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New Kent County Unincorporated
City Zoning Code

ARTICLE X

- GENERAL RESIDENTIAL, R-2, R-2A9


Footnotes:
--- (9) ---

Note— See the editor's note to Art. V.


Sec. 98-331.- Intent of article.

This R-2, R-2A district is composed of certain medium and high concentration residential uses, plus certain areas where similar development appears likely to occur. The regulations for this district are designed to stabilize and protect the essential characteristics of the R-2, R-2A district, to promote and encourage, insofar as is compatible with the intensity of land use, a suitable environment for family life composed of an adult population with some children. To these ends, retail activity is sharply limited and this R-2, R-2A district is protected against encroachment of general commercial or industrial uses. This R-2, R-2A residential district is not completely residential as it includes public and semipublic institutional and other related uses.

(Code 1999, § 9-103)

Sec. 98-332. - General conditions applicable to certain uses.

(a)

Any agricultural use in the R-2, R-2A district, nonconforming or otherwise, shall:

(1)

Utilize best management practices whenever possible.

(2)

Maintain a five-foot wide grass strip on-site along all rights-of-way and streams to slow down runoff waters and filter out sediment.

(b)

All forestal uses in the R-2, R-2A district, whether nonconforming or otherwise, shall conform to the following: In order to maintain a rural environment in those areas of the county designated for residential and commercial development, no commercial timbering of lands zoned R-2, R-2A shall commence until a plan for development (subdivision or site or reforestation plan) has been approved by the planning commission or the zoning administrator as the case may be. Any plan for reforestation shall require a posting of a bond in an amount sufficient to reforest the area based on current per acre estimate of reforestation by the state department of forestry. No commercial timbering shall be allowed in any development once any lot in the development has been sold.

(Code 1999, § 9-104)

Sec. 98-333. - Permitted uses.

In the general residential R-2 or R-2A district, structures to be erected or land to be used shall be for one or more of the following uses:

(1)

Construction trailers and/or portable or temporary buildings for offices, storage facilities, public and semipublic uses, and such use shall be in conjunction with a bona fide construction project for which a building permit has been issued, the development of an approved subdivision, or highway or public works construction projects. In addition, the following conditions shall apply:

a.

The temporary structure shall be located in conformance with all applicable requirements of this chapter.

b.

The temporary structure shall not be used as temporary living quarters at any time.

c.

The use shall be allowed for a period of one year or 30 days beyond the date of the issuance of a certificate of occupancy for the permanent structure, whichever occurs first.

d.

Upon evidence that the completion of construction is imminent, the zoning administrator may grant one 30-day time extension.

e.

The zoning administrator retains the right to have the use removed if, at any time, the applicant violates the conditions set forth in this section.

f.

The zoning administrator retains the right to require a site plan.

(2)

Convalescent, nursing or rest homes with approved site plan.

(3)

Community center with an approved site plan.

(4)

Government buildings and facilities with an approved site plan.

(5)

Libraries with an approved site plan.

(6)

Parks and playgrounds with an approved site plan.

(7)

Public schools with an approved site plan.

(8)

Public utilities other than those requiring a conditional use permit under section 98-334 with an approved site plan.

(9)

Radio, television or communication towers not exceeding 50 feet in height and satellite dishes, provided that any of these uses are located in the rear yard of a principal permitted use.

(10)

Single-family dwellings.

(11)

Subdivisions for single-family dwellings.

(Code 1999, § 9-105)

Sec. 98-334. - Uses permitted by conditional use permit only.

In the R-2 or R-2A general residential district, structures to be erected or land to be used for one or more of the following uses shall be permitted only after the issuance of a conditional use permit by the board of supervisors or its agent:

(1)

Apartments, condominiums and cluster-home developments.

(2)

Bed and breakfast/home stay establishments.

(3)

Cemeteries with an approved site plan.

(4)

Childcare center with an approved site plan.

(5)

Churches, synagogues and other houses of worship shall only be located on rights-of-way classified as residential collectors.

(6)

Construction trailers and/or portable or temporary buildings for offices, storage facilities, public and semipublic uses.

(7)

Group care facilities with an approved site plan.

(8)

Keeping or raising horses as an accessory use to a multifamily dwelling or condominium.

(9)

Planned unit developments.

(10)

Private schools with an approved site plan.

(11)

Public or private electrical general facilities, electrical substations with a capacity of 5,000 kilovolt amperes or more, and electrical transmission lines capable of transmitting 69 kilovolts or more with an approved site plan.

(12)

Public or private transmission pipelines, including pumping stations and accessory storage for natural gas, propane gas, petroleum products, chemicals, slurry coal and any other gases, liquids or solids with an approved site plan, except that private connections to existing pipelines which are intended to serve an individual residential or commercial customer and which are accessory to existing or proposed development are permitted generally and without a conditional use permit.

(13)

Public or private water and sewer facilities including, but not limited to, treatment plants, pumping stations, storage facilities and transmission mains with an approved site plan, except that private connections to existing mains which are intended to serve an individual residential or commercial customer and which are accessory to existing or proposed development are permitted generally and without a conditional use permit.

(14)

Railroad facilities including tracks, bridges, switching yards and stations with an approved site plan, except that spur lines which are to serve and are accessory to existing or proposed development adjacent to existing railroad rights-of-way and track and safety improvements in existing railroad rights-of-way are permitted generally and without a conditional use permit.

(15)

Single-family conversion to two-family, with an approved site plan.

(16)

Two-family dwellings.

(17)

Water impoundments for public or private use of 50 acres or more and a dam height of 25 feet or more with an approved site plan.

(Code 1999, § 9-106)

Sec. 98-335. - Accessory building yard requirements.

Accessory buildings in the R-2, R-2A district shall have a side and rear yard of not less than five feet.

(Code 1999, § 9-107)