kept on file
in the King George County Department of Planning and Code Compliance.
Sec. 9.8. District boundary changes.
The delineation of the floodplain management district may be revised by the King George
County Board of Supervisors where natural or manmade 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 such change. However, prior to any such
change, approval must be obtained from the Federal Insurance Administration.
Sec. 9.9. Interpretation of district boundaries.
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Initial interpretations of the boundaries of the floodplain management district shall be made by
the director of community development or his designee. Appeals of the director's interpretation shall be
made in accordance with the provisions of section 5.6 of the King George County Zoning Ordinance.
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.
Sec. 9.10. Definitions.
The following words and terms used in the overlay district have the following meanings, unless
the context clearly indicates otherwise. Words and terms not defined in this article but defined in the
zoning ordinance shall be given the meanings set forth therein.
Base flood/one hundred-year flood means a flood that, on the average, is likely to occur once
every 100 years (i.e., that has a one percent chance of occurring each year, although the flood may occur
in any year).
Board of zoning appeals means the board of zoning appeals for King George County.
Coastal high-hazard area means the area subject to high velocity waters, including, but not
limited to, hurricane wave wash. The area is designated on a FIRM as zone VI-30, VE, or V (V-zones).
Development means any manmade 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.
Existing manufactured home park/subdivision means a manufactured home park or subdivision
for which the construction of facilities for servicing the lots on which the manufactured homes are to be
affixed is completed before the December 15, 1990.
Expansion to an existing manufactured home park or subdivision means the preparation of
additional sites by the construction of facilities for servicing the lots on which the manufactured homes
are to be affixed.
Flood means a general and temporary inundation of normally dry land areas.
Flood-prone area means any land area susceptible to being inundated by water from any source.
Floodplain means (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 or runoff of surface water from any source; (c) includes areas designated as "A" and "AE"
on the community floodplain maps.
Floodway means the designated area of the floodplain required to carry and discharge flood
waters of a given magnitude. For the purposes of this article, the floodway shall be capable of
accommodating a flood of the 100-year magnitude.
Functionally dependent use means a use which cannot perform its intended purpose unless it is
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located or carried out in close proximity to water. The term includes only docking facilities, port
facilities that are necessary for the loading and unloading of cargo or passengers and ship building and
ship repair facilities, but does not include long-term storage or related manufacturing facilities.
Historic structure means any structure that is:
(a) Listed individually in the National Register of Historic Places 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 significance of a registered historic district or a district preliminarily
determined by the Secretary to qualify as a registered historic district; or
(c) Individually listed on the state inventory of historic places.
Lowest floor means the lowest floor of the lowest enclosed area, including basement. An
unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage
in an area other than a basement area is not considered a building's lowest floor; Provided, that such
enclosure is not built so as to render the structure in violation of the applicable non-elevation design
requirements of this ordinance.
Mangrove stand means an assemblage of mangrove trees; mostly low tress noted for a copious
development of interlacing adventitious roots above the ground; which contain one or more of the
following species: black mangrove (Avicenna nitida); red mangrove (Rhizophora mangle); white
mangrove (Languncularia racemosa); and buttonwood (Conocarpus erecta).
Manufactured home means a structure, transportable in one or more sections, which is built on a
permanent chassis and is designed for use with or without a permanent foundation when attached to the
required utilities. The term "manufactured home" does not include recreational vehicle.
Manufactured home park/subdivision means a parcel or contiguous parcels of land divided into
two or more lots for rent or sale.
New construction means, for the purpose of determining insurance rates, structures for which the
"start of construction" commenced on after the effective date of the initial FIRM or after December 31,
1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain
management purposes, "new construction" means structures for which the "start of construction"
commenced on or after December 15, 1990 and includes any subsequent improvements to such
structures.
Recreational vehicle means 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 vehicle; and (d) designed primarily not for use as a permanent
dwelling but as temporary living quarters for recreational camping, travel, or seasonal use.
Start of construction means the date the building permit was issued, provided the actual start of
construction, repair, reconstructions, rehabilitation, addition, placement, or other improvement was
within 180 days of the permit date. The actual start means either the first placement of permanent
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construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the
construction of columns, or any work beyond the state 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 on any wall, ceiling, floor, or other structural part of a
building, whether or not the alteration affects the external dimensions of the building.
Substantial damage means 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 means any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds 50 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 official 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".
Sec. 9.11. District regulations.
A. All uses, activities, and development occurring within the floodplain area shall be
undertaken only upon the issuance of a permit. Such development shall be undertaken only in strict
compliance with the provisions of this article and with all other applicable codes and ordinances, such as
the Virginia Uniform Statewide Building Code. Prior to the issuance of any such permit, the code
compliance 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. 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. Army Corps of Engineers,
the Virginia Marine Resources Commission, and the Virginia State Water Control Board. Further
notification of the proposal shall be given to all adjacent jurisdictions, the division of soil and water
conservation, and the Federal Insurance Administration.
C. All applications for development in the floodplain areas and all building permits issued
for the floodplain shall incorporate the following information:
1. For structures to be elevated, the elevation of the lowest floor, including basement.
2. For structures to be floodproofed, nonresidential only, the elevation to which the structure
will be floodproofed.
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3. The elevation of the 100-year flood.
4. Topographic information showing existing and proposed ground elevations.
D. No new construction or development shall be permitted within the "AE" floodplain area
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 100-year flood more
than one foot at any point.
E. Within any floodway area, no encroachments, including fill, new construction, substantial
improvements, or 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 100-year flood elevation.
Within the approximated floodplain district (A zone), the 100-year flood elevations and
floodway information from federal, state, and other acceptable sources shall be used, when available.
When such other acceptable information is not available, the elevation shall be determined by using the
elevation of a point on the boundary of the identified floodplain area which is nearest the construction
site. All new subdivision proposals and other proposed developments, including proposals for
manufactured home parks and subdivisions, greater than 50 lots or five acres, whichever is the lesser,
shall include within such proposals base flood elevation data.
F. All manufactured homes (mobile homes) to be placed or substantially improved on sites:
1) Outside of a manufactured home park or subdivision,
2) In a new manufactured home park or subdivision,
3) In an expansion to an existing manufactured home park or subdivision, or
4) In an existing manufactured home park or subdivision on which a manufactured home
has incurred "substantial damage"; as the result of a flood.
Manufactured homes shall be elevated on a permanent foundation such that the lowest floor of
the manufactured home is elevated to or above the base flood elevation and is securely anchored to an
adequately anchored foundation system to resist floatation, collapse, and lateral movement.
G. Manufactured homes to be placed or substantially improved on sites in an existing
manufactured home park or subdivision that are not subject to the provisions of subsection F above of
this section shall be elevated so that either:
1) The lowest floor of the manufactured home is at or above the base flood elevation, or
2) The manufactured home chassis is supported by reinforced piers or other foundation
elements of a 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.
H. Recreational vehicles shall either (i) be on the site for fewer than 180 consecutive days,
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and (ii) be fully licensed and ready for highway use, or (iii) meet the permit requirements for placement
and the elevation and anchoring requirements for manufactured homes in subsection 9.11.F above. A
recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the
site only by quick disconnect typed utilities and security devices, and has no permanently attached
additions.
Sec. 9.12. Coastal high-hazard areas.
These areas have special flood hazards associated with wave wash; therefore, the following
additional provisions shall apply.
A. All new construction shall be located landward of the reach of mean high tide.
B. There shall be no fill used as structural support.
C. There shall be no alteration of sand dunes or mangrove stands which would increase
potential flood damage.
D. Within V-zones on the flood insurance rate maps, obtain the elevation (in relation to
mean sea level) of the bottom of the lowest horizontal structural member of the lowest floor (excluding
pilings and columns) of all new and substantially improved structures, and whether or not such
structures contain a basement.
E. All new construction and substantial improvements elevated on pilings and columns must
have the bottom of the lowest horizontal structural member of the lowest floor (excluding pilings and
columns) elevated to or above the base flood level and the pile or column foundation and structure
attached thereto must be anchored to resist floatation, collapse and lateral movement due to the effects
of wind and water loads acting simultaneously on all building components. Water loading values used
shall be those associated with the base flood. Wind loading values used shall be those required by
applicable state or local building standards. A registered professional engineer or architect shall develop
or review the structural design and methods of construction and shall certify that design and methods of
construction to be used are in accordance with accepted standards.
F. Provide that all new construction and substantial improvements, within zones V 1-30 and
V on the community's FIRM, have the space below the lowest floor either free of obstruction or
constructed with non-supporting breakaway walls, open wood lattice-work, or insect screening intended
to collapse under wind and water loads without causing collapse, displacement, or other structural
damage to the elevated portion of the building or supporting foundation system. For the purpose of this
section, a breakaway wall shall have a design safe loading resistance of not less than ten and no more
than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance
of 20 pounds per square foot, either by design or when so required by local or state codes, may be
permitted only if a registered professional engineer or architect certifies that the designs proposed meet
the following conditions:
1) Breakaway wall collapse shall result from a water load less than that which would occur
during the base flood; and,
2) The elevated portion of the building and supporting foundation system shall not be
subject to collapse, displacement, or other structural damage due to the effects of wind
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and water loads acting simultaneously on all building components, structural and non-
structural. Water loading values used shall be those associated with the base flood. Wind
loading values used shall be those required by applicable state or local building standards.
Such enclosed space shall be usable solely for parking of vehicles, building access or
storage.
G. Require that manufactured homes placed or substantially improved within zones V and
VE on the community's flood insurance rate maps on site (i) outside of a manufactured home park on
subdivision, (ii) in a new manufactured home park or subdivisions, (iii) in an expansion to an existing
manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision
on which a manufactured homes has incurred "substantial damage", as the result of a flood, meet the
standards of subsections A through F of section 9.12 and that manufactured homes placed on
substantially improved or other sites in an existing manufactured home park or subdivision within "V"
zones on the community's flood insurance rate map meets the requirements of subsection 9.11.G of this
ordinance.
H. Require that recreational vehicles placed on sites within V zones on the community's
flood insurance rate map either (i) be on the site for fewer than 180 consecutive days, (ii) be fully
licensed and ready for highway use, or (iii) meet the requirements in subsections A through F of section
9.12. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached
to the site only by quick disconnect type utilities and security devices, and has no permanently attached
additions.
Sec. 9.13. 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 ensure drainage away from
buildings and on site waste disposal systems. 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 should be located, elevated where possible, and constructed to minimize the chance of
impairment during a flooding occurrence.
E. Streets and sidewalks. Streets and sidewalks should 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.
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Sec. 9.14. Variances: facts to be considered.
In passing upon applications for variances, the board of zoning appeals shall satisfy all relevant
factors and procedures specified in section 5.6 of the King George County Zoning Ordinance and
consider the following additional factors:
A. The danger that materials may be swept on to other lands or downstream to the injury of
others.
B. The proposed water supply and sanitation systems and the ability of these systems to
prevent disease, contamination, and unsanitary conditions.
C. The susceptibility of the proposed facility and its contents to flood damage and the effect
of such damage on the individual owners.
D. The importance of the services provided by the proposed facility to the community.
E. The requirements of the facility for a waterfront location.
F. The availability of alternative locations not subject to flooding for the proposed use.
G. The compatibility of the proposed use with existing development and development
anticipated in the foreseeable future.
H. The relationship of the proposed use to the comprehensive plan and floodplain
management program for the area.
I. The safety of access by ordinary and emergency vehicles to the property in time of flood.
J. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood
waters expected at the site.
K. The repair or rehabilitation of historic structures upon a determination that the proposed
repair or rehabilitation will not preclude the structure's continued designation as a historic
structure and the variance is the minimum necessary to preserve the historic character and
design of the structure.
L. No variance shall be granted for any proposed use, development, or activity within any
floodway area that will cause any increase in the 100-year flood elevation.
M. 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 agency for technical
assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy
of the plans for flood protection and other related matters.
Variances shall be issued only after the board of zoning appeals has determined that the granting
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of such will not result in (a) unacceptable or prohibited increases 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 the 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 100-year flood elevation (a) increase the risks of 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.
Sec. 9.15. Existing structures in floodplain areas.
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 continued 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 area to an extent or amount of less than 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 area to an extent or amount
of 50 percent or more of its market value shall be undertaken only in full compliance with
this article and the provisions of the Virginia Uniform Statewide Building Code.
ARTICLE 10.
HIGHWAY CORRIDOR OVERLAY DISTRICT
Sec. 10.1. Title.
This ordinance shall be known and referenced as the "Highway Corridor Overlay District"
(HCOD) of King George County.
Sec. 10.2. Purpose.
The purpose of this section is to maintain the long-term safety and mobility function of Route 3
and Route 301; to limit the number of conflict points and thereby, reduce the need for additional
crossover locations and traffic signals; to promote improved pedestrian and vehicular circulation; to
encourage land assembly and the most desirable use of land in accordance with the King George County
Comprehensive Plan; to encourage designs which produce a desirable relationship between individual
buildings, the circulation systems and adjacent areas; to control signage, visibility obstructions and
clutter and to permit a flexible response of development to market factors as well as to provide
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incentives for development of a variety of land uses and activities of high quality.
Sec. 10.3. Areas of applicability.
(a) The HCOD shall be overlays to the existing underlying districts as shown on the official
zoning ordinance map, and as such, the provisions (development standards, access and internal
circulation standards, and sign design standards) of the HCOD shall serve as a supplement to the
underlying district provisions. The uses permitted in the HCOD, whether by right or by a special
exception permit, shall be as permitted in the applicable underlying district. Where there is any conflict
between the provisions or requirements of any of the HCOD and those of any underlying district, the
more restrictive provisions shall apply.
(b) The HCOD boundaries shall be established on the official zoning map and are hereby
established along the HCOD roadways identified herein and the development standards within this
Article shall apply to all property with frontage along the HCOD roadways. Within the HCOD, where
the term "HCOD roadway" is used, it shall mean the following routes:
1. U.S. Route 301.
2. Route 3.
(c) The development standards set out herein shall apply to all property within the HCOD,
except for the following:
1. Property that has been developed prior to the effective date of the adoption of the HCOD,
June 28, 2001, shall be considered to be legal conforming uses and shall not be required
to conform to the development standards (section 10.4, Development standards) set out
herein, unless there is an expansion of floor area in excess of a cumulative total of 50
percent or ten thousand square feet which ever is less. However, landscaping standards
shall only apply to that portion of the site where the new development abuts an HCOD
roadway. Property shall be considered developed only if a final site plan in accordance
with article 7, King George County Zoning Ordinance, has been submitted to the county
for review, a subdivision plat in accordance with the King George County Subdivision
Ordinance, has been submitted to the county for review, a building permit has been
issued by King George County and/or a final occupancy permit has been issued by King
George County.
2. Residential uses and farm related uses located on individual parcels that are not part of a
subdivision, commercial or industrial development, permitted after the effective date of
this ordinance, shall only be required to comply with the access and internal circulation
(section 10.5) and minimum setback requirements (section 10.4.1) of the HCOD.
(d) Exceptions for additional development requirements. Exceptions to the development,
access, and sign standards specified in article 10, Highway corridor overlay district, King George
County Zoning Ordinance, may be granted by the planning commission in accordance with the
procedures set out in this ordinance. Applications shall be made in writing to the zoning administrator
and shall be accompanied by a site plan of the proposed development. An exception may be granted if
the commission makes the following findings:
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1. That the exception is reasonably necessary due to the physical constraints of the site, such
as size, shape, topography, soils, or arrangement of existing improvements, that prevent
construction in accordance with applicable standards without compromising the intent of
this ordinance, and that the exception is the minimum departure from applicable
standards necessary to provide relief;
2. That an exception would not unreasonably lower the level of service of the affected
roads;
3. That the design and location of proposed on-site improvements are compatible with
existing developed sites contiguous with and near to the site of the proposed
development;
4. That the granting of the exception will not substantially affect adversely the use of
adjacent and neighboring property;
5. That the granting of the exception will avoid the unnecessary replacement of existing
landscaping and other improvements on site, if applicable, and will not result in unsafe
circulation patterns on the site; and
6. That the granting of the exception will not endanger the public safety, or in any other
respect impair the health, safety, comfort, and welfare of the inhabitants of the county.
(e) Conflicting requirements. Where the provisions of this article conflict with the
requirements of the underlying zoning district, the more stringent standards shall apply.
Sec. 10.4. Development standards.
In addition to the existing development standards specified in the zoning ordinance, the
following additional development standards specified in the zoning ordinance, the following additional
standards shall apply in all underlying zoning districts with the HCOD.
10.4.1. Setbacks. The front setback for all structures within the HCOD shall be as follows:
Zoning District Setback
A-1 Limited Agricultural 50 Feet
District
A-2 Rural Agricultural 50 Feet
District
A-3 General Agricultural 50 Feet
District
R-1 One-Family Dwelling 50 Feet
District
R-2 General Dwelling 50 Feet
District
R-3 Multifamily Dwelling 50 Feet
District
C-1 Retail Commercial 50 Feet
District
C-2 General Trade District 50 Feet
I-1 Industrial Light 50 Feet
I Industrial District 50 Feet
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R-C Resort Community 50 Feet
District
10.4.2 Fencing. With the exception of ornamental fencing, fences erected after the effective date
of this ordinance on sites located along HCOD designated roads shall be located in the side or rear yard
only. However, ornamental fencing may be erected inside the front yard.
10.4.3 Landscaping. Street landscaping shall be required along any property line that abuts the
right-of-way of any HCOD roadway. A landscaping strip 25 feet in depth shall be located adjacent to the
abutting right-of-way. One tree shall be planted for each 40 linear feet of the landscaping strip; however,
this shall not be construed as requiring the planting of trees of trees on 40-foot centers. A minimum of
three shrubs with a maximum height of two and one-half feet shall be randomly planted between each
tree. The first 25 feet on both sides of any accessory driveway pavement is excluded from this
requirement. Where street landscaping required by this section conflicts with street planting
requirements of the Virginia Department of Transportation (VDOT), the regulations of VDOT shall
govern. Landscaping material and planting shall conform to the standards of article 7, section 7.12.j.
Planting specifications, King George County Zoning Ordinance.
10.4.4 Lighting. All Exterior lights, including canopy lights, shall be arranged and installed so
that the direct or reflected illumination does not exceed one-half foot-candle above background
measured at the lot line of any adjoining residential or agricultural parcel or public right-of-way.
Lighting standards shall be of a directional type capable of shielding the light source from direct view.
10.4.5 Loading spaces. On sites along HCOD roads, loading spaces shall be located only within
side or rear yards and shall be out of view of the HCOD roadway. Loading spaces shall not be in conflict
with parking spaces or travel ways.
10.4.6 Outside storage areas. All outdoor storage areas shall be visually screened from public
streets, internal roadways and adjacent property. Screening shall consist of a solid board fence, masonry
wall, or dense evergreen plant materials in accordance with the standards of article 7, section 7.12.j.,
Planting specifications, King George County Zoning Ordinance. All such screening shall be of sufficient
height to screen storage areas from view. Outdoor storage shall include the parking of all company-
owned and operated vehicles, with the exception of passenger vehicles.
10.4.7 Parking areas. Where required parking areas are located to the rear or the side of the main
building or development area, the required front setback may be reduced to 30 feet.
10.4.8 Preservation of existing trees. It is the intent of this section that a proposed development
be so designed as to minimize the disturbance or destruction of any existing healthy trees on the site. To
satisfy this intent, no healthy deciduous tree with a caliper of 15 inches or greater, measured at diameter
breast height [four and one-half feet above ground level], shall be removed from the site unless such
trees are replaced. Such trees shall be shown as an existing condition and included on the landscaping
plan required at the time of site plan approval. No replacement tree shall have a caliper of less than three
inches, measured six inches from the ground, at the time of planting and the total caliper of replacement
trees shall equal or exceed the total caliper of trees 15 inches or greater removed from the site. These
replacement trees shall be in addition to landscaping required under other sections of this ordinance.
However, such trees may be removed without replacement within the area of any road, storm water
management structure, utility easement on site, or of the footprint of the building, parking lot, or
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entrance to the site, and within 20 feet of the foundation of the structure and within ten feet of the
perimeter of the driveway or parking area.
10.4.9 Stormwater detention and retention structures, and best management practices (BMP's).
When a stormwater detention, retention structures or BMP either encroaches into a required side or rear
yard setback or abuts a property line a continuous ten-foot deep landscape strip in accordance with the
HCOD Landscaping Standards, exclusive of easements shall be located adjacent to any such stormwater
detention, retention structure or BMP. Such structures shall not be located in any required landscaped
buffer areas.
10.4.10 Utility lines and structures. Utility service lines shall be located so as to minimize
disturbance of any tree of 15-inch caliper or greater on site. All junction and access boxes, when located
on sites along HCOD roads, shall be screened from view with landscaping. All utilities shall be placed
underground regardless of the underlying zoning district unless otherwise approved by King George
County. New and relocated utilities are to be placed outside of the HCOD right-of-way unless otherwise
approved by the Virginia Department of Transportation, King George County and/or the King George
County Service Authority.
Sec. 10.5. Access and internal circulation standards.
The purpose and intent of this subsection is to maximize the functional capacity and maintain the
level of service of HCOD roadways; to minimize the number of access points and other public rights-of-
way; to promote the sharing of access and the ability to travel between sites; to provide pedestrian
circulation networks among residential, commercial and recreational areas; and to enhance safety and
convenience for uses of the HCOD.
10.5.1 Access to HCOD roadways.
(a) Any parcel or assembly of parcels having frontage along a HCOD roadway shall be
permitted only one direct access to that HCOD roadway, unless an access plan is
submitted to, and approved by the planning commission for more than one access point.
However, additional access points, associated with subdivision, commercial, or industrial
development, shall also provide access to adjacent parcel for existing or future
development.
(b) Existing parcels of land shall not be denied access to a public highway if no reasonable
shared or cooperative access is possible, at the time of development.
(c) The planning commission may approve additional direct access points to HCOD
roadways if it is demonstrated that the proposed design accomplishes the purpose of the
HCOD. Access design must conform or exceed the minimum guidelines contained in the
Site Handbook, Fredericksburg District Office of the Virginia Department of
Transportation.
(d) For those parcels not permitted direct access to an HCOD roadway, indirect access may
be provided by the following methods:
i. Access to the site may be provided by an existing or planned public street;
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ii. Access to the site may be provided via the internal circulation of a subdivision,
shopping center, an office complex, or similar group of buildings having access in
accordance with an approved access plan. No additional direct access shall be
provided to the site from a public street intended to carry through traffic over and
above those entrances, which may exist to provide access to the shopping center,
office complex or similar group of buildings. Access through the side or rear
setback is encouraged, provided that the access meets VDOT's standards for
commercial entrances, is safe, internal and generally perpendicular to the setback.
iii. Access may be provided by a service drive and/or shared access that provides
controlled access to the site.
iv. Developers of all parcels or lots located at existing or proposed crossovers and/or
intersections shall submit an access plan to the county for approval that addresses
access for the surrounding area. The access plan shall demonstrate the ability to
provide adequate access to surrounding properties via cross-easement or similar
agreement(s). An access plan shall be submitted and approved prior to
preliminary plat or site plan approval. Such access plan shall be drawn to scale,
including dimensions and distances, and clearly delineate the traffic circulation
system and the pedestrian circulation system as coordinated with adjacent
properties, including the location and width of all streets, driveways, access aisles,
entrance to parking areas, walkways and bicycle paths.
v. Right-in right-out curb cuts between median cross-overs along an HCOD roadway
may be approved if a traffic analysis can appropriately show that there will be no
reduction in the level of service for the affected roadway, as determined by the
Virginia Department of Transportation.
10.5.2 Internal circulation. Sites shall be designed to achieve direct and convenient pedestrian
and vehicular circulation between adjacent properties of existing and future development, unless
otherwise approved by the county.
10.5.3. Traffic impact analysis. A traffic impact analysis shall be submitted to the county with a
request for site plan approval, per article 7, Site plan regulations, King George County Zoning
Ordinance. The traffic impact analysis shall be prepared in accordance with the applicable VDOT
standards for such an analysis.
Sec. 10.6. Sign design standards.
10.6.1 Signage plan. A unified system of signage and graphics shall be designed for each
individual development in accordance with the sign regulations of this ordinance. Signage concepts shall
be considered during the design of buildings, so that signage and graphics are architecturally
incorporated into those buildings and the site they inhabit. Size, height, location, material and color shall
relate to buildings and site design.
10.6.2 Freestanding sign design. Freestanding signs shall be encased within a structure that is
architecturally related to and compatible with the main building(s) and overall architectural design of the
development.
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10.6.3 Landscaping. Landscaping shall be integrated with each individual freestanding sign.
10.6.4 Illumination.
(a) External illumination. External lighting shall limited to light fixtures utilizing white, not
colored, lighting and shall not be blinking, fluctuating or moving. External lighting shall
be provided by concealed and/or screened spots or floods and shall be arranged and
installed so that direct or reflected illumination does not exceed one-half footcandle
above background measured at the lot line of any adjoining residential or agricultural
parcel or public right-of-way.
(b) Internal illumination. Internal lighting shall be limited to internal light contained with
translucent letters and internally illuminated sign boxes, provided the background or field
on which the copy and/or logos are placed is opaque. The area illuminated is restricted to
the sign face only. White light shall be used to illuminate any sign and the direct or
reflected illumination shall not exceed one-half footcandle above background measured
at the lot line of adjoining residential or agricultural parcel or public right-of-way.
10.6.5 Sign package. Prior to erection of any sign, with the exception of a temporary
construction sign, a comprehensive sign package shall be submitted to the county pursuant to the sign
standards and article 7, Site plan regulations of this ordinance. The plan shall show the size and location
of the sign and the property identification. In the case of projecting signs and outdoor advertising
structures, completed specifications and methods of anchoring and support shall be required. The sign
package shall provide detailed renderings to include colors, sizes, lighting, location, etc., for all signs
within any development.
ARTICLE 11.
RESIDENTIAL CLUSTER PROVISIONS
Sec. 11.1. Purpose.
The purposes of this article are:
a. To encourage the protection and preservation of open space and agricultural lands in the
county;
b. To encourage development in a manner which lessens the cost of infrastructure;
c. To provide incentives for clustering residential development in the most appropriate
locations;
d. To encourage more efficient and aesthetic use of open space;
e. To encourage the reservation of open space for scenic and recreational uses;
f. To create and encourage the use of a variety of development choices to satisfy the
changing needs of the county;
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g. To offer flexibility to the developer in his approach and solution to land development
problems.
Sec. 11.2. Applicability.
This article shall apply to cluster developments, which are areas of residential development
under unified ownership or control and which are to be developed and improved as a whole under a
comprehensive cluster development plan. The provisions of this article will allow residential dwellings
to be developed in clusters, subject to the provisions of section 11.5, King George County Zoning
Ordinance, as amended. Density and dimensional requirements, with less than the minimum lot area and
setbacks required by this Ordinance for conventional subdivisions, but without any increase in the total
allowable density as specified by this chapter.
Sec. 11.3. Where cluster developments are permitted.
Cluster development as allowed by the provisions of this article shall be permitted only in the
rural agricultural (A-2), general agricultural (A-3), one-family dwelling (R-1), general dwelling (R-2)
and multi-family dwelling (R-3) zoning districts. All cluster developments shall provide open space in
accordance with Table 11.6.A and the open space shall be designed and used in accordance with the
standards for open space provided in section 5.2, Open space regulations, King George County
Subdivision Ordinance.
Sec. 11.4. Relationship with other applicable regulations.
A cluster development shall be subject to all of the applicable standards of this ordinance, and all
other requirements of King George County, unless specifically modified or excepted by the provisions
of this article.
Sec. 11.5. Density and dimensional requirements.
The dimensional requirements set forth in Cluster Option Table 11.6.A, shall supersede those
stipulated for other development types, except that:
a. The allocated densities for each respective land use district shall not be exceeded. The
maximum net density and net buildable area for a cluster development shall be calculated
as follows:
1. Net buildable area is equal to the gross area of the property divided by minimum
lot size based on the zoning district in which the project is located.
2. The requirements for comer visibility, as set forth in this ordinance are not
waived.
b. The yard dimensional requirement and the setback requirement for any building on a
cluster lot which abuts a lot located outside the cluster development, shall be not less than
the greater of such requirements.
Sec. 11.6. Permitted uses.
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The permitted uses for cluster developments shall conform to the respective permitted uses for
the district in which the development is located.
Cluster Option Table 11.6.A:
Zoning District Allocated Min. OSR Minimum Area Minimum Minimum Front Minimum Side Minimum Rear
Density Cluster Lot Width (In feet) Yard (in feet) Yard (in feet) yard (in feet)
A-2* 1.0 du./2.0ac 55% 40,000 sq.ft. 110 30 10 30
A-3* 1.0 du./1.0ac. 55% 20,000 sq.ft. 100 30 10 30
R-1/R-2:
S-F Duplex 2.9 du./1.0 ac. 45% 8,000 sq.ft. 60 50 15 10 85 20 20
With public 2.9 du./1.0 ac. 4,000 sq.ft.
water/sewer
S-F Duplex 1.7 du./1.0 ac. 45% 12,000 sq.ft. 60 50 15 15 85 20 20
With either 1.7 du./1.0 ac. 8,000 sq.ft.
public
water/sewer
R-3:
S-F Duplex 2.9 du./1.0 ac. 45% 6,500 sq.ft. 60 50 18 15 15 10 6 5 end unit 10 20 20 20
Townhouse 2.9 du./1.0 ac. 4,000 sq.ft.
public water 8.0 du./1.0 ac. 1,200 sq.ft.
and sewer
required
OSR = open space ratio.
S-F = single-family dwelling unit.
du = dwelling unit.
ac = acre.
* Cluster development located in either the A-2 or A-3 zoning districts may be served by either
private and/or public water or sewer or a combination of both.
ARTICLE 12.
SEXUALLY ORIENTED BUSINESSES
Sec. 12.1. Title.
This article shall be known as the "Sexually Oriented Business Ordinance of King George
County."
(Ord. of 2-20-2007)
Sec. 12.2. Purpose.
The purpose of this article is to regulate all Sexually Oriented Businesses in King George
County.
(Ord. of 2-20-2007)
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Sec. 12.3. Definitions.
The following words, terms and phrases, when used in title, shall have the following meaning:
Direct line of sight means the ability to directly view an area without the benefit or assistance of
a mirror, video camera or similar aid.
Escort means a person who, for consideration, agrees or offers to act as a companion, guide, or
date for another person, or who agrees or offers to privately model lingerie or to privately perform a
striptease for another person.
Escort agency or service means a person or business association who furnishes, offers to furnish,
or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other
consideration.
Live exhibition or performance means modeling, dancing or any similar activity which involves
a person physically performing for the benefit of one or more other persons.
Nude means any state of dress less than seminude.
Obscene shall mean that which, considered as a whole, has as its dominant theme or purpose an
appeal to the prurient interest in sex, that is, a shameful or morbid interest in nudity, sexual conduct,
sexual excitement, excretory functions or products thereof or sadomasochistic abuse, and which goes
substantially beyond customary limits of candor in description or representation of such matters and
which, taken as a whole, does not have serious literary, artistic, political or scientific value; and
specifically, any graphic, visual depiction, in any media or form of the human sex act or human sexual
activity, including masturbation. (Code of Virginia, § 18.2-374)
Seminude means any state of dress with less than completely and opaquely covered pubic region,
buttocks male and/or female; or the male reproductive organ at anytime in an aroused, erect or turgid
state, whether covered or not; or female breasts below a point immediately above the top of the areola,
excepting any portion of the cleavage of the female breast exhibited by a dress, shirt, leotard, bathing
suit or other wearing apparel provided the areola are not exposed, but under no circumstances less than
completely covered genitals, anus, or areola of the female breast.
Sexual implements means any device used to imitate in appearance or function as human genitals
or pubic regions, or any device designed to be inserted in or attached to specified anatomical areas as
defined herein for the purposes of enhancing a sexual act.
Sexually oriented means regularly emphasizing, through performance, displays, merchandise or
otherwise, an interest in matter relating to specified sexual activities or specified anatomical areas as
defined herein or is intended for the sexual stimulation or titillation of patrons; or which appeal to the
prurient interests.
Sexually oriented business means any business providing sexually oriented merchandise or
entertainment or any other establishment, including but not limited to: any sexually oriented modeling
studio; sexually oriented cocktail lounge or sexually oriented nightclub; sexually oriented entertainment
establishment which features, on a regular basis, live performances involving persons who are nude or
seminude, including a strip lounge, adult club, lounge, restaurant, or similar place which features topless
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dancers, go-go dancers, exotic dancers, strippers or similar entertainers exhibiting specified anatomical
areas or performing specified sexual activities as defined herein; sexually oriented motion picture theater
where, for any form of consideration, films (which term shall also include videotapes and other
comparable technology) containing specified sexual activities or specified anatomical areas (sexually
oriented films); movie arcade to which the public is admitted and in which a moving picture, film or
videotape viewing device is operated; massage parlor where manipulation of body tissues for any
purpose is conducted and the owners and employees are not a physician, chiropractor, osteopath,
naturopath or physical therapist duly licensed by the commonwealth, nor a massage therapist certified
by the state board of nursing; and/or any sexually oriented bookstore/video store which offers for sale,
rental or viewing for any form of consideration any one or more of the following: books, magazines,
periodicals or other printed matter, or photographs, films, motion pictures, videocassettes or video
reproductions, slides, CD's, DVD's, virtual reality or other visual representations which depict or
describe specified sexual activities or specified anatomical areas; or instruments, devices, or
paraphernalia which are designed for use in connection with specified sexual activities.
Sexually oriented merchandise means magazines, books, other periodicals, videotapes, films,
motion pictures, photographs, slides, CD-ROMs, DVD-ROMs, virtual reality devices, or other similar
media that are characterized by their emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas as defined herein; instruments, devices or paraphernalia
either designed as representations of human genital organs or female breasts, or designed or marketed
primarily for use to stimulate human genital organs; or, lingerie or leather goods marketed or presented
in a context to suggest their use for sadomasochistic practices.
Specified anatomical areas means such areas include less than completely and opaquely covered
human genitals, pubic region, buttocks, female breast below a point immediately above the top of the
areola, and human male genitals in a discernible turgid state, even if completely and opaquely covered.
Specified sexual activities means such activities include human genitals in a state of sexual
stimulation or arousal, acts of human masturbation, sexual intercourse or sodomy, and fondling or other
erotic touching of human genitals, pubic region, buttocks or female breasts.
Viewing area means any location within a sexually oriented motion picture theatre or arcade
where a patron, customer, or employee of the movie arcade or any other person would ordinarily be
positioned while watching a moving picture, film or videotape viewing device in operation.
(Ord. of 2-20-2007)
Sec. 12.4. Permitted uses.
The following may be permitted by special exception permit within the Industrial Zoning
Districts, (I), only and then only if approved by the board of supervisors in accordance with the
procedures, guidelines, and standards of section 5.4, of the King George County Zoning Ordinance, as
amended from time-to-time:
All sexually oriented businesses shall comply with the following standards:
A. No such regulated use shall be permitted:
1. Within 1,000 feet of any other existing adult entertainment establishment; or,
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2. Within 2,000 feet of any existing residential use or residentially zoned district, or
any of the following residentially related uses:
a. Churches, chapels, or synagogues or other places of religious worship;
b. Schools and their adjunct play areas and school board property;
c. Playgrounds, swimming pools, parks and libraries;
d. Daycare facilities;
e. Nursing homes; and/or
f. Hotels, motels, inns and lodging houses.
B. Spacing distances. For the purpose of subsection A, spacing distances shall be measured,
as follows:
1. From all property lines of any "regulated use".
2. From the outward line or boundary of any residentially zoned district.
3. From all property lines of any residential or residentially related use.
[C.] Exhibition of films. It shall be unlawful for any person to own, operate, or cause to be
operated a sexually oriented business that shows films or visible depictions of sexually
oriented materials, unless all viewing areas within such movie arcade are visible from a
continuous main aisle or other point of observation ordinarily accessible to the public and
are not obscured by any curtain, door, wall, or other enclosure.
Obstruction of viewing area. No viewing area on the premises of a sexually oriented
business shall be obstructed from the remainder of the establishment's interior by
curtains, doors, walls, display racks or any other permanent or temporary enclosure.
Employee required to be on premises. At least one employee, in addition to any persons
providing live exhibitions or performances, must be on duty on the premises of an
sexually oriented business at all times that any patron, customer or member of the
audience is inside the business, and such employee must have a direct line of sight of any
viewing area during any live exhibition or performance.
Prohibited nudity. Any person appearing on the premises of a sexually oriented business
who is nude or seminude must be at least five feet from the nearest patron and must be on
a stage which is at least 24 inches above the floor.
[D] Signs and other visible messages. All regulated uses shall be permitted one attached sign
not exceeding eight square feet and shall be no more than four feet in height as measured
from ground level. All such signs shall be of a monument style having a base equal to the
width of the sign, and shall comply with the following standards:
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1. Signs:
a. Sign messages shall be limited to verbal description of material or services
available on the premises.
b. Sign messages may not include any graphic or pictorial depiction of
material or services available on the premises.
c. Sign shall meet all applicable setback requirements of the underlying
zoning district.
d. Building-mounted signs, to include any sign to be mounted to the building
wall or roof, are prohibited.
1. Other visible messages. Messages which are visible or intended to
be visible from outside the property (such as on or within doors or
windows) shall not display materials, items, publications, pictures,
films, or printed material available on the premises; or pictures,
films, or live presentations of persons performing or services
offered on the premises.
[E] Hours of operation.
1. No sexually oriented business shall be open more than 72 hours in any week (a
week being consecutive days from Sunday to Saturday).
2. No sexually oriented business shall be more than 12 hours within any 24-hour
period.
3. No sexually oriented business shall open prior to 9:00 a.m.
4. No sexually oriented business shall be open later than 11:00 p.m.
[F] Discontinuance of operation. Should any of the regulated uses listed above cease or
discontinue operation for a period of 90 or more consecutive days, it may not resume, nor
be replaced by any other regulated use until it complies with the requirements set forth
herein (Article 12, Sexually Oriented Business, King George County Zoning Ordinance).
(Ord. of 2-20-2007)
Sec. 12.5. Violations.10
1. Findings by the zoning administrator. A finding by the zoning administrator of a
violation of any of the provision of this title shall be presumed to be correct unless the subject owner or
operator rebuts the presumption by clear and convincing evidence.
2. Obscene materials and depictions. The distribution of any obscenity as defined above is
10
Legal Analysis: Zoning Ord. § 12.5. Violations. Standardized state law references.
Page 153 of 153
prohibited as a Class 1 misdemeanor. (Code of Virginia, §§ 18.2-372 through 18.2-388 18.2-372--18.2-
388)
3. Punishment for violations of this section.
A. A violation of any provision of this section shall constitute a class 1 misdemeanor,
pursuant to Code of Virginia, § 18.2-11, as amended from time-to-time.
B. Responsibility of owner, manager or person in control. The owner, manager or person in
control of the premises of a sexually oriented business who knows or reasonably should
know that a violation of this section is occurring on the premises are in violation of this
section, shall also be guilty of a Class 1 misdemeanor.
(Ord. of 2-20-2007)
