In order to accomplish the intent and purpose of this zoning ordinance and to further the objectives of the King and Queen County Comprehensive Plan, the following primary and special purpose zoning districts are hereby established:

A.

Primary zoning districts. All of the territory under the jurisdiction of King and Queen County are hereby classified into one of the primary zoning districts to be known as and cited as indicated in this subsection.

B.

Special purpose zoning districts. In addition to the primary zoning classifications, special purpose districts are established to be known and cited as follows:

C.

Nature of special purpose zoning districts. Once established, a special purpose zoning district supplements, modifies or extends the regulations of the primary zoning district or districts in which it is located. Regulations of the underlying primary zoning district that are not supplemented, modified or extended by other provisions of this ordinance shall continue to apply to property within an approved special purpose zoning district.

(Ord. of 8-14-2006(1); Amend. of 4-8-2013(2))

Permitted uses within each of the zoning districts are set forth in article 4. Site development regulations are located in article 5. Modifications to selected yard and bulk regulations are located in article 6.

(Ord. of 8-14-2006(1))

In order to accomplish the intent and purpose of this ordinance, an official zoning district map is hereby created which consists of 114 sheets plus a cover sheet together with all notations, dimensions and references.

A.

Establishment of official zoning district map. The location and boundaries of the zoning districts established by this ordinance are as indicated on the "Official Zoning District Map of King and Queen County, Virginia," identified by the signature of the chairman of the board of supervisors, attested to by the clerk, together with the date of adoption of this ordinance. Said map, together with all explanatory material contained therein and attached thereto, shall be deemed a part of this ordinance as if it were fully set forth herein.

Regardless of the existence of purported copies of the official zoning district map, which may from time to time be made or published, the official zoning district map, which shall be located in the office of the county administrator, shall be the final authority as to the current zoning status of property in the county.

(Ord. of 8-14-2006(1))

Whenever any amendment is made to the official zoning district map by action of the county board of supervisors, such change shall be incorporated onto said map at such time and in such manner as prescribed herein. Said changes shall be validated with reference to correct notation by the zoning administrator, who shall affix his signature thereto, thereby certifying that approved amendments to the official zoning district map have been correctly incorporated. The date of official action and nature of the change shall be entered on the map. Any such change shall have the effect of law at 12:01 a.m. on the day following its legal adoption or on its effective date, if such effective date is established by the board of supervisors as other than the day following its legal adoption, whether or not it has been shown on the official zoning district map. Amendments shall be recorded on the official zoning district map as soon as practicable after the effective date thereof.

(Ord. of 8-14-2006(1))

No changes of any nature shall be made on the official zoning district 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 official zoning district map. Violations of this provision shall be punishable as provided in article 21 of this ordinance.

(Ord. of 8-14-2006(1))

In the event that the official zoning district map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changed and additions, the board of supervisors may by ordinance adopt a new official zoning district map. The new official zoning district map may correct drafting or other errors or omissions in the prior official zoning district map, but no such correction shall have the effect of amending the original official zoning district map or any subsequent amendments thereof.

The new official zoning district map shall be identified by the signature of the chairman of the county board of supervisors, attested by the clerk, and bear the following words: "This is to certify that this official zoning district map was adopted on July 8, 1996 as part of the zoning ordinance of King and Queen County, Virginia." Unless the prior official zoning district map has been lost, or totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.

(Ord. of 8-14-2006(1))

A.

A district designation shown on the official zoning district map establishes that the regulations pertaining to the district so designated extend throughout the whole area bounded by the district boundary lines within which such designation is shown, except as otherwise provided by this section.

B.

Where uncertainty exists with respect to the boundaries of the various districts as shown on the official zoning district map, the following rules apply;

(1)

Where district boundaries are indicated as approximately following the centerlines of streets or highways, street lines, or highway right-of-way lines or extension of such lines, such centerlines, street lines or highway right-of-way lines or extension of such lines shall be construed to be such boundaries;

(2)

Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines and right-of-way lines of highways, such district boundaries shall be constructed as being parallel thereto and at such distance there from as indicated on the official zoning district map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the official zoning district map;

(3)

Where district boundaries are so indicated that they appear to follow lot lines or extension of lot lines, such lot lines or extension of lot lines shall be construed to be said boundaries, and the location of any lot line used as a district boundary shall be the location in existence as of the date of the ordinance establishing such boundary;

(4)

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

(5)

Where a discrepancy or uncertainty exists between a district boundary shown on the official zoning district map and that, which is described in the text of the ordinance establishing such boundary, text of the ordinance shall be the final authority.

C.

If no such distance, angle, curving description or other means is given to determine a boundary line accurately and the foregoing provisions do not apply, the boundary line shall be a property line or extension of a property line determined by the used of scale shown of the official zoning district map. In case of subsequent dispute, the matter shall be referred to the board of zoning appeals, which shall determine the boundary in accordance with the provisions of Section 15.2-2309 of the Code of Virginia.

(Ord. of 8-14-2006(1))

All areas within the county and under water are considered to be within a zoning district and controlled by applicable district regulations. District boundaries over water area are located by noted or scaled dimensions, by relation to physical features, by coincidence with county limits or by straight line projection of the district boundaries as indicated on the district maps. Straight-line district boundaries over water areas shall be assumed to continue as straight lines until they intersect with each other or with the county limit line.

(Ord. of 8-14-2006(1))

A.

Purposes of the agricultural (A) district. This district is designed to protect existing farms, forests, conservation areas and other types or rural uses; to encourage future development only when it promotes the preservation of the rural qualities of the county; and to provide for supportive commercial uses, along with necessary community facilities. The use restrictions and other regulations within the district are intended to reflect the importance of agriculture and forestry to the character and economy of the county and to discourage development of other uses, except where they promote the preservation of the rural qualities of the county.

Residential uses are permitted primarily: to accommodate farm families and workers; to provide opportunities for a limited number of independent home sites, while avoiding pressures for major residential subdivisions and strip development along highways.

B.

Purposes of the residential-rural (R-R) district. The purposes of the residential-rural (R-R) district is to provide for moderately low-density residential development together with accessory and support uses including recreational facilities and public service uses. The predominant development in this district is envisioned to be subdivisions of moderate density, including rural residential cluster subdivisions, which do not require a public water supply or public sewage systems.

C.

Purpose of the residential/single-family (R-S) district. The purposes of the "R-S" district are: (i) to accommodate residential communities of moderate density where public water and sewage systems are not available or of higher density where such utilities are available; (ii) to provide for the orderly development of the Mattaponi and York Rivers while protecting the waterfront and other environmentally-sensitive areas from the potentially harmful effects of development and, in general, establish a compatible relationship between development and the natural environment; (iii) to promote the clustering of residential development within the County in order to minimize strip development and promote the efficient use of land; (iv) to accommodate affordable housing for county residents; and (v) to permit community facilities such as parks, playgrounds, churches and schools in order to enhance the residential environment.

D.

Purposes of the residential, general (R-G) district. The purpose of the "R-G" is to provide a mixture of affordable housing types at moderate densities while maintaining compatibility with the rural environment of the County. Housing styles to be accommodated by this district included single-family homes, duplexes, town houses, apartment complexes and may also include innovated housing styles such as cluster homes and patio homes.

E.

Purposes of the limited business (LB) district. The purpose of the limited business "LB" district is to provide for small businesses that will serve nearby residential districts. The character of development should be compatible with residential surroundings. Traffic and parking congestion should be held to a minimum to protect the public safety while preserving neighborhood character and property values in the surrounding residential districts. This district may serve as a buffer between more intensive commercial development and residential or agricultural uses. The intent of the Limited Business district is to encourage the orderly development of administrative, non-retail businesses, and professional offices and supporting uses. Its secondary function is to serve as a transitional district between intensely developed business areas and less developed areas, particularly within the county's primary highway corridors. It is the expressed purpose of this district to foster campus like or business park development which displays features such as shared access, consistent architectural themes, and perimeter and interior landscaping.

F.

Purposes of the general business 1 (GB-1) district. The purpose of the "GB-1" district is to provide for the establishment of: (i) Low intensity retail and service businesses along major highways in order to provide day-to-day convenience shopping and service to the residents of the county; (ii) convenience stores, general stores and other appropriate retail/service establishments within village centers and in significant intersections of major roads at intervals within the county.

G.

Purposes of the general business 2 (GB-2) district. The purpose of the "GB-2" district is to encourage a wide variety of retail, service, and general business uses within concentrated areas at or near intersections along major thoroughfares in order to facilitate direct and convenient access to shopping and services by county residents and the motoring public. The "GB-2" district is intended to accommodate the primary business areas of the county, to promote orderly growth of commercial activities. The regulations of the district are intended to enable maximum flexibility of uses and development of business sites, while affording reasonable protection for adjacent residential and agricultural areas from potential adverse effects of the more intensive business uses.

H.

Purposes of the light industrial (LI) district. The purpose of the "LI" district is to provide appropriate locations for manufacturing uses, as well as related service and support uses, which involve minimal hazards and do not create significant amounts of smoke, noise, odor, dust or other potential public nuisance and which afford employment opportunities and economic development potential. The "LI" district may be located on primary highways within "Economic Development Corridors" established in the Comprehensive Plan to facilitate needed access. The permitted uses and yard, screening, buffering and separation requirements are intended to ensure compatibility with neighboring uses and to avoid negative influences on future agricultural, residential and business development in the county.

I.

Purposes of the industrial (I) district. The purpose of the "I" district is to provide an area for heavy commercial and industrial uses which may create some nuisance such as smoke, noise, odor, dust or other potential public nuisance, and which are not compatible with residential uses.

(Ord. of 8-14-2006(1); Amend. of 4-8-2013(2))

A.

Purposes of the airport safety overlay district. The purpose of the "AIR" district is for regulating and restricting the height of structures, land objects or natural growth located within and in the vicinity of the Middle Peninsula Regional Airport pursuant to regulations of the Federal Aviation Agency.

B.

Purposes of the Chesapeake Bay Preservation Area Overlay District. The Chesapeake Bay Preservation Area Overlay District is enacted to implement the requirements of Section 10.1-2100 et seq. of the Code of Virginia (The Chesapeake Bay Preservation Act). The intent of the board of Supervisors of King and Queen County, Virginia, and the purpose of the overlay district are to: (i) protect existing high quality state waters; (ii) restore all other state waters to a condition or quality that will permit all reasonable public uses and will support the propagation and growth off all aquatic life, including game fish, which might reasonably be expected to inhabit them; (iii) safeguard the clean waters of the commonwealth from pollution; (iv) prevent any increase in pollution; (v) reduce existing pollution; and (vi) promote water resource conservation in order to provide for the health, safety, and welfare of the present and future citizens of King and Queen County, Virginia.

C.

Purposes of the Dragon Run Conservation District. The purpose of the Dragon Run Conservation District (DRCD) is to protect and conserve fragile resource areas which perform valuable functions in their natural state and which are unsuitable for development and intense use. Areas to be designed as the "DRCD" primarily include wetlands and swamps but may include other areas deemed to be important for flood plain management, aquifer recharge, water storage, critical wildlife habitat, or similar functions.

D.

Purposes of the floodplain overlay district. The purpose of the floodplain overlay district 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:

(1)

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;

(2)

Restricting or prohibiting certain uses, activities, and development from locating within area subject to flooding;

(3)

Requiring all those uses, activities, and developments that do occur in flood-prone areas to be protected and/or floodproofed against flooding damage; and

(4)

Protecting individuals from buying land and structures which are unsuited for intended purposes because of flood hazards.

E.

Purposes of the planned unit development district. The purpose of the planned unit development (PUD) district is to encourage large-scale developments as a means of creating a superior living environment through unified planning and building operations, to encourage variety in housing and well-located community facilities, to protect the natural beauty of the landscape, to encourage preservation and more efficient use of open space, and to offer an opportunity for design flexibility and encourage innovations which may result in improved relationships between land uses of different types and between land uses and transportation facilities, while protecting existing and future development.

F.

Purpose of rural residential cluster district. The rural residential cluster (RRC) district is hereby created for the following purposes: (i) to encourage efficient and well-planned use of land; (ii) to encourage and promote the preservation of agricultural and forestall lands, other valuable resource areas and open spaces; (iii) to promote safety of travel by limiting the number of connections to public roads; and (iv) to preserve the rural visual qualities of the county.

(Ord. of 8-14-2006(1); Amend. of 4-8-2013(2))