The intent of the Commerce Corridor Overlay District (CCOD) is to protect the aesthetic and visual character of land, public health, safety, and welfare by managing growth within the county's primary highway corridors. Specifically, this article is designed to:

(a)

Ensure the continued viability of New Kent's primary corridors as economic development tools.

(b)

Maintain the transportation safety of such corridors by managing access and visibility.

(c)

Ensure the long term transportation efficiency of such corridors, which carry high volumes of commuter, and tourist traffic.

(d)

Enhance the visual quality of such corridors, which, as points of entry into New Kent County, convey lasting impressions to residents and tourists.

(Ord. No. O-07-15, 7-6-2015; Ord. No. O-09-22, 6-13-2022)

The Commerce Corridor Overlay District (CCOD) shall include all lands within 500 feet on each side of the following arterial rights-of-way:

(a)

New Kent Highway—State Route 249/30 (New Kent Highway from the intersection at State Route 60 (Pocahontas Trail) to the James City County boundary.

(b)

Pocahontas Trail—State Route 60 (Pocahontas Trail) from the Henrico County boundary line to the James City County Boundary Line.

(c)

Emmaus Church Road—State Route 106 (Emmaus Church Road) from Interstate I-64 Exit 211 south to Continental Can Road.

(d)

Courthouse Road—State Route 155 (Courthouse Road) from its intersection with State Route 249 (New Kent Highway) to the Charles City County boundary line.

(e)

Eltham Road—State Route 33 (Eltham Road) from Interstate I-64 Exit 220 to the Pamunkey River.

The Commerce Corridor Overlay District shall be shown on the official New Kent County zoning map and shall be delineated as a surveyed line on any property proposed for development.

(Ord. No. O-07-15, 7-6-2015; Ord. No. O-09-22, 6-13-2022)

The requirements of this article shall be applicable to all development and redevelopment within the Commerce Corridor Overlay District requiring subdivision approval in accordance with chapter 91 of this Code, or a site plan prepared in accordance with article XXII of this chapter. In instances when a site plan is required for the expansion of an existing structure or use on a property, the zoning administrator shall determine if the provisions of this article are applicable. The requirements listed in this article are in addition to the requirements listed in the underlying zoning district article of this Code. Where multiple or conflicting regulations exist, the more strict regulation shall apply.

(Ord. No. O-07-15, 7-6-2015; Ord. No. O-09-22, 6-13-2022)

The compatible relationship of architecture along highways within the Commerce Corridor Overlay District is of critical concern for any structure or site improvements. The purpose and intent of these architectural guidelines and development standards is not to stifle innovative architecture or development, but to assure respect for and to reduce incompatible and adverse impacts on the visual experience from the rights-of-way.

(a)

The architectural design of structures and their materials and colors shall be visually harmonious with the overall appearance, history, and cultural heritage of New Kent County, with natural landforms and existing vegetation. Specific consideration shall be given to compatibility with adjacent properties where such projects demonstrate the county's character. Design and architectural features shall demonstrate consistency with the following provisions:

(1)

Stucco, natural wood siding, brick, stone, decorative block, neutral colored cementitous siding or other materials with similar texture and appearance are considered appropriate to county character and shall be provided on the main building facades. Nationally recognized and/or trademarked colors, logos, pictures or similar type features may be permitted on the building facades, awnings or other complimentary architectural features with the approval of the zoning administrator. Vinyl siding, flat or corrugated metal and concrete block shall not be used for exterior siding material on any building, except that vinyl siding may be used as trim material. The exterior covering material shall extend to the ground, except that when a solid brick or masonry perimeter foundation is used, exterior covering material need not extend below the top of the foundation.

(2)

No building facade (whether front, side or rear) will consist of architectural materials inferior in quality, appearance, or detail to any other facade of the same building. The intent of this requirement is not to preclude the use of different materials on different buildings' facades (which would be acceptable if representative of good architectural design), but rather to preclude the use of inferior materials on sides which face adjoining property and thus, might adversely impact existing or future development causing a substantial depreciation of property values.

(3)

Not less than 16 percent of the total area of any facade visible from a public right-of-way (excluding work areas) shall consist of windows and doors.

(4)

Large work area doors or open bays shall not open toward or face the public right-of-way.

(5)

Heating, ventilating, and air conditioning equipment, duct work, air compressors and other fixed operating machinery shall be either screened from view with either a solid wall, solid fence or landscaping or located so that such items are not visible from the public right-of-way. Utility meters, aboveground tanks, satellite dishes, antennas, etc., shall be similarly treated.

(6)

The exterior of the foundation walls shall be of brick or masonry construction, except when the exterior wall material extends to the ground in accordance with subsection 98-1069(a)(1).

(7)

Fencing along the public right-of-way is discouraged, but if used, such fencing shall be landscaped to minimize visibility from the public right-of-way or be of a style which is harmonious with the rural, agricultural and historical character of the county. Chain link fences shall be prohibited.

(8)

All loading spaces shall be located within the side or rear yards.

(9)

Outside storage of equipment, materials, or supplies if permitted in the underlying district, shall be permitted only in the side or rear yards and shall be screened from view from the public right-of-way with fencing or landscaping.

(10)

All parking areas shall be paved with concrete or asphalt, or other similar material. Traditional curb and gutter systems (or alternative equivalents as approved by the county) shall be used around and within all such parking areas.

(11)

Large trash receptacles, dumpsters and recycling bins, must be completely screened from view from the public right-of-way and any adjoining lot with a solid wall or solid fencing constructed with the building elevation materials referenced in subsection 98-1069(a)(1).

(12)

A pedestrian way (sidewalk) of no less than five feet of clear and unimpeded area shall be provided across the frontage of the property in all areas designated as Village in the New Kent County Comprehensive Plan. All pedestrian ways must adjoin one another or connect.

(b)

Signage. Notwithstanding the requirements of article V, division 8 of this chapter, all development proposed in the Commerce Corridor Overlay District shall be subject to the following additional requirements pertaining to signage:

(1)

A comprehensive uniform sign plan shall be submitted to the county for approval in conjunction with the site plan submittal. All signs for a proposed development shall be of uniform size, color and design. The plan shall show the size, location, and uniform design for all signage proposed for the development.

(2)

No roof signs shall be permitted, unless it can be demonstrated to the zoning administrator that a façade sign is not possible due to the design of the building. In these instances, a roof sign shall be allowed provided that no portion of the sign extends over or above the ridge line of the roof on which it is located. Roof signs shall be limited to a maximum of ten percent of the roof area on which it is located, or 200 square feet, whichever is less.

(3)

Individual uses not located in a shopping center, office building or complex shall be subject to the following additional requirements regarding signage:

a.

The total area for any free-standing sign shall not exceed 50 square feet;

b.

The maximum height for any free-standing sign shall not exceed eight feet.

(4)

Shopping centers, and office buildings or complexes that contain multiple businesses or tenants shall be subject to the following additional requirements regarding free-standing signs:

a.

The total area for any free-standing sign shall not exceed 120 square feet;

b.

The maximum height for any free-standing sign shall not exceed 16 feet or the height of the principal building, whichever is less.

(Ord. No. O-07-15, 7-6-2015; Ord. No. O-09-22, 6-13-2022)

A site plan shall be submitted for all development in the Commerce Corridor Overlay District. Such site plan shall comply with all relevant requirements established by the zoning, subdivision and other development ordinances in the County Code. Architectural plans containing building views from existing and proposed streets rendered in color with shadows shall be part of the submission.

In addition to showing the parcel or parcels proposed for development, the site plan shall also show all existing development and utility infrastructure within 250 feet of the proposal for the purpose of documenting interconnections and designs of streets, driveways, pedestrian ways, parking, and uses.

In reviewing individual site or subdivision plans within the CCOD, the zoning administrator shall consider the purposes and intent of the CCOD and the underlying designation contained in the comprehensive plan and shall make specific findings in support of the action taken. Plats and plans, upon approval, may be executed in any reasonable phased approach that provides for a rational extension of public infrastructure to serve the phases.

(Ord. No. O-07-15, 7-6-2015; Ord. No. O-09-22, 6-13-2022)

Exceptions to the development requirements and standards specified in this article may be granted by the board of supervisors following a recommendation by the planning commission in accordance with the procedures set out in this section. The applicant for such exception shall provide the zoning administrator a letter stating their justification for the exception request to the standards of this article along with accompanying documentation including, but not limited to, proposed site design layout, architectural renderings, or signage plans. Upon receipt of all items deemed necessary by the zoning administrator, he shall prepare a staff report for the planning commission and board of supervisors for their review and consideration. Upon approval of an exception to the standards outlined in this article by the board of supervisors, the zoning administrator shall determine that that the approved development plan or plat is consistent with the board of supervisors' approval.

An exception may be granted if the board of supervisors make the following findings:

(a)

That the exception is reasonably necessary due to physical constraints of the site, such as size, shape, topography, soils, or arrangement of existing improvements, that prevent construction in accordance with applicable standards without compromising the intent of this article, and that the exception is the minimum departure from applicable standards necessary to provide relief;

(b)

That an exception would not unreasonably lower the level of service on affected roads;

(c)

That the design and location of proposed on-site improvements are compatible with existing developed sites contiguous with and near to the site of the proposed development;

(d)

That the granting of the exception will not substantially affect adversely the use of adjacent and neighboring property;

(e)

That the granting of the exception will avoid the unnecessary replacement of existing landscaping and other improvements on site, if applicable, and will not result in unsafe circulation patterns on site; and

(f)

That the granting of the exception will not endanger the public safety, or in any other respect impair the health, safety, comfort, and welfare of the inhabitants of the county.

(Ord. No. O-07-15, 7-6-2015; Ord. No. O-09-22, 6-13-2022)