Whereas, by act of the General Assembly of Virginia as provided in Article 8 of Chapter 11 of Title 15.2, Section 15.2-2280 and 15.2-2281 of the Code of Virginia, 1950, as amended, the governing body of any county may by ordinance classify the territory under its jurisdiction or any substantial portion thereof into districts of such number, shape and size as it may deem best suited to carry out the purposes of the article, and in each district it may regulate, restrict, permit, prohibit, and determine the following:

A.

The use of land, buildings, structures, and other premises for agricultural, business, industrial, residential, flood plain, and other specific uses;

B.

The size, height, area, bulk, location, erection, construction, reconstruction, alteration, repair, maintenance, razing or removal of structures;

C.

The areas and dimensions of land, water, and air space to be occupied by buildings, structures, and uses and of courts, yards, and other open spaces to be left unoccupied by uses and structures, including variations on the sizes of lots based on whether a public or community water supply or sewage system is available and used; and

D.

The excavation or mining of soil or other natural resources.

Therefore, this ordinance is for the general purpose of promoting the health, safety or general welfare of the public and of further accomplishing the objectives of Code of Virginia, § 15.2-2200. To these ends, this ordinance classifies the unincorporated portion of King and Queen County into districts of such number, shape, and size as the board of supervisors deems best suited to carry out the purposes of Code of Virginia, tit. 15.2, art. 8.

Accordingly, the zoning classifications (districts) into which the county is divided, together with the accompanying regulations, are designed to give reasonable consideration to each of the following purposes, where applicable:

1.

To provide for adequate light, air, convenience of access, and safety from fire, flood and other dangers;

2.

To reduce or prevent congestion in the public streets;

3.

To facilitate the creation of a convenient, attractive and harmonious community;

4.

To facilitate the provision of adequate police and fire protection, disaster evacuation, civil defense, transportation, water, sewage, flood protection, schools, parks, forests, playgrounds, recreational facilities, airports and other public requirements;

5.

To protect against destruction of or encroachment upon historic areas;

6.

To protect against one or more of the following: overcrowding of land, undue density of population in relation to the community facilities existing or available, obstruction of light and air, danger and congestion in travel and transportation, or loss of live, health, or property from fire, flood, panic, or other dangers;

7.

To encourage economic development activities that provides desirable employment and enlarge the tax base;

8.

To provide for the preservation of agricultural and forested lands and other lands of significance for the protection for the natural environment;

9.

To protect approach slopes and other safety areas of licensed airports, including United States government and military facilities;

10.

To promote the creation and preservation of affordable housing suitable for meeting the current and future needs of the locality as well as a reasonable proportion of the current and future needs of the planning district within which the locality is situated; and

11.

To protect surface water and ground water as defined in Code of Virginia, § 62.1-255 by including reasonable provisions, not inconsistent with applicable state water quality standards.

(Amend. of 4-8-2013(1))

This ordinance shall be known and be cited as the "Zoning Ordinance of King and Queen County, Virginia."

This ordinance shall apply to the territory of King and Queen County. It is the intent of this ordinance that the extent of its applicability be automatically changed in accordance with the provisions hereof or provisions of state law which may affect the applicability of this ordinance.

In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements, adopted for the promotion of the public health, safety and general welfare. Whenever the requirements of this ordinance are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, or resolutions, the most restrictive, or that imposing the higher standards, shall govern.

It is not intended by this zoning ordinance to interfere with, or abrogate or annul any easements, covenants or other agreement between parties.

Permitted uses and conditional uses listed in the district regulations shall be permitted in the respective districts, provided they comply with all applicable provisions of this ordinance. All other uses shall be prohibited.

A.

Group homes. In furtherance of the state policy expressed in Code of Virginia, § 15.2-2291, it shall be the policy of King and Queen County that a residential 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, shall be considered for all purposes residential occupancy by a single-family. No conditions more restrictive than those imposed on residences occupied by persons related by blood, marriage, or adoption shall be imposed on such facility. For purposes of this subsection, "residential facility" means any group home or other residential facility which the department of mental health, mental retardation and substance abuse services is the licensing authority pursuant to this Code [of Virginia]. For the purposes of Code of Virginia, § 15.2-2291, mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in Code of Virginia, § 54.1-3401.

B.

Family day homes. In furtherance of the state policy expressed in Code of Virginia, § 15.2-2292, it shall be the policy of King and Queen County that a family day home as defined in Code of Virginia, § 63.2-100 serving one through five children exclusive of the provider's own children and any children who reside in the home shall be considered to be, for all purposes, residential occupancy by a single-family. No conditions more restrictive than those imposed on residences occupied by persons related by blood, marriage, or adoption shall be imposed upon such a home.

C.

Accessibility. It is the policy of King and Queen County that all newly designed and constructed buildings, facilities, parking areas and other spaces authorized under this ordinance shall meet the requirements for accessibility by physically handicapped persons as set out in Title III of the Americans with Disabilities Act (P.L. 101-336), which prohibits discrimination on the basis of disability by private entities in places of public accommodation, and requires that all new places of public accommodation and commercial facilities be designed and constructed so as to be readily accessible to and usable by persons with disabilities.

(Amend. of 4-8-2013(1))

State Law reference— Similar provisions, Code of Virginia, §§ 15.2-2291, 15.2-2292.

For the purpose of this ordinance, the definitions set out in ordinance 6, and all conditions related thereto, shall apply when such words or terms appear in this ordinance.

The regulations set forth for each district in this ordinance shall be minimum regulations and shall be uniform for each class or kind of buildings and uses throughout each district, but the regulations in one district may differ from those in other districts. They shall apply unless otherwise modified in this article, in article 6 and/or by the board of zoning appeals.

Should any section or provision of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.

All ordinances or parts of ordinances in conflict with this zoning ordinance or inconsistent with the provisions of this ordinance are hereby repealed to the extent necessary to give this ordinance full force and effect.

This ordinance and amendments thereof shall become effective from and after the date of its approval and adoption by law, said date being July 8, 1996.