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Supervisors adopt ordinance to clarify accessory‑structure limits, exempt bona fide farms and revise BZA procedures
Summary
The board adopted Ordinance O‑03‑25 to raise residential accessory structure allowances, set a 5% lot‑area limit (capped at 10,000 sq ft) for A‑1 agricultural lots beyond the front setback, exempt farm‑related buildings that meet Code of Virginia definitions, and align Board of Zoning Appeals procedures with state law.
The New Kent County Board of Supervisors on June 9 adopted Ordinance O‑03‑25, a package of zoning amendments that modifies accessory structure limits, defines accessory dwelling units and revises Board of Zoning Appeals (BZA) procedures.
Angela Lufflet, the county’s zoning administrator, told the board the existing ordinance text could be read ambiguously and that longstanding local interpretations needed to be codified. Among the principal changes adopted:
• For lots in residential zones (R‑districts), the cumulative area allowed for detached accessory structures was raised from 50% to 60% of the primary structure’s floor area to accommodate smaller older homes that often lack attached garages.
• For A‑1 (agricultural) zoned properties, accessory structures may total up to 5% of the lot area beyond the front setback but may not exceed a cumulative 10,000 square feet, whichever is less. The calculation includes covered porches, gazebos and lean‑tos.
• Buildings and structures accessory to bona fide farm uses, as defined in the Code of Virginia and documented by active farming licenses or AFD registration, are exempt from the accessory‑structure cap.
• The ordinance adds a definition for accessory dwelling units (secondary living units with a kitchen, bathroom and sleeping area) and clarifies that home occupations may operate from detached structures if those structures are constructed for human habitation and meet building‑code requirements. Pools and private piers/boathouses do not count toward accessory structure square footage.
• Revisions to the BZA chapter align local variance language with the Code of Virginia, remove a separate special‑exception process (keeping conditional use permits for use approvals), and clarify the administrative modification threshold (including a 1.5‑foot encroachment allowance in line with neighboring localities).
Supervisor Stewart moved adoption of Ordinance O‑03‑25. The motion passed unanimously.
A board member asked how residents would substantiate family relationships for accessory dwelling units; staff said documentation such as birth certificates or marriage licenses would be acceptable and that staff would refine administrative procedures further.
