In order to regulate and restrict the location and use of buildings and land for trade, industry, residence, and other purposes in accordance with the objectives of the comprehensive plan; to regulate and restrict the location, height, and size of buildings hereafter erected or structurally altered, the size of yards and other open spaces, and the density of population, the following zoning districts are hereby established:

(1)

Primary zoning districts. The entire territory under the jurisdiction of the county is hereby classified into one of the following primary zoning districts to be known and cited as indicated:

a.

A-C agricultural conservation district

b.

R-R rural residential district

c.

R-1 suburban residential district

d.

B-1 local business district

e.

B-2 general business district

f.

I industrial district

(2)

Special purpose zoning districts and protection areas. In addition to the primary zoning classifications, special purpose zoning districts and protection areas are established to be known and cited according to the following:

a.

PUD planned unit development district

b.

HP historic preservation district

c.

TCO transportation corridor overlay district

d.

CBPA Chesapeake Bay Protection Area

i.

RPA resource protection area

ii.

RMA resource management area

(3)

Special purpose district and protection area regulations, supplement, rather than replace, the regulations of the primary zoning districts that otherwise apply to the same land.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

For the purpose of reference hereafter in this chapter, unless specifically provided to the contrary, the term "residence district" shall include the agricultural conservation district, the rural residential district, and the suburban residential district. The term "business district" shall include all business districts; and the term "industrial district" shall include all the industrial districts.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

Such land and the district classification thereof shall be as shown on the map designated as the "Zoning District Map of King William County, Virginia," dated and signed by the chairman of the board of supervisors and attested by the clerk to the board of supervisors, upon adoption. The zoning district map, and all notations, dimensions, references, and symbols shown thereon pertaining to such districts shall be as much a part of this chapter as if fully described in this section and shall be filed as part of this chapter by the zoning administrator. The zoning district map shall be available for public inspection in the office of the zoning administrator. The zoning district map shall be marked: "Original copy not to be altered or removed from the zoning administrator's office except in the custody of the zoning administrator." This map together with subsequent applicable amendments shall be conclusive as to the current zoning status of land.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

In accordance with the Code of Virginia, § 15.2-2285, the zoning administrator shall cause the zoning district map to be updated as frequently as necessary to ensure that zoning data shown thereon are both accurate and current. Accordingly, all changes affecting the zoning district map that are approved by the board of supervisors shall be entered onto the original official zoning district map within not less than 60 days following the approval of such changes. After updating sections of the zoning district map, working prints of any updated section thereof upon which modifications have been made shall be inserted into all sets of the zoning district maps that are used for public viewing and administration.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

Informational copies of the zoning district map shall be made available for inspection at the office of the zoning administrator and such other locations as may be necessary or convenient. These maps shall be revised, as described in this article, to show changes in zoning district boundaries as officially approved. New streets, highways, subdivisions, major governmental installations, public lands and other major features shall be shown.

(b)

Drafting errors or omissions may be corrected, but no changes in zoning district boundaries may be made except to show amendments properly adopted by the board of supervisors.

(c)

Any person desiring a copy of any sheet of such zoning district map shall pay a reasonable fee as established by the zoning administrator for each copy thereof, to the appropriate county official. Such fees shall be applied to defray the cost of revising and printing of the district map.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

At least once every five years, the planning commission shall review the zoning regulations and the zoning district map for the following purposes:

(1)

To determine whether it is advisable to amend the regulations or the map, or both, and to bring them in accord with the objectives of the comprehensive plan;

(2)

To take advantage of new techniques or to encourage improved building practices which may have been developed and which may have application in the county;

(3)

To correct deficiencies or difficulties which may have developed in administration; or

(4)

For such other reasons as the planning commission may determine.

The commission shall submit reports on their findings and recommendations to the board of supervisors. In the preparation of their reports, the commission may consult with the county administrator, the director of planning, the zoning administrator, other officials in the county or a special advisory committee comprised of citizens of the county who they believe may contribute to the review. The planning commission may also request that special studies be made by the county staff and/or professional consultants to obtain such data and/or services as it may require subject to appropriations by the board of supervisors.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

A district name or letter-number combination shown on the district maps indicates that the regulations pertaining to the district designated by that name or letter-number combination extend throughout the whole area in the county bounded by the district boundary lines within which such name or letter-number combination is shown or indicated, except as otherwise provided by this section.

(b)

Where uncertainty exists with respect to the boundaries of the various districts as shown on the map accompanying and made a part of this article, the following rules apply:

(1)

In cases where a boundary line is given a position within a road, street or alley, navigable or unnavigable stream, it shall be deemed to be in the center of the right-of-way of the road, street, alley, or stream, and if the actual location of such road, street, alley or stream varies slightly from the location as shown on the district map, then the actual location shall control.

(2)

In cases where a boundary line is shown as being located a specific distance from a road or street line or other physical feature, this distance shall control.

(3)

Where the district boundaries shown on the zoning district maps approximately coincide with lot lines or county limit line, such lot lines or county limit line shall be construed to be the district boundary line unless otherwise indicated.

(4)

In cases where district boundaries as shown on the zoning district maps do not coincide or approximately coincide with road or street lines, alley lines or lot lines, and no dimensions are shown, the location of such district boundary lines shall be determined by the use of the scale appearing on the map.

(5)

If, because of error or omission in the zoning district map, any property in the jurisdiction of this chapter is not shown as being in a zoning district, such property shall be classified A-C agricultural-conservation district until changed by amendment.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

All areas within the county which are under water are considered to be within a zoning district and controlled by applicable district regulations. District boundaries over water areas are located by noted or scaled dimensions, by relation to physical features, by coincidence with county limits, or by a 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. No. 09-21R2, Att. A, 9-27-2021)

(a)

Intent of the A-C agricultural-conservation district. The A-C district is to encourage continued agricultural and forestal uses and preserve the natural beauty of rural areas of the county where urban services, such as sewer and water mains, are not planned. At the same time, the A-C district is intended to provide for limited residential development for those who choose to live in a rural environment and to protect this development where it occurs. In order to aid in reduction of access points and traffic hazards, wider lots and deeper front yards are required when fronting on major thoroughfares. In order to protect against premature subdivision of land and the formation of urban clusters where none are planned, major subdivisions are not intended in the A-C district.

(b)

Intent of the R-R rural residential district. The R-R district is to provide for very low-density residential development together with recreational facilities, public uses and accessory uses as may be necessary or are normally compatible with residential surroundings. Since substantial tracts of vacant land are or may be included in the R-R district, agricultural and open uses are expected to be intermixed with rural cluster subdivisions which emphasize conservation of agricultural and forestal lands. Major subdivisions with very low densities and no central water system are envisioned as the major development style of this R-R district, although slightly higher densities are acceptable where public water is provided for larger subdivisions.

(c)

Intent of the R-1 suburban residential district. The R-1 district is to provide for higher residential development together with recreational facilities, public uses, and accessory uses as may be necessary or are normally compatible with residential surroundings. Since substantial tracts of vacant land are or may be included in the R-1 district, agricultural and open uses are permitted, but in general, urbanization is planned, and utilities and public services exist or are planned which will be adequate for the types of development contemplated. While a major purpose of the R-1 district is to protect and conserve areas of predominantly single-family detached residences, other types of residences may be permitted in order to provide for a wide spectrum of housing needs, provided that these new units are of generally compatible architectural character and are located on tracts of sufficient size so that necessary amenities can be provided and harmonious relationships between residences of different types ensured by means of careful planning and the process of subdivision plat review and approval.

(d)

Intent of the B-1 local business district. The B-1 district is to provide primarily for retail shopping and personal service uses, to be developed either as a unit or in individual parcels, and to serve the needs of families living in the county or the needs of the traveling public on the highways. To enhance the general character of the B-1 district, its function of local service, and its compatibility with its surroundings, the size of certain uses is limited.

(e)

Intent of the B-2 general business district. The B-2 district is to provide sufficient space in appropriate locations for a wide variety of commercial and light industrial activities, serving a wide area of the county and generally located in or near development centers where a mixture of commercial and service activity now exists or is planned, but which uses are not characterized by extensive warehousing, frequent heavy trucking activity, or the nuisance factors of dust, odor, and noise, associated with medium or heavy industrial activity.

(f)

Intent of the I industrial district. The I district is to provide for a wide variety of manufacturing, fabricating, processing, wholesale distributing and warehousing uses appropriately located for access by highways and providing a controlled environment within which signage is limited, uses are to be conducted generally within completely enclosed buildings, and a moderate amount of landscaping is required. In order to preserve the land for industry, to reduce extraneous traffic, and avoid future conflicts between industry and other uses, business and service uses are limited primarily to those which will be useful to employees in the I district and residential uses are restricted.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(Ord. No. 09-21R2, Att. A, 9-27-2021; Ord. No. 08-22, 8-22-2022)

Adjustments and special provisions to lot area and dimensional regulations in the A-C zoning districts are as follows:

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

Requirements for lot area per family do not apply to dormitories, fraternities, sororities, and other similar living quarters which are accessory to a permitted use and which have no cooking facilities in individual rooms or apartments.

(b)

Requirements for lot area per family do not apply to rental units in a hotel, motel, motor lodge or rooms in a rooming house, boardinghouse, or lodging house or an accessory dwelling unit.

(c)

Multiple buildings on a single lot: More than one main building may be located upon a lot or tract only in the following instances:

(1)

Institutional buildings;

(2)

Public or semipublic buildings;

(3)

Multiple-family dwellings or condominiums under approved site plans;

(4)

Attached single-family dwellings with two times the required lot area for a single-family dwelling;

(5)

Convalescent or nursing homes for the aged; and

(6)

Tenant houses on a farm in accord with applicable district regulations.

(d)

The provisions of this section shall not be construed to allow the location or erection of any building or portion of a building outside of the buildable area of the lot.

(e)

Accessory buildings and structures shall not be constructed in a front yard on a lot that is less that five acres. One accessory building or structure may be constructed in a front yard on a lot that is five acres or more provided that the requirements for front yard setbacks in Article VI are met and the size of the accessory building or structure does not exceed 50 percent of the first floor area of the main dwelling, and not located directly in front of the primary dwelling, and in conformity with all other applicable provisions of this ordinance.

(f)

For any lots where the rear and side yards are located in the Resources Protection Area, one accessory building or structure may be located in a front yard in order to be located outside of the Resources Protection Area.

(Ord. No. 09-21R2, Att. A, 9-27-2021; Ord. No. 08-22, 8-22-2022)

(a)

Except for vegetation every part of a required yard shall be open from the ground upward, except as authorized by this article, and except ordinary projections of sills, belt courses, window air conditioning units, chimneys, cornices, and ornamental features which may project to a distance not to exceed 24 inches into a required yard.

(b)

Open space partially surrounded by buildings. Where an open space is more than 50 percent surrounded by a building, the minimum width of the open space shall be at least 20 feet for one-story buildings, 30 feet for two-story buildings, and 40 feet for three-story buildings.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

Where an official line has been established by an officially adopted detailed plan on file with the zoning administrator for the future widening or opening of a street or major thoroughfare upon which a lot abuts, then the depth of a front or side yard shall be measured from such official line to the nearest line of the building.

(b)

The depth of a building setback line for a particular lot is generally the same dimension as the required front yard of a zoning district except in cases where a greater setback line is approved for planned residential developments, cluster subdivisions, or for some unique subdivision design. In cases where a greater setback line is established on a subdivision plat pursuant to such approval, the setback line recorded on the subdivision plat shall be considered to be the minimum building setback line.

(c)

Unless otherwise provided in design standards, there shall be a required front yard setback of the side street of a corner lot in any district; provided, however, that the buildable width of a lot of record at the time of passage of this chapter shall not be reduced to less than 30 feet.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

Open, unenclosed porches, platforms, or paved terraces, not covered by roof or canopy and which do not extend above the level of the first floor of the building, may extend or project into a required side yard not more than six feet.

(b)

For the purpose of the side yard regulations, a group of office, business, or industrial buildings separated by common or party walls shall be considered as one building occupying one lot.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

Open or lattice-enclosed fire escapes, outside stairways, and balconies opening upon fire towers, and the ordinary projection of chimneys and flues may project into the required rear yard for a distance of not more than five feet, but only where the same or so placed as not to obstruct light and ventilation.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

The height limitations of this chapter shall not apply to:

(1)

Belfries, cupolas;

(2)

Chimneys, flues;

(3)

Church spires;

(4)

Conveyors;

(5)

Cooling towers;

(6)

Elevator bulkheads;

(7)

Fire and parapet walls extending no more than four feet above the roof;

(8)

Fire towers;

(9)

Flagpoles;

(10)

Ornamental towers and spires, domes or cupolas;

(11)

Public monuments;

(12)

Silos and grain dryers, tanks barns and farm-related buildings;

(13)

Smokestacks;

(14)

Stage towers or scenery lofts; and,

(15)

Water towers and standpipes.

(b)

Radio, microwave and television towers. In all commercial, industrial, and business districts, radio and television towers may be erected to a height not exceeding 125 feet. In all residential districts, such towers shall not exceed 25 feet above the highest point of the nearest building and shall be limited to noncommercial use.

(c)

Storage buildings. Buildings located in commercial or industrial zoning districts that are to be used for storage purposes only, may not exceed the height permitted in such districts.

(d)

Accessory buildings and uses. Except for farm dwellings, the maximum height of any accessory building cannot exceed 60 percent of the allowable maximum height of the principal residential building permitted in the zoning district in which the parcel resides.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

Except for camp cabins and summer cottages for seasonal occupancy, no lot shall be used in whole or in part for dwelling purposes unless such lots abuts upon a road in accordance with the minimum frontage requirements of this chapter. No lot or parcel of land abutting the terminus of a public road shall be deemed to comply with road frontage requirements unless such lot abuts on an approved permanent cul-de-sac.

(b)

Where lot lines are established radially from a curved street so as to increase the width of the lot with the distance from the street line, the frontage of such lots thus created may be reduced to not less than 70 percent of the lot width at the building line; and provided further, that the frontage of any lot located on the turnaround of a cul-de-sac (dead-end street) may be reduced to not less than 50 percent of the lot width.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

Nothing within this chapter shall be interpreted to prohibit condominiums as such by reason of form of ownership inherent therein. Neither shall any condominium be treated differently under any provision in this chapter which would permit a physically identical project or development under a different form of ownership.

(b)

All condominium projects or developments hereafter constructed shall comply with the provisions of this chapter.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

Parking and loading. Off-street parking and loading shall be provided for all uses in accordance with the requirements of article XIII of this chapter.

(b)

Landscaping. Any part of the lot or project area not used for buildings or other structures, parking, loading, and access ways, shall be maintained in a neat and orderly condition landscaped with grass, trees, shrubs, or pedestrian walks or maintained as crops or natural forest, or as a lake or pond and in accordance with the requirements of article XI of this chapter.

(c)

Drainage. Provision shall be made for proper stormwater drainage from parking and loading areas. Water shall not be permitted to drain from such areas onto adjacent property except into a natural watercourse or a drainage easement. Provision shall be made for protection against erosion and sedimentation in accord with applicable county ordinances.

(d)

Signs. When permitted in zoning districts, signs shall be in accordance with the regulations in article X of this chapter.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

Intent of the PUD planned unit development district. The PUD district is intended to provide for variety and flexibility in design necessary to implement the varied goals of the county as set forth in the comprehensive plan. Through a planned unit development district approach, the regulations of this division are intended to accomplish the purposes of zoning and other applicable regulations to the same extent as regulations of conventional districts. PUDs should be established in areas designated as mixed use, commercial use, or special planning areas on the future land use map and be established in areas with adequate infrastructure including roadway, water, sewer, and the like. Planned developments allow for a higher density of development for a more efficient use of the land. Other benefits of a planned development include less infrastructure costs, more efficient provision of public safety services, less environmental impact, and through the provision of affordable housing achieve significant economic and social integration.

(b)

Intent of the HP historic preservation overlay district. The HP overlay district is created for the purpose of promoting the general welfare, education, and recreational pleasure of the public, through the perpetuation of the character of those general areas or individual structures and premises that have been officially designated by the board of supervisors as having historic, architectural or cultural significance. These districts are intended to protect against destruction of or encroachment upon such areas, structures, and premises; to encourage uses which will lead to their continuance, conservation, and improvement in a manner appropriate to the preservation of the cultural, social, economic, political, architectural, or archeological heritage of the county; to prevent creation of environmental influences and uses adverse to such purposes; and to ensure that new structures and uses within such HP districts will be in keeping with the historic and cultural character to be preserved and enhanced.

(c)

Intent of the TCO transportation corridor overlay district. The TCO district is to provide for the orderly development of properties along primary highway frontages within the county, to reduce or prevent congestion in the public streets, provide convenience of access and to facilitate the creation of a convenient, attractive and harmonious community. The TCO district shall be in addition to and shall overlay on other zoning districts so that any parcel of land lying in the district shall also lie in one or more of the other zoning districts.

(d)

Intent of the CBPA. The area is enacted pursuant to and for the purpose of implementing the Chesapeake Bay Preservation Act and regulating the use of lands in King William County for the protection of water quality. While this is not a district, there are two areas identified. The Chesapeake Bay Resource Protection Area (RPA) and the Chesapeake Bay Resource Management Area (RMA) each have their own boundaries, criteria and restrictions to preserve and protect the Chesapeake Bay.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

Establishment.

(1)

The boundaries of an HP district shall in general be drawn to include:

a.

Areas containing historic landmarks as established by the Virginia Board of Historic Resources, and any other concentration, linkage or continuity of buildings, structures or places in which historic events occurred or having special public value because of notable architectural or other features relating to the cultural or artistic heritage of the community of such significance and integrity as to warrant conservation and preservation. The district may include either individual buildings or places of such character and a reasonable distance beyond to incorporate the contributing setting, or it may include areas or groupings of resources which have significance relative to their patterns of development or social and economic or architectural interrelationships even though some in the defined area might not possess significant merit when considered alone.

b.

Historic district boundaries may also be drawn to include any area of unique architectural value located within designated conservation, rehabilitation or redevelopment districts and land contiguous to arterial streets or highways, as designated under Title 33.1 of the Code of Virginia, 1950, as amended, found by the governing body to be significant routes of tourist access to the locality or to designated historic districts, landmarks, buildings or structures.

c.

Any other concentration, linkage or continuity of buildings, structures or places in which historic events occurred or having special public value because of notable architectural or other features relating to the cultural or artistic heritage of the community of such significance and integrity as to warrant conservation and preservation.

d.

Any land contiguous to arterial streets or highways and found by the board of supervisors to be significant routes of tourist access to the locality or to designated historic districts, landmarks, buildings or structures.

(2)

The boundaries of a historic district shall conform to the boundaries of individual lots of record to the extent possible. Where a street is proposed as a historic district boundary, the edge right-of-way adjoining the district shall be deemed the district boundary.

(3)

HP districts may be established by the board of supervisors when such designation of historic sites would serve the purposes of this division, as stated in section 86-100.

(4)

HP districts shall be established in the same manner and by the same procedures set forth for zoning districts provided for in this chapter, unless such procedures are qualified by requirements of this division.

(5)

Applications for the creation of an HP district may be made by resolution of the county board of supervisors or the county planning commission, or by application of property owners within the proposed HP district. The application shall contain information prescribed by the zoning administrator. A property owner may petition the board of supervisors for initiation of an HP district application including properties not owned by the petitioner. The historic preservation architectural review board (HPARB) may also petition for initiation of an application.

(6)

The historic preservation overlay districts (HP) are adopted as follows:

a.

Chelsea Plantation: Parcels 57-2 and 57-2B, Spotswood Subdivision and any future divisions therefore found on the tax map, section 57.

b.

Elsing Green Plantation: A portion of parcel 51-15 extending to a width of 1,200 feet to the north and the south from the center of the private entrance to the plantation perpendicular to Route 632 and for a depth that runs to the parcel 51-15 property line at the Pamunkey River and any future division thereof as found on the tax map, section 51.

c.

King William Courthouse: Parcels 37-75, 37-76A, 37-76B, 37-77, 37-78, 37-78A, 37-80, 37-87, portion of parcels 37-75B and 37-76 extending for a depth of 600 feet on the west side of State Highway 30, the portion of parcels 37-81, 37-102 and 37-102A extending to a depth of 600 feet on the east side between State Highway 30 and Route 1301, and any future divisions thereof as found on the tax map, section 37.

d.

Mangohick Church: Parcels 11-48, 11-48A, 11-63A, 11-63B, 11-66, 11-67, 11-68, 11-69, 11-69A, 11-71, 11-73A, the portion of Parcel 11-63 to the east of Parcel 11-63B, and any future divisions thereof found on the tax map, section 11; Divisions 11-B-1, 11B-5.

e.

Seven Springs: Parcel 26-3 and any future division thereof as found on tax map, section 26.

f.

St. John's Church: Parcels 54-65, 54-66, 54-67, and a portion of parcel 54-64 on the east side of State Highway 30 and any future divisions thereof as found on the tax map, section 54; Portion of parcel 55-1 extending for 600 feet in depth on the east side of State Highway 30 and any future divisions thereof as found on tax map, section 55.

g.

Sweet Hall Plantation: Parcels 61-10, 61-11, 61-11A, 61-11B, 61-11C, 61-11D and the portion of parcel 61-8 extending 600 feet from Route 634 and any future divisions thereof as found on the tax map, section 61.

(7)

Regulations generally:

a.

No historic landmark, structure, building, or sign, within an HP district shall be erected, reconstructed, substantially altered, moved, razed, destroyed or restored in an HP district until the plans for such shall have been approved by the historic preservation and architectural review board (HPARB), and a certificate of approval issued. This requirement shall not apply to regular maintenance functions but shall apply to reconstruction, restoration or new construction and shall not apply to reconstruction, restoration or improvements that are solely to the interior of structures. The term "signs" shall be deemed to include those located within a building or structure which are, plainly visible from a public street, way or place.

b.

The HPARB may, after reviewing the application in any case involving only reconstruction or restoration, waive part or all of the requirements of this section upon a written finding that the application involves reconstruction or restoration only, will not materially affect the exterior appearance of the structure, and will not have an adverse impact on the character of the historic site. This decision of waiver shall constitute a final decision of the HPARB and shall be appealable to the county board of supervisors.

c.

All uses permitted by the district of which the HP district is overlaid shall be permitted, with the exception of the following uses which are prohibited:

1.

All industrial uses found in the I district with the exception of offices, restaurants, and light retail uses.

2.

Automobile dealership.

3.

Salvage and scrap service.

4.

Gasoline station.

5.

Automobile repair service.

6.

Laundromats.

7.

Lumber and building supply stores.

8.

Warehousing and distribution.

9.

Recreational vehicle sales and service.

10.

Non-accessory general advertising signs.

11.

Multi-family dwellings.

12.

Single-wide and double-wide manufactured homes.

(b)

Certificate of approval.

(1)

No activity regulated by this division shall be commenced within a designated HP district unless and until a certificate of approval shall have been issued by the HPARB, as provided in this division. No certificate of approval shall be required in cases of buildings primarily used or to be used for agricultural or horticultural purposes in which the requested change would not have a clear and substantial detrimental impact on the character of the HP district as determined by the HPARB.

(2)

Any party aggrieved by the determination of the HPARB may appeal to the board of supervisors.

(c)

Applications and procedures for certificate of approval.

(1)

Applications for certificates of approval shall be made to the zoning administrator on forms supplied by the zoning administrator. The zoning administrator shall refer all applications to the HPARB.

(2)

Changes, additions, and deletions to historic preservation boundary districts shall be preceded by at least one public hearing held by the HPARB at which time any interested party, including the applicant or his representative, shall be heard. The applicant shall provide any additional information requested by the HPARB.

(3)

All approvals or disapprovals by the HPARB shall include a statement of the reasons for such action. The HPARB may approve the application, approve the application with conditions or deny the application. In the case of denial, the HPARB may make recommendations to the applicant.

(4)

No substantially similar application for a certificate of approval shall be accepted by the zoning administrator within 12 months of denial of an application by the HPARB.

(5)

A certificate of approval shall be null and void 12 months after the date on which it was issued unless within such period the work authorized by the HPARB is commenced or an extension is granted by the HPARB.

(d)

Review of applications for rezoning, land division, conditional use permits; special exceptions and variances. The HPARB shall review all applications for rezoning, land division, conditional use permits, special exceptions, or variances proposed within an HP district and may make recommendations thereon to the board or commission charged with the issuance of such rezoning, land division, conditional use permit, special exception, or variance.

(e)

Criteria for approval of certificate application.

(1)

The HPARB shall review each completed application for a certificate of approval. In reviewing such applications for the erection, construction, reconstruction, remodeling, exterior alteration, razing, demolition, moving or restoration of a building or structure, the HPARB shall not consider interior arrangement or features not subject to any public view and shall not make any requirements except for the purpose of preventing developments incompatible with the purposes of the HP district. The HPARB shall use the latest edition of the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Structures published by the U.S. Department of the Interior and shall consider the following in determining the appropriateness of the issuance of a certificate of approval:

(2)

The exterior architectural features, including all signs incorporated in such construction, which are subject to public view from a public street, way or place;

(3)

The general design, arrangement, texture, material, color, and fenestration of the building or structure and their relation to similar features of buildings or structures in the HP district;

(4)

The extent to which the construction or alteration of the building or structure would be harmonious with or architecturally incompatible with the character of the HP district;

(5)

The extent to which the construction or alteration of the building or structure promotes the purpose of the HP district; and

(6)

The extent to which denial of a certificate of approval would constitute a deprivation to the owner of a reasonable use of his property.

(7)

In reviewing an application for a certificate of approval for a permit for the razing or demolition of a historic landmark, building, structure or improvement, the HPARB shall, in addition to the applicable factors stated in subsection (a) of this section, review the circumstances and the condition of the structure or part proposed and shall report its finding based on consideration of any or all of the following criteria:

a.

Whether the landmark, building, structure or improvement is of such architectural or historical interest that its removal would be to the detriment of the public interest.

b.

Whether the landmark, building, structure or improvement is of such old and unusual or uncommon design, texture, and material that it could be reproduced only with great difficulty.

c.

Whether retention of the landmark, building, structure or improvement would help preserve and protect a historic site.

(8)

In reviewing a certificate of approval application for a permit to move or relocate an historic landmark, building, or structure, the HPARB shall consider the following criteria:

a.

Whether the proposed relocation would have a detrimental effect on the structural soundness of the landmark, building, structure, or improvement.

b.

Whether the proposed relocation would have a detrimental effect on the character of the HP district.

c.

Whether relocation would provide new surroundings which would be harmonious with or incongruous to the historical and architectural aspects of the landmark, building, structure, or improvement.

(f)

Appeals.

(1)

Any applicant or any owner of property located within the particular HP district in question, when aggrieved by a decision of the HPARB, may, as allowed by the Code of Virginia, § 15.2-2306, appeal such decision to the board of supervisors, which shall review the determination of the HPARB.

(2)

Any applicant or owner of property located within the particular HP district in question, when aggrieved by a final decision of the board of supervisors, may appeal its decision to the circuit court in accordance with the Code of Virginia, § 15.2-2306.

(g)

Razing or demolition.

No historic landmark or contributing building or structure, which accompanies this chapter shall be partly or fully demolished until a certificate of appropriateness is issued by the HPARB, with right of direct appeal from an adverse decision to the board of supervisors, as hereinafter provided. An appeal for final decision by the board of supervisors shall be automatic and mandatory in the case of approval of the demolition of a building or structure so designated as a landmark. The zoning administrator may approve the demolition of a building or structure within the historic district(s), which has not been designated either as a landmark or contributing structure on said inventory map.

The HPARB shall consider the following criteria in determining whether or not to grant a certificate of appropriateness for razing or demolition:

(1)

Whether or not the historic landmark, contributing building or structure is of such architectural or historic significance that its removal would be to the detriment of the public interest, to education, cultural heritage, the architectural history of the locality and would cause a loss of a visual tangible demonstration of local history and the social and artistic pattern of community development and planning.

(2)

Whether or not the contributing building or structure is of such interest or historic significance that it would qualify as a national, state, or local historic landmark through individual listing on the Virginia Landmarks Register or National Register of Historic Places.

(3)

Whether or not the historic landmark, contributing building or structure embodies the distinctive characteristics of a type, period, style, method of construction, represents the work of a master, possesses high artistic values or represents a significant or distinguishable entity whose components may lack individual distinction or whether the resource is associated with events that have made a significant contribution to the broad pattern of history or is associated with significant persons.

(4)

Whether or not retention of the historic landmark, contributing building or structure would help to preserve and protect a historic or architecturally significant place, the quality of life and pride of place or area of historic interest in the locality and promotes the purposes and intent of historic district zoning including tourism.

(5)

Whether or not the historic landmark, contributing building or structure has retained integrity or authenticity of its historic identity of design, materials, workmanship, setting, location, association and feeling and whether its unusual design, quality and workmanship of traditional materials and details of character defining features could be easily produced.

(6)

Whether the proposed razing or demolition will affect the archaeological potential to yield information important to prehistory or history at this site.

(h)

Razing or demolition when certificate of approval denied.

(1)

In accordance with the Code of Virginia, § 15.2-2306 A., addition to the right of appeal set forth in this division, the owner of a historic landmark, building, structure or improvement, the razing or demolition of which is subject to the restrictions of the HP district, shall, as a matter of right, be entitled to raze or demolish such landmark, building, or structure, provided that:

a.

Applicant has applied to the board of supervisors for such right.

b.

The owner has, for the period of time, set forth in the schedule set out in this section and at a price reasonably related to its fair market value, made a bona fide offer to sell such landmark, building, or structure, and the land pertaining thereto, to such county or municipality or to any person, firm, corporation, or government agency thereof, which gives reasonable assurance that it is willing to preserve and restore the landmark, building, or structure and the land pertaining thereto.

c.

No bona fide contract, binding upon all parties thereto, shall have been executed for the sale of any such landmark, building, or structure, and the land pertaining thereto, prior to the expiration of the applicable time period set forth in the time schedule contained in this section.

d.

The time schedule for offers of sale shall be six months.

(2)

The fact that an appeal has been made to the county circuit court from a decision of the board of supervisors shall not affect the right of the owner to make the bona fide offer to sell referred to in subsection (b) of this section. No offer to sell shall be made more than one year after a final decision by the board of supervisors, but thereafter the owner may renew his request to approve the razing or demolition of the historic landmark, building, or structure. The time schedule for offers to sell shall be in accordance with the Code of Virginia, § 15.2-2306.

(i)

Moving or relocation. No building or structure officially designated as a historic landmark or contributing building or structure within the district on the inventory map which accompanies this chapter shall be moved or relocated unless the same is approved by the HPARB and a certificate of appropriateness issued with right of direct appeal of an adverse decision to the board of supervisors shall be automatic and mandatory in the case of approval of the moving or relocation of a building or structure so designated as a historic landmark. The zoning administrator may approve the moving or relocation of the building or structure within the historic district, which has not been designated either as a historic landmark, contributing building or structure on said inventory map.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

Establishment. For the purposes enumerated in section 86-100, a special overlay zoning district is hereby established to be known as the transportation corridor overlay (TCO) district.

(b)

Boundaries. The boundaries of the TCO district are hereby established on the county's zoning district map and made a part of the applicable regulations for all properties shown on the zoning district map. The TCO district boundaries are defined as follows:

(1)

Route 360. Properties with frontage on U.S. Highway 360 for its entire length through the county and extending 750 feet on either side from the centerline of such highway or to the depth of the property, whichever is less; and,

(2)

Route 30. Properties with frontage on State Highway 30, for its entire length through the county and extending 500 feet on either side from the centerline of State Highway 30, or to the depth of the property, whichever is less.

(c)

Applicability. Regulations in the TCO district shall apply to all sites developed, redeveloped, or expanded after the establishment of the district. The district shall not apply to those sites developed prior to its establishment, unless there is an expansion of floor area in excess of a cumulative total of 50 percent or 5,000 square feet, whichever is less. A one-time expansion consisting of 1,200 square feet or less of additional floor area shall be exempt from the requirements of the TCO district.

(d)

Permitted uses. Permitted uses in the TCO district are uses permitted in the underlying primary zoning.

(e)

Standards of development. All applications for development or redevelopment in the TCO district except those exempted by section 86-136(c) must satisfy the following standards as well as applicable provisions of article XVII of this chapter (site plans).

(1)

Frontage landscaping. Along the property's border on U.S. Highway 360 or State Highway 30, a buffer shall be provided as follows:

a.

A landscape buffer of at least 25 feet in width shall be landscaped with at least one deciduous tree, at least two inches in caliper measured six inches from the ground when planted, with branching no closer than five feet to the ground, or one evergreen tree, at least six feet in height when planted, for each 50 feet of lineal frontage; as well as at least one shrub, at least 18 inches in spread when planted, for each 30 feet of lineal frontage, planted and maintained at 24 inches in height or lower; and other ground cover reasonably dispersed throughout the buffer.

b.

Vegetation planted in the buffer shall be of a type and/or positioned so as to not interfere with overhead or underground utility lines when fully grown.

c.

All landscaping shall be installed in accord with good horticultural practices. The owner of the property shall be responsible for the maintenance, repair, and replacement of all required landscaping materials. All plant materials shall be maintained in a healthy, growing condition and free from refuse and debris at all times. All unhealthy, dying, or dead plant materials shall be replaced during the next planting season.

d.

The buffer shall adhere to all sight distance requirements as determined by VDOT.

e.

An additional buffer of ten feet along the property's frontage shall be preserved for future road or pedestrian improvements.

(2)

Buffers. Buffers shall be provided in accordance with the requirements of section 86-294.

(3)

Screening, loading, and storage. Screening shall be required in accordance with the requirements of section 86-295. Loading docks shall be provided at the side or rear only. All outside storage shall be located only in the rear or side yard and shall be screened from view at the property line from a public road or adjoining A-C, R-R, or R-1.

(4)

Installation of landscaping. Required landscaping shall be installed in accordance with the requirements of section 86-293.

(5)

Access. Each B-1, B-2, or I development site shall be limited to one point of access for every 500 feet of frontage on U.S. Highway 360 or State Highway 30. To the extent feasible, parking areas shall be arranged so that circulation among or between various businesses can be accomplished without reentering a primary public highway. A-C, R-R, or R-1 parcels subdivided after the effective date of this section shall be required to share a single entrance on U.S. Highway 360 or State Highway 30.

(6)

Building exteriors. Building exteriors visible from U.S. Highway 360 or State Highway 30 shall be approved by the Zoning Administrator.

(7)

Roofs. Roofing materials shall consist of wood, tin, copper, slate, terra cotta, standing seam metal or dimensional fiberglass shingles. Pitched roofs shall be provided wherever practicable, and any flat roof shall have a parapet wall to screen from view at ground level at the property line the flat roof and any roof mounted equipment.

(8)

Architectural. All principal buildings within a single development project shall have a complementary architectural appearance with the use of similar building materials, scale, color and other architectural features.

(9)

Signs. All business identification signs shall be monument signs not to exceed 15 feet in height for individual businesses and 20 feet in height for businesses with multiple tenants. Pole signs and free-standing signs shall be prohibited. Electronic or digital signage, as permitted pursuant to article X, shall be equipped with a device to automatically dim the brightness during night or low-light conditions.

(10)

Lighting. Any on-site lighting shall be "shoe-box" style lighting fixtures, or equivalent, to conceal the lighting source and minimize spillover or glare on adjoining properties. Any lighting used under canopies shall be recessed to minimize glare. Lighting shall be reduced to no more than a security level following close of daily operations.

(11)

Underground utilities. Utility lines, including, but not limited to, electric, CATV, and telephone, shall be placed underground. This requirement applies to lines serving individual sites within the development as well as utility lines providing service to the development. Existing overhead utility lines may be extended to a terminal pole at the property line, as needed, and thence placed underground.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

Applicability. The requirements of this article shall apply to all development and redevelopment involving land disturbance, the creation of a construction footprint or a change in an existing construction footprint. Agricultural activities and silvicultural activities are subject to the specific provisions applicable to those activities, as noted herein.

(b)

Chesapeake Bay Resource Protection Area (RPA) boundaries. Resource protection areas or "RPAs" shall consist of:

(1)

Tidal wetlands;

(2)

Non-tidal wetlands connected by surface flow and contiguous to tidal wetlands or water bodies with perennial flow;

(3)

Tidal shores;

(4)

A vegetated buffer area not less than 100 feet in width located adjacent to and landward of the components listed above, and along both sides of any water body with perennial flow. The full buffer area shall be designated as the landward component of the RPA notwithstanding the presence of permitted uses, encroachments, and permitted vegetation clearing in compliance with this article.

(c)

Chesapeake Bay Resource Management Area (RMA) boundaries. The resource management area or "RMA" shall be provided contiguous to the entire inland boundary of the RPA and shall include all lands within the County not otherwise designated as an RPA.

(d)

Chesapeake Bay Preservation Area maps to be maintained; site-specific delineation. The director shall maintain maps generally locating identified Chesapeake Bay Preservation Areas (CBPAs). These maps are not conclusive evidence of inclusion or exclusion, and therefore, each applicant shall provide either the certification referred to in section 86-137(j), or a reliable, site-specific evaluation and delineation prepared by a qualified professional. Such delineation shall be in accordance with the latest edition of guidance documents issued by the Chesapeake Bay Local Assistance Board and acceptable to the director. Such delineation or certification shall include all information requested by the director, to supplement the application for approval of construction plans, land disturbance permit, building permit, site plan or subdivision plat, or with the water quality impact assessment.

(e)

Use regulations. Permitted uses, special permit uses, accessory uses and special exceptions shall be as established by the underlying zoning district unless specifically modified by the requirements set forth herein.

(f)

Lot size. Lot size shall be subject to the requirements of the underlying zoning district(s), provided that any lots shall have sufficient area outside the RPA to accommodate an intended development, in accordance with the standards in the section titled General performance criteria for CBPA, when such development is not otherwise allowed in the RPA.

(g)

General performance criteria for Chesapeake Bay Preservation Area. Any use, development or redevelopment of land within the CBPA shall meet the following performance criteria:

(1)

No more land shall be disturbed than is necessary to provide for the proposed use or development.

(2)

The limits of land disturbance, development or redevelopment, including clearing or grading, shall be strictly defined by the construction footprint shown on the approved building permit, site plan, subdivision plat or water quality impact assessment. These limits shall be clearly shown on all plans and physically marked on the development site prior to any clearing or grading.

(3)

Ingress and egress to any site during construction shall be limited to one access point, unless otherwise approved by the director.

(4)

Notwithstanding any other provisions of this article or exceptions or exemptions, any land disturbing activity exceeding 2,500 square feet, including construction of single-family houses, septic tanks and drainfields, shall comply with the erosion and sediment control requirements of state law. Any such proposed development shall be the subject of a land disturbance permit, certification, building permit, site plan, subdivision plat or water quality impact assessment found by the director to be consistent with this article.

(5)

Indigenous vegetation shall be preserved to the maximum extent practicable consistent with the use or development proposed.

(6)

Diseased trees or trees weakened by age, storm, fire or other injury may be removed.

(7)

Clearing shall be allowed only to provide necessary access, construction of improvements, positive site drainage, water quality best management practices, and the installation of utilities, as approved by the director.

(8)

Prior to clearing or grading, suitable protective barriers, such as safety fencing, shall be erected five feet outside of the dripline of any tree or stand of trees to be preserved. These protective barriers shall remain so erected throughout all phases of construction. The storage of equipment, materials, debris, or fill shall not be allowed within the area protected by the barrier.

(9)

Land development shall minimize impervious cover consistent with the use or development proposed. Unless otherwise approved by the director, grid and modular pavements that promote infiltration shall be used for any required parking area, alley, or low traffic driveway.

(10)

All sewage disposal systems, except those requiring a Virginia Pollutant Discharge Elimination System permit, shall comply with the following:

a.

Systems shall be pumped out at least once every five years, unless the owner submits documentation, certified by a sewage handler permitted by the Virginia Department of Health, that the septic system has been inspected, is functioning properly, and the tank does not need to have the effluent pumped out of it. As an alternative to the mandatory pump-out or documentation, a plastic filter approved by the health department may be installed and maintained in the outflow pipe from the septic tank to filter solid material from the effluent. Such a filter shall satisfy standards established in the sewage handling and disposal regulations administered by the Virginia Department of Health.

b.

A reserve sewage disposal site with a capacity at least equal to that of the primary sewage disposal site shall be provided on each lot or parcel proposed for new construction. This reserve sewage disposal site requirement shall not apply to any lot or parcel recorded prior to October 1, 1989, if the lot or parcel, as determined by the local health department, is not sufficient in capacity to accommodate a reserve sewage disposal site.

(11)

Building or construction of any impervious surface shall be prohibited on the area of all sewage disposal sites until the development is served by public sewer or an on-site sewage treatment system that operates under a permit issued by the state water control board.

(12)

For stormwater management, any land disturbance, development or redevelopment shall comply with all stormwater management criteria of the Virginia Stormwater Management Regulations contained in the Code of Virginia. The following stormwater management options shall be considered to comply with the requirements of this section:

a.

Incorporation on the site of best management practices that achieve the required control.

b.

Compliance with a site-specific Virginia Pollution Discharge Elimination System permit issued by the Virginia Department of Environmental Quality, provided that the director determines that the permit requires measures that collectively achieve water quality protection equivalent to that required by this subsection.

c.

Any maintenance, alteration, use of, or improvement to an existing structure which does not degrade the quality of surface water discharge, as determined by the director, may be exempted from the requirements of this subsection.

d.

Where utilization of best management practices requires regular or periodic maintenance, such maintenance shall be ensured through a maintenance agreement or other mechanism approved by the director which achieves an equivalent objective.

(h)

Agricultural activities. Land upon which agricultural activities are being conducted, including but not limited to crop production, pasture, and dairy and feedlot operations, shall have a soil and water quality conservation assessment conducted that evaluates the effectiveness of existing practices pertaining to soil erosion and sediment control, nutrient management, and management of pesticides, and, where necessary, results in a plan that outlines additional practices needed to ensure that water quality protection is being accomplished consistent with the act and regulations, approved by the soil and water conservation district board.

(i)

Development criteria for resource protection areas (RPAs).

(1)

Restriction. Land development within an RPA may be allowed pursuant to this article when such development either is water-dependent, constitutes redevelopment, is a new use established pursuant to a permitted encroachment, is a road or driveway crossing, or is a flood control or stormwater management facility, and when such proposed development satisfies the conditions set forth below:

a.

A water quality impact assessment is approved;

b.

For a new or expanded water-dependent facility, demonstration that:

1.

The development of the facility does not conflict with the King William County Comprehensive Plan;

2.

The development complies with the performance criteria of this article;

3.

Any nonwater-dependent component is located outside of RPAs; and

4.

Access to the water-dependent facility will be provided with minimum disturbance necessary. Where practicable, a single point of access is provided.

c.

For redevelopment, there is no increase in the amount of impervious cover and no further encroachment within the RPA, and there is conformance with all applicable federal, state and county erosion and sediment control and stormwater management laws and with the regulations.

d.

For nonexempt roads and driveways, each of the following conditions is met:

1.

The director finds that there are no reasonable alternatives to aligning the road or driveway in or across the RPA;

2.

The proposed alignment, design and construction of the road or driveway is optimized to minimize encroachment in the RPA and adverse effects on water quality; and

3.

The design and construction of the road or driveway conform to all applicable criteria of this article, including submission of a water quality impact assessment; and

4.

The director reviews the plan for the proposed road or driveway in coordination with construction plan, land disturbance, site plan, subdivision or building permit approvals, and finds that the plan is consistent with this article.

e.

For flood control and stormwater management facilities that drain or treat water from multiple development projects or from a significant portion of a watershed;

1.

The director establishes that location of the facility within the RPA is the optimum location;

2.

The size of the facility is the minimum necessary to provide necessary flood control or stormwater treatment, or both;

3.

The facility is consistent with a stormwater management program that has been approved by the Chesapeake Bay Local Assistance Board as a phase I modification to the county's program;

4.

All applicable permits for construction in state or federal waters have been obtained from the appropriate state and federal agencies;

5.

Approval has been received from the director prior to construction; and

6.

Maintenance agreements in a form and with content acceptable to the director have been executed, to allow the county to perform routine maintenance on such facilities to assure that they continue to function as designed. This subsection shall not be construed to allow a best management practice to be located within the RPA that collects and treats runoff from only an individual lot or portion thereof.

(2)

Buffer area requirements.

a.

The 100-foot wide buffer area shall be the landward component of the RPA. Notwithstanding permitted uses, encroachments, and vegetation clearing, as set forth in this article, the l00-foot wide buffer area shall not be reduced in width. To minimize the adverse effects of human activities on the other components of the RPA, state waters, and aquatic life, a 100-foot wide buffer area of vegetation that is effective in retarding runoff, preventing erosion, and filtering nonpoint source pollution from runoff shall be retained if present and established where it does not exist.

b.

The 100-foot wide buffer area shall be deemed to achieve a 75 percent reduction of sediments and a 40 percent reduction of nutrients.

c.

Where land uses such as agriculture or silviculture within the buffer area cease and the lands converted to other uses, the full 100-foot wide buffer shall be reestablished. In reestablishing the buffer, measures shall be taken to establish woody vegetation that assures the required buffer functions.

d.

Permitted encroachments into the buffer area:

1.

When providing the buffer area would result in the loss of a buildable area on a lot or parcel recorded prior to October 1, 1989, encroachments into the buffer area may be allowed by the director in accordance with the following criteria:

i.

Encroachments shall be the minimum necessary to achieve a reasonable buildable area for a principal structure and necessary utilities;

ii.

A vegetated area is established elsewhere on the lot or parcel, if practicable, that is equal to the area of encroachment into the buffer and will mitigate the effects of the encroachment;

iii.

The encroachment does not extend into the seaward 50 feet of the buffer.

2.

When providing the buffer area would result in the loss of a buildable area on a lot or parcel recorded between October 1, 1989 and March 1, 2002, encroachments into the buffer area may be allowed by the director in accordance with the following criteria:

i.

The lot or parcel was created as a result of a legal process conducted in conformity with the subdivision article;

ii.

Conditions or mitigation measures imposed through a previously approved exception are met;

iii.

Any previously required best management practice (BMP) continues to function effectively or, if necessary, is reestablished or repaired and maintained; and

iv.

The three criteria set forth previously for permitted encroachments also are met.

3.

Permitted modifications of the buffer area:

i.

Vegetation in the buffer area may be removed only as approved by the director pursuant to an application and a plan submitted for such removal and only to provide for reasonable sight lines, access paths, general woodlot management, and best management practices as follows:

(A)

Trees may be pruned or removed as necessary to provide for sight lines and vistas, provided that were removed, they shall be replaced with other vegetation that is equally effective in retarding runoff, preventing erosion, and filtering pollution from runoff;

(B)

Any path is constructed and surfaced so as to effectively control erosion;

(C)

Dead, diseased, or dying trees or shrubbery and noxious weeds (such as Johnson grass, kudzu and multiflora rose) may be removed and thinning of trees may be allowed pursuant to sound horticultural practices;

(D)

For shoreline erosion control projects, trees and woody vegetation may be removed, necessary control techniques employed, and appropriate vegetation established in accordance with the best available technical advice and applicable permit(s).

ii.

On agricultural lands the agricultural buffer area shall be managed in a manner approved by the staff of the soil and water conservation district board to prevent concentrated flows of surface water from breaching the buffer area and noxious weeds (such as Johnson grass, kudzu, and multiflora rose) from invading the buffer area. Agricultural activities may encroach into the buffer area as follows:

(A)

Agricultural activities may encroach into the landward 50 feet of the 100-foot wide buffer area when at least one agricultural best management practice which, in the opinion of the local soil and water conservation district board, addresses the more predominant water quality issue on the adjacent land-erosion control or nutrient management—is being implemented on the adjacent land, provided that the combination of the undisturbed buffer area and the best management practice achieves water quality protection, pollutant removal, and water resource conservation at least the equivalent of the 100-foot wide buffer area. If nutrient management is identified as the predominant water quality issue, a nutrient management plan, including soil tests, must be developed consistent with the Virginia Nutrient Management Training and Certification Regulations (4VAC5-15) administered by the Virginia Department of Conservation and Recreation.

(B)

Agricultural activities may encroach within the landward 75 feet of the 100-foot wide buffer area when agricultural best management practices which address erosion control, nutrient management, and pest chemical control, are being implemented on the adjacent land. The erosion control practices must prevent erosion from exceeding the soil loss tolerance level, referred to as "T," as defined in the "National Soil Survey Handbook" of November 1996 in the "Field Office Technical Guide" of the U.S. Department of Agriculture Natural Resource Conservation Service. A nutrient management plan, including soil tests, must be developed, consistent with the Virginia Nutrient Management Training and Certification Regulations (4VAC5-15) administered by the Virginia Department of Conservation and Recreation. In conjunction with the remaining buffer area, this collection of best management practices shall be presumed to achieve water quality protection at least the equivalent of that provided by the 100-foot wide buffer area.

(C)

The buffer area is not required to be designated adjacent to agricultural drainage ditches if at least one best management practice which, in the opinion of the local soil and water conservation district board, addresses the more predominant water quality issue on the adjacent land (either erosion control or nutrient management) is being implemented on the adjacent land.

(j)

Certification by director.

(1)

Any applicant for a building permit to construct a single-family dwelling or accessory building or structure may request a determination from the director whether the proposed construction is in compliance with the requirements of this article, provided that the proposed construction meets the following criteria:

a.

The development of the lot as represented in the building permit does not require subdivision approval; and

b.

The area of any land disturbance is located outside the limits of the RPA as defined in the section on RPA boundaries, and outside of any drainage feature, area of concentrated surface water flow, wetlands, or floodplain; and

c.

Land disturbance in excess of 2,500 square feet is subject to an erosion and sediment control permit.

(2)

Any applicant proposing development resulting in land disturbance of less than 2,500 square feet may request the director to make a site-specific determination of compliance with this article.

(3)

Application for a determination of compliance shall be made in a form and with information satisfactory to the director. If the director is unable to determine the boundaries of CBPAs after consulting available maps and resources, or if the director determines that the proposed construction does not comply with the criteria set out in this section, the applicant shall provide a certification or a water quality impact assessment as provided for hereinafter.

(k)

Certification submitted by applicant. Compliance with this article may be certified by a qualified professional when the proposed development or redevelopment will not result in land disturbance within an RPA and when the land disturbance does not exceed 2,500 square feet. Such certification shall also ensure that no drainage structure will be emplaced nor will concentrated flows occur from a disturbed area of more than 2,500 square feet to be located elsewhere on the property. The certification shall be made in a form acceptable to the director and shall be submitted at the time of application either for a land disturbance permit, building permit, site plan, preliminary or final subdivision approval. If multiple applications for approval are required, the certification shall be submitted with the first application filed. If an applicant chooses not to submit such certification or if the certification is not approved by the director, the applicant shall submit a water quality impact assessment.

(l)

Water quality impact assessment (WQIA).

(1)

Except as noted previously herein, a water quality impact assessment (WQIA) prepared and submitted by a qualified professional shall be approved by the director prior to:

a.

Any proposed land disturbance, development or redevelopment within an RPA;

b.

Any proposed land disturbance, development or redevelopment that will result in land disturbance in excess of 2,500 square feet;

c.

The placement of a drainage structure or discharge of concentrated flows resulting from land disturbance in excess of 2,500 square feet located elsewhere on the property.

(2)

The WQIA shall identify the impact of the proposed development or buffer area encroachment on water quality and on lands in RPAs and demonstrate compliance with the requirements of this article.

(3)

If the director determines that potential impacts created by the proposal are not mitigated as required by this article, the director may require additional mitigation measures as a condition of approval. When, in the opinion of the director the proposed land disturbance, development or redevelopment does not comply with the requirements of this article, the director shall disapprove the WQIA. Any person aggrieved by such decision may appeal the decision in accordance with procedures set forth in article IV of the zoning chapter or other applicable state law.

(4)

There shall be two levels of water quality impact assessments; a minor assessment and a major assessment. The information required shall in each case be supplemented by the applicant if the director finds it necessary. All WQIAs shall include a site-specific evaluation identifying the location of CPBA features. Designations shall be based on that site-specific information.

(5)

Minor water quality impact assessment.

a.

A minor water quality impact assessment is required for proposed land disturbance, development and redevelopment under the following circumstances:

1.

Where land disturbance outside the RPA will exceed 2,500 square feet but not more than 50,000 square feet. In this case, the WQIA must demonstrate that the rate and pollutant loading of post development runoff will meet the general performance criteria set out previously.

2.

Where the placement of a drainage structure is proposed or where concentrated flows will occur from a disturbed area greater than 2,500 square feet anywhere on the property. In this case, the WQIA must demonstrate that the proposed development meets the general performance criteria set out previously.

b.

A minor WQIA shall include a site drawing to scale showing the following:

1.

Delineation of all components of the CBPA based on a site-specific evaluation;

2.

The construction footprint;

3.

Wetlands delineations, which shall be performed in accordance with the procedures specified in the current regulations of the federal government pursuant to Section 404 of the Clean Water Act;

4.

Location and nature of the proposed project including, as appropriate: type of paving material; areas of clearing or grading; location of any structures, drives, or other impervious cover; and sewage disposal systems or reserve drainfield sites;

5.

Type and location of proposed best management practices.

(6)

Major water quality impact assessment.

a.

A major water quality impact assessment shall be required for any proposed land disturbance, development or redevelopment which (i) exceeds 50,000 square feet of land disturbance; or (ii) disturbs any portion of the RPA. The following elements shall be included in the major WQIA:

1.

All of the information required in a minor WQIA;

2.

A hydro-geological element that:

i.

Describes the existing topography, soils, hydrology of the site and adjacent lands.

ii.

Describes the impacts of the proposed development on topography, soils, hydrology on the site and adjacent lands.

iii.

Indicates the following:

(A)

Any disturbance or destruction of wetlands and justification for such action;

(B)

Any disruptions or reductions in the supply of water to wetlands, streams, lakes, rivers or other water bodies;

(C)

Any disruptions to existing hydrology including wetland and stream circulation patterns;

(D)

Source location and description of proposed fill material;

(E)

Location of dredge material and location of dumping area for such material;

(F)

Estimation of pre- and post-development pollutant loads in runoff;

(G)

Calculation of impervious surface on site and type(s) of surfacing materials used;

(H)

Limits of disturbance;

(I)

Anticipated duration and phasing schedule of construction project; and

(J)

Listing of all requisite permits from all applicable agencies necessary to develop the project.

iv.

Describes the proposed mitigation measures for the potential hydrogeological impacts. Mitigation measures include:

(A)

Erosion and sediment control plan;

(B)

Stormwater management system;

(C)

Creation of wetlands to replace those lost;

(D)

Minimizing cut and fill.

3.

A landscape element that:

i.

Identifies and delineates all significant existing and proposed plant material, including all trees six inches or greater in diameter measured outside the bark at a point four and one-half feet above the ground. Where there are groups of trees, stands may be outlined.

ii.

Shows the impacts the development or use will have on the existing vegetation. Information shall include:

(A)

General limits of clearing, based on all anticipated improvements, including buildings, drives, and utilities;

(B)

Delineation of all trees or stands of trees which will be removed, including a description of the horticultural practice being followed in any removal;

(C)

If additional vegetation is required in the buffer, a landscape plan showing location, type and size of materials, ground cover and trees to be used.

iii.

Shows measures for mitigation. Possible mitigation measures include:

(A)

Replanting schedule for trees and other significant vegetation removed for construction, showing plants and trees to be used;

(B)

Preservation to the greatest extent possible of any significant trees and vegetation on the site to provide maximum erosion control and overland flow benefits;

(C)

Indigenous plants used to the greatest extent possible;

(D)

Landscaping, ground cover and trees are of the appropriate species and are planted in a manner that will maintain water quality.

(7)

WQIA submission and review requirements.

a.

Copies of all drawings, plats, and other applicable information shall be submitted to the director for review in accordance with procedures established by the director.

b.

All information included in the WQIA shall be certified as complete and accurate by a qualified professional.

c.

The WQIA shall be submitted with the application for a land disturbance permit, building permit, or with the application for site plan, or preliminary or final subdivision approval. If multiple applications for approval are required for a development, the WQIA shall be submitted with the first application filed.

d.

As part of any WQIA submittal, the director may request review by the Department of Conservation and Recreation (DCR) Chesapeake Bay Local Assistance Division. The director shall determine if such review is warranted for approval of the WQIA, in which case the director will request DCR/CBLA to review the WQIA and respond with written comments. Comments received from DCR/CBLA will be incorporated into the final review of the WQIA by the director.

(8)

Evaluation procedure.

a.

The director will evaluate the WQIA to determine if the proposed development is consistent with this article and make a finding based upon the following criteria:

1.

Within any RPA, the proposed development is water-dependent, redevelopment or otherwise conforms to the requirements of this article;

2.

The disturbance of wetlands will be minimized;

3.

The development will not result in significant disruption of the hydrology of the site;

4.

The development will not result in unnecessary destruction of plant materials on site;

5.

Proposed erosion and sediment control concepts are adequate to achieve the required reductions in runoff and prevent off-site sedimentation;

6.

Proposed stormwater management techniques are adequate to control runoff and achieve the required standard for pollutant control;

7.

Proposed revegetation of disturbed areas will provide adequate erosion and sediment control benefits;

8.

The design and location of any proposed drainfield will be in accordance with the requirements of this article;

9.

The development, as proposed, is consistent, to the extent possible, with the purpose and intent of this article.

(m)

Plan of development process.

(1)

Prior to any development preparation activities such as clearing and grading, or the issuance of any building permit, the director shall ensure that the provisions of this article are met. This shall be accomplished either by requiring a certification as provided for in sections 86-137(j) and (k) of this article, or with the requirement for a minor or major WQIA as provided for in section 86-137(l) of this article. A duly approved certification or WQIA shall serve, in conjunction with an approved erosion and sediment control plan as provided for in chapter 30, article III of the Code of King William County, as an environmental site assessment for purposes of meeting regulations applicable to CBPAs.

(2)

Compliance, as applicable, with the provisions either for subdivision approval as set forth in article XVIII, or site plan approval as set forth in article XVII, supplemented by an environmental site assessment shall be a prerequisite to any land disturbance, development or redevelopment. Further, the director shall require evidence of all wetlands and other permits required by law prior to authorizing grading or other on-site activities.

(3)

The installation and completion of all features represented in the WQIA shall be required prior to issuance of a certificate of occupancy except that, in lieu of installation of landscaping prior to occupancy, the director may accept a performance agreement requiring installation within one year. All other required measures, including stormwater management facilities, shall be completed prior to issuance of any occupancy permit, or, in the case of subdivision, shall be secured and completed in accordance with requirements of the subdivision article.

(4)

Notations shall be required, as applicable, concerning provisions for maintenance of an undisturbed and vegetated 100-foot buffer, and locations of reserve sewage disposal sites and the five-year septic pump-out requirement, with respect to all construction plans, land disturbance permits, building permits, site plans and subdivision plats. The director shall also require those plans, permits and plats to include delineation of the buildable area allowed on each lot, based on the requirements of this article, zoning requirements and any other relevant easements or limitations regarding lot coverage, and a notation on plats stating that permitted development in the resource protection area is limited to water-dependent facilities or redevelopment.

(n)

Exemptions for public utilities, railroads, public roads and facilities.

(1)

Construction, installation, operation, and maintenance of electric, natural gas, fiber-optic and telephone transmission lines, railroads, and public roads and their appurtenant structures in accordance with:

a.

Regulations promulgated pursuant to the Virginia Erosion and Sediment Control Law and the Virginia Stormwater Management Act;

b.

An erosion and sediment control plan and a stormwater management plan approved by the Virginia Department of Conservation and Recreation; or

c.

Local water quality protection criteria at least as stringent as the above state requirements will be deemed to constitute compliance with this article.

(2)

The exemption of public roads is further conditioned on the optimization of the road alignment and design, consistent with other applicable requirements, to prevent or otherwise minimize:

a.

Encroachment in the RPA; and

b.

Adverse effects on water quality. Appurtenant structures include but are not limited to bridges, culverts, guard rails, drainage facilities, lighting, traffic control devices, fences and berms.

(3)

Construction, installation, and maintenance of water, sewer, natural gas, fiber-optic and underground telecommunications and cable television lines owned, permitted or both, by the county, shall be exempt from the requirements of this article provided that the director determines that:

a.

To the degree possible, the location of such utilities and facilities is outside the RPA;

b.

No more land will be disturbed than is necessary to provide for the proposed utility installation;

c.

All construction, installation, and maintenance of such utilities and facilities are in compliance with all other applicable federal, state and local requirements and permits and designed and conducted in a manner that protects water quality; and

d.

Any land disturbance exceeding 2,500 square feet complies with the erosion and sediment control ordinance.

(4)

Silvicultural activities are exempt from the requirements of this article provided that such activities adhere to water quality protection procedures prescribed by the Virginia Department of Forestry in "Virginia's Forestry Best Management Practices for Water Quality."

(5)

The following land disturbances in RPAs shall be exempted by the director from the requirements of this article; provided that any land disturbance exceeding 2,500 square feet shall comply with the erosion and sediment control article:

a.

Water wells and passive recreation facilities such as boardwalks, trails, and pathways, provided that the applicant submits a WQIA or other information deemed necessary by the director demonstrating that the intended use will not significantly deteriorate water quality; and

b.

Historic preservation and archaeological activities, provided that the applicant submits a WQIA or other information deemed necessary by the director demonstrating that:

1.

Any required permits, except those to which this exemption specifically applies, shall have been issued; and

2.

The intended activity will not significantly degrade water quality.

(o)

Exceptions.

(1)

Exceptions to development established for the RPA shall only be permitted pursuant to specific approval for such encroachment granted by the planning commission in accordance with 9VAC25-830-150. Any such exception to the RPA requirements set forth in sections on RPA lot size and development criteria shall occur only upon a finding by the planning commission, following public notice and a public hearing, that the following provisions are met:

a.

The requested exception is the minimum necessary to afford relief;

b.

Granting the request will not confer upon the applicant special privileges that are denied to other property owners who are similarly situated;

c.

The exception is in harmony with the purpose and intent of this section and is not of substantial detriment to water quality;

d.

The exception request is not based on conditions or circumstances that are self-created or self-imposed;

e.

There is compliance with all requirements of this section other than those for which an exception is granted; and

f.

Water quality shall be preserved by imposing reasonable and appropriate conditions, as warranted, that will prevent the allowed activity from causing a degradation of water quality.

(2)

The planning commission may require any information necessary to make a determination regarding a request for such exception including, but not limited to, a WQIA as set forth in section 86-137(l).

(3)

Exceptions to the required provisions of this article, other than as noted heretofore in section 86-137(o), may be granted upon written request to the director provided that the director determines through an administrative process that the following provisions are met:

a.

The exception is the minimum necessary to afford relief; and

b.

Reasonable and appropriate conditions are applied, as necessary, to meet the purpose and intent of this article.

c.

A requested exception to the general performance criteria set forth in section 86-137(g) is found to comply with the standards set forth in section 86-117(o)(1)a. through f.

(p)

Nonconforming uses and noncomplying structures. The lawful use of a building or structure which existed on November 22, 2004, and which is not in conformity with the provisions of this section may be continued pursuant to article IX, entitled nonconforming uses, of the King William County Zoning Ordinance and other applicable regulations contained in this chapter and state law.

(q)

Supplemental regulations; more restrictive apply. The regulations of this section shall serve as a supplement to applicable federal, state and local laws and regulations, including the zoning and subdivision ordinances. In the event there is a conflict, the more restrictive requirements shall apply.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

State Law reference— Chesapeake Bay Preservation Act, Code of Virginia, § 10.1-2100 et seq.; board to develop criteria, Code of Virginia, § 10.1-2107; local Chesapeake Bay Preservation Areas, Code of Virginia, § 10.1-2109; wetlands, Code of Virginia, § 28.2-1300 et seq.; Ground Water Management Act of 1992, Code of Virginia, § 62.1-254 et seq.