James City County Unincorporated
City Zoning Code

For the purposes of this chapter, the unincorporated areas of James City County, Virginia, are hereby divided into the following districts, as shown on the zoning map:

General Agricultural, A-1

Limited Residential, R-1

General Residential, R-2

Residential Planned Community, R-4

Multifamily Residential, R-5

Low-Density Residential, R-6

Rural Residential, R-8

Mixed Use, MU

Residential Planned Unit Development, PUD-R

Commercial Planned Unit Development, PUD-C

General Business, B-1

Limited Business, LB

Limited Business/Industrial, M-1

General Industrial, M-2

Limited Industrial, M-3

(Ord. No. 31A-88, § 20-25, 4-8-85; Ord. No. 31A-110, 9-12-88; Ord. No. 31A-122, 6-18-90; Ord. No. 31A-145, 7-6-92)

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

(1)

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

(2)

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

(3)

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

(Ord. No. 31A-88, § 20-26, 4-8-85)

Two or more principal residential uses may be located on a single lot; provided, however, that yard, area and other dimensional requirements of the zoning district in which the lot is located shall apply to each principal residential use as if the lot were subdivided to accommodate the principal residential uses on individual lots. The placement of two or more principal residential uses on a single lot shall be situated so as to permit the future subdivision of the lot in accordance with the zoning district in which the lot is located and the county's subdivision ordinance.

(Ord. No. 31A-88, § 20-27.6, 4-8-85)

(a)

Except where a public utility requires a special use permit, public utilities shall be allowed as a permitted use in each zoning district. Public utilities include poles, power lines, distribution transformers or substations, pipes, meters, telephone exchanges and other facilities necessary for the provision and maintenance of utilities, including water and sewer facilities, water storage facilities, pumping or regulator stations.

(b)

The height of public water storage facilities may exceed the height limits specified by a zoning district upon the issuance of a special use permit and a height waiver by the board of supervisors. The height waiver shall meet the requirements for a height waiver of the zoning district in which the public water storage facility is located.

(c)

The location of all utilities and utility easements shall be shown on the site plans, or subdivision plats, as appropriate. New utilities are to be placed underground except for required transformers, switching equipment, meter pedestals, telephone pedestals, outdoor lighting poles and meter and service connections attached to buildings. In consideration of voltage requirements, existing overhead service, existing tree cover and physical features of the site and the surrounding area, the planning commission may waive requirements for underground utilities upon a favorable recommendation of the development review committee. Waivers in subdivisions must comply with section 19-18 of the subdivision ordinance.

(Ord. No. 31A-88, § 20-27.8, 4-8-85; Ord. No. 31A-112, 2-6-89; Ord. No. 31A-216, 2-22-05)

Individual water wells and septic drainfields shall be generally permitted except where in conflict with chapter 19, chapter 24 or the James City Service Authority regulations.

(Ord. No. 31A-150, 4-5-93; Ord. No. 31A-153, 11-1-93)

The General Agricultural District, A-1, is intended for application to the rural areas of the county generally outside of the primary service area and where utilities and urban services generally do not exist and are not planned for the near future. The purpose of the district is to maintain a rural environment suitable for farming, forestry and low-density rural residence and at the same time to provide for certain recreational and public or semipublic and institutional uses which may require a spacious site and which, with proper conditions imposed, are compatible with rural surroundings. The district also serves to limit the scattering of commercial, industrial and urban residential uses into rural areas where such uses are not planned. The area regulations of the district are intended to provide a measure of flexibility in lot size and arrangement if coupled with a design review to ensure more careful use of the land.

(Ord. No. 31A-88, § 20-28, 4-8-85; Ord. No. 31A-114, 5-1-89)

Editor's note— Ord. No. 31A-296, adopted June 9, 2015, amended § 24-212 in its entirety to read as herein set out. Former § 24-212 pertained to use list. See the Code Comparative Table for complete derivation.

(Ord. No. 31A-312, 11-8-16; Ord. No. 31A-335, 8-8-17; Ord. No. 31A-348, 7-14-20)

Lots in a minor subdivision must adhere to the area requirements set forth in section 24-214. All other subdivisions shall have a maximum net density as specified below.

(a)

Parcels subject to section 24-214(a)(2) shall have a maximum net density of one unit per twenty acres.

(b)

Parcels subject to section 24-214(a)(2)(i) shall have a maximum net density of one unit per three acres.

(Ord. No. 31A-357, 5-9-23)

(a)

Minimum lot size. The minimum lot size, except as otherwise specified herein, shall be:

(1)

One acre for nonresidential uses;

(2)

Twenty acres for residential uses; however

i.

Parcels of 25 acres or less recorded or legally in existence as of January 1, 2022, shall be permitted to be subdivided for residential use so long as no lot size is less than three acres.

ii.

Parcels of less than six acres recorded or legally in existence prior to May 1, 1989, shall be permitted to be subdivided into two lots for single-family residential use so long as no lot size is less than two acres.

iii.

Upon issuance of a special use permit, family subdivisions as permitted in section 19-17 of the county subdivision ordinance may be approved with a lot size that is less than the minimum sizes specified in (a)(2) and (a)(2)(i), provided no lot is less than one acre.

iv.

Upon issuance of a special use permit, a cluster configuration subdivision may be approved with a minimum lot size of less than 20 acres; provided that the overall gross density of any cluster configuration subdivision does not exceed one dwelling unit per 20 acres, and also meets the requirements of section 24-222.

v.

Parcels of less than 20 acres recorded or legally in existence prior to October 11, 2022, may be used for residential purposes and shall be limited to one single-family residential use.

No lot created under the area requirements of this section after October 11, 2022, the date of adoption of this section, unless created pursuant to paragraphs (2)a, (2)b, (2)c or (2)d above, shall be used for any residential dwelling unless the lot size is 20 acres or more.

(Ord. No. 31A-88, § 20-30, 4-8-85; Ord. No. 31A-114, 5-1-89; Ord. No. 31A-165, 9-18-95; Ord. No. 31A-355, 10-11-22)

(a)

Structures, except those associated with intensive agricultural uses, shall be located a minimum of 50 feet from any street right-of-way which is 50 feet or greater in width. If the street right-of-way is less than 50 feet in width, structures shall be located a minimum of 75 feet from the centerline of the street; except that where the minimum lot area is three acres or more, the minimum setback shall be 75 feet from any street right-of-way which is 50 feet or greater in width and 100 feet from the centerline of any street right-of-way less than 50 feet in width. Devices for nutrient management plans, pens, and structures associated with intensive agricultural uses shall be 250 feet from any dwelling not owned by the operator of the use, all property lines not associated with the use, all public roads, and 1,000 feet from platted residential subdivisions, residentially zoned districts, areas designated for residential use on the comprehensive plan, schools, parks and playgrounds, recreation areas, public wells, water tanks and reservoirs.

(b)

All subdivisions platted and recorded prior to March 1, 1969, with building setback lines shown on their recorded plat will be allowed to adhere to these established setback lines.

(Ord. No. 31A-88, § 20-31, 4-8-85; Ord. No. 31A-114, 5-1-89; Ord. No. 31A-165, 9-18-95; Ord. No. 31A-169, 5-28-96; Ord. No. 31A-257, 11-22-11)

(a)

Lots of five acres or more shall have a minimum lot width at the setback line of 250 feet.

(b)

Lots of three acres or more but less than five acres shall have a minimum lot width at the setback line of 200 feet.

(c)

Lots of one acre or more but less than three acres shall have a minimum lot width at the setback line of 150 feet.

(d)

The minimum lot frontage abutting a public right-of-way shall be 25 feet.

(Ord. No. 31A-88, § 20-32, 4-8-85; Ord. No. 31A-114, 5-1-89)

(a)

Side. The minimum side yard for each main structure shall be 15 feet. The minimum side yard for accessory structures shall be five feet, except that accessory buildings exceeding one story shall have a minimum side yard of 15 feet.

(b)

Rear. Each main structure shall have a rear yard of 35 feet or more. The minimum rear yard for accessory structures shall be five feet, except that accessory buildings exceeding one story shall have a minimum rear yard of 15 feet.

(Ord. No. 31A-88, § 20-33, 4-8-85)

Structures may be erected up to two stories and shall not exceed 35 feet in height from grade, except that:

(1)

The height limit for buildings may be increased to 45 feet and to three stories; provided, that the two side yards for the building are increased to a minimum of 15 feet plus one foot for each additional foot of the building's height over 35 feet.

(2)

Church spires, belfries, cupolas, monuments, water towers, athletic field lighting, chimneys, flues, flagpoles, home television antennas, home radio aerials, silos and other structures normally associated with and accessory to farming operations may be erected to a total height of 60 feet from grade.

Upon application for a height limitation waiver, the payment of appropriate fees, notification of adjacent property owners and following a public hearing, the board of supervisors may grant a height limitation waiver for these structures to exceed 60 feet in height but not to exceed 100 feet, from grade to the top of the structure, upon finding that:

a.

Such structure will not obstruct light to adjacent property;

b.

Such structure will not impair the enjoyment of historic attractions and areas of significant historic interest and surrounding developments;

c.

Such structure will not impair property values in the surrounding area;

d.

Such structure is adequately designed and served from the standpoint of safety, and the county fire chief finds that the fire safety equipment to be installed is adequately designed and that the building is reasonably well located in relation to fire stations and equipment, so as to offer adequate protection to life and property; and

e.

Such structure will not be contrary to the public health, safety and general welfare.

(3)

No accessory building which is within 15 feet of any lot line shall be more than one story high. All accessory buildings shall not be more than 45 feet in height; except that silos, barns and other structures normally associated with and accessory to farming operations are controlled by subsection (2) above and may exceed 45 feet in height.

(4)

Heights of communications facilities shall be permitted in accordance with division 6, communications facilities, antennas, towers and support structures.

(Ord. No. 31A-88, § 20-33, 4-8-85; Ord. No. 31A-114, 5-1-89; Ord. No. 31A-166, 1-23-96; Ord. No. 31A-176, 5-26-98; Ord. No. 31A-223, 4-11-06; Ord. No. 31A-232, 12-11-07; Ord. No. 31A-259, 1-10-12; Ord. No. 31A-312, 11-8-16)

(a)

For corner lots, the front of the lot shall be the shorter of the two sides fronting on streets.

(b)

No structures shall be located closer than 50 feet to the side street.

(c)

Each corner lot shall have a minimum width at the setback line of 150 feet or more.

(Ord. No. 31A-88, § 20-34, 4-8-85; Ord. No. 31A- 114, 5-1-89)

To assure an appearance and condition which is consistent with the purposes of the General Agricultural District, A-1, outdoor signs on the properties within the district shall comply with the regulations for exterior signs in article II, division 3 of this chapter.

(Ord. No. 31A-88, § 20-34.1, 4-8-85)

(a)

A ratio of one acre of open land per seven horses, eight dairy cattle, 13 slaughter or feeder cattle, 33 swine, or 130 sheep shall be provided for each agricultural operation; and

(b)

Twenty acres for intensive agriculture:

(1)

No more than 1,000 veal, cattle, horses or similar animals or 3,000 sheep, lambs, goats or similar animals or 7,500 swine or 50,000 turkeys or 100,000 chickens shall be confined at any one site.

(Ord. No. 31A-355, 10-11-22)

Upon issuance of a special use permit, a cluster configuration subdivision may be approved provided that all of the following conditions are met:

(1)

The overall net density of the subdivision shall not exceed one dwelling unit per twenty acres.

(2)

There shall be at least three residential lots in the subdivision.

(3)

No lot shall be less than one acre in area.

(4)

The subdivision shall only be for single-family detached dwellings.

(5)

All lots shall front on an approved public street created by the subdivision and no lot shall have direct access to a street not a part of the subdivision. This condition shall not apply to subdivisions of less than five lots.

(6)

Provision shall be made in subdivision plats and lot conveyances to ensure that lot purchasers have adequate notice regarding limitations on resubdivision of parcels and no resubdivision or sale by any means shall be permitted which would in any way create a violation of this chapter.

(7)

The general design standards of this section shall be complied with.

(8)

The subdivision design shall provide good building sites and at the same time make best use of topography and minimize grading and destruction of natural vegetation.

(9)

The subdivision design shall provide for protection of conservation areas as specified in the Comprehensive Plan or other sections of this chapter.

(10)

No more than 30 percent of any lot shall be located in a floodplain area as defined in this chapter; provided, however, that up to 50 percent of the area of any lot may be covered by the waters of a lake, pond or canal planned and approved as a part of and wholly within the subdivision.

(11)

Maintenance of any common open space shall be assigned to a homeowners' association or other approved entity.

(12)

Lots shall be arranged and building sites shall be designated so as to promote harmonious relationships with the environment and existing public streets and roads; and to this end, the design shall employ such techniques as may be appropriate to a particular case, including location of lots of various sizes, location of building sites with respect to project boundary lines, location of open space and buffer areas and maintenance of vegetation. Unless the subdivision is less than five lots, all structures shall be located a minimum of 150 feet from all roads existing prior to the platting of the subdivision.

(Ord. No. 31A-355, 10-11-22; Ord. No. 31A-357, 5-9-23)

(a)

Right-of-way buffer. Within any major subdivision approved under this division, there shall be planned and maintained buffers along all external existing and planned road rights-of-way, as follows:

(1)

The minimum right-of-way buffer on Wooded Community Character Corridors located outside the primary service area as defined in the comprehensive plan shall be 200 feet.

(2)

The right-of-way buffer shall be planted in accordance with section 24-96, General landscape area standards and shall also adhere to the Community Character Corridor Buffer Treatment Guidelines and Map.

(3)

Waiver provisions. The planning director may reduce the buffer depth requirements specified in (1) of this section for residential developments when:

(i)

The developer demonstrates that due to natural or protected features, or due to adjoining physical features, a reduced buffer will screen the development as effectively as a full buffer; or

(ii)

The developer demonstrates that the development will be adequately screened and buffered from the road using berms and landscaping. Such a request shall be supplemented with a landscaping plan and/or planting plan with photos of the existing site.

In no case shall the right-of-way buffer be reduced by a waiver provision to less than 100 feet. The planning director may also, in the event of granting a waiver, require additional landscaping as determined on a case-by-case basis.

(b)

Requirements for buffers. All required buffers shall be exclusive of lots, remain free of structures and parking, and remain undisturbed, except for additional plantings and selective clearing approved by the planning director or designee. Soil stockpiles and staging areas shall not be permitted within any buffer, except that temporary soil stockpiles may be allowed upon approval by the planning director under the following circumstances:

(1)

The buffer in which the temporary stockpile is to occur is non-wooded, defined as having no mature trees.

(2)

The stockpile shall not be visible from a Community Character Corridor or Community Character Area unless the soil stockpiling is needed for approved berming in that buffer.

(3)

Stockpiles shall not exceed 35 feet in height.

(4)

Stockpiles shall be temporary, with a time limit of six months.

(5)

Once the use of the temporary soil stockpiles is completed, the ground must be adequately prepared for planting and revegetated in a manner that meets or exceeds the amount and quality of vegetation on the site previously.

(6)

Stockpiling shall conform with any applicable requirements of the Virginia erosion and sediment control regulations, the Virginia erosion and sediment control handbook and county erosion and sediment control program policies.

(c)

Limitations on buffers. Structural BMPs such as wet and dry ponds shall not generally be permitted in the buffers, except that the planning director may approve them under the following circumstances:

(1)

The need is necessitated by site conditions rather than economic factors; and

(2)

The screening/buffering effect of the buffer has been retained by the design of the BMP and any degradation has been mitigated with additional plantings or berms as necessary.

(d)

Improvements allowable within buffers. An entrance road, community and directional signage, bicycle and/or pedestrian paths, and utility connections and drainage improvements shall be permitted within the buffer with approval of the planning director. Permitted utilities and constructed drainage conveyance systems shall cross the buffer at or near a perpendicular angle to the property line, with clearing kept to a minimum necessary to accommodate the utilities, except that minor improvements to natural drainage channels may be permitted at a different angle to the property line upon approval of the planning director.

(e)

Roads within buffers. Entrance roads through these buffers shall be built to the narrowest cross-section possible. Roads and open space shall be located and designed in a manner that minimizes views of structures within the development from the adjoining primary or secondary road as determined by the planning director.

(f)

Appeals. In the event the planning director disapproves the items specified in this section or recommends conditions or modifications that are unacceptable to the applicant, the applicant may appeal the decision of the planning director to the development review committee which shall forward a recommendation to the planning commission. Any appeal shall be in writing and may be subject to fees as specified in article I of this chapter.

(Ord. No. 31A-360, 10-8-24)

The Limited Residential District, R-1, is composed of certain quiet, low-density residential areas plus certain open areas where similar residential development is likely to occur. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to limit activities of a commercial nature and to implement the policies and designations of the Comprehensive Plan applicable to low-density residential areas. To these ends, development is limited to low-density residential and generally permitted uses are limited to single-family dwellings, plus certain additional community-oriented uses that serve the residents of this district.

(Ord. No. 31A-88, § 20-42, 4-8-88; Ord. No. 31A-138, 2-18-92; Ord. No. 31A-195, 5-25-99; Ord. No. 31A-270, 9-11-12)

In the Limited Residential District, R-1, structures to be erected or land to be used, shall be for the following uses:

(Ord. No. 31A-88, § 20-43, 4-8-85; Ord. No. 31A-145, 7-6-92; Ord. No. 31A-167, 3-26-96; Ord. No. 31A-176, 5-26-98; Ord. No. 31A-195, 5-25-99; Ord. No. 31A-270, 9-11-12; Ord. No. 31A-291, 8-13-13; Ord. No. 31A-292, 6-10-14; Ord. No. 31A-293, 8-12-14; Ord. No. 31A-313, 11-8-16; Ord. No. 31A-348, 7-14-20; Ord. No. 31A-351, 9-8-20; Ord. No. 31A-357, 5-9-23)

(a)

All subdivisions shall have a maximum net density of one unit per acre, except for minor subdivision as defined in the county's subdivision ordinance. In these instances, the lots in a minor subdivision must still adhere to the area requirements set forth in section 24-255.

(b)

Upon application, the board of supervisors may grant a special use permit for subdivisions to have a maximum net density of more than one unit per acre, but of no more than two units per acre upon finding the developer has made assurances in a master plan, proffers, or other document approved by the county attorney, for at least two points as specified in the density bonus item options table in section 24-549 of this chapter.

(Ord. No. 31A-175, 3-25-97; Ord. No. 31A-195, 5-25-99; Ord. No. 31A-270, 9-11-12; Ord. No. 31A-357, 5-9-23)

Editor's note— Ord. No. 31A-357, adopted May 9, 2023, repealed § 24-234, which pertained to Density and derived from Ord. No. 31A-270, adopted Sept. 11, 2012.

(a)

Public water/sewage disposal. Lots served by public water and public sewage disposal systems shall have a minimum area of 15,000 square feet.

(b)

Public sewage disposal only. Lots served by a public sewage disposal system but not a public water distribution system shall have a minimum area of 17,500 square feet.

(c)

Public water distribution only. Lots served by a public water distribution system but not a public sewage disposal system shall have a minimum area of 20,000 square feet.

(d)

Individual water/sewage disposal. Lots served by individual water and sewage disposal systems shall have a minimum area of 30,000 square feet.

(e)

Applicability to certain lots. These minimum sizes shall not apply to lots of less than 15,000 square feet recorded or legally in existence prior to April 8, 1985.

(Ord. No. 31A-88, § 20-44, 4-8-85; Ord. No. 31A-138, 2-18-92; Ord. No. 31A-195, 5-25-99)

Structures shall be located a minimum of 35 feet from any street right-of-way which is 50 feet or greater in width. Where the street right-of-way is less than 50 feet in width, structures shall be located a minimum of 60 feet from the centerline of the street. This shall be known as the "setback line"; all subdivisions platted and recorded prior to March 1, 1969, with building setback lines shown on their recorded plat, shall be allowed to adhere to these established setback lines.

(Ord. No. 31A-88, § 20-45, 4-8-85; Ord. No. 31A-138, 2-18-92; Ord. No. 31A-195, 5-25-99)

(a)

Lots of up to and including 43,560 square feet shall have a minimum width at the setback line of 100 feet.

(b)

Lots of more than 43,560 square feet shall have a minimum width at the setback line of 150 feet.

(Ord. No. 31A-88, § 20-46, 4-8-85; Ord. No. 31A-195, 5-25-99)

(a)

Side. The minimum side yard for each main structure shall be 15 feet. The minimum side yard for accessory structures shall be five feet, except that accessory buildings exceeding one story shall have a minimum side yard of 15 feet.

(b)

Rear. Each main structure shall have a minimum rear yard of 35 feet. The minimum rear yard for accessory structures shall be five feet, except that accessory buildings exceeding one story shall have a minimum rear yard of 15 feet.

(Ord. No. 31A-88, § 20-47, 4-8-85; Ord. No. 31A-195, 5-25-99; Ord. No. 31A-270, 9-11-12)

(a)

The front of the lot shall be deemed to be the shorter of the two sides fronting on streets.

(b)

No structure shall be located closer than 35 feet to the side street.

(c)

Each corner lot shall have a minimum width at the setback line of 125 feet.

(Ord. No. 31A-88, § 20-49, 4-8-85; Ord. No. 31A-195, 5-25-99)

Buildings may be erected up to two stories and shall not exceed 35 feet in height from grade, except that:

(1)

The height limit for dwellings may be increased to 45 feet and to three stories; provided, that there are two side yards for each permitted use each of which is a minimum of 15 feet plus one foot or more of side yard for each additional foot of building height over 35 feet.

(2)

A public or semipublic building such as a school, church or library may be erected to a height of 60 feet from grade, provided that the required front, side and rear yards shall be increased one foot for each foot in height over 35 feet.

(3)

Church spires, belfries, cupolas, monuments, water towers, athletic field lighting, chimneys, flues, flagpoles, home television antennae and home radio aerials may be erected to a total height of 60 feet from grade. Upon application for a height limitation waiver, the payment of appropriate fees, notification of adjacent property owners and following a public hearing, the board of supervisors may grant a height limitation waiver for these structures to exceed 60 feet in height but not to exceed 100 feet from grade to the top of the structure upon finding that:

a.

Such structure will not obstruct light to adjacent property;

b.

Such structure will not impair the enjoyment of historic attractions and areas of significant historic interest and surrounding developments;

c.

Such structure will not impair property values in the surrounding area;

d.

Such structure is adequately designed and served from the standpoint of safety, and the county fire chief finds that the fire safety equipment to be installed is adequately designed and that the building is reasonably well located in relation to fire stations and equipment, to offer adequate protection to life and property; and

e.

Such structure will not be contrary to the public health, safety and general welfare.

(4)

No accessory building which is within 15 feet of any lot line shall be more than one story high. All accessory buildings shall be less than the main building in height; provided, however, the height of an accessory building may exceed the height of the main building if the grade of the lot is such that the elevation of the main building exceeds the elevation of the accessory building. The elevation of the main building and the accessory building shall be measured from the level of the curb or the established curb grade opposite the middle of the main building. In no case shall an accessory building be more than 35 feet in height.

(5)

Heights of communications facilities shall be permitted in accordance with division 6, communications facilities, antennas, towers and support structures.

(Ord. No. 31A-88, § 20-48, 4-8-85; Ord. No. 31A-138, 2-18-92; Ord. No. 31A-166, 1-23-96; Ord. No. 31A-176, 5-26-98; Ord. No. 31A-195, 5-25-99; Ord. No. 31A-223, 4-11-06; Ord. No. 31A-232, 12-11-07; Ord. No. 31A-270, 9-11-12; Ord. No. 31A-313, 11-8-16)

To assure an appearance and condition which is consistent with the purposes of the Limited Residential District, R-1, outdoor signs on the properties within the district shall comply with the regulations for exterior signs in article II, division 3 of this chapter.

(Ord. No. 31A-88, § 20-49.1, 4-8-85; Ord. No. 31A-195, 5-25-99)

(a)

Within every subdivision consisting of 50 or more lots, there shall be planned and set aside permanently an amount of open space to be maintained exclusively for conservation and recreation purposes.

(1)

Non-developable areas outside of private lots shall be maintained as open space and should be protected through a conservation easement dedicated to the county or other legal entity approved by the county attorney.

(2)

In addition, ten percent of the developable area shall also be set aside as open space. The developable area open space may include, but is not limited to:

a.

Areas on site necessary to meet county policies pertaining to natural resources, archaeology, and parks and recreation;

b.

Areas on site used to achieve density bonus points in accordance with section 24-233(b);

c.

The following areas, up to the percent specified:

1.

Required right-of-way and perimeter buffers cannot exceed 50 percent of the developable open space required, and

2.

Stormwater management facilities cannot exceed 20 percent of the developable open space required (this limitation applies to structural best management practices such as wet and dry ponds, but does not apply to bioretention or other low impact design measures).

(3)

For the purposes of meeting the developable open space requirements, open space area may not include:

a.

Area on any individual private lots or yards, with the exception of easements for streetscapes; or

b.

Land within public road rights-of-way and utility or drainage easements.

(4)

For the purpose of meeting the developable area open space requirements, open space shall be arranged on the site in a manner that is suitable in its size, shape, and location for the conservation and recreational uses intended, with adequate access for all residents. At a minimum, the open space shall adhere to the following standards:

(Ord. No. 31A-195, 5-25-99; Ord. No. 31A-270, 9-11-12; Ord. No. 31A-291, 8-13-13)

A homeowners association shall be established in accordance with Chapter 19 of the county code. The homeowners association documents shall set forth the nature (recreation or conservation) and location of the open space(s) in the manner described on the master plan, either through illustration or through incorporation by reference of the development's master plan and/or plan of development. The documents shall generally describe the use and maintenance standards necessary to adhere to the nature of the open space(s) as shown on the development's master plan and/or plan of development.

(Ord. No. 31A-195, 5-25-99; Ord. No. 31A-270, 9-11-12)

To assure an appearance and condition which is consistent with the purpose of the Limited Residential District, R-1, structural BMPs serving the properties within the district shall comply with the landscaping regulations in article II, division 4 of this chapter.

(Ord. No. 31A-195, 5-25-99)

(a)

Right-of-way buffer. Within any major subdivision approved under this division, there shall be planned and maintained buffers along all external existing and planned arterial road rights-of-way, as follows:

(1)

The minimum right-of-way buffer on Community Character Corridor roads as defined in the Comprehensive Plan shall be 150 feet, except when the average lot depth of the parent parcel is less than 600 feet. In those cases, the required buffer shall be at a depth of 25 percent of the average lot depth.

(2)

The minimum right-of-way buffer on all non-Community Character Corridor roads shall be 75 feet, except when the average lot depth of the parent parcel is less than 300 feet. In those cases, the required buffer shall be at a depth of 25 percent of the average lot depth.

(3)

The right-of-way buffer shall be planted in accordance with section 24-96, General landscape area standards. Buffers along Community Character Corridor roads shall also adhere to the Community Character Corridor Buffer Treatment Guidelines and Map.

(b)

Perimeter buffers. Within any major subdivision approved under this division, there shall be planned and maintained a perimeter buffer along the perimeter property lines of the development, except for areas adjacent to road rights-of-way. The minimum perimeter buffer shall be 35 feet. Landscaping guidelines for perimeter buffers shall follow the requirements in section 24-96 of this chapter.

(c)

Waiver provisions. In instances where properties have more than a 300-foot average depth and are located along a Community Character Corridor, or in all instances of perimeter buffers, the planning director may reduce the buffer depth requirements specified in (a) and (b) of this section for residential developments when:

(1)

The development is less than five acres and a majority of the development=s units are dedicated to affordable and workforce housing; or

(2)

The developer demonstrates that due to natural or protected features, or due to adjoining physical features, a reduced buffer will screen the development as effectively as a full buffer; or

(3)

The developer demonstrates that the development will be adequately screened and buffered from the road using berms and landscaping. Such a request shall be supplemented with a landscaping plan and/or planting plan with photos of the existing site.

In no case shall the right-of-way buffer be reduced by a waiver provision to less than 75 feet. The perimeter buffer shall not be reduced by a waiver provision to less than 20 feet. The planning director may also, in the event of granting a waiver, require additional landscaping as determined on a case by case basis.

(d)

Modifications to the landscape requirements. The planning director may modify, permit substitutions, or permit transfer of required landscaping in accordance with the provisions set forth in article II, division 4 of this chapter.

(e)

Requirements for buffers. All required buffers shall be exclusive of lots, remain free of structures and parking, and remain undisturbed, except for additional plantings and selective clearing approved by the planning director or his designee. Soil stockpiles and staging areas shall not be permitted within any buffer, except that temporary soil stockpiles may be allowed upon approval by the planning director under the following circumstances:

(1)

The buffer in which the temporary stockpile is to occur is nonwooded, defined as having no mature trees.

(2)

The stockpile shall not be visible from a Community Character Corridor or Community Character Area, unless the soil stockpiling is needed for approved berming in that buffer.

(3)

Stockpiles shall not exceed 35 feet in height.

(4)

Stockpiles shall be temporary, with a time limit of six months.

(5)

Once the use of the temporary soil stockpiles is completed, the ground must be adequately prepared for planting and revegetated in a manner that meets or exceeds the amount and quality of vegetation on the site previously.

(6)

Stockpiling shall conform with any applicable requirements of the Virginia erosion and sediment control regulations, the Virginia erosion and sediment control handbook and county erosion and sediment control program policies.

(f)

Limitations on buffers. Structural BMPs such as wet and dry ponds shall not generally be permitted in the buffers, except that the planning director may approve them under the following circumstances:

(1)

The need is necessitated by site conditions rather than economic factors; and

(2)

The screening/buffering effect of the buffer has been retained by the design of the BMP and any degradation has been mitigated with additional plantings or berms as necessary.

(g)

Improvements allowable within buffers. An entrance road, community and directional signage, bicycle and/or pedestrian paths, and utility connections and drainage improvements shall be permitted within the buffer with approval of the planning director. Permitted utilities and constructed drainage conveyance systems shall cross the buffer at or near a perpendicular angle to the property line, with clearing kept to a minimum necessary to accommodate the utilities, except that minor improvements to natural drainage channels may be permitted at a different angle to the property line upon approval of the planning director.

(h)

Roads within buffers. Entrance roads through these buffers shall be built to the narrowest cross-section possible. Roads and open space shall be located and designed in a manner that minimizes views of structures within the development from the adjoining primary or secondary road as determined by the planning director.

(i)

Appeals. In the event the planning director disapproves the items specified in (c), (d), (e), (f), (g), and (h) in this section or recommends conditions or modifications that are unacceptable to the applicant, the applicant may appeal the decision of the planning director to the development review committee which shall forward a recommendation to the planning commission. Any appeal shall be in writing and may be subject to fees as specified in article I of this chapter.

(Ord. No. 31A-195, 5-25-99; Ord. No. 31A-270, 9-11-12; Ord. No. 31A-278, 11-27-12)

Pedestrian accommodations shall be provided in accordance with section 24-35.

(Ord. No. 31A-270, 9-11-12)

The General Residential District, R-2, is composed of certain quiet, low-density residential areas plus certain open areas where similar residential development is likely to occur. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage the clustering of residential developments to maximize shared and purposeful open space, to protect the natural environment and to promote a sense of community, to limit activities of a commercial nature and to implement the policies and designations of the Comprehensive Plan applicable to low-density residential areas. To these ends, development is limited to low-density residential and permitted uses are limited to dwellings designed to be occupied by one family or more than one family under certain conditions plus certain additional community-oriented uses that serve the residents of the district.

(Ord. No. 31A-88, § 20-50, 4-8-85; Ord. No. 31A-138, 2-18-92; Ord. No. 31A-196, 5-25-99; Ord. No. 31A-271, 9-11-12)

In the General Residential District, R-2, structures to be erected or land to be used, shall be for the following uses:

(Ord. No. 31A-88, § 20-51, 4-8-85; Ord. No. 31A-138, 2-18-92; Ord. No. 31A-145, 7-6-92; Ord. No. 31A-148, 1-4-93; Ord. No. 31A-167, 3-26-96; Ord. No. 31A-176, 5-26-98; Ord. No. 31A-196, 5-25-99; Ord. No. 31A-271, 9-11-12; Ord. No. 31A-291, 8-13-13; Ord. No. 31A-293, 8-12-14; Ord. No. 31A-295, 9-9-14; Ord. No. 31A-314, 11-8-16; Ord. No. 31A-348, 7-14-20; Ord. No. 31A-351, 9-8-20; Ord. No. 31A-357, 5-9-23)

(a)

All subdivisions shall have a maximum net density of one unit per acre, except for minor subdivisions as defined in Chapter 19 of the county code. In these instances, the lots in a minor subdivision must still adhere to the area requirements set forth in section 24-255.

(b)

Upon application, the board of supervisors may grant a special use permit for subdivisions to have a maximum net density of more than one unit per acre, but of no more than two units per acre upon finding the developer has made assurances in a master plan, proffers, or other document approved by the county attorney, for at least two points as specified in the density bonus item options table in section 24-549 of this chapter.

(Ord. No. 31A-138, 2-18-92; Ord. No. 31A-139, 5-4-92; Ord. No. 31A-175, 3-25-97; Ord. No. 31A-196, 5-25-99; Ord. No. 31A-271, 9-11-12; Ord. No. 31A-357, 5-9-23)

Editor's note— Ord. No. 31A-357, adopted May 9, 2023, repealed § 24-254, which pertained to Density and derived from Ord. No. 31A-271, adopted Sept. 11, 2012.

(a)

Public water/sewage disposal. Lots served by public water and public sewage disposal systems shall have a minimum area of 10,000 square feet.

(b)

Public sewage disposal only. Lots served by a public sewage disposal system but not a public water distribution system shall have a minimum area of 12,000 square feet.

(c)

Public water distribution only. Lots served by a public water distribution system but not a public sewage disposal system shall have a minimum area of 20,000 square feet.

(d)

Individual water/sewage disposal. Lots served by individual water and sewage disposal system shall have a minimum area of 30,000 square feet.

(e)

Applicability to certain lots. These minimum sizes shall not apply to lots of less than 12,000 square feet recorded or legally in existence prior to April 8, 1985.

(Ord. No. 31A-88, § 20-52, 4-8-85; Ord. No. 31A-138, 2-18-92; Ord. No. 31A-196, 5-25-99)

Structures shall be located a minimum of 25 feet from any street right-of-way which is 50 feet or greater in width. Where the street right-of-way is less than 50 feet in width, structures shall be located a minimum of 50 feet from the centerline of the street. This shall be known as the "setback line"; all subdivisions platted and recorded prior to March 1, 1969, with building setback lines shown on their recorded plat, shall be allowed to adhere to these established setback lines. Off-street parking shall not be permitted within the required setbacks, except that parking spaces for single-family and multifamily up to two units may be located within the required setback.

(Ord. No. 31A-88, § 20-53, 4-8-85; Ord. No. 31A-138, 2-18-92; Ord. No. 31A-196, 5-25-99; Ord. No. 31A-271, 9-11-12)

(a)

Lots of less than 20,000 square feet shall have a minimum width at the setback line of 75 feet.

(b)

Lots of 20,000 square feet to 43,560 square feet shall have a minimum width at the setback line of 100 feet.

(c)

Lots of more than 43,560 square feet shall have a minimum width at the setback line of 150 feet.

(Ord. No. 31A-88, § 20-54, 4-8-85; Ord. No. 31A-138, 2-18-92; Ord. No. 31A-196, 5-25-99)

(a)

Side. The minimum side yard for each main structure shall be ten feet. The minimum side yard for accessory structures shall be five feet, except that accessory buildings exceeding one story shall have a minimum side yard of ten feet.

(b)

Rear. Each main structure shall have a minimum rear yard of 35 feet. The minimum rear yard for accessory structures shall be five feet, except that accessory buildings exceeding one story shall have a minimum rear yard of ten feet.

(Ord. No. 31A-88, § 20-55, 4-8-85; Ord. No. 31A-138, 2-18-92; Ord. No. 31A-196, 5-25-99; Ord. No. 31A-271, 9-11-12)

(a)

The front of the lot shall be the shorter of the two sides fronting on streets.

(b)

No structures shall be located closer than 25 feet to the side street.

(c)

Each corner lot shall have a minimum width at the setback line of 100 feet.

(Ord. No. 31A-88, § 20-57, 4-8-85; Ord. No. 31A-138, 2-18-92; Ord. No. 31A-196, 5-25-99)

(a)

Lots intended for multifamily up to two units shall be:

(1)

Served by a public water system;

(2)

Served by a public sewer system;

(3)

Required to have a minimum lot size of 15,000 square feet.

(4)

Required to meet all other requirements of this district.

(b)

In addition to the above requirements, when each dwelling unit is on an individual lot, each individual lot shall:

(1)

Have a minimum lot size of 7,500 square feet;

(2)

Have a minimum lot width of 40 feet; and

(3)

Have no minimum side yard requirement on the common side lot line.

(c)

Upon application, the board of supervisors may grant a waiver from the public sewer connection requirement referenced above upon finding:

(1)

The development site is a single lot recorded or legally in existence prior to the date of adoption of this section; and

(2)

The state health department has approved the location and adequacy of the proposed septic drainfields; and

(3)

The proposed multifamily units are located in the primary service area and are in accord with the James City Service Authority Regulations Governing Utility Service.

(Ord. No. 31A-88, § 20-55.1, 4-8-85; Ord. No. 31A-90, 10-7-85; Ord. No. 31A-138, 2-18-92; Ord. No. 31A-140, 5-4-92; Ord. No. 31A-271, 9-11-12)

Buildings may be erected up to two stories and shall not exceed 35 feet in height from grade, except that:

(1)

The height limit for dwellings may be increased to 45 feet and to three stories; provided, that there are two side yards for each permitted use each of which is a minimum of 15 feet plus one foot or more of side yard for each additional foot of building height over 35 feet.

(2)

A public or semipublic building such as a school, church or library may be erected to a height of 60 feet from grade, provided that the required front, side and rear yards shall be increased one foot for each foot in height over 35 feet.

(3)

Church spires, belfries, cupolas, monuments, water towers, athletic field lighting, chimneys, flues, flagpoles, home television antennas and home radio aerials may be erected to a total height of 60 feet from grade. Upon application for a height limitation waiver, the payment of appropriate fees, notification of adjacent property owners and following a public hearing, the board of supervisors may grant a height limitation waiver for these structures to exceed 60 feet in height but not to exceed 100 feet, from grade to the top of the structure upon finding that:

a.

Such structure will not obstruct light to adjacent property;

b.

Such structure will not impair the enjoyment of historic attractions and areas of significant historic interest and surrounding developments;

c.

Such structure will not impair property values in the surrounding area;

d.

Such structure is adequately designed and served from the standpoint of safety, and the county fire chief finds that the fire safety equipment to be installed is adequately designed and that the building is reasonably well located in relation to fire stations and equipment, to offer adequate protection to life and property; and

e.

Such structure will not be contrary to the public health, safety and general welfare.

(4)

No accessory building which is within ten feet of any lot line shall be more than one story high. All accessory buildings shall be less than the main building in height; provided, however, the height of an accessory building may exceed the height of the main building if the grade of the lot is such that the elevation of the main building exceeds the elevation of the accessory building. The elevation of the main building and the accessory building shall be measured from the level of the curb or the established curb grade opposite the middle of the main building. In no case shall an accessory building be more than 35 feet in height.

(5)

Heights of communications facilities shall be permitted in accordance with division 6, communications facilities, antennas, towers and support structures.

(Ord. No. 31A-88, § 20-56, 4-8-85; Ord. No. 31A-138, 2-18-92; Ord. No. 31A-166, 1-23-96; Ord. No. 31A-176, 5-26-98; Ord. No. 31A-196, 5-25-99; Ord. No. 31A-223, 4-11-06; Ord. No. 31A-232, 12-11-07; Ord. No. 31A-271, 9-11-12; Ord. No. 31A-314, 11-8-16)

To assure an appearance and condition which is consistent with the purpose of the General Residential District, R-2, outdoor signs on the properties within the district shall comply with the regulations for exterior signs in article II, division 3 of this chapter.

(Ord. No. 31A-88, § 20-57.1, 4-8-85; Ord. No. 31A-138, 2-18-92; Ord. No. 31A-196, 5-25-99)

(a)

Within every subdivision consisting of 50 or more lots, there shall be planned and set aside permanently an amount of open space to be maintained exclusively for conservation and recreation purposes.

(1)

Non-developable areas outside of private lots shall be maintained as open space and should be protected through a conservation easement dedicated to the county or other legal entity approved by the county attorney.

(2)

In addition, ten percent of the developable area shall also be set aside as open space. The developable area open space may include, but is not limited to:

a.

Areas on site necessary to meet county policies pertaining to natural resources, archaeology, and parks and recreation;

b.

Areas on site used to achieve density bonus points in accordance with section 24-253(b);

c.

The following areas, up to the percent specified:

1.

Required right-of-way and perimeter buffers cannot exceed 50 percent of the developable open space required, and

2.

Stormwater management facilities cannot exceed 20 percent of the developable open space required (this limitation applies to structural best management practices such as wet and dry ponds, but does not apply to bioretention or other low impact design measures).

(3)

For the purposes of meeting the developable open space requirements, open space area may not include:

a.

Area on any individual private lots or yards, with the exception of easements for streetscapes, or

b.

Land within public road rights-of-way and utility or drainage easements.

(4)

For the purpose of meeting the developable area open space requirements, open space shall be arranged on the site in a manner that is suitable in its size, shape, and location for the conservation and recreational uses intended, with adequate access for all residents. At a minimum, the open space shall adhere to the following standards:

(Ord. No. 31A-138, 2-18-92; Ord. No. 31A-196, 5-25-99; Ord. No. 31A-271, 9-11-12; Ord. No. 31A-291, 8-13-13)

A homeowners association shall be established in accordance with Chapter 19 of the county code. The homeowners association documents shall set forth the nature (recreation or conservation) and location of the open space(s) in the manner described on the master plan, either through illustration or through incorporation by reference of the development's master plan and/or plan of development. The documents shall generally describe the use and maintenance standards necessary to adhere to the nature of the open space(s) as shown on the development's master plan and/or plan of development.

(Ord. No. 31A-196, 5-25-99; Ord. No 31A-271, 9-11-12)

To assure an appearance and condition which is consistent with the purpose of the General Residential District, R-2, structural BMPs serving the properties within the district shall comply with the landscaping regulations in article II, division 4 of this chapter.

(Ord. No. 31A-196, 5-25-99)

(a)

Right-of-way buffer. Within any major subdivision approved under this division, there shall be planned and maintained buffers along all external existing and planned arterial road rights-of-way, as follows:

(1)

The minimum right-of-way buffer on Community Character Corridor roads as defined in the Comprehensive Plan shall be 150 feet, except when the average lot depth of the parent parcel is less than 600 feet. In those cases, the required buffer shall be at a depth of 25 percent of the average lot depth.

(2)

The minimum right-of-way buffer on all non-Community Character Corridor roads shall be 75 feet, except when the average lot depth of the parent parcel is less than 300 feet. In those cases, the required buffer shall be at a depth of 25 percent of the average lot depth.

(3)

The right-of-way buffer shall be planted in accordance with section 24-96, General landscape area standards. Buffers along Community Character Corridor roads shall also adhere to the Community Character Corridor Buffer Treatment Guidelines and Map.

(b)

Perimeter buffers. Within any major subdivision approved under this division, there shall be planned and maintained a perimeter buffer along the perimeter property lines of the development, except for areas adjacent to road rights-of-way. The minimum perimeter buffer shall be 35 feet. Landscaping guidelines for perimeter buffers shall follow the requirements in section 24-96 of this chapter.

(c)

Waiver provisions. In instances where properties have more than a 300-foot average depth and are located along a Community Character Corridor, or in all instances of perimeter buffers, the planning director may reduce the buffer depth requirements specified in (a) and (b) of this section for residential developments when:

(1)

The development is less than five acres and a majority of the development=s units are dedicated to affordable and workforce housing; or

(2)

The developer demonstrates that due to natural or protected features, or due to adjoining physical features, a reduced buffer will screen the development as effectively as a full buffer; or

(3)

The developer demonstrates that the development will be adequately screened and buffered from the road using berms and landscaping. Such a request shall be supplemented with a landscaping plan and/or planting plan with photos of the existing site.

In no case shall the right-of-way buffer be reduced by a waiver provision to less than 75 feet. The perimeter buffer shall not be reduced by a waiver provision to less than 20 feet. The planning director may also, in the event of granting a waiver, require additional landscaping as determined on a case by case basis.

(d)

Modifications to the landscape requirements. The planning director may modify, permit substitutions, or permit transfer of required landscaping in accordance with the provisions set forth in article II, division 4 of this chapter.

(e)

Requirements for buffers. All required buffers shall be exclusive of lots, remain free of structures and parking, and remain undisturbed, except for additional plantings and selective clearing approved by the planning director or his designee. Soil stockpiles and staging areas shall not be permitted within any buffer, except that temporary soil stockpiles may be allowed upon approval by the planning director under the following circumstances:

(1)

The buffer in which the temporary stockpile is to occur is non-wooded, defined as having no mature trees.

(2)

The stockpile shall not be visible from a Community Character Corridor or Community Character Area, unless the soil stockpiling is needed for approved berming in that buffer.

(3)

Stockpiles shall not exceed 35 feet in height.

(4)

Stockpiles shall be temporary, with a time limit of six months.

(5)

Once the use of the temporary soil stockpiles is completed, the ground must be adequately prepared for planting and revegetated in a manner that meets or exceeds the amount and quality of vegetation on the site previously.

(6)

Stockpiling shall conform with any applicable requirements of the Virginia erosion and sediment control regulations, the Virginia erosion and sediment control handbook and county erosion and sediment control program policies.

(f)

Limitations on buffers. Structural BMPs such as wet and dry ponds shall not generally be permitted in the buffers, except that the planning director may approve them under the following circumstances:

(1)

The need is necessitated by site conditions rather than economic factors; and

(2)

The screening/buffering effect of the buffer has been retained by the design of the BMP and any degradation has been mitigated with additional plantings or berms as necessary.

(g)

Improvements allowable within buffers. An entrance road, community and directional signage, bicycle and/or pedestrian paths, and utility connections and drainage improvements shall be permitted within the buffer with approval of the planning director. Permitted utilities and constructed drainage conveyance systems shall cross the buffer at or near a perpendicular angle to the property line, with clearing kept to a minimum necessary to accommodate the utilities, except that minor improvements to natural drainage channels may be permitted at a different angle to the property line upon approval of the planning director.

(h)

Roads within buffers. Entrance roads through these buffers shall be built to the narrowest cross-section possible. Roads and open space shall be located and designed in a manner that minimizes views of structures within the development from the adjoining primary or secondary road as determined by the planning director.

(i)

Appeals. In the event the planning director disapproves the items specified in (c), (d), (e), (f), (g), and (h) in this section or recommends conditions or modifications that are unacceptable to the applicant, the applicant may appeal the decision of the planning director to the development review committee which shall forward a recommendation to the planning commission. Any appeal shall be in writing and may be subject to fees as specified in article I of this chapter.

(Ord. No. 31A-196, 5-25-99; Ord. No. 31A-271, 9-11-12; Ord. No. 31A-278, 11-27-12)

Pedestrian accommodations shall be provided in accordance with section 24-35.

(Ord. No. 31A-271, 9-11-12)