(a)

Purpose of districts. Overlay districts, as presented in this article or elsewhere in this Code, are created for the purpose of imposing special regulations in given designated areas of the county to accomplish stated purposes that are set forth for each overlay district. Overlay districts shall be in addition to, and shall overlap or overlay, all other zoning districts so that any parcel of land laying in an overlay district shall also lie in one or more of the zoning districts provided by this chapter. All regulations of the underlying zoning districts shall be applicable except as modified by the regulations imposed by the overlay district.

(b)

Establishment and mapping of overlay districts. Overlay districts shall be established as set forth in this chapter for the creation of zoning districts and in accordance with the provisions of the Code of Virginia. The boundaries of overlay districts shall be shown on the official zoning map as provided in this chapter.

(c)

Interpretation of district boundaries. Except as otherwise provided herein, initial interpretation of the boundaries of an overlay district shall be made by the zoning administrator. If a dispute arises concerning the boundaries of any of the districts, the person questioning or contesting the location of the district boundary shall file an appeal to the board of zoning appeals.

(d)

District boundary changes. Except as otherwise provided herein, the delineation of any of the overlay districts may be revised by the board of supervisors where alterations have occurred that warrant change or when detailed studies are conducted or undertaken by a qualified agency providing evidence for such change. District boundary changes shall constitute an amendment to the zoning regulations and maps and shall follow the same procedures as an amendment to the zoning regulations as outlined in this chapter.

(Amdmt. No. O-11-4, 10-4-11)

(a)

Purpose of Kim-Stan Landfill Overlay District. The Kim-Stan Landfill Overlay District ("KSLOD") is established as a special overlay zoning district to provide for the implementation of institutional controls selected by the United States Environmental Protection Agency ("EPA") in a Record of Decision dated September 27, 2001, in connection with the Kim-Stan Landfill Superfund Site. This district is intended to promote the health, safety, and general welfare of the public by protecting the integrity of the remedial action components installed by EPA and prohibiting the use of groundwater in certain areas for drinking, bathing, or cooking. This landfill overlay district shall be in addition to and shall overlap or overlay all other zoning districts and these regulations shall apply to this district except as directed by this article.

(b)

KSLOD boundaries. The KSLOD shall consist of the following areas:

(1)

Kim-Stan Landfill Protection Zone:

Beginning at an iron pin set in the northwest corner of the Kim-Stan Landfill, which is on the southerly right-of-way of Selma-Low Moor Road, thence with said right-of-way the following nine calls: south 77°14′28″ east 21.40 feet to an iron pin set; south 74°32′18″ east 105.92 feet to an iron pin set; south 77°31′53″ east 102.28 feet to an iron pin set; north 87°18′57″ east 102.91 feet to an iron pin set; south 89°44′13″ east 375.73 feet to an iron pen set; north 84°26′42″ east 197.63 feet to an iron pin set; with a curve to the left having a delta of 3°58′18″, a radius of 1,559.67 feet, a length of 108.08 feet, a chord distance of 108.05 feet, and a chord bearing of north 85°21′37″ east to an iron pin set; thence leaving said right-of-way south 57°44′06″ east 225.61 feet to an iron pin found; thence south 34°41′17″ west 171.40 feet to an iron pin found; thence south 12°06′22″ east 231.64 feet to an iron pin set; thence north 73°59′09″ east 202.18 feet to a mag nail set in pavement; thence south 11°19′20″ west 382.13 feet to an iron pin set, passing a mag nail set in pavement at 96.90 feet; thence south 00°40′37″ east 278.88 feet to a U.S. Forest Service monument found; thence north 76°06′29″ west 1,689.16 feet to an iron pin found; thence north 12°52′26″ east 767.41 feet to the point of beginning, containing 30.424 acres.

(2)

Kim-Stan Buffer Zone:

All land extending 200 feet from the outer edge of all sides of the Kim-Stan Landfill Protection Zone.

(3)

Additional groundwater protection zone:

All land between the northern edge of the Kim-Stan Landfill Buffer Zone and the southern bank of the Jackson River. Initial interpretation of, as well as revisions to, the boundaries of the KSLOD shall be made by EPA.

(c)

KSLOD use restrictions. Any use or development within the KSLOD shall comply with the following requirements:

(1)

No excavation shall be permitted within the Kim-Stan Landfill Protection Zone without advance approval from EPA.

(2)

No use which may adversely impact the operation of the remedial action installed by EPA in the Kim-Stan Landfill Protection Zone (including, but not limited to, the landfill cap and the subsurface leachate collection system) is permitted except as approved by EPA.

(3)

No groundwater shall be extracted in the Kim-Stan Landfill Protection Zone, Kim-Stan Landfill Buffer Zone, or additional groundwater protection zone for drinking, bathing, or cooking except as approved by EPA.

(4)

Utilities. All development or redevelopment within the KSLOD shall be served by an approved public water system.

(d)

The KSLOD established hereby shall not be changed without prior notice to the EPA Region 3 regional administrator.

(Amdmt. No. O-11-4, 10-4-11)

(Amdmt. No. O-11-4, 10-4-11)

Editor's note— This section is reserved for future use.