New Kent County Unincorporated

Accessory single-family residential units (detached dwellings or apartments) under the following conditions: a. There will not be more than one accessory residential unit in conjunction with a single-family detached dwelling. b. All occupants of the accessory residential unit must be related by blood, marriage, or adoption. c. The external appearance of the principal dwelling cannot be altered, signage is prohibited, additional mailbox or any other externally visible indication that an accessory residential unit exists. d. Accessory residential units may be located either in the single-family dwelling or in an existing detached structure accessory thereto provided that all building code requirements are met. e. Except as may be approved by the board of zoning appeals for good cause shown, accessory residential units must in no case contain in excess of 25 percent of the total floor area of the single-family dwelling to which it is accessory or 450 square feet, whichever is greater. f. Except as approved by the board of zoning appeals, all accessory residential units must be designed to provide independent accessibility for residents or guests who may be elderly, handicapped or otherwise challenged in one or more life function. Unless otherwise required by law this does not require installation of grab bars and special plumbing fixtures, however pipes and appropriate anchor points allowing subsequent installation will be required. g. Provisions must be made for off-street parking of motor vehicles that are adequate and compatible with the character of the single-family dwelling and adjacent properties. h. Approval of an accessory residential unit will be contingent upon prior certification by the health department that any on-site water supply and sewage treatment facilities are adequate to serve the anticipated number of residents. i. The accessory residential unit must not be visible to or apparent from the street or adjoining residential properties.

The following accessory uses will be permitted in conjunction with commercial and industrial uses: (1) Uses intended specifically for the use and benefit of the employees of the principal use such as snack bars, cafeterias, recreation facilities and similar uses. (2) Other uses and structures of a similar nature which are customarily associated with and incidental to commercial or industrial uses. (3) Residential units in conjunction with a business or commercial use located in an area designated as a village in the comprehensive plan. The residential unit(s) must constitute no more than 50 percent of the total floor area of any structure in which located, provided however, that the board of supervisors may authorize a greater percentage through the issuance of a use permit. (4) Residential unit (detached dwelling or apartment) when such use is reasonably and customarily a part of the business operation such as providing living quarters for a proprietor or manager and his family or living quarters for a watchman or custodian of an establishment under the following conditions: a. The residential use must contain no more than 1,000 square feet, provided however, that the board of supervisors may authorize a greater size through the issuance of a use permit. b. There will not be more than one residential unit in conjunction with the commercial or industrial use nor more than one residential unit on any property. c. The residential unit may be located either within the commercial or industrial structure or in an existing detached structure accessory thereto provided that all building code and health code requirements are met. d. Accessory residential units must be designed to provide independent ingress and egress for the occupants. e. Provisions must be made for off-street parking of motor vehicles that are adequate and compatible with the character of the zoning district and adjacent properties. f. Approval of an accessory residential unit will be contingent upon prior certification by the health department that any on-site water supply and sewage treatment facilities are adequate to serve the anticipated number of residents. g. The residential unit must be occupied only by a current employee of the commercial or industrial facility. h. The residential unit will not be used as a rental property.

The residential use must contain no more than 1,000 square feet

The following accessory uses will be permitted in conjunction with a mobile home park, provided that they are designed and situated for the specific use of the park occupant: (1) Laundromats. (2) Office space for managers. (3) Retail convenience stores, provided that the mobile home park is larger than 25 acres in size.

In no case shall any viable heritage, memorial, specimen or significant tree be removed from any buffer area or landscape preservation easement except to accommodate necessary entrances or utility service to the site which cannot be relocated in an appropriate manner or where such preservation would create or perpetuate demonstrable public health, safety, or welfare hazards.

Buffer screening type A shall consist of a minimum 35-foot-wide visual buffer that shall average a rate of one large evergreen tree and one medium evergreen tree for every 15 linear feet.

All proposed new developments shall include landscape yards around the perimeter of the site and around the buildings erected on the site to facilitate adequate control and management of stormwater runoff along with non-point source pollution and to enhance the aesthetics of the project.

The property owner, and the owner's successors, shall be responsible for the maintenance of all landscaping, fencing, and screening materials required by this chapter, or as required under the terms of other development approvals, and shown on an approved landscape plan.

The home occupation use may not exceed the greater of 400 square feet or 25 percent of the living space of the residence.

Home occupations shall be permitted in conjunction with any legal residential use if in conformance with the following standards: (1) No person other than individuals residing on the premises shall be engaged on the premises in such home occupation. (2) The home occupation shall be clearly incidental and subordinate to the residential use of the property. The home occupation use may not exceed the greater of 400 square feet or 25 percent of the living space of the residence. (3) There shall be no change in the outside appearance of the building or premises or other evidence of the conduct of such home occupation visible from the street or adjacent properties. Signs and outdoor storage are not permitted except for a single four square foot identification sign. (4) There shall be no on-premises direct retail sales of goods or materials to the general public. This shall not be interpreted to preclude the occasional delivery of products produced on the premises in low volume or as a custom order, inclusive of specialty bakeries, dressmakers, tailors, artists and similar craft and artisan occupations. (5) Exclusive of child or adult day care, on-site customer or client contact shall be limited to the period between 8:00 a.m. and 8:00 p.m., Monday through Saturday. (6) Parking is limited to two off-street spaces in addition to the spaces required for residential occupancy. Parking must be ten feet from any property line and shall be suitably surfaced and effectively screened and buffered by landscaping from view of adjacent residential properties. (7) The occupation or activity shall not require the use of machinery or equipment that creates noise, odor, smoke, dust or glare or is unreasonably dangerous or disruptive to persons residing in the home or on adjacent property nor shall flammable or toxic substances be utilized other than that which would customarily be utilized in the home in association with a hobby or avocation not conducted for gain or profit. (8) Commercial vehicles must be kept behind the principal building setback line applicable in the district unless kept in a garage or an enclosed and screened storage yard. Only two vehicles or pieces of equipment may be operated from the site in connection with a home occupation except as permitted in subsection (b)(2) below. In the R-0, R-0A, R-1, R-1A, R-2, R-3 and PUD districts, the maximum gross vehicle weight for any vehicle operated from the property shall be 26,000 pounds.

The following home occupations and those with similar patterns and intensities of customer visitation and activity levels may only be conducted in the A-1, R-0, R-0A, R-1, and R-1A districts: a. Photography studios. b. Adult day care centers for not more than four, aged, infirm or disabled adults who reside elsewhere. c. Tutoring, music or voice lessons or similar services for not more than four persons, other than the family members of the provider, at any single time.

The following uses shall not be permitted as accessory home occupations unless permitted as a principal use in the district in which located: (1) Automobile repair and servicing. (2) Funeral chapels or funeral homes. (3) General retail sales. (4) Medical or dental clinics or hospitals. (5) Restaurants, tearooms, or other eating or drinking establishments. (6) Animal clinics or hospitals, commercial stables, commercial kennels. (7) Other activities and land uses which the zoning administrator determines to be materially similar to the activities listed above.

Parking space min 162 sq ft, 9x18 ft; temporary sign max 90 days; substantial improvement 50% threshold.

The regulations for this R-O, R-OA, R-1 and R-1A district are designed to stabilize and protect the essential characteristics of the R-O, R-OA, R-1 and R-1A district, to promote and encourage a suitable environment for family life where there are children, and prohibit all activities of a commercial nature.

The regulations for this R-O, R-OA, R-1 and R-1A district are designed to stabilize and protect the essential characteristics of the R-O, R-OA, R-1 and R-1A district, to promote and encourage a suitable environment for family life where there are children, and prohibit all activities of a commercial nature.

Public utility structures may be constructed to any necessary height, when located as far from all lot lines as the height of the structure.

For corner lots the minimum area shall be 27,000 square feet.

For corner lots the minimum width at the setback line shall be 125 feet. The front of the lot shall be the shortest of the two side lines adjacent to the street.

Greater heights when required for a particular use may be authorized by the board of zoning appeals as a special exception.

For lots served by public water and sewer, the minimum lot area shall be 10,000 square feet.