The regulations set forth in this article are either exceptions to or they qualify, supplement, or modify, as the case may be, the regulations and requirements set forth in this district regulations contained in this article.

(Ord. of 2-9-2004; Ord. of 2-14-2005; Amend. of 5-11-2009)

A.

No building, structure, or land shall be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved, converted or structurally altered except in conformity with all of the regulations herein specified for the district in which such building, structure or land is located and in conformity with all other applicable provisions of this ordinance.

B.

No approval of any kind shall be granted to any applicant or landowner who is currently in violation of any building code, zoning ordinance, state regulation or county ordinance or who is delinquent in the payment of any local tax on personal or real property within King and Queen County, until such a time as the violation is resolved or the delinquent tax is paid.

C.

Nothing contained in this zoning ordinance shall require any changes in the plans or construction of any building for which a valid building permit was granted prior to the effective date of this zoning ordinance; except, that if the construction of such building is not substantially commence within six months after the effective date of this zoning ordinance, future construction shall be in conformity with the provisions of this zoning ordinance.

D.

No lot shall hereinafter be created nor shall nay lot existing at the time of enactment of this zoning ordinance be altered so that the minimum frontage, width, depth, area, yard, parking or loading requirements be reduced below the minimum dimensions established in the zoning ordinance, except when a portion of a lot may be acquired for an essential public use.

E.

No part of a yard, other open space, off-street parking space or loading space required to serve any existing building or use shall be included as part of a yard for another building.

(Ord. of 2-9-2004; Ord. of 2-14-2005; Amend. of 5-11-2009)

Every lot established hereafter and used for single-family residential development shall have a frontage on an approved road. In cases where a lot fronts on the outside right-of-way (the right-of-way with the longest dimension) of a curved road and is arranged radially to the road's curvature, in order to compensate for the converging side lot lines the lot frontage may be reduced to not less than 75 percent of the required frontage provide the lot width at the building line is equal to or greater than the required frontage. In addition, where a lot fronts on the turn-around of a cul-de-sac, the frontage may be reduced to 50 percent of the required width at the building line providing the width at the building setback line is not less than 80 percent of the required lot frontage.

(Ord. of 2-9-2004; Ord. of 2-14-2005; Amend. of 5-11-2009)

Every building hereafter erected, reconstructed, converted, moved or structurally altered shall be located on a lot of record and in no case shall there be more than one main building on one lot unless otherwise provided in this zoning ordinance.

(Ord. of 2-9-2004; Ord. of 2-14-2005; Amend. of 5-11-2009)

The temporary use of manufactured homes or mobile homes may be allowed as outlined below:

1.

Temporary emergency housing. A manufactured home or a mobile home used solely for temporary emergency housing may be placed and used in any zoning district at the site of the destroyed or damaged residential structure upon issuance of a temporary zoning permit by the zoning administrator, subject to such conditions as he or she may prescribe. In such cases, the applicant shall establish some demonstrable hardship, other than medical or financial, brought on by flood, fire, storm or other natural disaster. Such temporary permit shall be issued for a period not to exceed six months and may be renewed for additional six-month periods not to exceed a total permit period of 24 months. The temporary emergency housing shall not be used for rental purposes at any time. Prior to occupancy of the temporary dwelling, the applicant must also obtain a building permit for that dwelling and state health department approval. The temporary emergency housing must connect to the existing well and septic system serving the primary residence. The manufactured home or mobile home shall be removed within 60 days of the expiration date of the temporary zoning permit or within 60 days of the issuance of a certificate of occupancy for the permanent dwelling from the building department, whichever occurs first. Failure to comply with all of the terms and conditions of any zoning and building code shall result in immediate revocation of the temporary permit. There shall be no more than one manufactured home or mobile home used solely for temporary emergency housing at any given time on any given parcel.

2.

Temporary use while construction a conventional home. A manufactured home or a mobile home may be used solely for temporary housing during the construction of a conventional home in the agricultural (A) district on the same lot where a single-family detached dwelling is being constructed and for which a building and zoning permit has been issued. The zoning administrator may issue a temporary zoning permit for the temporary manufactured home and may prescribe conditions as needed. Such temporary permit shall be issued for a period not to exceed 12 months. If additional time for construction is needed as shown by the applicant, the zoning administrator may extend such permit for an additional period of time not to exceed a total permit period of 24 months. The temporary housing shall not be used for rental purposes at any time. Prior to occupancy of the temporary dwelling, the applicant must also obtain a building permit for that dwelling and state health department approval. The manufactured home or mobile home shall be removed within 60 days of the expiration date of the temporary zoning permit or within 60 days of the issuance of a certificate of occupancy for the primary dwelling from the building department, whichever occurs first. Failure to comply with all of the terms and conditions of any zoning and building code shall result in immediate revocation of the temporary permit. There shall be no more than one manufactured home or mobile home used solely for temporary housing at any given time on any given parcel.

3.

Medical emergency housing. In the event of a medical emergency, a manufactured home may be used as temporary housing for immediate family members in the agricultural (A) district provided that the applicant can show a medical need for such housing and obtains approval from the zoning administrator. The applicant for a medical emergency housing permit shall present a demonstrated need for such housing, including but not limited to medical certificates, doctor's statements, etc. Such notice shall demonstrate a need for full time care. The applicant shall show that he or she is the owner of record of the tract of land on which the manufactured home is to be located and that the person(s) to occupy the manufactured home are members of his or her immediate family. For the purposes of this section, a member of the immediate family is defined as any person who is a natural or legally defined offspring, stepchild, spouse, parent, sibling, grandchild or grandparent of the owner. The application shall be filed with the zoning administrator for review. Before approval may be granted, the zoning administrator shall provide written notice to all adjacent property owners. A permit approved pursuant to this section may not be subsequently transferred to the heirs or assigns of the applicant. The property owner shall provide written notice to the zoning administrator confirming the continued need for the medical emergency housing to maintain such temporary permit every calendar year on or before January 31 to ensure compliance. Such temporary permit may be renewed on a five-year cycle. A renewal request requires the applicant to demonstrate a continued need for such housing, including but not limited to updated medical certificates, doctor's statements, etc. Such notice shall demonstrate a need for full time care. The applicant shall show that he or she is still the owner of record of the tract of land on which the manufactured home is located and that the person(s) occupying the manufactured home are the same members of his or her immediate family that was previously approved. The zoning administrator may at his or her discretion approve or deny such permit at any time should he or she believe any of the requirements of this chapter are not adhered to. The temporary housing shall not be used for rental purposes at any time. The temporary manufactured home must connect to the existing well and septic system serving the primary residence. Prior to occupancy of the temporary dwelling, the applicant must also obtain a building permit for that dwelling and state health department approval. The temporary home must be in place, a final inspection must be completed, and a certificate of occupancy must be issued within 120 days of the date granting approval for the temporary home. The manufactured home or mobile home shall be removed within six months of the expiration date of the temporary zoning permit or when the dwelling is no longer occupied by its approved occupant(s). Failure to comply with all of the terms and conditions of any zoning and building code shall result in immediate revocation of the temporary permit. There shall be no more than one manufactured home or mobile home used solely for temporary medical emergency housing at any given time on any given parcel.

4.

In every instance as described in this section, the manufactured home shall be placed in accordance with the provisions of this chapter and installed according to all applicable local and state building codes. Prior to the occupancy of any manufactured home as described in this section, a valid well and septic permit shall be obtained from the state department of health; and a final inspection authorizing occupancy shall be made by the building department. An entrance permit from the state department of transportation shall be obtained prior to the location of any new driveway.

(Amend. of 5-11-2009; Ord. of 11-6-2017(1))

Editor's note— Amend. of 5-11-2009 repealed the former § 3-24 and enacted a new § 3-24 as set out herein. The former § 3-24 pertained to more than one main building on a lot and derived from Ord. of 2-9-2004; Ord. of 2-14-2005.

A.

Plant materials. On a corner lot in any residential, single-family district, nothing that would materially impede the vision of operators of motor vehicles shall be erected, placed, planted or allowed to grow above a height of two and one-half feet above the elevation of the intersection of the center lines of the adjacent intersecting streets in the area bounded by the street lines of such corner lot and a line joining points on said street lines 50 feet from the point of their intersection.

B.

Signs. No sign, billboard, poster panel or similar structure shall be so placed or located as to materially impede the vision of operator at any intersection of public streets or intersection of a private road or driveway with a public street, the zoning administrator shall have the authority under this provision to require the removal or relocation of any sign, billboard, poster panel or similar structure found to be in violation of this section.

Also see applicable provisions of article 16, signs.

(Ord. of 2-9-2004; Ord. of 2-14-2005; Amend. of 5-11-2009)

Every building erected after the effective date of this chapter shall be located on a lot of record having frontage on an improved public street or road or having access thereto by way of an approved private street or road which is of sufficient width and character to provide access for service and emergency vehicles.

(Ord. of 2-9-2004; Ord. of 2-14-2005; Amend. of 5-11-2009)

No campground shall be used as a place of permanent residence, nor shall mobile homes be permitted within any campground.

(Ord. of 2-9-2004; Ord. of 2-14-2005; Amend. of 5-11-2009)

When used only in conjunction with construction work taking place on the site, temporary buildings, construction trailers and mobile or manufactured homes shall be permitted in any district, other than the Dragon Run Conservation District or Chesapeake Bay Resource Protection Area, during the period when construction work is in progress as evidenced by a valid building permit; such temporary facilities shall be removed immediately upon completion of the construction work.

Upon approval by the zoning administrator, a manufactured home may be occupied as a temporary residence during construction or renovation of a permanent residence on the site for a period of up to two years. An extension of such time period may be granted by the zoning administrator for good cause, provided that in any event such manufactured home shall cease to be occupied immediately upon completion of the construction work.

(Ord. of 2-9-2004; Ord. of 2-14-2005; Amend. of 5-11-2009)

Outdoor lighting, when provided as accessory to any use or to illuminate any sign or similar device, shall be located, directed or shielded so as not to shine directly on adjoining properties or to create a traffic hazard as a result of glare or similarity to or confusion with traffic signals, warning lights or lighting on emergency vehicles.

Also see applicable provisions of article 22, outdoor lighting.

(Ord. of 2-9-2004; Ord. of 2-14-2005; Amend. of 5-11-2009)

The occupancy of a building or premises by a caretaker or watchman for sleeping quarters shall not constitute a residential use with in the meaning of this zoning ordinance.

(Ord. of 2-9-2004; Ord. of 2-14-2005; Amend. of 5-11-2009)

Buildings designed to use the basement as dwelling space shall be designed with a minimum of one full story above average road or ground level nearest the building. For the purpose of this section dwelling space shall be defined as any space used for living purposes.

(Ord. of 2-9-2004; Ord. of 2-14-2005; Amend. of 5-11-2009)

No building shall be erected on any land and no change shall be made in the existing contours of any land, including any change in the course, width, or elevation of any natural or other drainage channel, in any manner that will obstruct, interfere with, or substantially change the drainage from such land to the detriment of neighboring lands.

(Ord. of 2-9-2004; Ord. of 2-14-2005; Amend. of 5-11-2009)

No building, structure, sign, merchandise, or other obstruction shall be located or constructed on any public right-of-way.

(Ord. of 2-9-2004; Ord. of 2-14-2005; Amend. of 5-11-2009)

No recreational vehicles shall be used for permanent living, sleeping, or other occupancy when parked or stored on a residential lot, or other location not approved for such use.

(Ord. of 2-9-2004; Ord. of 2-14-2005; Amend. of 5-11-2009)

House service lines and cables for electric power utilities, telephone and cable television service to residential uses shall be considered to be an accessory use under this zoning ordinance.

(Ord. of 2-9-2004; Ord. of 2-14-2005; Amend. of 5-11-2009)

Nothing in this zoning ordinance shall prevent the strengthening, repair or restoration to a safe and lawful condition any part of a building or structure declared unsafe or unlawful by order of an authorized county or stare official; provide, such building or structure lawfully existed prior to the issuance of the order.

(Ord. of 2-9-2004; Ord. of 2-14-2005; Amend. of 5-11-2009)

Cross reference— Buildings and building regulations, pt. I, ch. 10.