This A-1 district is established to protect woodlands and agricultural lands from the premature or unnecessary conversion to more intense land uses. Their protection will help to minimize environmental hazards such as flooding, erosion, siltation, and air and water pollution. Prevention of excessive land conversion will serve to maintain the character and quality of the rural environment and will minimize urbanization in those areas where roads and other public facilities are scaled to meet only rural needs. Large lot subdivisions may be permitted where not in conflict with the intent of this article.

(Code 1999, § 9-81)

In the agricultural district, A-1, structures to be erected or land to be used shall be for one or more of the following uses:

(1)

Agriculture; provided, however, that in order to conserve agricultural soils, reduce erosion and sedimentation of streams and roadside ditches and neighborhoods, agriculture uses shall:

a.

Utilize best management practices whenever possible.

b.

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

(2)

Cemeteries (no sale of lots).

(3)

Churches with an approved site plan.

(4)

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 nonresidential 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 a 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.

(5)

Distillery, with an approved site plan.

(6)

Forestry.

(7)

Game preserves and conservation areas.

(8)

Golf courses/country clubs with an approved site plan.

(9)

Government buildings and facilities with an approved site plan.

(10)

Guesthouse.

(11)

Hospitals and medical facilities with an approved site plan.

(12)

Intensive dairy facility, subject to specific acreage requirements, setback requirements and other requirements of article VIII of this chapter.

(13)

Intensive livestock facility, subject to specific acreage requirements, setback requirements and other requirements of article VIII of this chapter.

(14)

Intensive poultry facility, subject to specific acreage requirements, setback requirements and other requirements of article VIII of this chapter.

(15)

Libraries, with an approved site plan.

(16)

Micro-brewery, with an approved site plan.

(17)

Parks and playgrounds with an approved site plan.

(18)

Public schools with an approved site plan.

(19)

Public utilities other than those requiring a conditional use permit under the provisions of section 98-213.

(20)

Radio, television or communication towers not exceeding 50 feet in height, provided that it shall be located in the rear yard of a principal permitted use.

(21)

Satellite dishes located in the side, front or rear yard, provided that such satellite dish shall set back 50 feet or more from any state maintained or privately owned public right-of-way, and shall comply with the side and rear yard setbacks for accessory structures.

(22)

Single-family residential units, to include manufactured housing as defined in section 98-2. On land devoted to agriculture on a full-time basis, in addition to the main farm house, one tenant house for every 25 acres with a minimum of 25 acres being necessary to establish the first tenant house shall be permitted.

(23)

Stables.

(24)

Temporary manufactured homes with the following conditions:

a.

The manufactured home is to be used by the applicant as a residence while construction of a house for the applicant is in progress, or during the repair of the permanent structure if such structure has been destroyed by fire or other disaster.

b.

The applicant shall apply to the code official for a building permit for the permanent structure at the same time as a building permit application is made for the manufactured home.

c.

The placement of the manufactured home shall be temporary and shall be permitted for a period to expire 90 days after the issuance of a certificate of occupancy for the dwelling, but in no event for more than three years. One-year extension may be granted at the discretion of the zoning administrator upon good cause shown by the applicant provided the applicant is making reasonable progress towards the completion of the dwelling.

1.

In cases where a temporary manufactured home is placed while repairs are made to a permanent structure damaged by a disaster, such as fire or flood, the use shall be permitted for a period not to exceed one year.

2.

One six-month extension may be granted at the discretion of the zoning administrator upon good cause shown by the applicant, provided that the applicant is making reasonable progress towards the completion of repairs to the permanent dwelling.

d.

Only those manufactured homes built since June 15, 1976, and constructed in accordance with regulations promulgated by the Department of Housing and Urban Development under the Federal Manufactured Housing Construction and Safety Standards Act and bearing the appropriate seals and labels to certify compliance are permitted. The manufactured home must be skirted with a fire-resistant material approved by the code official.

e.

A drawing showing the proposed location of the manufactured home including distances from all property lines and the septic tank and drainfield shall be submitted by the applicant and must be approved by the zoning administrator. The zoning administrator may require changes in the drawing which would make the location of the manufactured home more harmonious with the neighborhood.

f.

The zoning administrator shall require the applicant to post a $500.00 surety, conditioned upon removal of the manufactured home at the termination of the prescribed time period. This surety shall not be released until the manufactured home has been removed from the property. A violation of any condition of the terms stated herein or failure to remove the manufactured home within the prescribed time period shall result in the forfeiture of any portion of the surety to offset the costs incurred by the county to remedy the violation including, but not limited to, the course of removal and storage.

(25)

Winery, commercial, with an approved site plan.

(26)

Winery, farm.

(27)

Yacht clubs with an approved site plan.

(Code 1999, § 9-82; Ord. No. O-01-17(R1), 3-29-2017)

In the A-1, agricultural district, all conditional uses shall require an approved site plan. 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)

Airports.

(2)

Antique shops.

(3)

Bed and breakfast/home stay establishments.

(4)

Campgrounds.

(5)

Cemeteries (with sale of lots).

(6)

Childcare centers.

(7)

Community centers.

(8)

Construction business, with storage of equipment, as a home occupation.

(9)

Distillation of ethanol from grain.

(10)

Energy storage project.

(11)

Equestrian show facility.

(12)

General store. Any retail establishment offering for sale items of a general mercantile nature including food and beverage products, household and hardware items. Such store shall not have underground tanks or pumps for dispensing fuel for on-road vehicles. Such store shall be restricted to 3,000 square feet or less of retail sales floor. Such establishment shall be restricted to existing structures with historical general mercantile use. The term shall not include truck stops, nor shall it be used for any activity commonly associated with truck stops such as storing, maintaining or parking trucks and other commercial vehicles overnight.

(13)

Group care facilities.

(14)

Helistops.

(15)

Horse racing facility.

(16)

Kennels.

(17)

Marinas.

(18)

Mining, excavation or filling, borrow pits, extraction, processing and removal of land, gravel and stripping of topsoil (but farm pond construction, field leveling or stripping of sod for agricultural purposes and excavations in connection with development which has received subdivision or site plan approval are permitted generally and without a conditional use permit).

(19)

Mobile home as storage shed in conjunction with a bona fide agricultural operation.

(20)

Paint pellet competitive games.

(21)

Permanent mobile homes that do not meet the definition of manufactured housing under Code of Virginia, § 15.2-2290, on 25 acres or more.

(22)

Pistol ranges.

(23)

Portable sawmills.

(24)

Private clubs or hunt clubs with an approved site plan, provided that in order to maintain a tranquil environment for those residential uses within the A-1 zoning district, hunt clubs shall be located at least 250 feet from a property line of a residential use.

(25)

Private schools with approved site plan.

(26)

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

(27)

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, 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.

(28)

Public or private water and sewer facilities including, but not limited to, treatment plants, pumping stations, storage facilities and transmission mains, 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.

(29)

Radio, television or communication stations and/or towers which exceed 50 feet in height.

(30)

Railroad facilities including tracks, bridges, switching yards and stations, 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.

(31)

Single-family conversion to two-family.

(32)

Solar generation facility.

(33)

Sporting clays.

(34)

Steeplechase.

(35)

Temporary storage of a mobile home.

(36)

Turkey shoots.

(37)

Veterinary clinics.

(38)

Water impoundments for public or private use of 50 acres or more and a dam height of 25 feet or more.

(39)

Zoological gardens.

(Code 1999, § 9-83; Ord. No. O-7-99, 9-13-1999; Ord. No. O-01-07, § D, 1-16-2007; Ord. No. O-06-22, 5-9-2022)

The minimum lot area for permitted buildings or structures in the A-1 district shall be ten acres except for residential lots created in conformance with the exceptions of chapter 90 (Legacy subdivision provision), chapter 91, section 126 (Special provisions for family subdivisions), and chapter 91, section 127 (Special provisions for open space or cluster subdivisions) of this Code.

(Code 1999, § 9-84; Ord. No. O-11-22, 7-1-2022)

Structures in the A-1 district shall be located a minimum of 75 feet from any street right-of-way.

(Code 1999, § 9-85)

The minimum width for permitted uses in the A-1 district shall be 150 feet.

(Code 1999, § 9-86)

(a)

Side. The minimum side yard for each main structure in the A-1 district shall be 25 feet, and the total width of the two required side yards shall be 50 feet or more.

(b)

Rear. Each main structure in the A-1 district shall have a rear yard of 50 feet or more.

(c)

Accessory buildings. Accessory buildings in the A-1 district shall meet the minimum front, side and rear yard requirements set forth in this article.

(Code 1999, § 9-87)

The following regulations shall apply to boundary line adjustments where one or more lots involved is nonconforming:

(1)

Between two nonconforming lots (each less than ten acres). Both lots must maintain a minimum of one and one-half acres, no additional building lot shall be created, neither lot can be rendered more nonconforming with respect to access, yard and setback requirements.

(2)

Between two nonconforming lots (each less than one and one-half acres). Both lots must maintain the original acreage, no additional building lot shall be created, neither lot shall be rendered more nonconforming with respect to access, yard and setback requirements.

(3)

Between a conforming lot (ten acres or greater) and a nonconforming lot (less than ten acres). The conforming lot shall continue to comply with all district regulations, the nonconforming lot shall maintain no less than the original acreage and shall not be rendered more nonconforming with respect to access, yard and setback requirements.

(4)

All boundary line adjustments shall comply with applicable subdivision ordinance requirements.

(Ord. No. O-11-22, 7-1-2022)

All lots or parcels described in deeds or plats recorded in the New Kent County Circuit Court Clerk's Office prior to the close of business on July 11, 2022, which meet all zoning and subdivision requirements for yards, setbacks, and access in effect on the date of building permit application shall be deemed to be in compliance with the lot dimension and area requirements of the zoning ordinance and requirements of the subdivision ordinance.

(Ord. No. O-11-22, 7-1-2022)