KING GEORGE  VIRGINIA  AGENDA  King George County Board of Zoning Appeals  Wednesday, October 2, 2024, at 6:30 p.m.  CALLTO ORDER APPROVAL OF MINUTES None PUBLIC HEARINGS None OLD BUSINESS  Continuation from meeting on August 27th regarding Variance Request Case Number Z- 2024-00196: Request by Dwayne Carabin, property owner for a Variance from the requirements of Section 5-2-6(d)(5)i), per Section 5-2-13 of the King George County Zoning and Subdivision Ordinance for the construction of an 40-foot by 50-foot accessory barn with a 15-foot overhang in the landward 50' of the Resource Protection Area (RPA) buffer. Total encroachment into the RPAI buffer is 4,950SF. Tax Map 18B (1), Parcel 13,2.02  acres zoned A-2 (Rural Agriculture).  NEW BUSINESS None OTHER BUSINESS None ADJOURNMENT  Thosei interested ina attending thisr meetingwhomayh haveaneedi fora ani interpreter orhearing assistance equipment duetoahearingi impairment shouldp please contact our oficeat540-775-9181 (DD540-752049)byr noon ont theF Fridayb beforet ther meeting. At finala agendav with alls supportingo documentation: willl be available ont the county'swebsite. aty www.kinggeorgecountyva.gov.    COMMUNITY! DEVELOPMENT KING GEORGE  10459 Courthouse) Drivo, Suite 104 King George, VA22485 Telephone: (540)775-7111 Pax:($40)775-3139  VIRGINIA  February 26, 2024 Dwayne A. Carabin 8499 Gray Foxl LN King George, VA22485  RE: Permit. Application 2024_01351,  Tax Map 18B (1), Parcel 13, 16012 MachodocDrive  Mr. Carabin,  The: above referenced permit application has been reviewed and we offer thet following comments;  Benjamin Tatum Dated January 3, 2024 and stamped received on January 24, shed located in thet front yard of parcel 13 on county taxi map 18B (1) or  The site plan prepared by Protection. Area (RPA)buffer.  2024 demonstrates ap proposed Note2 oft the site plan states, "A portion oft this lot is located withinal Resource 16012MachodocDrve. The Wetlands shownweredeineated by others & field located byt this firm. The proposed shed on the site plan is located within the landward! 50' RPAI buffer. Section 5-2-6-D(i) of the King George result in the loss of al buildable area on al lot or parcel recorded prior to October 1,  50' &100' RPA! buffers shown based on edge of wetlands."  County Zoning and Subdivision ordinance (KGZSO) states, "When the application of the  buffer areas would 1989,tieAdministatormay:  authorize encroachments into thel buffer areai in accordance with Section 5-  2-8, Plan of Development, andt thef following criteria:  to achieve a reasonable  1. Encroachments into the buffer areas shall be the minimum necessary buildable areai for ap principal structure and necessary utilities; 2. Where practicable, a vegetated area that will maximize water quality protection, mitigate effects of thek buffer encroachment, andi is at a minimum equal tot thea area of encroachmentinto theb buffer area shall be established elsewhere on thel lot or parcel; and 3. Thee encroachment may note extend into the seaward! 50f feet oft thel buffer area."  the  has an existing principal structure, a single-family dwelling. The shed is an the use of whichi is clearly incidental to that oft the main building or  Regardingi item 1, yourparcel ont thes same lot docks,carports," private site and which may or may not motorhomes, travel trailers, or other recreational  stnuctwvesubon.natetoand. located commonwallor rooftothemain! building.  accessory: structure. Accesorystructureis: definedas, "Abuildingo gor totheuseofthel land, andwhichisr notattached byanypartofac  witha a main  building,  Thet term "accessory structure" also includes, buti is not limited to, portable storage containers, gazebos,  greenhouses, andshedswhich may! ber modulari in natureand are delivered tothe have a foundation. Accessory building or structure does not include  vehicles." Per section 11-4-6 KGZSO. Only principal  the  application cannotbe  structures are permitted to encroach in the RPAI buffer. Fort this reason, permit  approved.    COMMUNITYI DEVELOPMENT KING GEORGE  104590 Courthouse Drive, Suite 104 King George, VA22485 Tolephone:( (540)775-7111 Fax: (540)775-3139  VIRGINIA  oft the Zoning Administrator mayk be appealed toi the Board of Zoning Appeals within thirty (30)  Decisions  152-2311,etse,ofthed Code ofVirginia or Article 3, Section 3-9-1ofthe renders a zoning decision final and unappealable. Additional  daysi in accordance withSection KGZSO. Failure to appeal within 30 days information regarding the filing of an appeal may  be obtained in the Department of Community  Development, located withinthe -  VA22485.  Ifyouh have any questions, please contact me at areahsEn  Sincerey,  PLKA  Richard StuartJr,  Interim Director of Community! Development Cc: Chronological File and Parcel File  Richard H: Stuart: Sr. County Attorney King George County Angela Foroughi Zoning Administrator King George County    nt4  KING GEORGE COUNTY BUILDING PERMIT APPLICATION  DEPARTMENT OF COMMUNITY DEVELOPMENT 10459 COURTHOUSE DRIVE, SUITE 104 KING GEORGE, VA22485 PHONE: (540)775-7111 FAX: (540)775-3139 APPLICATIONI FORI BUILDING AND: ZONINGPERMITS  ct.1720 Application Date: Received By: Residential  Permit Number: 2024-01351  Construction Code Year:  ALL APPUCABIENFORMATON MUST BE COMPLETED OR APPLICATION WILLI BE RETURNED. (Please Print)  Commercial  Building Permit  Zoning! Permit  Amendment  703 3 304.4823 Daytime Telephonel No. a2485  Owner Information Nane  DMAUE A CARABr  8499 GRAV Fox LN KINh GRRLE VA hayear4OAaL.ca.  MalingA Address  703304.4823 CellNumber  E-hailAddrèss Name MailigA  FaxNumber  MARABIW  703-3144825 Telephone! No.  Builderl Applicant Esamea as owner  porL A  8E99 GMAE IN KNE GPORER JA Twpokwe  aa98f  FaxNumber  E-mail  Property Information Subdivision  GEORAZ V4 0248  Address/ /Road Name 16012 MACHDIC DR KIN4  MweHhBGC NMBO2S  Taxh Map#  Sectign  Parcel  TolalA Acres:  Acres Distubedl, q0pl RPA: DYes DNo  Zoning:.  Description of work:  Boub  DATICHA GARAR  2015    Permit Type: DS Single Family Dwelling DE Deck OGarage OPool  OShed/ Metal Carport DElectric! Service Upgrade DDemo  DElectric DMechanical DOther (Please specify).  DAntenna DRetaining) Wall DAlarms/ Fire Protection System  [Demo  [Plumbing OConstruction/ Offiçe" Trailer  Din Ground JAbove Ground Construction D Framed Foundation OMasonry Square Footage Foundation OCrawl space Walls Exterior Roof  PLEASE FILLI IN ALL AREAS RELEVANTTOTHE PERMIT BEING REQUESTED  Modular DSWMH DConcrete D Wood  DWMH Pre-Cast Concrete  Serial#. DOnFrame Totalsq. ft. Total Sq. ft.  YEAR DOffFrame  D  1stfloors sq.f ft.  2mdf floors sq,.ft DUnfinished Finished.  Basement  DWoodFrame OSteel Brick DShingle Water: D Private Public No. of Bedrooms Detached OFront OFront Front Framed OFramed Amps  OCMU OVinyl Metal Sewer: Private [Public No. ofE Baths_ Length Length Length Length  OConcrete OLog DEIFS  DOther DOther  DWood  OStone DOther Health Permit No:. Stories_ Width Width Width Width Width Width DExisting  Garage Porch Deck Ramp Shed Carport Electrical  DAttached OR Rear DRear DRear  Sq.ft. Sq.ft. Sq.ft. Sq.ft. Sq.ft. Sq.ft. DUpgrade  OPre-Manufactured Length OPre-Manufactured Length DDOMONNEC  DNew Fuel Type OGasLogs Half Bath# DSolar  OTemporary  DReplacement Hood  Mechanical Typel Heat Fireplace Plumbing Water Heater Gas Tank Gas lines New Generator Sign Tent  DWood Full Bath!  DElectric DElectric  Wood Stove Chimney  Flue  DR Replace well DRepairs OReplacement  DOther  DReplacement DAbove ground DUnderground  Fuel Source  OPermanent OPortable  Type  Freestanding. DAttached to Bldg. lluminated Non-lluminated Size  Occupant Load  DCooking  Size  Estimated Cost of Work to bel Performed $. I6o00.6  Total Sq.Ft. 3396  2015    Mechanic Lien Agent a NotD Designated  Telephone! No.  Name Mailing Address  Attach copies of allVAC Contractors License and Dwoynt CoYgow (GP)  Phone Number  Contractor Information General Contractor Electrical Contractor Mech/HVAC Contractor Plumbing Contractor Icertify that all licenses and  Tradesman License  703-304-4823  LPTank/Line Contractor certifications required the State of Virginia andi King George Comty are current at the time of  this office immediately by  of any changes to the: above-noted subcontractors.  application. Please notify  124124 Date  OWlyne OXOV Print Name  Cont'actor  Dih  Signature  OFFICE USE: FEMAI MAP PANEL:  FLOODZONE:  YDRALOICHIODZONE,  the Applicant application Certification and that the infommation given is correct, I shall conform to the Zoning  Ihereby certify that Ihave the authority to makc foregoing Preservation Ordinance and the Water and Sewer Specifications of King Gcorge Ordinance, Building Codes, Erosion Ordinance, the Chesapeake Bay sot thati itis visible from public right of way. Thej permits are void ifc construction is not started withins six (6)r months of permiti issuance.) Revocation of] Permit: Thec information: may byt ap permit the applicant int the: application ord constnuction  County. NOTICE: Permits must be displayed ont premises ofthel USBCi ino case ofanyf false: statement, misrepresentation of fact ori incorrecti doçuments on which the permit or approval wast based. DAMERs Please Print name Home Phone:, Office Use: Zoning Review Approval: Building Review Approval:  code official revokea  or approval issued under they provisions 1éibe  supplied  Owner orA Applicant Signature RAE  Work Phone:.  Fax:.  Email:.  Date: Date:  2015    S)  8    Code of Virginia  Title 15.2. Counties, Cities and' Towns Subtitle II. Powers of Local Government Chapter 22. Planning, Subdivision ofLand and Zoning Article 1. General Provisions $ 1 15.2-2201. Definitions  As used ini this chapter, unless the context requires a different meaning:  Affordablel housing" means, as a guideline, housing that is affordable to households with incomes at orl below the area median income, provided that the occupant pays no more than thirty percent ofl his gross income for gross housing costs, including utilities. For the purpose of administering affordable dwelling unit ordinances authorized by this chapter, local governments may establish individual definitions of affordable! housing and affordable dwelling units including determination oft the appropriate percent of area median income and percent of gross "Conditional zoning" means, as part of classifying land within al locality into areas and districts byl legislative action, the allowing of reasonable conditions governing the use of such property, such conditions being in addition to, or1 modification of the regulations provided for a particular Development" means a tract ofl land developed or to be developed as a unit under single ownership or unified control which ist tol be used for any business or industrial purpose ori ist to contain three or more residential dwelling units. The term development" shall not be construed toi include any tract of land which will be principally devoted to agricultural production. Historic area" means an area containing one or more buildings or places in which historic events occurred orl having special public value because of notable architectural, archaeological or other features relating to the cultural or artistic heritage oft the community, ofs such significance as to "Incentive zoning" means the use of bonuses in the form ofincreased project density or other benefits to a developeri ini return. for the developer providing certain features, design elements, uses, services, or amenities desired by the locality, including but not limited to, site design incorporating principles ofi new urbanism and traditional neighborhood development, environmentally: sustainable and energy-efficient building design, affordable housing creation and preservation, and historical preservation, as partoft the development. "Local planning commission" means a municipal planning commission or a county planning "Military installation" means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under jurisdiction of the U.S. Department ofI Defense, including any leased facility, or any land ori interest in) land owned by the Commonwealth and administered by the Adjutant General of Virginia or the Virginia Department of Military Affairs. "Military installation" does not include any facility used primarily for civil works, rivers and harbors projects, or flood "Mixed use development" means property that incorporates two or more different uses, and may  income.  zoning district or zone by the overall zoningordinance.  warrant conservation and preservation.  commission.  control projects.  5/9/2024 12:00:00.    include a variety ofhousing types, within a single development.  "Official map" means a map of legally established and proposed public streets, waterways, and public areas adopted by a locality in accordance with the provisions of Article 4 (S 15.2-2233et "Planned unit development" means ai form of development characterized by unified site design forav variety ofhousing types and densities, clustering ofb buildings, common open space, and a mix ofb building types and land usesi in which project planning and density calculation are performed for the entire development rather than on an individual lotl basis. "Planning district commission" means ai regional planning agency chartered under the provisions "Plat" or "plat of subdivision" means the schematic representation ofl land divided or to be divided andi information in accordance with the provisions of SS 13424,52224,53439 Preliminary subdivision plat" means the proposed schematic representation of development or subdivision that establishes how the provisions of SS 15.2-2241 and 15.2-2242, and other Resident curator" means a person, firm, or corporation that leases or otherwise contracts to manage, preserve, maintain, operate, orr reside in a historic property in accordance with the "Site plan" means the proposal fora a development or a subdivision including all covenants, grants or easements and other conditions relating to use, location and bulk ofl buildings, density of development, common open space, public facilities and such otherinformation as required by the subdivision ordinance to which the proposed development or subdivision is subject. "Special exception" means a special use that is a use not permitted in a particular district except by a special use permit granted under thej provisions oft this chapter and any zoning ordinances "Street" means highway, street, avenue, boulevard, road, lane, alley, or any public way. "Subdivision," unless otherwise defined in an ordinance adopted pursuant to $ 15.2-2240, means the division of aj parcel ofl land into three or more lots or parcels ofl less than five acres each for thej purpose of transfer of ownership or building development, or, ifa new street is involved in such division, any division of aj parcel ofland. The term includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided and solely for the purpose of recordation of any single division of land into twol lots or parcels, a plat of such division shall be submitted for approval in accordance with S 15.2-2258. Nothing in this definition, section, nor any ordinance adopted pursuant to S 15.2-2240 shall preclude different owners of adjacent parcels from entering into a valid and enforceable boundary line agreement with one another sol long as such agreement is only used to resolve a bona fide property line dispute, the boundary adjustment does not move by more than 250 feet from the center of the current platted line or alter either parcel's resultant acreage by more than five percent oft the smaller parcel size, and such agreement does not create an additional lot, alter the existing boundary lines ofl localities, result in greater street frontage, ori interfere with ai recorded easement, and such agreement shall not result in any nonconformity with local ordinances 5/9/2024 and 12:00:00.  seq.) hereof.  ofC Chapter 42 (S 15.2-4200 et seq.) oft this title.  ,15.2-2262, and 15.2-2264, and other applicable statutes.  applicable statutes will be achieved.  provisions ofs 15.2-2306 and other applicable statutes.  adopted herewith.  2    health department regulations. Notice shall be provided to the zoning administrator of the locality in which the parcels are located for review. For any property affected by this definition, any division ofland subject to a partition suit by virtue of order or decree by a court of competent jurisdiction shall take precedence over the requirements of Article 6 (S 15.2-2240 et seq.) and the minimum! lot area, width, or frontage requirements in the zoning ordinance sO long as thel lot or parcel resulting from such order or decree does not vary from minimum lot area, width, or frontage requirements by more than 20 percent. A copy of the final decree shall be provided to Variance" means, in the application of a zoning ordinance, a reasonable deviation from those provisions regulating the shape, size, or area ofal lot or parcel of land or the size, height, area, bulk, orl location of al building or structure when the strict application oft the ordinance would unreasonably: restrict the utilization oft the property, and such need for a variance would not be shared generally by other properties, and provided such variance is not contrary tot the purpose of the ordinance.. It shall not include a change in use, which change shall be accomplished by a "Working waterfront" means an area or structure on, over, or adjacent to navigable waters that provides access to the water andi is used for water-dependent commercial, industrial, or governmental activities, including commercial and recreational fishing; tourism; aquaculture; boat and ship building, repair, and services; seafood processing and sales; transportation; Working waterfront development area" means an area containing one or more working waterfronts having economic, cultural, orl historic public value of such significance as to warrant "Zoning" or "to: zone" means thej process of classifying land within a locality into areas and districts, such areas and districts being generally referred to as "zones," by legislative action and the prescribing and application in each area and district of regulations concerning building and structure designs, building and structure placement and uses to which land, buildings and Code 1950, S1 15-961.3; 1962, c.407,815.1-430; 1964, c. 547; 1966, C. 344; 1975, C. 641;1976,C. 642; 1977, C. 566; 1978, C. 320; 1987,c. 8; 1989, C. 384; 1990, C. 685; 1993, C. 770; 1995, C. 603; 1997, C. 587;2008, CC. 635,718;2011, C. 237;2012, C. 554;2013, CC. 149,213;2015, C. 597;2017,c. The chapters oft the acts of assembly referenced in the historical citation at the end of this section(s) may not constitute a comprehensive list of such chapters and may exclude chapters  the: zoning administrator oft thel locality in which the property is located.  rezoning or bya a conditional zoning.  shipping; marine construction; and military activities.  development and reparation.  structures within such designated areas and districts mayl be put.  216;2022, C. 271.  whose provisions have expired.  3  5/9/2024 12:00:00,    Code of Virginia  Title 15.2. Counties, Cities and' Towns Subtitle II. Powers ofLocal Government Chapter 22. Planning, Subdivision ofLand and Zoning  Article' 7.Zoning  $1 15.2-2309. Powers and duties ofl boards of zoning appeals  Boards ofzoning appeals shall have the following powers and duties:  1.Tohear and decide appeals from any order, requirement, decision, or determination madel by an administrative officer in the administration or enforcement of this article or of any ordinance adopted pursuant thereto. The decision on such appeal shall be based on the board's judgment of whether the administrative officer was correct. The determination oft the administrative officer shall bej presumed tol be correct. At a hearing on an appeal, the administrative officer shall explain the basis for his determination after which the appellant has the burden of proof to rebut suchj presumption of correctness by a preponderance oft the evidence. The board shall consider applicable ordinances, laws, and regulations ini making its decision. For purposes oft this any section, determination means any order, requirement, decision or determination made by an administrative officer. Any appeal ofa determination to the board shall be in compliance with 2.1 Notwithstanding any other provision ofl law, general or special, to grant upon appeal or original application in specific cases a variance as defined in S 15.2-2201, provided that the burden of proof shalll be on the applicant for a variance to prove by a preponderance oft the evidence that his application meets the standard for a variance as defined in S 15.2-2201 and the Notwithstanding: any other provision of law, general or special, a variance shall be granted ifthe evidence shows that the strict application oft the terms of the ordinance would unreasonably restrict the utilization of the property or that the granting of the variance would alleviate a hardship due to aj physical condition relating tot the property or improvements thereon at the time of the effective date oft the ordinance, or alleviate a hardship by granting aj reasonable modification to a property ori improvements thereoni requested by, or on behalf of, a person with ad disability, and (i) the property interest for which the variance is being requested was acquired in good faith and anyl hardship was not created by the applicant for the variance; (ii) the granting of the variance will not be of substantial detriment to adjacent property and nearby properties in the proximity oft that geographical area; (ii) the condition or situation of the property concerned is1 not of so general or recurring ai nature as to: make reasonably practicable thei formulation ofa general regulation tol be adopted as an amendment to the ordinance; (iv) the granting of the variance does not result in a use that is not otherwise permitted on such property or a change in the zoning classification of the property; and (v) the relief or remedy sought by the variance application is not available through a special exception process that is authorized in the ordinance pursuant to subdivision 6 ofs 15.2-2309 or the process for modification of a zoning ordinance pursuant to subdivision. A 4 ofs S 15.2-2286 at the time oft the filing of the variance application. Any variance granted to provide a reasonable modification to a property or improvements thereon requested by, or on behalf of, aj person with a disability may expire when the person benefited byi iti is no longer ini need of the modification to such property or improvements provided by the variance, subject toi the provisions of state and federal fair  this section, notwithstanding any other provision oflaw, general or special.  criteria set out in this section.  7/10/2024 12:00:00    housing laws, ort the Americans with) Disabilities. Act of 1990 (42 U.S.C. $ 12131 et seq.), as applicable. Ifai request for aj reasonable modification: is made to a locality and is appropriate under the provisions of state and federal fair housing laws, or the Americans with Disabilities Act of 1990 (42 U.S.C. $ 12131 et seq.), as applicable, such request shall be granted by thel locality unless a variance from the board of zoning appeals under this section is required in order for No variance shall be considered except after notice and hearing as required by S 15.2-2204. However, when giving any required notice to the owners, their agents or the occupants of abutting property and propertyimmediately across the street or road from the property affected, the board may give such: notice by first-class mail rather than by registered or certified: mail. In granting a variance, the board may impose such conditions regarding the location, character, and other features of the proposed structure or use as it may deem necessary int the public interest and may require a guarantee or bond to ensure that the conditions imposed arel being and will continue tol be complied with. Notwithstanding any other provision of law, general or special, the property upon which a property owner has been granted a variance shall bet treated as conforming for all purposes under state. law and local ordinance; however, the structure permitted by they variance may not be expanded unless the expansion is within an area ofthe site or part of the structure for which no variance is required under the ordinance. Where the expansion is proposed within an area of the site or part ofthe structure for which a varianceis is 3. Tol hear and decide appeals from the decision of the zoning administrator after notice and hearing as provided by $ 15.2-2204. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from thej property affected, thel board may give such notice by first-class mail rather than by 4.Tol hear and decide applications for interpretation of the district map where there is any uncertainty as to the location ofa district boundary. After notice to the owners of thej property affected by the question, and after public hearing with notice as required by S 15.2-2204, the board may interpret the map in such way as to carry out the intent and purpose of the ordinance for the particular section or district in question. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the board may give such notice by first-class mail rather than by registered or certified mail. Thel board shall not have the power to change substantially thel locations of district boundaries as established by ordinance. 5.3 No provision of this section shall be construed as granting any board the power toi rezone property or tol base board decisions on the merits oft the purpose and intent oflocal ordinances 6. Tol hear and decide applications for special exceptions as may be authorized: in the ordinance. Thel board may impose such conditions relating to the use for which a permit is granted as it may deem necessary ini the public interest, including limiting the duration ofaj permit, and may require a guarantee or bond to ensure that the conditions imposed are being and will continue to No special exception may be granted except after notice and hearing as provided by S 15.2-2204.  such request to be granted.  required, the approval of an additional variance shall be required.  registered or certified mail.  duly adopted by the governing body.  be complied with.  2  7/10/2024 12:00:00    However, when giving any required notice tot the owners, their agents or the occupants of  and propertyi immediately across the street or road from thej property: affected, notice by first-class mail rather than by registered or certified mail. previously granted by thel board of zoning appeals ift the board required notice to the owners, their agents or the occupants of  abutting property the board may give such 7.To1 revoke a special exception determines that there has not been compliance  with the terms or conditions oft the permit. No  15.2-2204.  special exception may be revoked except after notice and hearing as provided by S  when  However,  giving any immediately across the street or road from thej property affected,  abutting property andj property first-class mail rather than by registered or certified mail.Ifa conditions oft the permit, theni it may also revoke special exceptions in the manner provided by 8. .Thel board by resolution may be continued ift the chairman, or vice-chairman ift the chairman  thel board may give such notice by  exceptions pursuant to S 15.2-2286,  governing body reserves unto itselft the right toi issue special and, ift the governing body determines that there has not been compliance  with the terms and  this subdivision.  fix a schedule of regular meetings, and may also fix the day or  days to which any meeting shall  conditions are: such that it is hazardous  ist unable to act, finds and declares that weather or other  the members and the  for members to attend the meeting. Such finding shalll be communicated tot  as  All hearings and other matters previouslyadvertised for such  press as promptly possible. with $ 15.2-2312 shalll be conducted at the continued meeting and no Code 1950, SS 15-831, 15-850, 15-968.9; 1950, p. 176; 1962, C. 407,515.1-495; 1964, C. 535; 1972, C. 695;1975, CC. 521,641;1987, C. 8; 1991, C. 513; 1996, c. 555;1997, C. 587;2000, C. 1050; 2002, C. 546;2003, C. 403;2006, C. 264;2008, C. 318;2009, C. 206;2015, C. 597;2018, c.7 757. The chapters of the acts of assembly referenced ini thel historical citation at the end of this  meeting in accordance furthera advertisement is required.  not constitute a comprehensive list of such chapters and may exclude chapters  section(s) may  whose provisions have expired.  3  7/10/2024 12:00:00    King George County Zoning & Subdivision Ordinance Article VII - Use Performance Standards Division 7. Miscellaneous Use Standards. Section 7-7-1. Accessory Structure.  (A) Exemptions. Residential accessory structures including, but not limited to, flag poles, basketball hoops, clotheslines, arbors, swings, structures less than 6 square feet, or residential yard ornaments shall be exempt fromi the minimum setback, lot area, and certification requirementsas  specified in this Section. (B) Development: Standards.  (1) Accessory structures shall meet the standards of the underlying zoning district, including (2) Accessory: structures are not permitted ini front setbacks, except in agricultural districts. (3) Accessorystructures: shall not exceed 40% of the gross floor area oft the main structure. ) - Accessorys structures ina agricultural districts are exempt from this provision.  setbacks and height regulations.  (C) Permanent Portable Storage Containers.  (1) Where Permitted. Permitted ina agricultural districts only. Prohibited ini residential, commercial,  industrial, and planned development districts.  (2) Standards.  () Portable storage containersused as permanent: storage located outside ofai fully enclosed building or structure in an agricultural district, and visible from adjacent properties or highways shall be screened and/or buffered in compliance with Article VIII, Community (i) AZ Zoning Permit is required for any portable storage container located on a lot for more (ii) The portable storage container shall meet all setback requirements fort the districti tiny which (iv) Other than the required Zoning Permit, no sign shall be attached to a portable storage container except to provide the contact information of the container provider. Portable storage containers: shall not be usedi in conjunction with a Class A, Class B, or Class (v) CHome Occupation, or used as a principal use or main building or structure. (vi) Thevertical stacking of portable storage containers and thes stacking of any other materials orr merchandise on top of anys storage container shall be prohibited.  Design Standards, of this Ordinance, and kept in good condition.  than 15 calendar days. itis located.  (D) Temporary Portable Storage Containers.  (1) Where Permitted. Permitted in all zoning districts.  (2) Standards.  () A Zoning Permit is required for any portable storage container used temporarily and  located on al lotf for more than 15 calendar days.  Article VII - Use Performance Standards 7-75    King George County Zoning & Subdivision Ordinance Article VII - Use Performance Standards Division 7. Miscellaneous Use Standards. Section 7-7-1. Accessory Structure.  (A) Exemptions. Residential accessory structures including, but not limited to, flag poles, basketball hoops, clotheslines, arbors, swings, structures less than 6 square feet, or residential yard ornaments shall be exempt from the minimum setback, lot area, and certification requirementsas  specified in this Section. (B) Development Standards.  (1) Accessory structures shall meet the standards of the underlying zoning district, including (2) Accessorys structures are not permitted in front setbacks, except in agricultural districts. (3) Accessory structures: shall note exceed 40% of the gross floor area of ther main structure. () Accessory: structures in agricultural districts are exempt from this provision.  setbacks and height regulations.  (C) Permanent Portable! Storage Containers.  (1) Where Permitted. Permitted ina agricultural districts only. Prohibitedi ini residenta/commerca,  industrial, and planned development districts.  (2) Standards.  () Portable storage containers used as permanent storage located outside ofa at fullye enclosed building or structure in an agricultural district, and visible from adjacent properties or highways shall be screened and/or buffered in compliance with Article VII, Community (i) A Zoning Permit is required for any portable storage container located on a lot for more (ii) The portable storage container shall meet alls setback requirements fort the districti in which (iv) Other than the required Zoning Permit, no sign shall be attached to a portable storage container except to provide the contact information oft the container provider. (v) Portable storage containers: shall not be usedi in conjunction' witha a Class A, Class B, or Class CHome Occupation, or used as a principal use or main building or structure. (vi) They vertical stacking of portable storage containers andi the stacking of any other materials or merchandise on top of any storage container shall be prohibited.  Design Standards, of this Ordinance, and kept in good condition.  than 15 calendar days. itis located.  (D) Temporary Portable Storage Containers.  (1) Where Permitted. Permitted in all zoning districts.  (2) Standards.  (i) A Zoning Permit is required for any portable storage container used temporarily and  located on al loti for more than 15 calendar days.  Article VII - Use Performance Standards 17-75    King George County Zoning & Subdivision Ordinance  Article V - Overlay Zoning Districts  soils, plant species, and other data, and consult other appropriate resources as needed to (3) Delineation Confirmation or Conflict. Where the applicant has provided a site-specific delineation ofi thel RPA, the Administrator will verifyt the accuracy of the boundary delineation. Inc determining the site-specific RPA boundary, the Administrator may render adjustments to the applicant's boundary delineation, in accordance with Section 5-2-8, Plan of Development. Int the event the adjusted boundary delineation is contested by the applicant, the applicant mays seek relief, ina accordance with the provisions of Section 5-2-10, Denial/Appeal of Plan.  perform the delineation.  Section 5-2-3. Conflict with Other Regulations.  Ina any case where ther requirements oft this Article conflict with any other provision oft the King George County Code or existing state or federal regulations, whichever imposes ther more: stringent restrictions  shall apply.  Section 5-2-4. Use Regulations.  Permitted uses, Special Exception uses, accessory uses, and special requirements shall be as established by the underlying zoning district, unlesss! specifically modified by the requirements setf forth  herein.  Section 5-2-5. Lot Size.  Lot size shall be subject to the requirements of the underlying zoning district(s), provided that any lot shall have sufficient area outside the RPA to accommodate an intended development, in accordance with the performance standards in Section! 5-2-6, when such development is not otherwise allowed in  the RPA.  Section 5-2-6. Performance Standards.  (A) Purpose and Intent. The performance standards establish the means to minimize erosion and sedimentation potential, reduce land application of nutrients and toxins, and maximize rainwater infiltration. Natural ground cover, especially' woody vegetation, is most effective in holding soil in place and preventing site erosion. Indigenous vegetation, with its adaptability to local conditions without the use of harmful fertilizers or pesticides, filters stormwater runoff. Minimizing impervious cover enhances rainwater infiltration and effectively reduces stormwater runoff potential. The purpose and intent of these requirements are also to implement the following (1) Prevent ar neti increase in non-point source pollution from new development; (2) Achieve a 10%1 reduction in non-point source pollution from redevelopment; and (3) Achieve a 40% reduction in non-point source pollution from agricultural uses.  objectives:  (B) Required Conditions.  (1) All development and redevelopment equal to or greater than 2,500 square feet of land disturbance. shali be subject to a plan of development process, including the approval of asite  Article V- - Overlay Zoning Districts 15-5    King George County Zoning & Subdivision Ordinance  Article V - Overlay Zoning Districts  plan or a subdivision plat in accordance with the provisions of the Zoning and Subdivision (2) Development in RPAS may be allowed only if it: () is water-dependent; or (ii) constitutes (i) A new or expanded water-dependent facility may be allowed provided that the following  Ordinance unless otherwise provided for. redevelopment meeting the criteria provided below:  criteria are met:  1. Ito does not conflict with the Comprehensive Plan;  2. Itc complies with the performance criteria set forth in Section 5-2-6oft this Article; 3. Any non-water-dependent component is located outside of the RPA; and 4. Access tot thev water-dependent facility willl be provided witht the minimum disturbance necessary. Where practicable, a single point of access will be provided. (i) Redevelopment on isolated redevelopment sites outside of an area designated by King George County to be an IDA shall be permitted only ift there is no increase in the amount of impervious cover and no further encroachment within the RPA and shall conform to the stormwater management criteria set forthi in the Erosion and Sediment Control Law and the Virginia Stormwater Management Act andi their attendant regulations, as well as all applicable stormwater managementrequremens: ofo others state: andf federal agencies. (ii) Roads and Driveways not exempt under subdivision B1 of 9VAC25-830-150 and which, 1. The Administrator makes af finding that there are noreasonable: alternatives to aligning 2. The alignment and design oft the road or driveway are optimized, consistent with other applicable requirements, to minimize () encroachment of the RPA and (ii) adverse 3. The design and construction of the road or driveway satisfy all applicable criteria of this Ordinance, including submission of a water quality impact assessment; and 4. The Administrator reviews the plan for the road or driveway proposed in or across the RPA in coordination with other local government, state, federal requirements, and 5. The plan for the road or driveway proposed in or across the RPA: shall be coordinated with either a Site Plan in accordance with Article III, Permits and Applications, of this Ordinance, oras subdivision submittal in accordance with. Article X, Subdivision, oft this (iv) Flood control and stormwater management facilities that drain or treat water from multiple development projects, or from a significant portion of a watershed, may be allowed in anl RPAprovided: suchf facilities are allowed and comstructedinaccordance with the Virginia Stormwater Management Act and its attendant regulations, and provided  therefore, must comply with the provisions oft thei following: the road or drivewayi in or across the RPA;  effects of on water quality;  development approvals.  Ordinance.  that:  Article V- Overlay Zoning Districts I 5-6    King George County Zoning & Subdivision Ordinance  Article V - Overlay Zoning Districts  has conclusively established that location of the facility within  1. The local government the RPAI is the optimum location; stormwater treatment, or both;  2. The size oft the facilityi is the minimum necessary' to provide necessary flood control or 3. The facility must be consistent with a comprehensive stormwater management plan  and approved in accordance with Chapter 5.5, Environment, of the King  developed George County Code; 4. All applicable permits from the appropriate state  for construction in state or federal waters must be obtained and federal agencies, such as the U.S. Army Corps of  Engineers, the department, andi the' Virginia Marine Resources Commission; 5. Approval must be received from the local government prior to construction; and Routine maintenance is allowed tol be performed on such facilities to assure that they continue toi function as designed. Iti is not the intent of this subdivision to allow al best  practice that collects and treats runoff from only an individual lot or Assessment (WQJA) shall be required for any proposed use, land or redevelopment within RPAS and for any development  management  some portion of thel lot to be located within an RPA.  (3) A Water Quality Impact RMAswhen required by  within  disturbance, development, the Administrator, as provided in Section! 5-2-7oft this Article.  (C) General Performance Standards for Development or Redevelopment.  Land disturbance shall be limited to the area necessary to provide for the proposed useor In accordance with an approved site plan, the limits of land disturbance, including  (1) development. (1)  shall be strictly defined by the construction footprint. These limits  clearing or grading site. (i) ingress otherwise approved by the Administrator. (2) Indigenous the use or development proposed Control Handbook. (i) site drainage, (i) Existing trees over 6  and  marked on the development  shall be clearly shown on submitted plans physically  and egress during construction shall be limited to one access point, unless vegetation shall be preserved to the maximum extent practicable consistent with  andi in accordance with the Virginia Erosion and Sediment BMPS, and the installation of utilities, as approved by the inches diameter breast height (DBH) located outside of the  Site clearing for construction shall be allowed only to provide necessary access, positive  water quality  Administrator through the plan of development process. construction footprint shall be preserved.  Diseased trees or trees weakened by age, storm, or other injury may be removed, when  (ii)  the Administrator. Other woody vegetation on site shall also be preserved  approved by  outside the approved construction footprint.  Article V- Overlay Zoning Districts 15-7    King George County Zoning & Subdivision Ordinance  Article V - Overlay Zoning Districts  (iv) Prior to clearing or grading, suitable protective barriers, such as safety fencing, shall be erected 51 ft. outside of the dripline of any tree or stand oft trees to be preserved. These protective barriers shall remain SO erected throughout all phases of construction. (v) The storage of equipment, materials, debris, or fill shall not be allowed within the area (3) Land development: shall minimize impervious cover to promote infiltration ofs stormwater into () Grid and modular pavements may be used for any required alley, or other low traffic (i) Parking areas and driveways shall be designed to minimize impervious surfaces. (4) Notwithstanding any other provisions of this Article and Chapter 6, Erosion and Sediment Control, of the King George County Code or exceptions or exemptions thereto, any land disturbing activity equal to or greater than 2,500 square feet, including construction of all single- family houses, septic tanks, and drainfields, shall comply with the requirements of Chapter 6, Erosion and Sediment Control, of the King George County Code. (5) All on-site sewage disposal systems not requiring a Virginia Pollutant Discharge Elimination  protected by the barrier.  the ground consistent with the proposed use or development. driveway, unless otherwise approved byt the Administrator.  System (VPDES) permit shall: 1. Ani inspection port; 2. An effluent filter; or  () Have installed one oft the three maintenance provisions:  3. Areduced maintenance baffied tank.  (i) Have pump- out accomplished for all such systems and provide written proof to the King George County Administrator that the system has been pumped by a licensed septic hauler on a form and in the manner set forth by the Administrator at least once every 1. Inl lieu of being required to provide proof of septict tank pump-out every five years, the property owner may submit documentation every five years, certified by an operator or on-site soil evaluator (OSE) licensed or certified under Chapter 23 (5 54.1-2300 et seq.) of Title 54.1 as being qualified to operate, maintain, or design on-site sewage systems that the septic system has been inspected and is functioning properly, and that the tank does not need tol have the effluent pumped out ofit.  five years.  (6) A reserve sewage disposal site with a capacity at least equal to that of the primary sewage disposal site shall be provided, in accordance with the King George County On-Site Sewage () This requirement shall not apply to any lot or parcel recorded prior to October 1, 1989, ifs such lot or parcel is not sufficient in capacity to accommodate a reserve sewage  Disposal Ordinance.  disposal site, as determined byt the local Health Department.  Article V- Overlay Zoning Districts I 5-8    King George County Zoning & Subdivision Ordinance  Article V- Overlay Zoning Districts  1. Fora any lot or parcel that has recorded adjustments or divisions after October1,1 1989, and resulted in a change to the original footprint of the recorded lot or parcel, the most recent recorded plat shall govern and must comply with 5-2-7 (6), above.  construction of impervious surface shall be prohibited on the area of ali  (i) Building or  any  which under a operates  sewage disposal sites or onan onsite sewage treatment system  permit issued by the State Water Control Board, until the structure is served by public Chesapeake Bay Preservation Act Land Disturbing Activity that is determined by the  sewer. (7) Any  in accordance with Chapter 5.5, Environment, of the King George  County tol bes grandfathered forth below: (i)  based technical criteria set  County Code shall comply with performance based or technology  Performance-based criteria. For land-disturbing activities, the calculated post- development load based upon the average land cover condition or the existing site predevelopment condition. A BMP shall be located, designed, and maintained to achieve the target pollutant removal efficiencies specified in 9VAC25-870-96 C of the Virginia Stormwater Technology-based criteria. For land-disturbing activities, the post-developed stormwater (i) runoff from the impervious cover: shall bet treated' by an appropriate BMP as required by the post-developed C. selected BMP shall be located, designed, and maintained to  nonpoint source pollutant runoff load shall be compared to the calculated  Management Program (VSMP) regulations.  condition percent impervious cover as specified in Table 1 of  9VAC25-870-96 The  in 9VAC25-870-96 Cof the  perform at the target pollutant removal efficiency specified Virginia Stormwater Management Program 9VAC25-870-65 oft the VSMP regulations.  (VSMP) regulations or those found in  Prior to initiating grading or other on-site activities on any portion of a lot or parcel, all  (8)  federal, state, and local laws and regulations shall be obtained  wetlands permits required by ofD Development, of this Article.  with Section 5-2-8, Plan  and evidence ofs such submitted to the Administrator, in accordance  which agricultural activities are being conducted, including but not limited to crop production, land pasture, by King George County, shall have a soil and water quality conservation agricultural conducted thate evaluates the effectiveness of existing practices pertaining tos soil assessment 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 Recommendations for additional conservation practices need address only those () conservation issues applicable to the tract or field being assessed. Any soil and water conservation practices that are recommended as a resuit of such an assessment effective in January 1999 in the "Field Office Technical Guide," as amended, of the U.S.  (9) Land upon  and dairy and feedlot operations, or lands otherwise defined as  is being accomplished consistent with the Act and this chapter.  water quality protection  quality and are subsequently  implemented with financial assistance from federal or state cost-  with cost-share  standards  share programs must be designed, consistent  practice  Article V- Overlay Zoning Districts 15-9    King George County Zoning & Subdivision Ordinance  Article V - Overlay Zoning Districts  Department of Agriculture Natural Resource Conservation Service or the June 2000 edition of the "Virginia Agricultural BMP Manual," as amended, of the Virginia Department of Conservation and Recreation, respectively. Unless otherwise specified in this section, general standards pertaining to the various agricultural conservation 1. For erosion ands sediment control recommendations, the goal shalll be, where feasible, toy prevent erosion from exceeding the soil loss tolerance level, referred to as "T,"as definedi int the' "National Soil Survey Handbook" of November 1996, as amended, inthe "Field Office Technical Guide" of the U.S. Department of Agriculture Natural Resource Conservation Service. However, in no case: shall erosion exceed the soil loss consistent with an Alternative Conservation System, referred to as an "ACS", as defined in the "Field Office Technical Guide" of the U.S. Department of Agriculture Natural Resource 2. For nutrient management, whenever nutrient management plans are developed, the operator or landowner must provide soil test information, consistent with the Virginia Nutrient Management Training and Certification Regulations (4VAC50-85). 3. For pest chemical control, referrals shall be made to the local cooperative extension agent or an Integrated Pest Management Specialist of the Virginia Cooperative Extension Service. Recommendations shall include copies of applicable information from the "Virginia Pest Management Guide", or other Extension materials related to (i) A higher priority shall be placed on conducting assessments of agricultural fields and tracts adjacent to RPAS. However, if the landowner or operator of such a tract also has RMAf fields ort tractsi in his operation, the assessment for that landowner or operator may be conducted for allf fields or tractsi ini the operation. When: such ane expanded assessment (ii) The findings andr recommendations of such assessments and any resulting soil and water quality conservation plans will be submitted to the local Soil and Water Conservation Buffer Area Requirements. To minimize the adverse effects of human activities on the other area ofv vegetationt from runoff shall be retained if present and established where it does not exist. (1) Thel buffer areas shall bel located adjacent to and landward of other RPA components anda along both sides of any water body with perennial flow. The full buffer area shall be designated as the landward component of the RPA, in accordance with Sections 5-2-1, Applicability, and (1) The buffer area shall be designed to follow the length of all RPA components on the site and shall not be designed to be clustered but spread out to achieve a true buffer that  practices being assessed shall be as follows:  Conservation: Service.  pest control.  isc completed, priority must return to RPAI fields and tracts. District Board which willl be the plan.approwingauthorly,  (D)  of Resource Protection. Areas (RPA), state waters, and aquatic life, a 100-foot buffer thati is effective inr retarding runoff, preventing erosion, and filtering non-point  components source pollution  Section. 5-2-8, Plan of Development, of this Article.  prevents erosion.  Articie V- Overlay Zoning Districts 15-10    King George County Zoning & Subdivision Ordinance  Article V- Overlay Zoning Districts  (i) Where feasible, the buffer area shall include flora thati is native to King George County. (2) Where land uses such as agriculture or silvicuiture within the area oft the buffer cease andi the lands are proposed to be converted to other uses, the full 100-foot-wide buffer shall be reestablished. In reestablishing the buffer, management measures shall be undertaken to provide woody vegetation that assures the buffer functions as seti forth in this Article. (3) When replanting is required to establish a buffer, a combination of trees, groundcover, and shrubs witha demonstrated abilitytoir improve water qualityshall meet thei intent of the buffer (4) The 100-foot buffer area shall be deemed to achieve a 75% reduction of sediments and a 40% (5) Thel buffer area shall be maintained to meet thet following additional performance. standards: (1) To maintain the functional value of the buffer area, indigenous vegetation may be removed subject to approval by the Administrator only to provide for reasonable sight lines, access paths, general woodlot management, and best management practices including those that prevent upland erosion and concentrated flows of storm water, as 1. Trees may be pruned or removed as necessary to provide for sight lines and vistas provided that where removed, they shall be replaced with other vegetation that is equallye effective inretarding runoff, preventing erosion, andi filtering non-point source  area.  reduction ofr nutrients.  follows:  pollution from runoff.  2. Any path shall be constructed to effectively control erosion.  3. Dead, diseased, or dying trees or shrubbery and noxious weeds (including, but not limited to, Japanese Stiltgrass, Phragmites, Johnson Grass, Kudzu and Multiflora Rose) may! be removed andi thinning oft trees may be allowed, pursuant tos sound horticultural 4. For shoreline erosion control projects, trees and woody vegetation may ber removed, necessary control techniques employed, and appropriate vegetation established to protect or stabilize thes shoreline in accordance with thel best available technical advice (i) When the application of thel buffer areas would result ini thel loss of al buildable area ona lot or parcel recorded prior to October 1, 1989, the Administrator may authorize encroachments into the buffer area in accordance with Section 5-2-8, Plan of 1. Encroachments into the buffer areas shall be the minimum necessary to achieve a reasonable buildable area for a principal structure and necessaryutilities; 2. Where practicable, a vegetated area that will maximize water quality protection, mitigate the effects oft thel buffer encroachment, andi isa ataminimum equaltot the area of encroachment into the buffer area shall be established eisewhere on the lot or  practice incorporated intol locally adopted standards.  and applicable permit conditions or requirements.  Development, and the following criteria:  parcel; and  Article V- Overlay Zoning Districts 15-11    King George County Zoning & Subdivision Ordinance  Article V- Overlay Zoning Districts  3. Thee encroachment may note extend into the seaward. 50f feet of the buffer area. (ii) On agricultural, lands, the agricultural buffer area shall be managed to prevent concentrated flows of surface water from breaching the buffer area and appropriate measurest may be taken toy prevent noxious weeds (including, but not limited to, Japanese Stiltgrass, Phragmites, Johnson Grass, Kudzu and Multiflora Rose) from invading the bufferarea.. Agricultural activities may encroach intot the buffer area as follows: 1. 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 equivaient 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 Training and Certification Regulations (4) VAC5-15) administered byt the Virginia Department of 2. Agricultural activities may encroach within the landward 751 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," as amended, of the U.S. Department of Agriculture Natural Resource Conservation Service. Ar nutrient management plan, including soil tests, must be developed, consistent with the Virginia Nutrient Management Training and Certification Regulations (4 VAC 5-15) 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 qualityprotection: atl least the equivalent 3. The buffer area is not required to be designated adjacent to agricultural drainage ditches ifat least one! best management practice which, in the opinion oft the local Soil and Water Conservation District Board, addresses ther morepredominant water quality issue on the adjacent land either erosion control or nutrient management is being 4. lfspecificproblems arei identified pertainingtoagricutural activities which are causing pollution of the nearby water body with perennial flow or violate performance standards pertaining to the vegetated buffer area, the Administrator, in cooperation with Soil and' Water Conservation District, shall recommend a compliance schedule to the landowner and require the problems to be corrected consistent with that schedule. This schedule shall expedite environmental protection while taking into  Conservation and Recreation.  of that provided byt the 100-foot-wide buffer area.  implemented on the adjacent land.  Article V- Overlay Zoning! Districts I 5-12    King George County Zoning & Subdivision Ordinance  Article V-C Overlay Zoning Districts  account the seasons and other temporal considerations sO that the probability for 5. Incases wherei thel landowner or his agent or operator has refused assistance from the Soil and Water Conservation District in complying with or documenting compliance with the agricultural requirements of this chapter, the District shall report the noncompliance to the Director of the King George County Department of Community Development. The Director shall require the landownert to correct the problems within aspecified period of time not to exceed 18 months from their initial notification of the deficiencies to the landowner. King George County, in cooperation with the District, shall recommend a compliance schedule to the landowner. This schedule shall expedite environmental protection while taking into account the seasons and other temporal considerations SO that the probability for successfully implementing the  successfullyi implementing the corrective measures is greatest.  corrective measures is greatest.  Section 5-2-7. Water Quality Impact Assessment (WQIA).  (A) Purpose and Intent. The purpose of the water quality impact assessment (WQIA) is to: (1) Identify the impacts of proposed land disturbance, development or redevelopment on water (2) Ensure that, where land disturbance, development, or redevelopment does take place within RPAS and other sensitive lands, it will bel located on those portions of a site and in a manner that willl bel least disruptive to the natural functions of RPAS and other sensitive lands; (3) Protect individuals from investing funds for improvements proposed for location on lands unsuited for such development because of high ground water, erosion, or vulnerability to (4) Provide for administrative relief from the terms of this Article when warranted and in  quality and lands within RPAs;  flood and storm damage;  accordance with the requirements contained herein; and (5) Specify mitigation which will address water quality protection. (B) Water Quality Impact Assessment (WQIA) Required. A WQIA is required for:  (1) Anyproposed land disturbance, development, or redevelopment within an RPA, including any buffer area modification or encroachment as provided for in Section 5-2-6, Performance (2) Any development in an RMA as deemed necessary by the Administrator due to the unique (C) Two Levels of Assessment. There shall be two levels of WQIA: a minor assessment and a major  Standards, of this Article; or  characteristics oft the site or intensity of the proposed development.  assessment. (D) Minor WQIA.  (1) A minor WQIA pertains only to land disturbance, development, or redevelopment within CBPAS, which causes no moret than5,000sq, ft.c ofland disturbance within CBPAS and proposes  Article V- Overlay Zoning Districts 15-13    King George County Zoning & Subdivision Ordinance  Article IlI- - Permits and Applications Division 5. Variances. Section 3-5-1. Purpose and Intent.  Pursuant to the Code of Virginia S 15.2-2309, as amended, the purpose of a variance is to allow fora deviation from the provisions oft this Ordinance regulating the shape, size, or area of al lot reasonable of land or the size, height, area, bulk, or location of a building or structure when the strict Ordinance would unreasonably restrict the utilization of the property, other relief or such need for a variance would not be shared generally by other properties,  or parcel application oft the remedy is not available,  and provided such variance is not contraryt to the purpose of the Ordinance.  Section 3-5-2. Standards and Procedures.  (A) Authority.  (1) Pursuant to the Code or Virginia 5 15.2-2309 (2) and (6), as amended, the Board of Zoning Appeals (BZA) is authorized to review applications for a variance, if the applicant proves the burden and provides evidence that the application meets the standard for a variance and the (2) The BZA may approve, approve with conditions deemed necessary in the public interest, including limiting the duration of a permit and requiring a guarantee or bond to ensure the conditions will be complied with, or deny an application for a variance in accordance with the  criteria set out ini this Ordinance.  procedures and standards oft this Article.  (B) Standards for Review.  (1) After applicationi is made asi required in Division 1 of this Article, the Zoning Administrator shall (2) Wheni it has been determined that the application isi in proper form, the Zoning Administrator shall submit the application to the Board of Zoning Appeals. The Administrator shall also transmit a copy of the application to the local Planning Commission, which may send a (3) Pursuant tot the Code of Virginia $15.2-2309 (2), as amended, a variance shall be granted if the evidence shows that the strict application of the terms of the Ordinance would unreasonably restrict the utilization of the property or that the granting of the variance would alleviate a hardship due to a physical condition relating to the property or its improvements at the time () The propertyi interest for which the variance is being requested was acquired in good faith and any hardship was not created by the applicant for the variance; (i) The granting of the variance will not be of substantial detriment to adjacent property and nearby properties in the proximity of that geographical area; (ii) That such condition or situation of the property concernedi is not ofs so general or recurring ar nature that it could be resolved with an amendment to this Ordinance;  review the application for compliance with this Ordinance.  recommendation tot the BZA or appear as a party at the hearing.  oft the effective date of the Ordinance, and:  Article III - Permits and Applications 13-12    King George County Zoning & Subdivision Ordinance  Article IIL - Permits and Applications  (iv) The granting of the variance does not result in a use that is not otherwise permitted on such property or a change in the: zoning classification of the property;and (v) The relief or remedy sought by the variance application is not available through a special exception process thati isa authorized in the ordinance pursuant to: subdivision 60 oft the Code of Virginia S 15.2-2309, as amended, or the process for modification of this zoning ordinance pursuant to subdivision A4 4 of Code of Virginia S: 15.2-2286, as amended, at the (4) Any variance granted to provide a reasonable modification to a property or its improvements requested by, or on behalf of, a person with a disability may expire when the person benefited byi iti is no longer in need of the modification to such property or improvements provided by the variance, subject to the provisions of state and federal fair housing laws, or the Americans (5) lfar request for a reasonable modification is made to al locality and is appropriate under the provisions of state and federal fair housing laws, or the Americans with Disabilities Act of 1990 (42 U.S.C. $12131 et seq.), as applicable, such request shall be. granted by the locality unlessa a variance from the BZA under this section is required in order for such request to be granted. (6) Thel BZAs shall onlyh hear avariance application after public notice and public hearing is provided ina accordance with Division 10, Public Hearings and Notifications, of this Article and Code of  time of the filing oft the variance application.  with Disabilities Act of 1990 (42 U.S.C. S 12131 et seq.), as applicable.  Virginia S 15.2-2204, as amended.  Section 3-5-3. Effect of Decision; Period ofValidity.  (A) Issuance of a variance shall authorize only the particular variance that is approved. A variance, including any conditions, shall run with the land, andi not be affected by a change in ownership. (B) Use or development authorized by the variance shall not be carried out until the applicant has secured all other permits required by this Ordinance or any other applicable Ordinances and regulations of the County. A variance, in itself, shall not ensure that the development approved through said permit shall receive subsequent approval for any other necessary applications for (C) After the BZA has granted a variance, it shall become void after 12 months if no substantial construction or change of usel has taken place in accordance with the plans for which suchy variance wasgranted, ori ift the BZA doesr not specifysomel longer periodt thanoneyeart for good causes shown.  permit or development approval.  Section 3-5-4. Reconsiderations. (A) Applications for av variance:  (1) If denied by the BZA, then such application, or one substantially similar, shall not be  reconsidered: sooner than 12 months after the previous denial.  Article III - Permits and Applications I 3-13    King George County Zoning & Subdivision Ordinance Division 10. Public Hearings and Notifications. Section 3-10-1. Public Hearing Required.  Article II - Permits and Applications  (A) In accordance with the Code of Virginia S 15.2-2204, as amended, the Planning Commission shall not recommend, nor shall the Board of Supervisors adopt or approve any plan, ordinance, amendment, or Special Exception, nor shall the BZA approve any variance, until it has held a duly advertised public hearing. Advertising and notice procedures shall be conducted according to the procedures under the Code of Virginia 5 15.2-2204, as amended, as outlined in this Division and (B) The Planning Commission and Board of Supervisors may hold a joint public hearing after public notice as seti forthl herein, and ifs suchj joint hearing is held, public notice as seti forth below need be (C) Nola land may bez zoned toa amorei intensive use classification than was contained int the public notice without an additional public hearing after notice pursuant to the Code of Virginia S 15.2-2204, as  summarized for reference in Table III-1. given only by the Board of Supervisors.  amended.  Section 3-10-2. Advertisements and Mailings. (A) The notice for each proposal shall provide: (1) Ad descriptive summary oft the application;  (i) Inthe case ofap proposed amendment toi the Zoning Map (rezoning), the publicr notice shall state the general usage and density range of the proposed amendment and the general usage and density range, ifany, set forth int the applicable part of the Comprehensive Plan.  (2) Thel location of the property, if applicable; (3) Where copies oft the proposal may be examined; and  (4) The time and place of any hearing at which persons affected may appear and present their (B) Notice of public hearings shall also be published once a week for two successive weeks in some (1) Thet term' "two successive weeks," as used in this subsection, shall mean that such notice: shall be published at least twice in such newspaper, with not less than six days elapsing between (2) The hearing shall be held not less than five days nor more than 21 days after the second (C) In accordance with Code of Virginia51 15.2-2206, as amended, property owner notification shall be (1) The developer/applicant shall provide an affidavit to the Department of Community Development certifying that notifications were mailed to adjoining property owners a  views.  newspaper published or having general circulation ini the County.  thet first and second publications.  advertisement shall appear in such newspaper.  sent by the developer/appicant.  minimum of 5 days prior to the hearing, except as noted below.  Article III - Permits and Applications I3 3-31    King George County Zoning & Subdivision Ordinance  Article III - Permits and Applications (2) Notifications must ber mailed to:  () The owner, owners, or their agent of the subject property;  (i) Persons owning any adjacent property, including property across any road, railroad right- (ii) A locality's chief administrative officer or their designee when the subject property is located within 0.5 mile of the boundary of the adjoining locality at least 10 days prior to (iv) The commander of the applicable military operation when the subject property is located within 3,000 feet of the boundary of a military base, installation or airport, excluding armories operation by the Virginia National Guard, at least 30 days prior to the hearing; (v) The owner of ap public use airport when the subject propertyi is located within 3,000 feet of (vi) For rezonings, the incorporated property owners' association within a planned development where the subject property is located within the planned development and the association's members also own propertyi in the planned development that is located (vil)l In lieu of each individual unit owner, the unit owners' association or proprietary lessee's association when the property adjacent to the subject property is a condominium or  of-way or body of water;  the hearing;  such airport at least 30 days prior to the hearing;  within 2,000 feet of any portion of the subject property;and  cooperative, respectively.  (D) The following exceptions shall apply to property owner notification requirements, as outlined in (1) When a proposed amendment to the: zoning ordinance involves a tract of land not less than 500 acres owned by the Commonwealth of Virginia or by the federal government, and when the proposed change affects only a portion oft the larger tract, notice need be given only tot the owners oft those properties that are adjacent tot the affected area oft the larger tract. (2) For Zoning Map: amendments impacting more than 25 parcels or Ordinance amendments that  this section:  decrease residential density:  () Adjacent property owner notification is not required. approved and recorded subdivision plat.  (i) Owner notification is not required for lots less than 11,500 square feet and shown on (E) Notice, as required above, shall bes sent byr registered or certified mail to the last known address of such property owner(s) as shown ont the currentreal estate tax: assessment records. Notice may! be sent by first class mail; however, a representative of the County shall sign an affidavit that such mailings have been made andi file such affidavit with the papers in the case. (F) The cost of all notice requirements: shall be! paid byt thedeveloper/APplcant in addition to any other fees involved in the application. The County shall bill the applicant for such costs.  Article III - Permits and Applications i 3-32    Zoning Variance Hearing Application Narrative  16012 Machodoc Drive Case #Z-2024-00196  Applicants: Agent/Applicant) Introduction:  Dwayne "Tony" A. Carabin (Property Owner/Applicant) and Savannah Carabin Wimbush  We, Dwayne Tony" A. Carabin and Savannah Carabin Wimbush, respeclfully submit this narrative in support of our' Variance Request Hearing under section 5-2-13 of the newly adopted King George Zoning & Subdivision Ordinance (effective January 1, 2024). This request pertains tot the properly located at 16012 Machodoc Drive in the Dahlgren District, identified as a  pre-Chesapeake Bay Act lot, Background:  Mr. Carabin initiated discussions with county staff and an engineering team in July 2023 to explore options for a proposed project that would adhere to state and county regulations without impacting the Resource Protected Area (RPA). Despite exhaustive efforts, it was concluded that any viable construction would either fail to meet minimum setback requirements or necessitate Surveying/EngineerngDevelopment firm, a wetlands scientist, and al land use attorney to fully comprehend the scope and compliance requirements of the project under the Chesapeake Bay Act. At the beginning of this application process, county staff advised us to apply for the variance as the property owner and agent to mitigate the cost of hiring a Land Use Engineer  encroachment on the RPA buffer. As a result, we consulted with al Land  and contractor in the event the project could not come to fruition.  Project Description:  We propose the construction of a 2,000-square-foot. accessory structure, specifically a garage, within the landward 50-foot RPA buffer. The RPAS, established under the Chesapeake Bay Act, aim to mitigate water quality issues caused by runoff containing high levels of nitrogen and phosphorus, which pollute streams, rivers, and the Bay. While construction within the seaward 50-foot buffer is strictly prohibited, construction within the landward 50-foot buffer may be  permitted with  1.Appropriate water quantity mitigation and stormwater best management practices  (BMPs) as outlined in our Water Quality Impact Assessment (WQIA); and 2. Ap public hearing before the appropriate governing board.  Due to the specific location of our project within the 50-foot landward RPA buffer, administrative approval is not possible, necessitating a hearing. However, because Chesapeake Bay Act compliance falls under the King George Zoning Ordinance, we must seek this exemption  through the process of requesting a variance.    Case #Z-2024-00196 16012 Machodoc Drive  Criteria for Granting the Variance as outlined in 3-5-2-B3 of the newly adopted Zoning &  Subdivision Ordinance Effective January 1, 2024: (1) Good Faith Acquisition and Hardship:  The property interest for which the variance is being requested was acquired in good faith in April 2023, and any hardship was not created by us as applicants. The hardship arises from the physical constraints of the property, such as its specific topography and proximity to the RPA, which precludes any viable construction without encroaching on the RPA buffer, Despite exploring multiple options with county staff and an engineering team to avoid disturbing the RPA, encroaching on the RPA is the only option for this project. Therefore, because disturbing the RPA falls under Chesapeake Bay Act compliance, a project of this nature cannot be administratively approved or denied by county staff and must go before a board. However, as mentioned before, the exemption process falls under the Zoning  Ordinance and must follow the criteria for a variance. (i) No Substantial Detriment to Adjacent Property:  The granting of the variance will not be of substantial detriment to adjacent properties or nearby properties in the geographical area. The proposed construction is designed to blend with the existing environment and adhere to water quality and runoff mitigation standards. Visual plans and environmental impact assessments support that the structure will not negatively affect the neighborhood. Furthermore, we have communicated with neighbors who  have expressed no objections to the project. (ili) Non-Recurring Situation:  The specitic condition or situation of our properly is not of a general or recurring nature that could be resolved with an amendment to the ordinance because it is a formality required by the Chesapeake Bay Act. This project could not be administratively approved or denied by county staff because it falls within the RPA. Otherwise, this process would not have been required as it meets the permitted use and zoning classification. This is a one-time project with unique circumstances that will not require any additional disturbance within the RPA post  construction.  (iv) Permitted Use and Zoning Classification:  The granting of the variance does not result in a use that is not otherwise permitted on such property or a change in the zoning classification of the properly. The proposed accessory  structure is a permitted use under the current zoning classification. (v) No Available Relief through Other Processes:  As we understood from county staff, the relief or remedy sought by this variance application isi not available through a special exception process or any other modification process authorized in the ordinance because the county's Chesapeake Bay Act compliance falls within the zoning ordinance. We have pursued all possible alternatives and now seek this  variance as the only viable solution.  2of4    Case #Z-2024-00196 16012 Machodoc Drive  Compliance and Environmental Stewardship:  To demonstrate our commitment to environmental stewardship and the care we place in preserving nature, wel have meticulously developed our plans to ensure compliance and minimize environmental impact to the best extent possible. For over 15 years, our family has cherished recreational activities on the Machodoc Creek, always aspiring to own property in this area. When our dream became a reality in April 2023, we wholeheartedly dedicated ourselves tot the conservation and responsible management oft this beautiful properly, reinforcing our role Savannah Carabin Wimbush brings valuable expertise to this project, having received training as al Program Administrator for Stormwater Management and Erosion & Sediment Control through the Virginia Department of Environmental Quality in her role in another locality's Community Development department. She continues to pursue further education and resources  as passionate caretakers of the environment.  tos support sustainable projects on the property. Additional Conservation Efforts:  Beyond the BMPS for the accessory structure, we are actively addressing broader water quantity issues on our properly. We have obtained overall preliminary approval for a Virginia Conservation Assistance Program (VCAP) Grant through the Tri-County Cily Soil & Water Conservation District (TCCSWCD) to construct a Living Shoreline to combat significant erosion and undercutting, aligning with the Chesapeake Bay Acl's mission. The living shoreline project has been reviewed by the Virginia Shoreline Erosion Advisory Service (SEAS) and approved by Friends of the Rappahannock (fiscal agent for TCCSWCD) for entry into the design phase. To further enhance sustainability, we have engaged a sustainable landscaping expert to instali native vegetation throughout the property, supporting both the living shoreline project and the We are confident that these current projects, once completed, in tandem with future conservation efforts will make the property far more efficient in addressing water quantity and  overall ecological health oft the area.  quality than leaving the site as is.  [continued on next page...]  3of4    Case #Z-2024-00196 16012 Machodoc Drive  Conclusion:  Our application reflects a comprehensive and thoughtful approach to meeting regulatory requirements while prioritizing environmental stewardship. We kindly request favorable consideration of our variance request, enabling us to proceed with the proposed accessory structure and continue our commitment to preserving and enhancing the natural beauty and  ecological integrity of the Machodoc Creek area. Thank you for your time and consideration.  Sincerely,  upndh Wimbyw Savannah Carabin Wimbush Agent/Applicapt, Date4y  DAKE Dwayne A. Carabin Popervy0mperAppleant Date:lg17/74  4of4    -3084- 00196 Hearing Date  Casel Number.  Application Date_  RECEIVED) APR2.6-2024 BY:  APPLICATION FOR VARIANCE KING GEORGE COUNTY, VIRGINIA  ONANMg Carabn (ory) Self And SAvownah Whbw Applicant/Agent (olaugnier)  8499 Gvay Fbx In. Ling Beorg IAA  Property Owner  Mailing Address  SOme Gs Doove  Mailing Address  Application Fee: $_  Date paid  *Note: Application fees are: non-refundable; these fees cover advertisement costs and staffhours.  DESCRIPTION OF PROPERTY  I,The undersigned owner oft the below described property, hereby apply for a variance: from the provisions of Bhldhg Of Dw aDSspny Shete AXw hu OwdNaNd 5D' DE Mhe RPA Dh & pre- Chesapeore Bavy Act lot  ARTICLE.  SECTION. 5-2-13 oft the Zoning Ordinance toj permit the following:  Present Use of] Property: sdeehaSinge FRmaly Location of] Property: 10012 MOChodoo Or, hrg GeorgVA  Zoning Classification: A-2  Land District:  Tax Map:18B-1-13 Parcel: 186-1-13  Acreage or Lot Size: 2.02 acres  Sewage: Mérivate Public  Water: VPrivate Public  Submitted with this application is a Plat ofLand showing all proposed improvements and indicating variance Ihereby Certify, that] Ihave the authority to: make the foregoing application. Thei information given is correct and that the use ofthel Building and Land will conform to all Federal, State and County Laws/Ordinances, and that all permits required by these Laws/Ordinances will be obtained from the proper authority. .I1 further grant the right-of-way onto this property to the designated personnel ofl King George County for the purpose of  requested.  conducting site visits related SLHSaY Property Owner Signature  'Signed' and acknolwledged before me by DNayne CaYaln county Kg.geerge VA on this 24 day of_ Aynl My commjsionpxpires 43013021 Aanhegle Mellane  Arellano Notary Public Regue097841  My B Expires pf Virginla 0302027/ kubw Wup  Applicant/Agent Signature Sighed and acknowledged, before me by Sayayvah Miwbush int the county of_ Kyg GpoYgp, Vhont this 20 day of Ayt My commission expiyes: 4130 2077 Monelial  in the  2.424  20D4. 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