The URL can be used to link to this page

08-20-2009 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTIETH DAY OF AUGUST IN THE YEAR TWO THOUSAND AND NINE PRESENT: James B. Brown, Jr., Chairman Phillip A. Bradshaw, Vice - Chairman Al Casteen Stan D. Clark Thomas J. Wright, III Also Attending: A. Paul Burton, Interim County Attorney W. Douglas Caskey, County Administrator Carey Mills Storm, Clerk /1 1/ 1/ // Chairman Brown called the meeting to order at 6:00 p.m. Supervisor Clark delivered the invocation. The Pledge of Allegiance was conducted. Chairman Brown called for Approval of the Agenda. Interim County Attorney Burton requested that a Resolution/Virginia Department of Transportation's (VDOT) 2010 -2015 Six -Year Secondary Improvement Plan be added to the agenda under Transportation Matters. Supervisor Bradshaw moved that the Board approve the agenda, as amended. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Brown called for Special Presentations /Appearances. Sheriff Phelps publicly recognized Earl Randy Gardner for his 31 years of dedicated public service. Darlene Keyt, Parks and Recreation and Fair Coordinator for the 2009 County Fair, formally introduced the following 2009 Isle of Wight County Fair Queens: Julie Lynn Williamson, Wee Miss Isle of Wight County Fair; MaKayla Burks, Little Miss Isle of Wight; Brittany Trump, Junior Miss Isle 1 of Wight County Fair; Jacqueleen Morin, Pre -teen Miss Isle of Wight County Fair; Christine Joslin, Teen Miss Isle of Wight County Fair; and, Whitney Beale, Miss Isle of Wight County Fair. Lynn Crump, Department of Conservation and Recreation, briefed the Board on the eligibility of the Blackwater River to qualify for a scenic river designation. Richard Gibbons, Chairman of the State Scenic River Advisory Board, briefed the Board on the value of the scenic river program which allows resources to be identified that are important from a natural, historic, cultural, visual and water quality perspective. He advised that the designation also offers opportunities for education and understanding of those resources and it provides a tool for those who are planning long - distance types of activities, such as power lines, roadways and major projects that might be crossing a locality and a river. He advised that extensions have been requested on most of the rivers brought into the system because of the valuable tool it provides in managing a county's resource base and providing information to its citizens. Staff was commended by the Board for the work involved in establishing this program. Supervisor Bradshaw moved that the following Resolution Requesting the Virginia General Assembly to Amend the Code of Virginia to Designate a Segment of the Blackwater River as a Virginia Scenic River be adopted: RESOLUTION REQUESTING THE VIRGINIA GENERAL ASSEMBLY TO AMEND THE CODE OF VIRGINIA TO DESIGNATE A SEGMENT OF THE BLACKWATER RIVER AS A VIRGINIA SCENIC RIVER WHEREAS, the Department of Conservation and Recreation (DCR) conducted an evaluation of the Blackwater River from Proctor's Bridget, Route 621, to its confluence with the Nottoway River at the North Carolina line; and WHEREAS, on the basis of the field evaluation that was completed from March 25 and ending April 29 , 2009 a total of 56 miles was found to qualify as a Virginia Scenic River; and WHEREAS, DCR staff along with local government representatives from Isle of Wight County, Southampton County, and the Cities of Suffolk and Franklin, as well as citizens paddled the entire Blackwater River study corridor during the field evaluation; and WHEREAS, Isle of Wight County is in support of the designation of the Blackwater River as a Virginia Scenic River; 2 NOW THEREFORE, BE IT RESOLVED, that the Isle of Wight County Board of Supervisors requests the General Assembly of Virginia to amend the Code of Virginia to include Chapter 4 of Title 10.1 a section numbered 10.1 -418.8 as follows: 10.1 -418.8 Blackwater State Scenic River The Blackwater River in Isle of Wight and Southampton Counties and the Cities of Franklin and Suffolk, from Proctor's Bridge at Route 621, to its confluence with the Nottoway River at the North Carolina line, a distance of approximately 56 miles, is hereby designated a component of the Virginia Scenic Rivers System. Nothing in this section shall preclude the Commonwealth or a local governing body from construction, reconstructing, or performing necessary maintenance on any road or bridge. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Ernest Green, E &E Enterprise Global, Inc., provided a briefing on a broadband initiative program grant intended to provide wireless internet services to underserved areas of the County. Bill Cassidy, Chief Technology Officer, E &E Enterprise Global, Inc., provided an overview of the satellite system intended to provide access off of satellite gateways currently in place. He stated that not only will the County's citizens have access, a continuity of operations will be supported for hurricanes and other types of events that require intervention by governing officials. He advised that grants in the amount of $1 million and greater will be solicited and that the County would only be responsible for local licenses and fees. He advised that service to residents would be free for the first year under this grant proposal. Interim County Attorney Burton recommended that the Board defer action on the commitment letter until he has had an opportunity to review the grant with respect to there not being any financial obligation on the part of the County. He advised that if the Board intends to enter into this relationship, a contract must be prepared between the County and E &E Enterprises outlining each others responsibility. Mr. Green advised that all money set aside for the broadband initiative must be allocated by September, 2010 and spent by 2013. Mr. Cassidy advised that an active transmitter could be in place and providing service within a 30 -60 day period once all issues are resolved. Supervisor Bradshaw moved that the matter be deferred until the Board's September 3, 2009 meeting for further evaluation by staff and legal counsel. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Donald T. Robertson, Director of Information Resources and Legislative Affairs, advised that staff has compiled a list of questions and answers regarding the Norfolk Water Agreement responsive to the Board's action at its August 6, 2009 meeting. He advised that because of technical difficulties, this list has not been aired on the County's PEG channel and website. Supervisor Casteen clarified, with respect to the last question dealing with the 1,000,000 gallons from Lake Gaston, that the resource is already pledged to the Western Tidewater Water Authority and is currently being utilized. Noting the time of 7:00 p.m., Supervisor Clark moved that the Board amend the regular order of the agenda in order to conduct the public hearings. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. /1 Chairman Brown called for public hearing on the following: A. The application of Edward and Sharon Vincent, owners and Commonwealth Engineering, applicant for a change in zoning classification from Rural Agricultural Conservation (RAC) to Conditional - General Commercial (C -GC) of approximately 0.748 acres of land located on the northeast side of Carrollton Boulevard (Route 17), in the Newport Election District. The purpose of the application is to allow for office and retail sales. Matthew Smolnik, Planner, presented the application. Chairman Brown called for persons to speak in favor of or in opposition to the application. William K. Riddick, Attorney representing the applicant, advised that the applicant has operated a State Farm Insurance Agency in a shopping center in Carrollton for the last three (3) years and the applicants have purchased property in hopes of relocating the offices to an existing structure and building a new commercial structure on that property in the future. He 4 advised that the concern with connectivity has been addressed by proffering the same language as contained in Elliott Cohen's proffer in connection with his proposed development. Sharon Hart, Newport District, addressed the Board responsive to the applicant's desire to not return to the Planning Commission for approval of the new structure on the property. She noted that the Director of Planning and Zoning had indicated at the Planning Commission meeting that the two (2) buildings would need to be proffered the same and that she did not notice this included in the proffers. She commented that the applicants and the adjoining property owner have not yet reached a mutual agreement with respect to connectivity between the two (2) properties. She specifically expressed her concern that this application does not fit in with the Master Corridor Plan as it relates to connectivity between neighborhoods. She recommended that the two (2) landowners locate their respective entrances next to the salvage yard with a turn lane into the property at the Cedar Grove traffic light. She noted that doing so would fit in with the County's transportation plan and, as an alternative, instead of the lane going into the two (2) properties, it would be more like a feeder road so that if the time comes when more of Sugar Hill Road is developed and Founder's Pointe is built out, then the County would only have to acquire a portion of the salvage yard. Chairman Brown closed the public hearing and called for comments from the Board. Supervisor Bradshaw requested that staff solicit comments from the Department of Economic Development and the Chamber of Commerce on all businesses filing applications. Supervisor Clark moved that the application of Edward and Sharon Vincent be approved. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Brown called for a public hearing on the following: B. A Resolution to amend the Comprehensive Plan of Isle of Wight County, Virginia, Appendix B: Pedestrian and Bicycle Facilities Master Plan, Chapter 4: Facility and Policy Recommendations, and Appendix D: Pedestrian and Bicycle Facility Design. Specifically, amendments include revisions to the Chapter 4 map entitled Recommended Improvements for Bicycles to create a more interconnected bicycle network within the County and provide for regional and statewide route connections, and minor text changes to Chapter 4 and Appendix D in support of the new map and Construction Specifications Manual developed by the County. 5 Jamie Oliver, Planning and Zoning, presented the amendment to the Board. Chairman Brown called for persons to speak in favor of or in opposition to the application. Jane March, Carrsville District, spoke in favor of equine trails also being developed in conjunction with pedestrian and bike trails. Mark W. Furlo, Parks Administrator, advised that an Equine Task Force is involved in updating the Master Plan for Heritage Park. Chairman Brown closed the public hearing and called for comments from the Board. Supervisor Bradshaw moved that the following Resolution be adopted: RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA TO RECOMMEND APPROVAL OF THE COMPREHENSIVE PLAN AS AMENDED WHEREAS, Section 15.2 -2229 of the Code of Virginia stipulates that any amendments to a community's Comprehensive Plan be recommended by resolution to the governing body by the local planning commission; and WHEREAS, the Isle of Wight County Pedestrian and Bicycle Facilities Committee finds it advisable to amend Appendix B: Isle of Wight County Pedestrian and Bicycle Facilities Master Plan, of the Comprehensive Plan, to include updated maps and text regarding the location and construction of bicycle and pedestrian facilities in Isle of Wight County; and WHEREAS, the Isle of Wight County Planning Commission finds it advisable to amend Appendix B: Isle of With County Pedestrian and Bicycle Facilities Master Plan, of the Comprehensive Plan, to include updated maps and text regarding the location and construction of bicycle and pedestrian facilities in Isle of Wight County; and WHEREAS, the Isle of Wight County Planning Commission has given notice and held a public hearing on said amendment to the Comprehensive Plan on July 28, 2009, as required by Section 15.2 -2204 of the Code of Virginia; NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County Board of Supervisors to recommend approval of the revisions to Appendix B: Isle of Wight County Pedestrian and Bicycle Facilities Master Plan, of the Isle of Wight County Comprehensive Plan dated May 13, 2009, to include an 6 updated map entitled "Recommended Improvements for Bicycles" and associated text changes in Chapter 4 and Appendix D of said Master Plan. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. /I Chairman Brown declared a recess. Chairman Brown called for a public hearing on the following: C. An Ordinance to amend the following sections of Appendix B, Zoning: Article II Interpretations and Basic Definitions, Article IV Zoning Districts and Boundaries, Article V Supplemental Use Regulations, Article VI Overlay Districts, Article VII General Design Guidelines and Development Review Procedures, Article VIII Bufferyards, Landscaping, and Open Space, Article X Vehicle Parking Facilities, and Table 2 Schedule for Zoning Regulations, for the purpose of making major revisions to all aspects of the landscaping standards applying to commercial and residential development in the County. Ms. Oliver and Mr. Rudnick presented the proposed Ordinance amendments to the Board. Chairman Brown called for persons to speak in favor of or in opposition to the application. Robert Duckett, Director of Public Affairs, Peninsula Housing Association, advised that the Association is not in agreement that adjusting the density of buffers is a better way to maintain the buffer zone. He noted that the most efficient location for a BMP under certain circumstances is in a buffer area due to natural slopes or site conditions and he recommended that the Zoning Administrator have the authority to waive the requirement that the entire BMP be located outside the landscaping zone provided that the BMP boundary is landscaped to a certain standard. He further recommended that in instances where existing property owners view a BMP pond or lake as a desirable feature, that the Zoning Administrator be authorized, with the concurrence of the abutting property owners, to either eliminate or reduce the landscaping standards around a BMP. Sadie Boyer, Newport District, spoke in favor of the Ordinance amendment. William Riddick, Attorney, acknowledged staffs efforts in making the Ordinance provisions more cost effective and easier to understand for homeowners. Chairman Brown closed the public hearing and called for comments from the Board. Chairman Brown inquired if the Peninsula Homeowners' Association considered maintenance of BMPs to be an added imposition for homeowners. Mr. Duckett responded that homeowners are aware that maintenance of BMPs are their responsibility when they buy the lot. Ms. Walkup advised that when rezonings are negotiated, the proffers include that common amenities will not be taken over by the homeowners' association until 80% of the lots are occupied. She advised that with respect to Mr. Duckett's comment regarding BMPs not being allowed in the landscape zone, the proposed Ordinance does contain a provision that the Development Review Committee can approve a BMP being in a certain location with the addition of landscaping around the BMP. Supervisor Bradshaw moved that the following Ordinance be adopted, as presented: AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING APPENDIX B, ZONING: ARTICLE II INTERPRETATIONS AND BASIC DEFINITIONS, ARTICLE IV ZONING DISTRICTS AND BOUNDARIES, ARTICLE V SUPPLEMENTAL USE REGULATIONS, ARTICLE VI OVERLAY DISTRICTS, ARTICLE VII GENERAL DESIGN GUIDELINES AND DEVELOPMENT REVIEW PROCEDURES, ARTICLE VIII BUFFERYARDS, LANDSCAPING, AND OPEN SPACE, ARTICLE X VEHICLE PARKING FACILITIES, AND TABLE 2 SCHEDULE FOR ZONING REGULATIONS. WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has the legislative authority to make reasonable changes to the ordinances that govern the orderly growth and development of Isle of Wight County; and WHEREAS, the Isle of Wight County Board of Supervisors is also concerned about the compatibility of uses on public and private lands within Isle of Wight County and seeks to allow flexibility in the administration of the ordinance regulations while protecting the health, safety, and general welfare of present and future residents and businesses of the County. NOW, THEREFORE BE IT ORDAINED by the Isle of Wight County Board of Supervisors that Appendix B, Zoning, Article II Interpretations and Basic Definitions, Article IV Zoning Districts and Boundaries, Article V Supplemental Use Regulations, Article VI Overlay Districts, Article VII General Design Guidelines and Development Review Procedures, Article VIII Bufferyards, Landscaping, and Open Space, Article X Vehicle Parking Facilities, and Table 2 Schedule for Zoning Regulations, of the Isle of Wight County Code be amended and reenacted as follows: Section 2 -1002 Definitions When used in this ordinance the following terms shall have a meaning as ascribed herein: Abutting - Having a common border with, or being separated from such common border by, right -of -way, alley or easement. Access, Pedestrian- The right to cross between public and private property, allowing pedestrians to enter and leave property. Access, Vehicular- A means of vehicular approach or entry to or exit from property, from a street or highway. Accessory Building - A subordinate building customarily incidental to and located upon the same lot occupied by the main building. When an accessory building is attached to the principal building in a substantial manner, as by a wall or roof, such accessory building shall be considered a part of the principal building. Accessory Use- A use customarily incidental and subordinate to, and on the same lot as a principal use. Administrator- See Zoning Administrator Alley- A right -of -way that provides secondary service access for vehicles to the side or rear of abutting properties. Alteration- Any change or rearrangement of supporting members of an existing building, such as bearing walls, columns, beams, girders or interior partitions, as well as any change in doors or windows or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or moving of a building or structure from one location to another. Amend or Amendment- Any repeal, modification or addition to a regulation; any new regulation: any change in the number, shape, boundary or area of a zone or zoning district; or any repeal or abolition of any map, part thereof or addition thereto. 9 Amenity Space- Space devoted to such uses as uncovered open space for public enjoyment consisting of such things as, but not limited to: green areas, gardens, malls, plazas, walks, pathways, promenades, arcades, lawns, fountains, decorative plantings, passive or active recreational areas. Such space shall not include parking or maneuvering areas for vehicles. Area devoted to this purpose shall be easily and readily accessible to the public or residents of the development. In areas where pedestrian walkways are shown on an approved and adopted master plan such area within the percentage required for amenity space as is necessary shall be devoted to the provision of pedestrian walkways or paths for general public use, Anchor Store- A store that act as the major retailer and brings in the majority of business within a shopping center, mall or similar commercial complex. Antenna- A device in which the surface is used to capture an incoming and /or transmit an outgoing radio - frequency signal. Antennas shall include the following types: 1. Omnidirectional (or 'whip') antenna -An antenna that receives and transmits signals in a 360- degree pattern. 2. Directional (or 'panel') antenna -An antenna that receives and transmits signals in a directional pattern typically encompassing an arc of 120 degrees. 3. Dish (or parabolic) antenna -A bowl shaped device, less than two meters in diameter, that receives and transmits signals in a specific directional pattern. Arcade- a covered passage having an arched roof Attic- The area between roof framing and the ceiling of the rooms below that is not habitable, but may used for storage or mechanical equipment. Improvement to habitable status shall make it a story. Automobile- See Motor Vehicle Automobile Wrecking Yard- Automobile Wrecking Yard shall mean any lot or place which is exposed to the weather and upon which more than two (2) vehicles of any kind that are incapable of being operated and which it would not be economically practical to make operative, are place, located or found for a period exceeding thirty (30) days. The movement or rearrangement of such vehicles within an existing lot or facility shall not render this definition inapplicable. (See also Scrap and Salvage Services in Section 3 -700) 10 Base Density- The maximum number of dwelling units permitted outright by a particular land- use classification. Base Flood /One Hundred (100) Year Flood- A flood that, on the average, is likely to occur once every one hundred (100) years (i.e., that has a one percent (1 %) chance of occurring each year, although the flood may occur in any year). Basement- That portion of a building that is partly or completely below grade. A basement shall be counted as a story if its ceiling is over six (6) feet above the average level of the finished ground surface adjoining the exterior walls of such story, or if it is used for business or dwelling purposes. Billboard- See Sign, Billboard Block- That property abutting one (1) side of a street and lying between the two (2) nearest intersecting streets or the nearest intersecting street and railroad right -of -way, river, or between any of the foregoing and any other man -made or natural barrier to the continuity of development. Board of Supervisors- Governing body of Isle of Wight County. Also referred to as the Board. Board of Zoning Appeals- The Board appointed to review appeals made by individuals with regard to decisions of the Zoning Administrator in the interpretation of this ordinance. The Board of Zoning Appeals is also authorized to grant variances from provisions of the Zoning Ordinance in particular circumstances. Breezeway- A structure for the principal purpose of connecting the main building or buildings on a property with other main buildings or accessory buildings. Buffer or Bufferyard- A natural open space or landscaped area intended to separate and protect adjacent or contiguous uses or properties, including land uses abutting highly traveled highway corridors, from noise, lights, glare, pollutants or other potential nuisances. Building- A structure with a roof designed to be used as a place of occupancy, storage, or shelter. Building, Floor Area- The total number of square feet area in a building, excluding uncovered steps, and uncovered porches, but including the basement and the total floor area of accessory buildings on the same lot. Building, Height- The height of a building is the mean vertical distance from the average established grade in front of the lot or from the average natural grade at the building line, if higher, measured to the following: to the roof line, to the average height of the top of the cornice of flat roofs, to the deck line of a mansard roof, to the middle height of the highest gable or dormer in a pitched or hipped roof, except that, if a building is located on a terrace, the height above the street grade may be increased by the height of the terrace. On a corner lot, the height is the mean vertical distance from the average natural grade at the building line, if higher, on the street of greatest width, or if two or more such streets are of the same width, from the highest of such grades. Building Line- A Iine parallel to the front property line of a yard beyond which the foundation wall and /or any enclosed porch, vestibule, or other enclosed portion of a building shall not project, except as provided in Section 5- 2000.D, Supplementary Density and Dimensional Requirements. Building, Main- See Principal Building or Structure Building Official, Superintendent of Building Inspections- The person designated as the official responsible for enforcing and administering all requirements of the Uniform Statewide Building Code in Isle of Wight County, Virginia. Bulk Regulations- Controls that establish the maximum size of buildings and structures on a lot or parcel and the buildable area within which the structure may be placed, including lot coverage, height, setbacks, density, floor area ratio, open space ratio, ,and landscape ratio. Caliper- A measurement, in diameter, of plant material size. All plant material requiring a caliper measurement shall be measured using diameter at breast height (DBH), which is defined as four and one half (4 'h) feet above the ground on the uphill side of the tree or plant. Camping Site- Any plot of ground within a campground used or intended for occupation by the camping unit. Camping Unit- A tent, tent trailer, camping trailer, pickup camper, motor home, recreational vehicle or any other commonly used temporary shelter device used as temporary living quarters or shelter during periods of recreation, vacation, leisure time or travel. To qualify as a camping unit, vehicular and mobile units shall be eligible to be currently licensed and registered by a governmental body and shall be legal to travel on Virginia highways without special permits for size, weight or other reasons. Canopy- A roof -like structure of a permanent nature which may be freestanding or project from a wall of a building or its supports. Canopy Coverage —The percent of a fixed land area covered by the crown of an individual plant exceeding five (5) feet in height and measured fifteen (15) years from the date of installation. Or the percent of a fixed land area covered by the outermost limits of the crown of a cluster of plants exceeding five (5) feet in height, which create one continuous area of coverage, measured fifteen (15) years from the date of installation. Carport- A permanent roofed structure not more than 75 percent enclosed by walls and attached to the main building for the purpose of providing shelter for one or more motor vehicles. Cellar- See Basement Certificate of Occupancy- A document issued by the building official allowing the occupancy or use of a structure and certifying that the structure and/or site has been constructed and is to be used in compliance with all applicable plans, codes and ordinances. Channel- A natural or artificial watercourse with a definite bed and banks to confine and conduct continuously or periodically flowing water. Child- Any natural person under eighteen (18) years of age. Chord- A line segment joining any two points of a circle Circulation Area- That portion of the vehicle accommodation area used for access to parking or loading areas or other facilities on the lot. Essentially, driveways and other maneuvering areas (other than parking aisles) comprise the circulation area. Co- Location- The use of a single location structure and /or site by more than one wireless communications service provider. Coastal High Hazard Area (CHHA)- The portion of a coastal flood plain having special flood hazards that is subject to high velocity waters, including hurricane wave wash. The area is designated on the Flood Insurance Rate Map (FIRM) as Zone VI -30, VE or V (V- Zones). Combination Use- A use consisting of a combination of one (1) or more Tots and two (2) or more principal uses separately listed in the District Regulations. Commercial Vehicle- A vehicle designed to have more than two rear wheels on a single axle. This shall not apply to pickup body type trucks, passenger van type vehicles, or to vehicles essential for an agricultural use associated with the premises. Community Impact Statement- A document required by the county which outlines the impact a proposed development will have on environmental and cultural resources, and county services, including, but not limited to schools, fire and rescue, and public utilities. Conditional Use- A conditional use is a use that, because of special requirements or characteristics, may be allowed in a particular zoning district only after review and recommendation by the Planning Commission and the granting of conditional use approval by the Board of Supervisors imposing such conditions as necessary to make the use compatible with other uses permitted in the same zone or vicini Deck- A structure, without a roof or walls, directly adjacent to a principal building, which has an average elevation of 30 inches or greater from finished grade. Development- Any man -made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, the placement of manufactured homes, streets, and other paving, utilities, filling, grading, excavation, mining, dredging, drilling operations, or storage of equipment or materials. Development Review Committee (DRC) —A subcommittee of the Planning Commission whose members are appointed by the Board of Supervisors. The Development Review Committee may grant preliminary approval of site plans as outlined in the Zoning Ordinance and are also authorized to grant waivers from provisions of the Zoning Ordinance in particular circumstances. Display Lot- An outdoor area where active nighttime sales activity occurs and where accurate color perception of merchandise by customers is required. To qualify as a display lot, one of the following specific uses must occur: motor vehicle sales, boat sales, recreational vehicle sales, gardening or nursery sales. Any other use must be approved as display lot uses by the Zoning Administrator. Dripline- A vertical projection to the ground surface from the furthest lateral extent of a tree's leaf canopy. Driveway- A roadway providing access for vehicles to a parking space, garage, dwelling, or other structure. A driveway serves only one (1) or two (2) lots. 14 Dwelling- A building, or portion thereof, designed or used exclusively for residential occupancy, including single- family dwellings, two- family dwellings, and multi - family dwellings but do not include hotels, motels, boarding and rooming houses, bed and breakfast establishments, and the like. Dwelling Unit- One (1) or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one (1) family with toilets and facilities for cooking and sleeping separate from any other dwelling unit. Earthcraft Certified Construction —An environmentally - friendly, residential building program developed by the Southface Energy Institute which requires certified builders to meet guidelines for energy efficiency, water conservation, and other environmental practices on single family and multi- family unit construction. Similar to the LEED Certification program, but focused specifically on residential development. Elevation- A vertical distance above or below a fixed reference point. Environmental Assessment- An analysis of the beneficial or detrimental effects of a development on the natural resources and characteristics of the property, including resources such as, but not limited to wetlands, flora and fauna, and other ecosystems. Equipment Enclosure- A small building, cabinet, or vault used to house and protect electronic or mechanical equipment. Associated equipment may include, but is not limited to, air conditioners and emergency generators. Facade- That portion of any exterior elevation of the building extending from grade to top of the parapet, wall, or eaves and the entire width of the building elevation. Family- An individual, or two (2) or more persons related by blood, marriage or adoption, or a group of not more than four (4) unrelated persons, occupying a single- family dwelling. Flood- A general and temporary condition of partial or complete inundation of normally dry land areas from: 1. The overflow of inland or tidal waters; 2. The unusual and rapid accumulation or runoff of surface waters from any source; 3. Mudslides (i.e., mudflows) which are proximately caused by flooding and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current. A flood may be further defined as the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or by some similarly unusual and unforeseeable event which results in flooding. Flood Hazard Zone- The delineation of special flood hazard areas into insurance risk and rate classifications on the flood insurance rate map (FIRM) published by the Federal Emergency Management Agency (FEMA) and which include the following zones and criteria: 1. Zone A: Areas subject to inundation by the 100 -year flood where detailed analyses have not been performed and base flood elevations are not shown. 2. Zone AE: Areas subject to inundation by the 100 -year flood as determined by detailed methods with base flood elevations shown within each area. 3. Zone VE: Areas along coastal regions subject to additional hazards associated with storm wave and tidal action as well as inundation by the 100 -year flood. 4. Zone X: Areas located above the 100 -year flood boundary and having moderate or minimal flood hazards. Flood Insurance Rate Map (FIRM) - An official map of a community on which is shown both the special hazard areas and the risk premium zones applicable to the community. Flood Insurance Study- An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, mudslide hazards and/or flood - related erosion hazards. Flood Plain- A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation; an area subject to the unusual and rapid accumulation or runoff of surface water from any source. Flood -Prone Area- Any land area susceptible to being inundated by water from any source (see definition of flooding). 16 Floodproof- A construction method designed to ensure that all parts of a structure or facility located below the base flood elevation are watertight with walls impermeable to the passage of water and with structural components having the capability of withstanding hydrostatic and hydrodynamic loads and the effects of buoyancy. Floodway- The channel of a river or other watercourse and the adjacent land areas required to carry and discharge the 100 -year flood without increasing the water surface elevation of that flood more than one (1) foot at any point. Floor Area- The square feet of floor space within the outside lines o f walls, including the total of all space on all floors of a building. Floor area shall not include porches, garages, or unfinished space in a basement or attic. Floor Area Ratio (FAR)- The total floor area of all buildings or structures on a lot divided by the net developable area of the lot. Footcandle- A unit of measure for illuminance. A unit of illuminance on a surface that is everywhere one foot from a uniform point source of light of one candle and equal to one lumen per square foot. Frontage- The linear measurement in feet of the front property line abutting a street. Functionally Dependent Use- A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long -term storage or related manufacturing facilities. Garage, Private- An accessory building which is designed or used for the storage of vehicles owned and used by the occupants of the building to which it is accessory and which is not operated as a separate commercial enterprise. Gazebo- A detached, covered free standing, open -air or screened accessory structure designed for recreational use only and not for habitation. Glare- The sensation produced by a bright source within the visual field that is sufficiently brighter than the level to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance and visibility; blinding light 17 Green Roof —The roof of a building which is partially or completely covered with vegetation and soil or other growing medium planted over a waterproof membrane. Habitable Floor- Any floor usable for living purposes, which includes working, sleeping, eating, cooking, or recreation, or any combination thereof. A floor used only for storage is not a habitable floor. Historic landmark/area- Any structure that is: Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or, 4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified and/or as listed in the County's Comprehensive Plan. Home Garden- An accessory use in a residential district for the production of vegetables, fruits and flowers generally for use or consumption, or both, by the occupants of the premises. Impervious Surface —A surface composed of any material that significantly impedes or prevents natural infiltration of water into the soil. Impervious surfaces may include, but are not limited to; buildings, roofs, streets, parking areas, and any concrete, asphalt, or compacted gravel surface. Intelligent Siting —The practice of building placement which gives high consideration to environmental aspects such as solar orientation, seasonal shading, prevailing winds, etc. in order to allow for increased energy efficiency. Junkyard– Junkyard shall mean any establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile wrecking yard. For purposes of this definition, "junk" shall mean old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, 18 waste, or junked, dismantled, or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material. (See also Scrap and Salvage Services in Section 3 -700) Kiosk- A freestanding structure upon which temporary information and /or posters, notices, and announcements are posted. Commercial transactions do not take place here. Landscape- An expanse of natural scenery or the addition or preservation of lawns supplemented by, shrubs, trees, plants or other natural and decorative features to land. Landscape Surface Ratio (LSR)- A measure, expressed as a percentage, of the area to be landscaped on a site determined by dividing the landscaped area of the site by the total project area. LEED Certified— Leadership in Energy and Environmental Design (LEED) Certification program administered by the U.S. Green Building Council, which requires designers to meet guidelines for energy efficiency, water conservation, and other environmental practices. Light Trespass- Light from an artificial light source that is intruding onto adjacent properties and is a nuisance. Livestock- Swine, sheep, cattle, poultry or other animals or fowl which are being produced primarily for food, fiber, or food products for human consumption. Loading and Unloading Area- The area on a lot designated for bulk pickup and deliveries of merchandise and materials directly related to the use on said lot. Lot- A parcel of land intended to be separately owned, developed, or otherwise used as a unit, established by plat, subdivision or as otherwise permitted by law. Lot, Corner- A lot abutting on two (2) or more streets at their intersection. Lot, Depth of- The shortest horizontal distance between the front and rear lot lines. Lot, Double frontage- An interior lot having frontage on two streets. Lot, Flag- A lot not fronting on or abutting a public roadway or having limited frontage necessary for access and where access to the public roadway is essentially limited to a narrow private right -of -way. 19 Lot, Interior -A lot other than a corner lot. Lot, Through- A lot having its front and rear yards each abutting on a street, Lot Area- The total horizontal area in square feet within the lot lines of a lot excluding designated future public rights -of -way. Lot Coverage- A measure of intensity of land use that represents the portion of a site that is impervious (i.e. does not absorb water). This portion includes, but is not limited to, all areas covered by buildings, parked structures, driveways, roads, sidewalks, and any area of concrete or asphalt. Lot Line- A line dividing one (1) lot from another lot or from a street or alley. Lot Line, Front- On an interior lot, the lot line abutting a street or right - of -way; or, on a corner lot, the shorter lot line abutting a street or right - of -way; or, on a through lot, the lot line abutting the street or right -of- way providing the primary access to the lot. Lot Line, Rear -The lot line located opposite the front line. Lot Line, Side- Any boundary of a lot, which is not a front lot line or a rear lot line. Lot of Record- A lot which has been legally recorded in the Clerk's Office of the Circuit Court of Isle of Wight County. Lot Width- The horizontal distance between the side lot lines, measured at the required front setback line. Low Impact Development (LID) —A site design approach to managing stormwater runoff which emphasizes conservation and use of on -site natural features to protect water quality. This approach implements small -scale hydrologic controls to replicate the pre - development hydrologic patterns of watersheds through infiltrating, filtering, storing, evaporating, and detaining runoff close to its source. Luminary- A lighting fixture assembly or source of artificial illumination including, but not limited to, bulbs, lamps, reflectors, refractors, and housing associated with them. Manufactured Home- Manufactured means a structure constructed to federal standards, transportable in one or more sections, which, in the traveling mode, is 8 feet or more in width and is 40 feet or more in length, or when erected on site, is 320 or more square feet, and which is 20 built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. Mean Sea Level- National Geodetic Vertical Datum (NGVD) of 1929 to which all elevations on the FIRM (Flood Insurance Rate Map) and within the flood insurance study are referenced. Mixed -use structure- A building or other structure containing a combination of two or more different principal uses. Motor Vehicle- Any self - propelled vehicle designed primarily for transportation of persons of goods along public streets or alleys, or other public ways. Net Developable Area- The land deemed suitable for development within a given area or parcel. It is calculated by subtracting the sensitive environmental areas within the area or parcel that should be protected from development and the estimated right -of -way requirements and existing regional transmission line easement s and rights -of way from the total gross area. The result is the net developable area, which provides a realistic measure of land holding capacity for an area or parcel in the County. Refer to Section 5 -4000, Net Developable Area, for additional information on net developable area. New Construction- For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM (Flood Insurance Rate Map) or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For flood plain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a flood plain management regulation adopted by a community and includes any subsequent improvements to such structures. Nonconforming Activity or Use- The otherwise legal use of a building or structure or of a tract of land that does not conform to the use regulations of this ordinance for the district in which it is located, either at the effective date of this ordinance or as a result of subsequent amendments to the ordinance. Nonconforming Building or Structure- An otherwise legal building or structure that does not conform with the yard, height, maximum density or other bulk regulations, or is designed or intended for a use that does not conform to the use regulations, of this ordinance for the district in which it is located, either at the effective date of this ordinance or as result of subsequent amendments. 21 Nonconforming Lot- An otherwise legally platted lot that does not conform to the minimum area or width requirements for the district in which it is located either at the effective date of this ordinance or as a result of subsequent amendments to this ordinance. Nonconforming Site- An otherwise legal site for which existing improvements do not conform to the lot coverage, bufferyard, landscaping, parking and other site requirements set forth in the zoning or special overlay district in which it is located either at the effective date of this ordinance or as a result of subsequent amendments to this ordinance. Office Park- A large tract of land that has been planned, developed, and operated as an integrated facility for a number of separate office buildings and supporting ancillary uses with special attention given to circulation, parking, utility needs, aesthetics, and compatibility. Official Zoning Map- The map or maps, together with all subsequent amendments thereto, which are adopted by reference as a part of this ordinance and which delineate the zoning district boundaries. Open Space- An area that is intended to provide light and air, and is designed, depending upon the particular situation, for environmental, scenic or recreational purposes. Open space may include, but need not be limited to lawns, decorative plantings, walkways, active and passive recreation areas, playgrounds, fountains, swimming pools, wooded areas, and watercourses. Open space shall not be deemed to include structures, driveways, parking lots or other surfaces designed or intended for vehicular traffic. Open Space, Common- Open space that is accessible to all occupants of a particular development and is not restricted to use by occupants of an individual lot or structure. Open Space Ratio (OSR)- A measure, expressed as a percentage, of site open space determined by dividing the gross open space area of a lot, parcel or tract of land by the total area of that lot, parcel or tract of land. Parking Area Aisle- That portion of the parking area consisting of lanes providing access to parking spaces. Parking Area, Lot or Structure- An off- street area for parking or loading and unloading, whether required or permitted by this ordinance, including driveways, access ways, aisles, and maneuvering areas, but not including any public or private street right -of -way. 22 Parking Space- A portion of the parking area set aside for the parking of one (1) vehicle. Patio- A level surfaced area, directly adjacent to a principal building, without walls or a roof intended for outdoor lounging, dining, and the like, which has an average elevation of less than 30 inches from finished grade. Permeable Materials —A variety of product alternatives to traditional, impervious surface materials which allow for the infiltration of stormwater through the soil to more naturally reduce runoff volumes and filter pollutants. Increased infiltration occurs either through the paving material itself, or through void spaces between individual paving blocks (also called pavers). Materials may include, but are not limited to: pervious concrete, pervious asphalt, block and concrete modular pavers, and grid pavers. Permit, Building- An official document or certification permit that is issued by the building official and which authorizes the construction, alternation, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, demolition, moving or repair of a building or structure. This permit should not be a substitute for a zoning permit. Permit, Conditional Use- A permit issued by the County Board of Supervisors authorizing the operation of a use under certain conditions and standards. Permit, Special Use- A permit issued by the County Board of Supervisors authorizing a use not otherwise provided for in this ordinance as a permitted or conditional use. Permit, Zoning - A permit issued by the Zoning Administrator that authorizes the recipient to make use of property in accordance with the requirements of this ordinance. Phase I Archeological Study- A survey of archaeological resources undertaken in accordance with the Secretary of the Interior's Standards and Guidelines (48 FR, 44742) as may be amended and the Guidelines For Conducting Cultural Resource Survey in Virginia prepared by the Virginia Department of Historic Resources, as may be amended. Photometric Plan- A diagram consisting of lines showing the relative illumination in foot candles from a light source or group of light sources. Planning Commission- The Isle of Wight County Planning Commission. 23 Porch- A projection from a main wall or a building which can be covered, with a roof, or uncovered. The projection may or may not use columns or other ground supports for structural purposes. Portable on Demand Storage Units- Also known as a POD, a large container used for temporary storage. A POD is hauled to the property, loaded with items, hauled from the property and stored in a storage yard. Poultry- Domestic fowl normally raised on a farm such as chickens, ducks, geese and turkeys. Preliminary and Final Site Development Plan- Site development plans prepared by a certified or licensed engineer, surveyor, architect or landscape architect, that is required for development proposals outlined in Section 7 -2004, Preliminary and Final Site Development Plan Requirements. Principal Building or Structure- A building or structure in which the primary or main use of the property on which the building is located is conducted and distinguished from an accessory or secondary building or structure on the same premises. Principal Use- A use which represents the primary or main use of the land or structure which is distinguished from an accessory use on the same premises. Proffer- A condition voluntarily offered by the applicant and owner for a rezoning that limits or qualifies how the property in question will be used or developed. Public Water and Sewer System- A water or sewer system owned and operated by a municipality or county, or owned and operated by a private individual or a corporation approved by the governing body and properly licensed by the State Corporation Commission or other applicable agency, and subject to special regulations as herein set forth. Public Way- Any sidewalk, street, alley, highway or other public thoroughfare. Recreation, Active- Leisure activities, usually organized and performed with others, often requiring equipment and constructed facilities, taking place at prescribed places, sites, or fields. The term active recreation includes, but is not limited to, swimming, tennis, and other court games, baseball and other field sports, golf and playground activities. Recreation, Passive- Recreation that involves existing natural resources and has a minimal impact. Such recreation does not require development of the site nor any alternation of existing topography. Such 24 passive recreation shall include, but not be limited to, hiking, picnicking, and bird watching. Recreational Vehicle- A vehicle designed to be self - propelled or permanently towable; and not designed for use as a permanent dwelling but as temporary living quarters for recreational camping, travel, or seasonal use. Redevelopment —the process of using land that contains or previously contained development. Required Open Space- Any space required in any front, side or rear yard. Residential Plot Plan- A plan submitted for the construction or location of all new single - family detached dwellings or two - family dwellings on an existing or platted lot. This plan shall meet the requirements of Section 7 -2002, Residential Plot Plan. Right -of -way- A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or other special use. Road- See Street Satellite Dish Antenna- See Antenna. Screening- The act of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms, or required planted vegetation. Screen Material- Materials that have been outlined in Article VIII for the screening of service structures, equipment, and/or outdoor storage yards. Seasonal Shading —The practice of using plant material to capitalize on solar energy and light for heating and interior lighting purposes. An example would be using deciduous trees near windows to shade afternoon sun in the summer, but allow afternoon sun for heat and light through in the winter. Service Building- A building used to house stationary or movable service equipment and mechanical equipment for the maintenance and function of onsite machinery. Setback- The required minimum horizontal distance between the building line and the related front, side, or rear property line. A setback is meant from a street not a driveway. 25 Setback Line- A line within a lot parallel to a corresponding lot line, which is the boundary of any specified front, side, or rear yard, or the boundary of any public- right -of -way whether acquired in fee, easement, or otherwise, or a line otherwise established to govern the location of buildings, structures or uses. Where no minimum front, side, or rear yards are specified, the setback line shall be coterminous with the corresponding lot line. Shopping Center- A group of architecturally unified and related retail establishments which is planned, developed, owned, and managed as a single operating unit. The establishments contained within a shopping center are related to each other and the market area served in terms of size, type, location, and market orientation. Shrub- A relatively low growing, woody plant typified by having several permanent stems instead of a single trunk. Shrub, Deciduous- Any shrub which sheds its foliage during a particular season of the year. Shrub, Evergreen- Any shrub which retains its foliage throughout the entire year. Sign- Any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, call attention to, or identify the purpose of a person or entity, or to communicate information of any kind to the public. Sign, Animated- Any sign that uses movement or change of lighting to depict action or to create a special effect or scene. This shall not include a variable message sign. Sign, Banner- Any sign of lightweight fabric or similar material that is mounted to a pole or a building by one (1) or more of its edges. National flags, state, or municipal flags, or the official flag of any institution or business shall not be considered banners. Sign, Beacon- Any light with one (1) or more beams directed into the atmosphere or directed at one (1) or more points not on the same zone lot as the light source; also, any light with one (1) or more beams that rotate or move. Sign, Billboard- An off - premises sign owned by a person, corporation, or other entity that engages in the business of selling the advertising space on that sign. 26 Sign, Canopy- Any sign that is part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. Sign, Commercial Message- Any wording, logo, or other representation that, directly or indirectly, names, advertises, or calls- attention to a business, product, service, or other commercial activity. Sign, Facade- Any sign attached to any part of a building, as contrasted to a freestanding sign. Sign, Flag- Any fabric or bunting containing distinctive colors, patterns, or symbols, used to communicate a message or draw attention to a development, business, land use, or other similar entity. Sign, Freestanding- A sign that is attached to, erected on, or supported by some structure (such as a pole, mast, frame, or other structure) that is not itself an integral part of or attached to a building or structure whose principal function is something other than the support of a sign. Sign, Internally Illuminated- A sign where the source of the illumination is inside the sign and light emanates through the message of the sign, rather than being reflected off the surface of the sign from an external source. A sign that consists of or contains tubes that (i) are filled with neon or some other gas that glows when an electric current passes through it and (ii) are intended to form or constitute all or part of the message of the sign, rather than merely providing illumination to other parts of the sign that contain the message, shall also be considered an internally illuminated sign. Sign, Marquee- A roof -like structure of a permanent nature which projects from the wall of a building or its supports and may overhang the public way. Sign, Nonconforming- Any sign that does not conform to the requirements of this ordinance. Sign, Off - Premise- A sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction that draws attention to a cause or advocates or proclaims a political, religious, or other noncommercial message, or other enterprise or activity that exists or is conducted, sold, offered, maintained, or provided at a location other than the lot on which the sign is located. Sign, On- Premise- A sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction, or other enterprise or activity that exists or is conducted, sold, offered, maintained, or provided on the lot where the sign is located. 27 Sign, On- Premise Directional- A sign which is intended to provide directional information for the premises on which it is located. Such signage may pertain to traffic movement, pedestrian movement, vehicle parking or loading spaces, or similar types of information, but shall not consist of advertising matter or commercial messages, including logos. Sign, Pennant- Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from or supported by a rope, wire, or string, usually in series, designed to move in the wind. Sign, Portable- Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels, signs converted to "A" or "T" frames; menu and sandwich board signs, balloons used as signs, umbrellas used for advertising, and signs attached to or painted on vehicles parked and visible from the public right -of -way, unless said vehicle is used in the normal day -to -day operations of the business; such vehicles shall be parked only in a designated parking space. Sign, Special Event- A sign for the purpose of circuses, fairs, carnivals, festivals, and other types of special events that (i) run for not longer than two (2) weeks, (ii) are intended or likely to attract substantial crowds, and (iii) are unlike the customary or usual activities generally associated with the property where the special event is to be located. Sign, Suspended- A sign that is suspended from the underside of a horizontal plane surface and is supported by such surface. Sign, Temporary- A sign that is used in connection with a circumstance, situation, or event that is designed, intended, or expected to take place or to be completed within a reasonably short or definite period after the erection of such sign; or, is intended to remain on the location where it is erected or placed. If a sign display area is permanent but the message displayed is subject to periodic changes, that sign shall not be regarded as temporary. Sign, Wall- Any sign attached parallel to, but within six (6) inches of a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one (1) sign surface. Sign, Window- Any sign, pictures, symbol, or combination thereof designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or 28 upon the window panes or glass and is visible from the exterior of the window. Simplified Site Plan- A plan submitted for a change or expansion of a commercial, civic, office or industrial use on an existing site and meets the requirements of Section 7 -2003. Site Development Plan, Preliminary/Final- A plan, to scale, showing uses and structures proposed for a parcel of land as required by the regulations pertaining to site plans in this ordinance. Includes lot lines, streets, building sites, reserved open space, buildings, major landscape features -both natural and man made -and any other requirements outlined by Article VII. Slope- The degree of deviation of a surface from the horizontal, usually expressed as a percentage. Slope shall be measured as the vertical rise or fall to horizontal distance of terrain measured perpendicular to the contour lines at horizontal intervals of more than 10 feet. Solar Orientation —The practice of using building placement and design to capitalize on solar energy and light for heating and interior lighting purposes. Specified Anatomical Area- Such areas include less than completely and opaque covered human genitals, pubic region, buttocks, female breasts below a point immediately above the top of the areola, and human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified Sexual Activity- Such activity includes human genitals in a state of sexual stimulation or arousal, an act of human masturbation, sexual intercourse or sodomy, and fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts. Start of Construction- The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of pipes, the construction of columns, or any work beyond the state of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. 29 For a substantial improvement, the actual start of construction means the first alteration on any wall, ceiling, floor, or other structural part of a building, whether or not the alteration affects the external dimensions of the building. Storage- The keeping, either indoors or outdoors, of equipment, vehicles, or supplies used in the conduct of a trade, business, or profession. Stormwater Management- For quantitative control, a system of vegetative and structural measures that control the increased volume and rate of surface runoff caused by manmade changes to the land; and for qualitative control, a system of vegetative, structural, and other measures that reduce or eliminate pollutants that might otherwise be carried by surface runoff. Stormwater Management Practice, Nonstructural- A stormwater management technique that utilizes the ecological and environmental aspect of a site or area for the collection, conveyance, channeling, holding, retaining, detaining, infiltration, diverting, treating or filtering of surface water, and /or runoff Stormwater Management Practice, Structural- A stormwater management technique that utilizes a man -made facility and /or apparatus for the collection, conveyance, channeling, holding, retaining, detaining, infiltration, diverting, treating or filtering of surface water, and /or runoff. Story- That portion of a building, other than the basement, included between the surface of any floor and the surface of the floor next above it. If there is no floor above it, the space between the face and the ceiling next above it. Story, Half- A space under a sloping roof, which has the line of intersection of roof decking and wall not more than three (3) feet above the top floor level, and in which space more than two- thirds (2/3) of the floor area is finished off for use other than storage. Street- A public or private thoroughfare used, or intended to be used, for passage or travel by motor vehicles. A street serves three or more lots. The word "street" shall include the words "road ", and "highway ". Street, Arterial- A street specifically designed to move high volumes of traffic from collector streets through the county and not designed to serve abutting lots except indirectly through intersecting streets. Arterial Streets shall include all U.S. Highways, state primaries with one, two or three -digit numbers, and any other street which the subdivision agent determines is functionally equivalent to these transportation department classifications. Street, Collector- A relatively low - speed, low- volume street that provides circulation within and between neighborhoods. Collector streets usually serve short trips and are intended for collecting trips from local streets and distributing them to the arterial network. They also form a secondary network of cross county connectivity. Street, Public- A public street or street with respect to which an offer of dedication has been made and improvements completed which are consistent with the Isle of Wight County Subdivision Ordinance and the requirements of the Virginia Department of Transportation or a street or portion thereof which is included in the State Primary or Secondary Road System. Structure- Anything constructed or erected, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground. Among other things, structures include buildings, mobile and manufactured homes, walls, fences, signs, piers, and swimming pools, etc. Subdivision- The division or resubdivision of a lot, tract, or parcel of land by any means into two (2) or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, transfer of ownership or building or lot development. The term subdivision shall also mean the following: Any development of a parcel of land which involves installation of sanitary sewers, water mains, gas mains or pipes, or other appropriate facilities for the use, whether immediate or future, of the owners or occupants of the land, or of the building abutting thereon. 2. Any development of a parcel of land involving two (2) or more principal structures or involving shopping centers, multiple dwelling projects and the like which require the installation of streets and/or alleys, even though the streets and alleys may be not dedicated to public use and the parcel may be divided for purposes of conveyance transfer or sale. 3. Any development of a parcel of land involving two (2) or more principal structures or involving shopping centers, multiple dwelling projects and the like which require the installation of streets and /or alleys, even thought the streets and alleys may not be dedicated to public use and the parcel may not be dedicated to public use and the parcel may not be divided for purposes of conveyance, transfer or sale. 31 4. The term "subdivision" includes resubdivision, and as appropriate in this ordinance, shall refer to the process of subdividing the land or to the land subdivided. Substantial Damage- Damage of any origin sustained by a structure whereby the cost of restoring the structure to it's before damaged condition would equal or exceed fifty percent (50 %) of the market value of the structure before the damaged occurred. Substantial Improvement- Damage of any origin sustained by a structure, the cost of which equals or exceeds fifty percent (50 %) of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged, and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications or any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure. Tower- Any structure that is intended for transmitting or receiving television, radio, telephone, digital, or other similar communications or is used to support a communication antenna or other similar device. Tract- See Lot Traffic Impact Analysis (TIA)- An analysis of the effect of traffic generated by a development on the capacity, operations, and safety of the public street and highway system. Tree, Deciduous —Any tree which sheds its foliage during a particular season of the year. Tree, Evergreen —Any tree which retains its foliage throughout the entire year. Tree, Heritage- Any tree or shrub which has been designated by ordinance of the Isle of Wight County Board of Supervisors as having notable historic or cultural significance to any site or which has been so designated in accordance with an ordinance adopted pursuant to section 15.2 -503 of the Code of Virginia, as amended. 32 Tree, Mature- Any deciduous or evergreen tree with a minimum diameter of fourteen (14) inches when measured four (4) and one -half (1/2) feet above ground level. Tree, Significant- Any deciduous or evergreen tree with a minimum diameter of twenty -two (22) inches when measured four (4) and one -half (1/2) feet above ground level. Trip Generation- The number of trip ends caused, attracted, produced, or otherwise generated by a specific land use, activity, or development in accordance with the latest edition of the Trip Generation Manual, published by the Institute of Transportation Engineers. Use- The purpose or activity, for which a piece of land or its buildings is designed, arranged or intended, or for which it is occupied or maintained. Use, Permitted- A use, which may be lawfully established in a particular district or districts, provided it conforms with all regulations, requirements, and standards of this ordinance. Utility facility- Any above or below ground structure or facility (other than buildings, unless such buildings are used as storage incidental to the operation of such structures or facilities) owned by a governmental entity, a nonprofit organization, a corporation, or any entity defined as a public utility for any purpose and used in connection with the production, generation, transmission, delivery, collection, or storage of water, sewage, electricity, gas oil, or electromagnetic signals. Variance- A waiver of the dimensional and numeric requirements of this ordinance approved by the Board of Zoning Appeals in accordance with Section 1 -1019 of this Ordinance.. Video Arcade- See Commercial Indoor Amusement listed under Commercial Use Types Vehicle- See Motor Vehicle Vehicle Moving Area- Any area on a site where vehicles park or drive. Watercourse- Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine, or wash, in and including any area adjacent thereto which is subject to inundation by water. Wooded Area- An area of contiguous wooded vegetation where trees are at a density of at least one (1) six (6) inch or greater diameter at breast height (DBH) tree per three hundred twenty -five (325) square feet of land and where the branches and leaves form a contiguous canopy. Xeriscaping —Site design and /or gardening techniques which may include the use of native and /or drought tolerant plants to create a landscape or environment which does not require any form of supplemental irrigation after twenty -four (24) months from the time of installation. Yard- An open space on the same lot with a building or structure, unoccupied and unobstructed from the ground up, except as otherwise permitted in this ordinance. Yard, Corner Side- A side yard adjoining a public or private street. Yard, Front- A yard extending along the full width of the front lot line between the side lot lines and from the front lot line to the front building line in depth. Yard, Interior Side- A side yard, which is located immediately adjacent to another lot or to an alley separating such yard from another lot. Yard, Rear- A yard extending along the full length of the lot and lying between the rear lot line and the nearest line of the building. Rear yard depth shall be measured at right angles to the rear line of the lot. Yard, Side- A yard lying between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard, or in the absence of either of such front or rear yards, to the front or rear lot lines. Side yard width shall be measured at right angles to side lines of the lot. Zero Lot Line- The location of a structure on a lot in such a manner that one (1) of the structure's sides rest directly on a lot line. Zoning Administrator- The person designated as the official responsible for enforcing and administering all requirements of the Isle of Wight County Zoning Ordinance, or his duly authorized designee. Zoning, Base District- Those base underlying zoning districts other than special overlay districts set forth in Article IV. Zoning, Planned Development District- Land area of minimum size, as specified by district regulations, to be planned and developed using a common master zoning plan, and containing one (1) or more uses and appurtenant common areas. 34 Zoning, Special Overlay District- A district, which is placed over the existing base zoning and imposes additional restrictions and includes all those districts listed as Special Overlay Zoning Districts in Article IV. Zoning, Underlying District- See Zoning, base district. ARTICLE IV ZONING DISTRICTS AND BOUNDARIES Limited Commercial (LC) District 4 -9000 Bulk Regulations A. Maximum height of structures: 1. All structures: 35 feet of 3 stories, whichever is lesser A. Maximum density: B. Minimum setback requirements: 3. Rear yard: 5 feet D. Maximum lot coverage: 60% a. The height limit for principle structures may be increased to fifty (50) feet or up to five (5) stories, whichever is lesser; provided, that teach required yard is increased one (1) foot for each additional foot of principle structure height over 35 feet. b. Where structures exceed the 35 foot height requirement a building separation of thirty (30) feet shall be required. 1. Floor Area Ratio for Non - Residential: 0.35 square feet per foot of net developable area 1. Front yard: 35 feet 2. Side yard: 5 feet The side yard requirement may be reduced or waived by the Zoning Administrator when a principle structure is a part of a shopping center. The rear yard requirement may be reduced or waived by the Zoning Administrator when a principle structure is part of a shopping center. 35 E. Minimum open space ratio (OSR): 25% General Commercial (GC) District 4-10005 Bulk Regulations A. Maximum height of structures: 1. All structures: 35 feet or 3 stories, whichever is less a. The height limit for principal structures may be increased to fifty (50) feet or up to five (5) stories, whichever is lesser; provided, that each required yard is increased one (1) foot for each additional foot of principal structure height over 35 feet. b. Where structures exceed the 35 foot height requirement a building separation of thirty (30) feet shall be required. B. Maximum density: 1. Floor Area Ratio For Non - residential: 0.50 square feet per foot of net developable area C. Minimum setback requirements: 1. Front yard: 35 feet 2. Side yard: 5 feet The side yard requirement may be reduced or waived by the Zoning Administrator when a principal structure is a part of a shopping center. Rear yard: 5 feet The rear yard requirements may be reduced or waived by the Zoning Administrator when a principal structure is a part of a shopping center. D. Maximum lot coverage: 60% E. Minimum open space ratio (OSR): 25% Limited Industrial (LI) District 4 -11005 Bulk Regulations A. Maximum height of structures: 36 1. All structures: 75 a. The height limit shall be thirty five (35) feet in height. The height limit for principal structures may be increased to fifty (50) seventy (70) feet or up to five (5) stories, whichever is lesser; provided, that each required yard is increased one (1) foot for each additional foot of principal structure height over 35 feet. there are two (2) side yards for each permitted principal structure, each of which is fifteen (15) or more feet in width plus one (1) foot or more of side yard for each additional foot of principal structure height over thirty five (35) feet. b. Where structures exceed the 35 foot height requirement a building separation of thirty (30) feet shall be required. c. See Section 5- 2000.D, for exceptions to height limits. B. Maximum density: 1. Floor Area Ratio For Non - residential: 0.50 square feet per foot of net developable area C. Minimum setback requirements: 1. Front yard: 35 feet a. Industrial uses shall meet a setback of 100 feet, except that office buildings associated with the industrial use may meet the minimum 35 feet setback. 2. Side yard: 20 feet 3. Rear yard: 20 feet D. Maximum lot coverage: 60% E. Minimum open space ratio (OSR): 25% General Industrial (GI) District 4 -12005 Bulk Regulations A. Maximum height of structure 1. All structures: 75 feet 37 a. The side and rear yard setbacks for any structure in excess of thirty -five (35) feet in height shall be increased one (1) foot for each additional foot of structure height over thirty - five (35) feet. b. Where structures exceed the 35 foot height requirement a building separation of thirty (30) feet shall be required. c. See Section 5- 2000.D, for exceptions to height limits. B. Maximum density: 1. Floor Area Ratio For Non- residential: 0.60 square feet per foot of net developable area C. Minimum setback requirements: 1. Front yard: 35 feet a. Industrial uses shall meet a setback of 100 feet, except that office buildings associated with the industrial use may meet the minimum setback of 35 feet. 2. Side yard: 20 feet 3. Rear yard: 20 feet D. Maximum lot coverage: 60% E. Minimum open space ratio (OSR): 25% Planned Development Residential (PD -R) District 4 -15005 Visual Buffer Requirements A. AU structures, including accessory structures, shall be located at least seventy (70) feet from the right -of -way of any existing street, which abuts or borders the development. 4 -15006 Bulk Regulations A. Maximum building height: 1. All buildings: 35 feet or 3 stories, whichever is lesser B. Maximum density: 38 1 Conventional Single Family Subdivision: 3.5 dwelling units per acre 2. Floor Area Ratio for Non- residential: .25 square feet per foot of net developable area 3. The density requirements for an Attached Townhouse or a Multifamily dwelling development shall comply with the provisions in the Supplementary Use Regulations in Section 5 -5002. C. Minimum setback requirements: 1. Minimum front yard setback: a. Single - family detached:25 feet b. Zero lot line: 25 feet 2. Minimum side yard setback: a. Single - family detached:8 feet b. Zero lot line: 0110 feet 3. Minimum rear yard setback: a. Single- family detached: 20 feet b. Zero lot line: 20 feet 4. The bulk regulations for an Attached Townhouse or a Multifamily dwelling development shall comply with the provisions in the Supplementary Use Regulations in Section 5- 5002. D. Maximum lot coverage: 1. Single - family detached: 40% 2. Zero lot line: 50% 3. The maximum coverage requirements for an Attached Townhouse or a Multifamily dwelling development shall comply with the provisions in the Supplementary Use Regulations in Section 5 -5002. E. Landscaping 39 1 The minimum landscaping requirements for an Attached Townhouse or a Multifamily dwelling development shall comply with the provisions in the Supplementary Use Regulations in Section 5 -5002 and the requirements of Article VIII. Planned Development Manufactured Home Park (PD -MH) District 4 -16005 Buffer Requirements A. In addition to the single family residential lot landscaping requirements of Section 8- 1005.F, at a minimum, all manufactured home developments shall provide buffer zone landscaping between the development and any land not zoned or utilized for a manufactured home development. The buffer zone landscaping shall meet the design and Points specifications for Civic Use Types. B. All structures, including accessory structures, shall be located at least 70 feet from the right -of -way of any existing street, which abuts or borders the development. C. No part of any manufactured home shall be located within ten (10) feet of any common driveway, pedestrian walkway, vehicle parking area or other common area within the manufactured home development. (7 -1 -97) D. No manufactured home shall be located closer than forty (40) feet to any service building within the manufactured home development. (7-1-97) 4 -16006 Bulk Regulations A. Maximum building height: 1. All buildings: 30 feet or 2 stories, whichever is lesser B. Density Requirements: 1. Maximum number of spaces or lots: 200 2. Minimum number of spaces or lots: 15 3 Manufactured Home Units per acre: 6 4. Floor Area Ratio for Non - residential 0.25 square feet per foot of net developable area C. Minimum setback requirements: 40 1. Minimum front yard setback: 20 feet 2. Minimum side yard setback: a. Interior lot or space: One side: 10 feet Both sides: 25 feet b. Corner lot or space: 20 feet 3. Minimum rear yard setback: a. Manufactured home park: 10 feet b. Manufactured home subdivision: 20 feet D. Maximum building coverage: 35% E. Minimum open space ratio: 40% 4 -16007 Manufactured Home Subdivision Standards A. All manufactured home subdivision developments shall further comply with the requirements of the Isle of Wight County Subdivision Ordinance. B. Design compatibility The design of the manufactured home subdivision development shall provide for compatibility between the use and development of the adjacent land and the manufactured home development to the maximum extent possible, either by locating double -wide manufactured homes adjacent to land for which the Comprehensive Plan recommends a single - family detached zone, or by location of open spaces and landscaping, or by such other methods as may be desirable or appropriate. C. Utilities - -water and sewage systems Manufactured home subdivision developments shall be provided with central water and public sewerage systems constructed in accordance with standards and specifications for such systems and be approved by all appropriate agencies including the Isle of Wight County Department of Public Utilities and the Hampton Roads Sanitation District. 4 1 D. Private streets Private streets shall meet the design, material and construction standards established by the Virginia Department of Transportation. A maintenance plan shall be prepared and submitted as part of the site development plan approval process. E. Utility lines All utility lines shall be installed below the surface of the ground. F. Lighting Lighting shall be installed in accordance with Article XI (Outdoor Lighting Requirements and Restrictions) and shall be arranged to shine inward so that it does not encroach onto adjacent properties or impair the safe movement of traffic. G. Screening In addition to the single family residential lot landscaping requirements of Section 8 -1005 and the buffer zone requirements of Section 4- 16005, screening shall be utilized around all service structures, equipment, and /or outdoor storage yards in accordance with the Screening Zone specifications of Section 8 -1005. H. Open space A minimum of forty percent (40 %) of the total area of the tract to be developed, excluding rights -of -way, must be established in open space. I. Recreational areas Not less than twenty-five percent (25 %) of the open space shall be devoted to common recreational areas and facilities, such as playgrounds or community buildings. Where only one (1) recreational area is provided, it shall be in a central location conveniently accessible to all dwellings. In manufactured home subdivisions of fifteen (15) acres or larger, decentralized facilities may be provided. No recreation area shall be credited toward meeting these requirements unless it contains at least thirty thousand (30,000) square feet. Recreational facilities and areas shall be located, designed and improved so as to minimize traffic hazards to users and adverse effects on surrounding residential uses. J. Accessory uses and structures 42 Accessory uses and structures may be permitted as part of the manufactured home subdivision development. The following uses and structures are generally considered accessory or clearly incidental to the principal residential use: 1. Storage buildings; 2. Structures and facilities provided for the exclusive use of the residents of the manufactured home subdivision development (i.e., community centers, recreational areas, child care centers, etc.) 3. Service buildings intended for public use and housing storage or sanitation and laundry facilities or any such facilities shall be permanent structures complying with all applicable ordinances and statutes regulating buildings, electrical installations and plumbing and sanitation systems. The service building shall be well lighted at all times of the day and night, shall be constructed of such moisture proof material, including painted woodwork, as shall permit repeated cleaning and washing and shall be maintained at a temperature of at least sixty-eight degrees (68) degrees Fahrenheit during the period from October 1 to May 1. The floors of the service buildings shall be of water impervious material. All service buildings and grounds of the manufactured home subdivision development shall be maintained in a clean, sightly condition and kept free of any condition that will menace the health of any occupant or the public or constitute a nuisance. K. Management of common and open spaces in manufactured home subdivisions 1. All common and open spaces shall be preserved for their intended purpose as expressed on the approved subdivision plat. 2. A management structure consisting of a nonprofit association, corporation, trust, or foundation for all owners of residential property within the development shall be established to insure the maintenance of open space and other facilities. 3. The management structure shall be established prior to the sale of any property. 43 4. Membership in the management structure shall be mandatory for all residential property owners, present or future, within the development. 5. The management structure shall manage all common and open spaces, recreational and cultural facilities, and private streets, and shall provide for the maintenance, administration and operation of said land and improvements, and secure adequate liability insurance on the land. 4 -16008 Manufactured Home Park Standards A. Design compatibility The design of the manufactured home park development shall provide for compatibility between the use and development of the adjacent land and the manufactured home development to the maximum extent possible, either by locating double -wide manufactured homes adjacent to land for which the Comprehensive Nan recommends a single - family detached zone, or by location of open spaces and landscaping, or by such other methods as may be desirable or appropriate. B. Utilities - -water and sewage systems Manufactured home park developments shall be provided with central water and public sewerage systems constructed in accordance with standards and specifications for such systems and be approved by all appropriate agencies including the Isle of Wight County Department of Public Utilities and the Hampton Roads Sanitation District. C. Private streets Private streets shall meet the design, material and construction standards established by the Virginia Department of Transportation. A maintenance plan shall be prepared and submitted as part of the site development plan approval process. D. Utility lines All utility lines shall be installed below the surface of the ground. E. Lighting Lighting shall be installed in accordance with Article XI (Outdoor Lighting Requirements and Restrictions) and shall be 44 arranged to shine inward so that it does not encroach onto adjacent properties or impair the safe movement of traffic. F. Screening In addition to the single family residential lot landscaping requirements of Section 8 -1005 and the buffer zone requirements of Section 4- 16005, screening shall be utilized around all service structures, equipment, and/or outdoor storage yards in accordance with the Screening Zone specifications of Section 8 -1005. G. Open space A minimum of forty percent (40 %) of the total area of the tract to be developed, excluding rights -of -way, must be established in open space. H. Recreational areas Not less than twenty -five percent (25 %) of the open space shall be devoted to common recreational areas and facilities, such as playgrounds or community buildings. Where only one (1) recreational area is provided, it shall be in a central location conveniently accessible to all dwellings. In manufactured home park developments of fifteen (15) acres or larger, decentralized facilities may be provided. No recreation area shall be credited toward meeting these requirements unless it contains at least thirty thousand (30,000) square feet. Recreational facilities and areas shall be located, designed and improved so as to minimize traffic hazards to users and adverse effects on surrounding residential uses. I. Space markings: Each manufactured home space in a manufactured home park shall be clearly defined on the ground with a permanent marker (7- 1 -97). J. Off - street parking A minimum of two (2) off - street vehicle parking spaces shall be provided for each manufactured home unit. Within a manufactured home park, vehicle parking may be provided on the manufactured home space or within a common off - street parking area (7- 1 -97). K. Accessory structures and uses 45 Accessory structures and uses may be permitted as part of the manufactured home park development. The following structures and uses are generally considered accessory when or clearly incidental to the principal residential use: 1. Management office; 2. Storage buildings; 3. Structures and facilities provided for the exclusive use of the residents of the manufactured home park development (i.e., community centers, recreational areas, child care centers, etc.) (7- 1 -97); 4. Service buildings intended for public use and housing or sanitation and laundry facilities or any such facilities shall be permanent structures complying with all applicable ordinances and statutes regulating buildings, electrical installations and plumbing and sanitation systems. The service building shall be well lighted at all times of the day and night, shall be constructed of such moisture proof material, including painted woodwork, as shall permit repeated cleaning and washing and shall be maintained at a temperature of at least sixty -eight degrees (68) degrees Fahrenheit during the period from October 1 to May 1. The floors of the service buildings shall be of water impervious material. All service buildings and grounds of the manufactured home park development shall be maintained in a clean, sightly condition and kept free of any condition that will menace the health of any occupant or the public or constitute a nuisance; 5. One (1) on- premises manufactured home display model. Storage of petroleum products The location, construction, and materials used for the storage of petroleum products shall be approved by the building official. M. Garbage disposal 1. A minimum of one (1) leak -proof covered can, maximum capacity of sixty (60) gallons, or other approved containers shall be located on each manufactured home space or nearby accessible area. It shall be the responsibility of the manufactured home park owner or operator to insure the removal of all garbage and trash to a fenced area designated for collection, as recommended by the health department. 46 2. Minimum standards of cleanliness within the manufactured home park shall be maintained. The health department shall enforce all applicable regulations relating to standard cleanliness of the manufactured home park site. The health department shall report to the Zoning Administrator any manufactured home park that is maintained in a consistently unclean manner (7- 1 -97). Planned Development Commercial Park (PD -CP) District 4 -17005 Buffer Requirements A. In addition to the individual lot landscaping requirements of Article VIII, at a minimum, all Planned Development Commercial Parks shall provide buffer zone landscaping between the development and any land not master - planned for a commercial park development. The buffer zone landscaping shall meet the design and Points specifications for Office and Commercial Intense Use Types. The Zoning Administrator may administratively waive up to 30 Points of landscaping per five hundred (500) square feet of buffer zone for Parks which do not operate more than twelve (12) hours per day or between the hours of 10 pm and 5 am. B. All structures, including accessory structures, shall be located at least seventy (70 feet from the right -of -way of any existing street, which abuts or borders the development. 4 -17006 Bulk Regulations A. Maximum building height: I. All buildings: 50 feet B. Density Requirements: 1. Floor Area Ratio for Non - residential: .40 square feet per foot of net developable area C. Maximum building coverage: 30 percent D. Maximum lot coverage: 60 % E. Minimum open space ratio (OSR): 30% calculated using the entire park as one tract. 4 -17008 Site Planning; External Relationships 47 When possible, commercial and service uses and structures and their parking areas shall be oriented toward arterials, secondary, or collector streets and oriented away from adjacent minor streets in residential neighborhoods or adjacent residential neighborhoods that are not separated from the district by streets. Planned Development Mixed -Use (PD -MX) District 4 -18005 Buffer Requirements A. All structures, including accessory structures, shall be located at least seventy (70) feet from the right -of -way of any existing street, which abuts or borders the development. 4 -18006 Bulk Regulations A. Maximum building height: 1. All buildings: 50 feet B. Density Requirements Number of dwelling units per acre: 1. Conventional Single Family Subdivision: 3.5 2. Townhouse Developments: 10 3. Multifamily Residences and Condominiums: 14 4. Floor Area Ratio for Non - residential: 0.35 square feet per foot of net developable area C. Maximum Coverage The open space ratio shall be established as part of the master development plan approval and shall supersede requirements for specific uses, 4 -18009 Site Planning; External Relationships A. Landscaping or other devices shall be used to minimize undesirable views and external exposures from surrounding residential components of the planned development and adjoining residential areas. B. All service and loading areas shall be located away from the view of arterial, secondary, or collector streets. Screening which, at a minimum, meets the standards of the landscaping Screening 48 Zone as specified in Article VIII may be proposed as an alternative during the master development plan process. C. Parking areas for more than ten (10) vehicles shall meet, at a minimum, the standards of the landscaping Parking Zone as specified in Article VIII. Planned Development Industrial Park (PD -IP) District 4 -19005 Buffer Requirements A. In addition to the individual lot landscaping requirements of Article VIII, at a minimum, all Planned Development Industrial Parks shall provide buffer zone landscaping between the development and any land not master - planned as part of an industrial park. The buffer zone landscaping shall meet the design and Points specifications for Industrial Use Types. B. All structures, including accessory structures, shall be located at least one hundred (100) feet from the right -of -way of any existing street, which abuts or borders the development. 4 -19006 Bulk Regulations A. Maximum building height: 50 feet 1. The Board of Supervisors, following a recommendation by the Planning Commission, may consider on a case -by -case basis, requests to exceed the maximum building height during the master development plan process. B. Maximum Density Floor Area Ratio of Non - residential: 0.50 square feet per foot of net developable area. C. Maximum building coverage: 30 % 1. The Board of Supervisors, following a recommendation by the Planning Commission, may consider on a case -by -case basis, requests for additional lot coverage during the master development plan process. D. Maximum lot coverage: 60% E. Minimum open space ratio (OSR): 30% calculated using the entire park as one tract. ARTICLE V 49 SUPPLEMENTARY USE REGULATIONS 5 -2000 Supplementary Density and Dimensional Regulations A. Accessory Building Requirements 1. The following provisions shall regulate the location of accessory buildings with respect to required yards: a. Accessory buildings shall be prohibited in any required yard which adjoins a public right -of -way. b. Accessory buildings shall be located at least five (5) feet from any required rear lot boundary lines. c. Where an accessory building is located in a zoning district requiring a side yard and such building is entirely to the rear of the principal structure, the accessory building shall be located at least five (5) feet from any adjoining lot line. d. Accessory buildings shall not exceed the maximum height restriction for the zone in which such structures are located, except as specified in Section 5- 2000.D.2. B. Accessory Uses and Structures not Permitted Prior to Principal Uses or Structures No accessory use or structure shall be permitted on a lot unless the principal use or structure is in existence previously or until construction of the principal structure is initiated. (7 -1 -97) C. Building Height Limitations 1. For purposes of this section: a. Except as hereinafter provided, no building or structure, or part thereof, shall hereafter be erected or altered to a height greater than the maximum specified for the respective zone. (7 -1 -97) D. Exceptions to height limits Not withstanding other regulations in this Article or the maximum specified for the respective zone, the following structures shall be permitted: (7 -1 -97) 50 1. Church spires, belfries, cupolas, monuments, chimneys, utility transmission towers, water towers, fire towers, cooling towers, elevator penthouses, monuments or towers used in the manufacturing process, or other similar structures, may be permitted to exceed the height stipulated in the schedule of zone regulations by no more than twenty - five percent (25 %) if attached to a building or to a maximum of one - hundred (100) feet if free standing. The Zoning Administrator shall determine whether a proposed height increase is reasonable and serves a function beyond merely drawing attention to the structure. If an increase above a total of one hundred (100) feet is desired, a conditional use permit must be obtained. 2. Except as noted above, no accessory building or structure shall exceed the maximum height limitation established for the zoning district or the height of the structure to which it is accessory, whichever is less, provided, however, that structures which are accessory to a single -story structure may be constructed to a maximum height not exceeding one hundred twenty -five percent (125 %) of the height of the principal structure. In cases where this is permitted, the accessory structure shall be separated from the principal residential structure by a distance of at least twenty (20) feet. (7 -1 -97) Buildings or structures used in conjunction with a bona fide agricultural use or operation in the Rural/Agricultural Conservation (RAC) District shall be exempt from the height limits specified in the Zoning District Regulations. 4. Solar heating and solar collection devices provided such devices do not exceed by more than five (5) feet the otherwise permitted maximum height for the zone in which they are located. (7 -1 -97) 5. The Isle of Wight County Board of Supervisors with a recommendation by the Planning Commission may authorize an exemption to the height regulations. In granting exemptions, the Board of Supervisors with a recommendation by the Planning Commission may impose reasonable conditions. No exemption shall be granted which exceeds the height limitations of Section 5 -3000 (Restrictions Adjacent to Airports). 6. Towers and antennas are allowed to the extent authorized in each zoning district. E. Building setback requirements No portion of any building or other structure may be located on any lot closer to any lot line or to the street right -of -way line than is authorized in each zoning district. 1. Future highway rights -of -way Wherever future highway rights -of -way have been established by official action by the Board of Supervisors or the Virginia Department of Transportation, these rights - of -way shall be used as the basis for determining required setbacks. (7 -1 -97) 2. Setback measurement from right -of -way a. If the street right -of -way line is readily determinable (by reference to a recorded map, set irons, or other means), the setback shall be measured from such right -of -way line. (7 -1 -97) b. In any district, on any lot which fronts on a road having a right -of -way less than fifty (50) feet wide or of undetermined width, the required minimum front yard setback line shall be measured from a point twenty -five (25) feet from the center of such street right -of -way. (7 -1 -97) Front yard requirements in developed areas Where existing buildings or structures occupy lots comprising at least fifty percent (50 %) of the lots within a block, and the average front yard depth of the existing buildings or structures is Less than that required by this ordinance, the average so established may be taken in lieu of that which is normally required, provided that in no case shall a front yard depth so determined be less than twenty (20) feet, or less than the setback line denoted on a recorded subdivision plat, whichever is greater. For the purpose of this calculation, lots on the same side of a the public street on either side of the lot in question for a distance of six hundred (600) feet or to the nearest public street intersection, whichever is less, shall be considered. 4. Front yards on through lots 52 F. Side Yards On any lot that runs through a block from street to street, a front yard as otherwise required in the zone shall be provided along each street lot line. (7 -1 -97) 1. Side yards decreased for narrow lot For each foot by which a nonconforming lot of record at the time of enactment of this ordinance is narrower than fifty (50) feet, and where the owner of record does not own any adjoining property, one and one -half (1 1/2) inches may be deducted from the required minimum width of any side yard for building not exceeding two and one -half (2 1/2) stories in height; provided, however, that no side yard shall be narrower at any point than three (3) feet in any case. (7 -1 -97) 2. Side yards increased for deep buildings In any zone where a side yard is required, the Least width of each side yard shall be increased by one (1) inch for each foot by which the side wall of a building adjacent to a side yard exceeds fifty (50) feet in overall depth. (7 -1 -97) 3. Corner lot On a corner lot in any zone, both yards fronting the street shall equal the required minimum frontage, width and front yard setback for that zone. Of the two (2) sides of the corner lot, the front shall be deemed to be the shortest of the two (2) sides fronting on the streets. 4. Side yard exceptions for attached dwellings In the case of attached dwelling units, the entire structure shall be considered as a single building with respect to side yard requirements. (7 -1 -97) 5. Measure of setback distances or required yards Setback distances or required yards shall be measured from the property line or street right -of -way line to a point on the lot that is directly below the nearest extension of any part of the building that is substantially a part of the building itself and not a mere appendage to it (such as a flagpole, etc.). (7 -1 -97) G. Walls and fences Unless otherwise provided for by this ordinance, fences or walls not more than six (6) feet in height may be located in any required side or rear yard in any district, other than a required yard adjacent to a street except as follows: (7 -1 -97) a. On parcels zoned or occupied by a single family or two family residence, no fence or wall which creates a solid screen may exceed two and one -half (2 1/2) feet in height in any required front yard, except that fences having a uniform open area of fifty percent (50 %) or more may be erected to a maximum height of four (4) feet in such required yards. (7 -1 -97) b. On parcels zoned for or occupied by any use other than a single family or two family dwelling, no fence or wall that creates a solid screen may exceed three and one -half (3 1/2) feet in height in any required front yard, except that fences having a uniform open area of fifty percent (50 %) or more may be erected to a maximum height of four (4) feet in such yards. c. Heights shall be measured from the average ground level adjacent to the fence or wall and shall exclude columns and posts. (7 -1 -97) 2. Open wire fences not exceeding eight (8) feet in height may be erected in any required yard when wholly or partially enclosing any public school, park, recreational or playground site or a public utility. Height shall be measured from the average level of the ground adjacent to the fence or wall. (7 -1 -97) 3. Fences erected for agricultural purposes are exempt from this section. (7 -1 -97) 4. The height, design, and location of fences in required yards erected in conjunction with a bona fide and permitted industrial use or operation may be exempt from this section subject to the review and approval of the Zoning Administrator. (7 -1 -97) H. Projections and yard setback modifications 1. Covered, unenclosed front porches 54 Covered, unenclosed porches, decks, landings, steps, terraces, patios or platforms, open on three (3) sides except for necessary supporting columns and customary architectural features, may be permitted in a required front yard provided that such structure shall not be more than eight (8) feet in width and shall not project more than three (3) feet into such yard. 2. Covered unenclosed porches permitted in required side or rear yard Covered, unenclosed porches, decks, landings, steps, terraces, patios or platforms, open on three (3) sides except for necessary supporting columns and customary architectural features, may be permitted in required side or rear yards provided that no such structure, shall project closer than three (3) feet to any side lot line, that no such structure shall be more than one (1) story in height or more than twenty -four (24) feet in length, and that no such structure shall project more than eight (8) feet into any required rear yard. 3. Uncovered porches Uncovered porches, decks, landings, steps, terraces, patios or platforms which do not extend above the level of the first floor of the building (except for railings and railing supports) may project into any required front, side or rear yard or court not to exceed eight (8) feet. 4. Architectural features, chimneys, air conditioners, cornices, eaves, belt courses, sills, canopies, or other similar architectural features (but not including bay windows or vertical projections) may project into a required side yard not more than eighteen (18) inches, but not closer than three (3) feet to the side lot line, and may exceed thirty-six (36) inches. Chimneys and air conditioners may project into any yard not more than eighteen (18) inches, but air conditioners rated at twenty -four thousand (24,000) BTU or less shall not be so placed as to discharge air within five (5) feet of side yard lines, and those rated over twenty -four thousand (24,000) to discharge air within twelve (12) feet of side yard lines, other than side yard lines adjacent to streets. 5. Open fire escapes Open, unenclosed fire escapes may project not more than four (4) feet into any required yard, but shall not project closer than three (3) feet to any side lot line. 55 6. Open stairways and balconies Open, unenclosed stairways or balconies, not covered by a roof or canopy, may extend or project into a required rear yard only, not more than four (4) feet, but shall not be within three (3) feet of any property line. (7 -1 -97; 2- 17 -00) 7. Exemption of Front Yard Setback for Handicap Ramps Handicap ramps used for residence(s) of a single - family dwelling shall be allowed to encroach into the required front yard setback. The ramp must be built in accordance with the American Disabilities Act as it pertains to wheel chair accessibility. In no instances shall the ramp be covered. I. Frontage Where lot lines are established radially from a curved street so as to increase the width of the lot, the lot frontage in such cases shall be measured along the chord of such curved street. 2. For lots fronting on the turning circle of a cul -de -sac, individual lot frontage may be reduced to not less than fifty percent (50 %) of the minimum lot width for the respective zoning district. Frontage for such lots shall be measured along the chord of the cul -de -sac street. (2- 17 -00) J. Lots with Existing Dwellings On a lot with one (1) or more existing dwelling units, no zoning permit shall be used for an additional single family dwelling except as specifically permitted in this ordinance. Where a new residence is intended to replace an existing unit, the demolition permit for the existing unit shall be issued by the Building Official prior to or at the same time as the zoning permit for the new dwelling. (7 -1 -97) K. Minimum Lot Size 1. All lots shall have at least the amount of square footage indicated for the appropriate zoning and overlay districts. The total floor area in all buildings on the lot shall be considered in determining the adequacy of lot area. 2. For permitted uses utilizing individual sewage systems, the required area for any such use shall be approved by the Health Department. The Zoning Administrator may require a greater 56 area if considered necessary by the Health Department. (7 -1- 97, 2- 17 -00) Recreational Vehicles and Watercraft In all districts it shall be permissible to store out -of -doors recreational vehicles and watercraft as an accessory use only in accordance with the following: (7 -1 -97) 1. Such vehicles or watercraft shall be placed in the rear or side yards only, and shall be located at least five (5) feet from all property lines. This provision shall not apply to recreational vehicles or watercraft stored within completely enclosed structures. (7 -1 -97) 2. Recreational vehicles shall not be used as living quarters, and may only be otherwise occupied in accordance with district regulations. (7 -1 -97; 2- 17 -00) M. Required Yard Not To Be Reduced No lot shall be reduced in area so as to make any yard or any other open space less than the minimum required by this article, and if already less than the minimum required, such yard or open space shall not be further reduced, except by approval of the Board of Zoning Appeals. No part of a yard or other open space provided for any building, structure or use for the purposes of complying with the provisions of this article shall be considered as part of a yard or other open space required under this article for another building, structure or use except in the case of developments which are planned developments or cluster developments and provision is made for shared use of open space. (7 -1 -97) N. Residential Density 1. Only one single - family detached dwelling shall be permitted on any lot, except that accessory apartments and temporary residences shall be permitted as otherwise allowed in this ordinance. 2. In determining the number of dwelling units permissible on a lot, parcel, or tract of land, fractions shall be rounded to the nearest whole number. O. Sight triangles 57 To promote visibility for pedestrians and the operators of motor vehicles, a clear sight triangle shall be established at the intersecting rights -of -way of any two (2) streets. The legs of this sight triangle shall be twenty -five (25) feet in length. They shall begin at the point of intersection of the two (2) street rights -of -way, and shall extend twenty -five (25) feet along each right -of -way line. The triangle shall be formed by connecting the endpoints of these two (2) lines. (7 -1 -97) P. Widening of Public Rights -of -Way and Roads Q. 2. Landscape plantings or other objects constructed, placed, or permanently parked within the sight triangle of roadway or driveway intersections shall conform to Virginia Department of Transportation guidelines for height. __This shall not apply to fire hydrants. Whenever there shall be plans or other official documents in existence, approved by either the Virginia Department of Transportation, the Commonwealth Transportation Board, or the Board of Supervisors which provides for proposed relocation or widening of any public right -of way, road, or street, the Board may require additional yard setbacks for any new construction or for any structures altered or remodeled adjacent to the future planned right -of -way, in order to preserve and protect the land area needed for such proposed public right -of -way, road, or street widening. No structure or part of a structure shall be permitted to be erected within the lines of such proposed public street or highway and all setbacks governing the location of such structures shall be measured from the future public right -of -way, where established. (7 -1 -97) Building Footprint Any single use building, other than an industrial use, containing a building footprint of 80,000 square feet or more measured from the outside perimeter of the building shall require a Conditional Use Permit in accordance with Section 1 -1017 of this ordinance prior to design or construction. For purposes of this section the square footage of a single user building shall include all buildings located within one quarter mile owned or operated by essentially the same establishment, as determined by the Zoning Administrator. 5 -5002 Supplementary Use Regulations for Residential Use Types A. Accessory Apartment It is the specific purpose and intent to allow accessory apartments through conversion of existing larger residential structures and in the construction of new structures. Such uses are to provide the opportunity and encouragement to meet the special housing needs of single persons and couples of low - and- moderate income, both young and old, as well as relatives of families residing in the county. (7 -1 -97) It is furthermore the intent and purpose of accessory apartments to allow the more efficient use of the county's existing housing stock, in a manner consistent with the land use objectives identified in the Comprehensive Plan and to provide alternative housing opportunities while protecting and preserving property values and community character. To help achieve these goals and purposes, the following standards are set forth as conditions for such accessory uses: (7 -1 -97) 1 Residential Accessory Apartment Where allowed as a permitted or a conditional use in the underlying zoning district, the following shall apply: (7 -1 -97) Location i. An accessory apartment may be located either in a primary dwelling unit or in an accessory structure on the same lot or parcel as the primary dwelling. (7 -1 -97) ii. The owner of the residential dwelling unit shall occupy at least one (1) of the dwelling units on the premises. (7 -1 -97) b. Minimum lot size The minimum lot size required for an accessory apartment is 150% of the minimum lot size required for the zoning district in which the use is located. (7 -1 -97) c. Setback requirements An accessory apartment shall meet the setback requirements of the underlying zoning district for the primary dwelling. (7 -1 -97) d. Apartment size i. Minimum floor area: 300 square feet ii Maximum floor area 59 The maximum floor area of an accessory apartment in a primary dwelling shall not exceed one thousand (1,000) square feet or thirty percent (30 %) of the living area of the primary dwelling, excluding garages, breezeways, etc., whichever is less. The maximum floor area of an accessory apartment in an accessory building shall not exceed fifty percent (50 %) of the floor area of the accessory building. (7- 1 -97) e. Maximum number of bedrooms No more than two (2) bedrooms are permitted in an accessory apartment. (7 -1 -97) f. Maximum number of accessory apartments g. No more than one (1) accessory apartment is permitted per parcel. (7 -1 -97) Exterior appearance If an accessory apartment is located in the primary dwelling, the apartment entry shall be located on the side or rear of the unit, and its design shall be such that the appearance of the dwelling will remain as a single - family residential structure. No accessory apartment shall be attached to a primary dwelling by open walkways, breezeways, patios, decks, etc. h. Water and sewer service Approval of the water supply and sewage disposal shall be obtained from the Isle of Wight County Department of Health or the Department of Public Utilities. (7 -1 -97) i. Parking One (1) parking space shall be required in addition to the required parking for the primary dwelling. (7 -1- 97) 2. Commercial Accessory Apartment Where allowed as a permitted or a conditional use in the underlying zoning district, the following shall apply: 60 a. Location A commercial accessory apartment may be located either above or attached to the rear of a commercial unit. In no case shall an accessory apartment be allowed in an accessory structure. b. Minimum lot size The minimum lot size for a commercial unit with an accessory apartment shall meet the minimum square footage required for the zoning district in which the use is located. c. Setback requirements A commercial accessory apartment shall meet the setback requirements of the underlying zoning district for a primary commercial use. d. Maximum floor area g. i. The maximum floor area of an accessory apartment located above a commercial unit shall not exceed fifty percent (50 %) of the entire unit. ii. The maximum floor area of an accessory apartment located to the rear of a commercial unit shall not exceed thirty -five percent (35 %) of the entire unit. e. Maximum number of bedrooms No more than two (2) bedrooms are permitted in an accessory apartment. f. Maximum number of accessory apartments No more than one (1) accessory apartment is permitted per commercial use. Exterior appearance The entry to the apartment shall be located on the side or rear of the commercial unit, and the building design shall maintain its commercial character and appearance. ii. No accessory apartment shall be attached to a commercial unit by open walkways, breezeways, patios, decks, etc. h. Water and sewer service Approval of the water supply and sewage disposal shall be obtained from the Isle of Wight County Department of Health or the Department of Public Utilities. i. Parking Parking for the apartment must be located to the rear or side of the commercial unit. Each apartment must be provided two (2) parking spaces in addition to what is required for the commercial use. B. Community Recreation Except in the case of a planned development, community recreational facilities shall be developed solely for the non- commercial use of the residents and guests of the residential development. 2. A conditional use permit shall be required for the commercial or non - commercial use of a community recreational facility by the general public. The Board of Supervisors, following a recommendation by the Planning Commission, may vary area and setback requirements for existing facilities, provided that alternative methods of protecting adjoining properties are required as conditions of the Conditional Use Permit. 3. Community recreational facilities may be owned and operated by a homeowner's association or a private or public entity. 4. All outdoor recreational playfields, grounds and facilities and associated fences or enclosures shall conform to the required front and corner side yard building setbacks of the underlying zoning district. 5. Recreational structures for indoor recreation shall meet the required setbacks of the underlying zoning district for a primary use. 6. Pedestrian access to community recreational areas shall be provided throughout the entire development. 62 7. Entrances for vehicular access must be provided in accordance with requirements of the Virginia Department of Transportation, and shall be located at least fifteen (15) feet from any recreational use on the lot and from exterior lot lines. 8. Vehicular Parking shall be in accordance with the requirements of this ordinance and shall not be designed as to require or encourage cars to back into a street. a. A reduction of up to twenty -five (25) percent may be granted administratively if the development contains bike paths and a bike parking area. This reduction does not apply to the requirements for employee vehicular parking, or to any community recreational facility open to the general public. 9. A landscaped buffer shall be provided for all community recreational uses in accordance with the requirements for Civic Use Types in Article VIII. a. Tot lots developed separately from other recreational areas may be exempt from landscaping requirements. 10. Lighting shall be installed in accordance with Article XI and shall be arranged to shine inward so that it does not reflect onto adjacent properties or impair the safe movement of traffic. C. Condominium 1. Condominium developments shall be regulated by use in accordance with the underlying zoning district. 2. A condominium development may be developed in accordance with the townhouse or multifamily standards as found in the supplementary use regulations, except that a townhouse condominium development shall not be permitted to deed any portion of the land with the townhouse unit. 3. Any subdivision of land within a condominium development shall comply with the Isle of Wight County Subdivision Ordinance and other County regulations as may by applicable. D. Dwelling, Multifamily Conversion Where allowed in the underlying zoning district, a single - family residence in existence as of July 1, 1997 may be converted to a multi- family dwelling containing not more than four (4) dwelling units in accordance with the following: (7 -1 -97) 63 1. Minimum area and setback requirements a.. Conversions into two (2) dwelling units shall require at least one hundred fifty percent (150 %) of the minimum lot size in the district in which it is located. (7 -1 -97; 2- 17 -00) b. Conversions into three (3) dwelling units shall require at least two hundred percent (200 %) of the minimum lot size in the district in which it is located. (7 -1 -97; 2- 17 -00) c. Conversions into four (4) dwelling units shall require at least two hundred fifty percent (250 %) of the minimum lot size in the district in which it is located. (7 -1 -97; 2 -17- 00) d. The original single- family residence shall meet the minimum setback requirements of the underlying zoning district. (7 -1 -97) 2. Minimum floor area The original single - family residence shall contain at least two thousand (2,000) square feet of floor area. (7 -1 -97) 3. Water and sewer service Approval of the water supply and sewage disposal shall be obtained from the Isle of Wight County Department of Health or the Isle of Wight County Department of Public Utilities. (7 -1 -97) E. Dwelling, Two - Family Duplex 1. Minimum lot size A Two - Family duplex dwelling unit shall be allowed only on lots having at Ieast one hundred fifty percent (150 %) of the minimum lot size in the district in which it is located. 2. Yard setback All setbacks and other requirements in the district in which it is located shall apply, except that the side yard along a common wall separating the two units shall be zero (0) feet. (7 -1 -97) 3. Water and sewer service 64 Approval of the water supply and sewage disposal shall be obtained from the Isle of Wight County Department of Health or the Isle of Wight County Department of Public Utilities. (7 -1 -97) F. Family Day Care Home (serving six to twelve children) The following must be satisfied prior to the issuance of a zoning permit for a family day care home serving six (6) through twelve (12) children: 1. The Zoning Administrator shall send written notification by certified letter to the last known address of each adjacent property owner advising of the proposed family day care home. (7 -1 -97) 2. If no written objection from any property owner so notified is received within thirty (30) days of the date of sending the notification letter and the Zoning Administrator determines that the family day care home otherwise complies with the zoning ordinance, the Zoning Administrator may issue a zoning permit for the family day care home. 3. If written objection from any property owner so notified is received within thirty (30) days of sending the notification letter, then the Zoning Administrator may not issue a zoning permit unless and until such time as a conditional use permit for the family day care home is approved by the Board of Supervisors with a recommendation by the Planning Commission. G. Guest House 1 .Location A guest house shall be located in an accessory structure in the rear yard of the primary structure. a. The owner of the lot or parcel must occupy the primary dwelling. 2. Occupancy A guest house shall not be permitted as an accessory structure prior to the construction and occupancy of the primary dwelling. 65 a. No such quarters shall be occupied by the same guest or guests for more than three (3) consecutive months in any twelve (12) month period. b. No such quarters shall be rented, leased, or otherwise made available for compensation of any kind. 3. Minimum lot size The minimum lot size for a primary dwelling with a guest house shall be one hundred fifty percent (150 %) of the minimum lot size required for the zoning district in which the use is located. 4. Setback requirements A guest house shall meet the required setbacks of the underlying zoning district for the primary dwelling. 5. Maximum floor area The maximum floor area of a guest house shall not exceed thirty percent (30 %) of the floor area of the primary dwelling, excluding garages, breezeways, patios, decks, etc. 6. Maximum number of bedrooms No more than two (2) bedrooms are permitted in a guest house. 7. Maximum number of guest houses There shall be no more than one (1) guest house permitted per residential lot or parcel. 8. Exterior appearance The design of a guest house shall maintain and enhance the character and exterior appearance of the primary dwelling. 9. Water and sewer service Approval of the water supply and sewage disposal shall be obtained from the Isle of Wight County Health Department or the Isle of Wight County Department of Public Utilities. H. Home Occupation, Type I and Type II 1.Intent 66 These provisions are adopted in recognition that certain small - scaled commercial activities may be appropriate in conjunction with residential uses. The character and scale of such commercial activities must be subordinate and incidental to the principal use of the premises for dwelling purposes, and must be consistent with the predominant residential character of the property and/or surrounding neighborhood. In addition, these provisions are intended to limit the size of such home occupations to not create an unfair competitive advantage over businesses located in commercially zoned areas. 2. Types of Home Occupations Recognizing the divergent needs of the developing areas of the County from the rural areas of the County, two levels or types of home occupations have been established. Type I home occupations afford the greatest degree of protection to surrounding residents in those areas that are developing and becoming more suburban in nature. In contrast, Type II home occupations have been established to recognize the greater spaces between residents as well as the types of activities that are similar to those associated with the more traditional agricultural and forestry related activities found in the rural areas. 3. Uses for Home Occupation: Type I Type I Home Occupations are allowed in the following zoning districts: VC, NC, SE, SR, UR, PD -R, PD -MH, and PD -MX. The following is a representative listing of uses which may be conducted as Type I home occupations within the limits established in this section, however, uses not listed below require a specific letter of confirmation from the Zoning Administrator: • Art, handicraft, music, writing, photography, or similar studios Computer and internet related services • Direct sales product distribution as long as products are directly delivered to the customer • Dressmaker, seamstress, tailor • Babysitting (up to five (5) children) • Hair cutting and styling 67 • Home typing or computer services • Mail -order sales for delivery directly to the customer • Non - principal offices of physician, dentist, veterinarian, insurance agent, real estate or similar profession • Offices of accountant, architect, engineer, surveyor, land planner, lawyer, income tax preparer, minister, priest, rabbi, member of a religious order, psychotherapist, counselor, personal consultant or similar professional • Preparation of food for off- premises catering • Telephone sales and order- taking • Tutor 4. Uses for Home Occupation Type II Type II Home Occupations are allowed in the following zoning districts: RAC, and RR. The following is a representative listing of uses that may be conducted as Type II home occupations within the limits established in this section, however, uses not listed below require a specific letter of confirmation from the Zoning Administrator: • All Type I Uses • Contractor businesses • Glazier's or painter shop • Heating, plumbing, or air conditioning services • Repair of small appliances, small engines and limited machining of small parts, office machines, cameras, and similar small items • Wood working and furniture repair 5. Uses That Are Prohibited as Home Occupations The following uses shall be prohibited as home occupations: • Vehicle or boat repair or painting 68 • Equipment or vehicle rental • Seafood or bait sales • Furniture sales • Funeral director, mortuary or undertaker • Laboratory or taxidermy shop • Medical or dental clinic • Private clubs • Restaurants • Animal hospitals • Commercial stables • Commercial kennels • Antique shops • Gun shops, sale of fire arms, gunsmiths • Bed and breakfast • Fortune - teller, including a clairvoyant, a practitioner of palmistry, a phrenologist, a faith healer, a star analyst, a handwriting analyst who attempts to predict the future or any other person who attempts to predict the future • Tattoo parlors 6. General standards for all Home Occupations a. The maximum floor area devoted to home occupations shall not exceed twenty -five percent (25 %) of the finished floor area of the dwelling unit. (7 -1 -97) b. More than one home occupation may be permitted provided the total floor area used for all home occupations is not exceeded. c. No dwelling or structure shall be altered, occupied, or used in a manner, which would cause the premises to differ from a character consistent with a residential use. The use of 69 colors, materials, construction, lighting, or other means inconsistent with a residential use shall be prohibited. (7 -1- 97) d. There shall be no outside storage of goods, products, equipment, excluding motor vehicles, or other materials associated with the home occupation. No toxic, explosive, flammable, radioactive, or other hazardous materials used in conjunction with the home occupation shall be used, sold, or stored on the site. e. The type and volume of traffic generated by a home occupation shall be consistent with the traffic generation characteristics of other dwellings in the area. g. Off street parking shall be provided as appropriate for the specific nature of the home occupation. The home occupation shall not involve the commercial delivery of materials or products to or from the premises. This excludes delivery by the United States Postal Service, Federal Express (FEDEX), United Parcel Service (UPS) or similar delivery services customarily found in residential areas. h. The home occupation shall not increase demand on water, sewer, or garbage collection services to the extent that the combined demand for the dwelling and home occupation is significantly more than is normal to the use of the property for residential purposes. No equipment or process shall be used in a home occupation which creates noise in excess of 60dB(A) measured at the property line, or vibration, glare, noxious fumes, or electrical interference detectable to the normal senses off the premises or through common walls. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or through common walls. No activity in conjunction with a home occupation shall be conducted that adversely impacts or disturbs adjoining property owners. k. Signs are permitted in accordance with Article IX of this Ordinance. Only one (1) sign shall be permitted regardless of the number of home occupations, and must be setback 70 ten (10) feet from the road as measured from the front property line. 7. Specific Standards for Type I Home Occupations a. Home occupations shall be confined to the primary dwelling. To conduct a home occupation in an accessory building, a conditional use permit must be obtained from the Board of Supervisors pursuant to Section 1 -1017. b. No one other than permanent residents of the dwelling shall be engaged or employed in such occupation. c. There shall be no display or storage of goods or products visible from the public right -of -way or adjacent property. d. Lessons in the applied arts shall be permitted, provided the class size for any lesson does not exceed 5 students at any one time. e. Except in the RAC and RR districts, no commercial vehicles shall be parked or stored on the premises associated with the home occupation. 8. Specific Standards for Type II Home Occupations a. Storage of goods or products shall not exceed 10 percent of the finished floor area devoted to the home occupation. b. One person who is not a permanent resident of the dwelling may be engaged or employed in the home occupation. c. An accessory building or structure may be used with the home occupation, provided that the total floor area devoted to the home occupation in the accessory structure and dwelling unit does not exceed thirty (30) percent of the finished floor area of the dwelling unit. 1. Kennel, Private A private kennel shall be located fifty (50) feet from any property zoned other than RAC or RR. J. Manufactured Home, Class A 71 A Manufactured Home, Class A may be permanently located on a lot or parcel as permitted by the underlying district, except in Planned Development Manufactured Home Parks. For the purposes of this section, the following shall apply: The manufactured home is the only residential structure located on the lot or parcel; 2. The manufactured home has a width of nineteen (19) or more feet; (7 -1 -97) 3. The pitch of the home's roof has a minimum vertical rise of one (1) foot for each five (5) feet of horizontal run, and the roof is finished with a type of shingle that is commonly used in standard residential construction; (7 -1 -97) 4. The exterior siding consists of materials comparable in composition, appearance, and usability to the exterior siding commonly used in standard residential construction; (7 -1 -97) 5. The manufactured home is constructed on a permanent footing that meets the requirements of the building code. The foundation wall shall be a continuous, masonry foundation, unpierced except for required ventilation and access and shall be installed prior to occupancy; and (7 -1 -97) 6. The tongue, axles, transporting lights, and towing apparatus are removed after placement on the lot and before occupancy. (7 -1 -97) K. Manufactured Home, Class B A Manufactured Home, Class B may be permanently located on a lot or parcel as permitted by the underlying zoning district, except in Planned Development Manufactured Home Parks. (7 -1 -97) 2. For the purposes of this section, the following shall apply: a. The manufactured home is the only residential structure located on the lot or parcel. b. The manufactured home is constructed on a permanent footing that meets the requirements of the building code. Skirting may be permitted around the perimeter of the foundation. 72 c. The tongue, axles, transporting lights, and towing apparatus are removed after placement on the lot and before occupancy. L. Manufactured Home, Family Member Residence A Manufactured Home, Class B located on the same lot or parcel as a primary dwelling may be allowed as an accessory use in accordance with the provisions of the underlying zoning district. For the purposes of this section, the following shall apply: The manufactured home shall be occupied solely by a specified family member or members, related to the occupants of the primary residence on the property. a. The owner of the lot or parcel must occupy the primary dwelling. b. A family member manufactured home shall not be permitted prior to the construction and occupancy of the primary dwelling. c. The manufactured home shall be removed not later than ninety (90) days after no longer being occupied by the specified occupants. 2. The minimum lot size for a primary residence with a family member manufactured home shall be one hundred fifty (150) percent of the minimum square footage required by the underlying zoning district. 3. Where public sewer is not available, the Isle of Wight County Health Department shall approve sewage disposal for all family member manufactured homes. 4. Only one (1) family member manufactured home is allowed per parcel. 5. No family member manufactured home shall be allowed on a lot with another Manufactured Home, Class B. 6. A zoning permit shall not be issued for a family member manufactured homes until the following procedure has been completed: a. The Zoning Administrator is to send written notification by certified letter to the last known address of each 73 adjacent property owner advising them of the proposed family member manufactured home and informing them that the permit may be issued if written comments are not received within thirty (30) days. The property shall also be posted with a sign pursuant to section 10300 for no less than fourteen (14) days prior to the expiration of the thirty (30) day period. (7 -1 -97) b. If the Zoning Administrator receives no written objection from any property owner so notified within thirty (30) days of the date of sending the notification letter, and the Zoning Administrator determines that the proposed manufactured home otherwise complies with the zoning ordinance, and the requirements for sewage disposal, the Zoning Administrator may issue a zoning permit for the family member manufactured home. c. If the Zoning Administrator receives written objection from any property owner so notified within thirty (30) days of the date of sending the notification letter, then the Zoning Administrator may not issue a zoning permit unless and until such time as a conditional use permit for the proposed manufactured home for a family member is approved by the Board of Supervisors with a recommendation by the Planning Commission. (7 -1 -97; 2- 17 -00) M. Manufactured Home, Temporary Residence A Manufactured Home, Class B may be allowed as a temporary residence during the construction, repair, or renovation of a permanent residential structure on a single lot or parcel subject to the following: (7 -1 -97) 1. All permits for temporary residences, while repairing a permanent residence shall expire within one (1) year after the date of issuance. No extension shall be considered unless substantial construction has been initiated on the permanent residence. One (1) extension not exceeding ninety (90) days may be granted by the Zoning Administrator if it is determined that such additional time is required to reasonably complete the construction, repair or renovation of the permanent residence. (7 -1 -97) 2. All permits issued for temporary residence while constructing a new replacement residence shall expire within two (2) years after the date of issuance. No extension shall be considered unless substantial construction has been initiated on the 74 replacement residence. One (1) extension not exceeding ninety (90) days may be granted by the Zoning Administrator if it is determined that such additional time is required to reasonably complete the construction, repair or renovation of the replacement residence. (7 -1 -97) 3. All temporary manufactured homes must be removed at least 30 days after a final certificate of occupancy has been issued. 4. Only one (1) temporary manufactured home is allowed per parcel. N. Multifamily Dwelling 1. Districts permitted Multifamily apartments are permitted as indicated in the Zoning District Regulations. The following standards for such apartment uses are intended to supplement, and in some cases, supercede those outlined in the schedule of zone regulations district regulations. 2. Density controls for Multifamily Apartment Development a. Lot area and dimensions i. Minimum lot area: 15,000 square feet (Note: Multifamily dwellings located on less than three (3) contiguous acres shall obtain a conditional use permit.) ii. Minimum frontage: 100 feet in continuous frontage iii. Minimum lot depth: 100 feet iv. Minimum setbacks: Front: 30 feet Side: 15 feet Rear: 20 feet 3. Buffers and Special setback requirements: a. All structures, including accessory structures, shall be located a minimum of seventy (70) feet from the right -of- way of an existing street which abuts or borders the development. An additional twenty (20) foot setback from existing arterial streets shall be required for any structure which exceeds two (2) stories. b. Building setbacks for lots adjacent to single - family residential districts or property used for single - family dwellings shall be at least fifty (50) feet. No active recreational areas, parking, or refuse containers should be located within this setback area. c, Whenever the principal entrance to a multifamily structure, or the entrance to the individual dwelling units therein, faces on and opens directly onto the side or rear yard portion of a building, the yard width shall not be less than the front yard requirement. No parking shall be permitted within the side or rear yard space required under this provision. (7 -1 -97) d. The rear yard setback may be reduced to twenty (20) feet from service drives, driveway aisles, parking areas, and alleys. e. The minimum distance between multifamily structures shall be fifty (50) feet. 4. Maximum density: 14 dwelling units per acre 5. Building coverage The maximum lot coverage for principal and accessory buildings shall be forty percent (40 %) of the total tract area. (7 -1 -97) 6. Open space a. A minimum of forty -five (45 %) of the total site area shall be maintained as open space. This required open space shall not be devoted to service driveways, off - street parking, or loading spaces. (7 -1 -97) b. It is further provided that twenty -five percent (25 %) of the above - referenced open space be suitable for usable recreational space. (7 -1 -97) 76 c. Each such recreational space shall be at least fifty (50) feet in the least dimension with a minimum area of five thousand (5,000) square feet. (7 -1 -97) 7. Multifamily apartments shall be provided with central water and public sewerage systems constructed in accordance with county standards and specifications for such systems and be approved by all appropriate agencies. (7 -1 -97) 8. Private streets shall meet the design, material and construction standards established by the Virginia Department of Transportation. A maintenance plan shall be prepared and submitted as part of the site development plan approval process. 9. Parking standards and aisle widths shall be accordance with Article X of this ordinance 10. Landscaping For the purpose of landscaping, multifamily dwellings shall be treated as a Commercial Use Type and required to submit a Landscaping Plan meeting all of the guidelines and specifications of Article VIII pertaining to such Use Types. 11. Lighting shall be installed in accordance with Article XI (Outdoor Lighting Requirements and Restrictions) and shall be arranged to shine inward so that it does not reflect onto adjacent properties or impair the safe movement of traffic. 12. Site plan approval Site plans shall be required for all multifamily developments in accordance with the provisions of this ordinance. 13. Management of common and open spaces in multifamily and condominium developments a. All common and open spaces shall be preserved for their intended purpose as expressed on the approved site plan. (7 -1 -97) b. A management structure consisting of a nonprofit association, corporation, trust, or foundation for all owners of residential property within the development shall be established to insure the maintenance of open space and other facilities. (7 -1 -97) 77 c. The management structure shall be established prior to the sale of any property. (7 -1 -97) d. Membership in the management structure shall be mandatory for all residential property owners, present or future, within the development. (7 -1 -97) e. The management structure shall manage all common and open spaces, recreational and cultural facilities, and private streets, and shall provide for the maintenance, administration and operation of said land and improvements, and secure adequate liability insurance on the land. 1. Intent The management structure and organization shall comply with the Condominium Act, Code of Virginia (1950), as amended. (7 -1 -97; 2- 17 -00) 14. Architectural Treatment The following architectural treatments shall be incorporated into all multifamily developments: a. Developments shall possess architectural variety but enhance an overall cohesive residential character. This character shall be achieved through the creative use of design elements such as balconies and or /terraces, articulation of doors and windows, varied sculptural or textural relief of facades, and architectural ornaments, varied rooflines or other appurtenances such as lighting fixtures and/or plantings, and where applicable varied placement of front entryways. b. Pedestrian pathways shall be used to Zink all buildings, greenspaces, and recreational areas within the development. Buildings shall be linked to sidewalks and to each other as appropriate. These walkways shall be landscaped and lighted. c. Open space areas shall be considered an organizing element of the site plan. Courtyards or greens shall be utilized within the development. In such instances, residential buildings shall front on these open spaces. O. Temporary Emergency Housing 78 These regulations are adopted in recognition that temporary emergency housing options may be necessitated by fire, flood, or other unforeseen and sudden acts of nature. 2. Temporary Emergency Housing, used under a Declared Disaster a. Temporary Emergency Housing may be placed on property when a disaster has been declared by the Board of Supervisors, the Governor of the Commonwealth of Virginia, or the President of the United States in accordance with applicable state and federal law. b. A zoning permit shall be obtained before Temporary Emergency Housing can be placed on the property. c. All zoning requirements, including setback requirements, may be waived as determined to be necessary by the Zoning Administrator. d. The period for temporary placement of such structures shall be no more than twelve (12) months, unless an extension is specifically authorized by the Board of Supervisors for an additional period of time to be set by the Board. e. No action under these provisions shall authorize permanent improvements or establishing a use in violation of this ordinance or any other law. 3. Temporary Emergency Housing, used during reconstruction or replacement of an uninhabitable dwelling lost or destroyed by fire, flood, or other unforeseen and sudden acts of nature. a. The Zoning Administrator may authorize the emergency use of a Temporary Emergency Housing on a lot, if the Building Official certifies that the permanent dwelling on the lot is uninhabitable. b. Only one temporary emergency housing unit shall be permitted on any lot of record. It shall be located on the same lot as the destroyed dwelling, and must be occupied only by the person, persons, or family, whose dwelling was destroyed. c. The temporary emergency housing shall meet all setback and yard requirements for the district in which it is located. It shall be anchored and stabilized in accordance 79 with the provisions of the Virginia Uniform Statewide Building Code. d. A one time extension of up to ninety (90) additional days may be granted by the Zoning Administrator if substantial reconstruction of the destroyed dwelling has occurred, and work has, and is continuing to progress. The temporary emergency housing must be removed within 30 days after a final certificate of occupancy has been issued for the reconstructed dwelling. P. Townhouse Townhouses are permitted as indicated in Zoning District(s) regulation(s). The following standards for townhouse development are intended to supplement, and in some cases, supercede those outlined in the district regulations. 1. Density requirements a. Minimum parcel area: 15,000 square feet (Note: Townhouse developments located on less than three (3) contiguous acres shall obtain a conditional use permit.) 2. Townhouse developments a. Each parcel utilized for townhouse development shall have a minimum frontage of at least two hundred (200) feet upon a public street and shall have a minimum depth of not less than two hundred (200) feet. (7 -1 -97) b. The maximum permitted density shall not exceed the density permitted in the zoning district for the total tract area of the townhouse development. (7 -1 -97) c. The total of all building areas shall not exceed forty percent (40 %) of the gross site acreage of the townhouse development. (7 -1 -97) 3. Townhouse lots: a. The lot width, measured at the building line, for individual townhouse dwelling units shall be no less than twenty (20) feet. (7 -1 -97) 80 b. The lot width of end units of townhouse structures shall be adequate to provide the required side yards. (7 -1 -97) c. There shall be no more than one (1) townhouse dwelling unit on a townhouse lot. (7 -1 -97) d. Individual townhouse lots shall contain no less than 1,500 square feet, except that end units shall contain not less than 3,500 square feet. 4. Yard requirements a. Front yards The front yard of a townhouse lot which fronts on a public or private street shall be twenty -five (25) feet. (7 -1 -97) b. Side yards Side yards shall be required only for end unit lots of a townhouse structure. Under no condition shall a side yard adjacent to a public or private street, or adjacent to the property line of the townhouse development be less than the required minimum front yard. (7 -1 -97) c. Rear yards A rear yard of twenty -five (25) feet shall be provided for each townhouse lot. (7 -1 -97) 5. Building Coverage The maximum lot coverage for principle and accessory buildings shall be forty (40) percent of the total tract areas. 6. Building requirements and relationship a. Dwelling units per townhouse structure and length of structure No more than eight (8) dwelling units shall be contained in a townhouse structure. The maximum length of any townhouse structure shall not exceed two hundred (200) feet. (7 -1 -97) b. Setback between buildings The minimum distance between any two unattached townhouse structures shall be forty (40) feet. The setback shall be increased to sixty (60) feet if the townhouse structures are face to face. The point of measurement shall be the exterior walls of the structures and does not include balconies or other architectural features. In the event that the structures are contained within a townhouse cluster, the above distances may be reduced to twenty -five (25) feet and forty (40) feet, respectively. (7 -1 -97) c. Distance to service areas No townhouse structure shall be closer than twenty (20) feet to any interior driveway or closer than fifteen (15) feet to any off- street parking area excluding a garage or parking space intended to serve an individual townhouse unit. (7 -1 -97) 7. Individual townhouse units shall contain at least nine hundred (900) square feet of livable floor area, exclusive of garages, carports, basements, attics, open porches, patios, or breezeways. (7 -1 -97) 8. Requirements for townhouse cluster a. All lots within a townhouse cluster shall front on a public way. A public way intended for pedestrian circulation shall have a minimum width of five (5) feet. (7 -1 -97) b. All public ways or other common facilities within a townhouse cluster shall be maintained by the property owners within the townhouse cluster. (7 -1 -97) 9. Utilities- -Water and sewage systems a. Townhouses shall be provided with central water and public sewerage systems constructed in accordance with standards and specifications for such systems and be approved by all appropriate agencies including the Isle of Wight County Department of Public Utilities and the Hampton Roads Sanitation District. (7 -1 -97) b. All utilities shall be located underground. 10. Private streets shall meet the design, material and construction standards established by the Virginia Department of Transportation. A maintenance plan shall be prepared and 82 submitted as part of the site development plan approval process. 11. Parking standards and aisle widths shall be in accordance with Article X, Vehicle Parking and Landscaping. 12. Open space A minimum of forty percent (40 %) of the lot, parcel, or tract of land upon which the townhouse development is located shall be maintained in common open space areas. (7 -1 -97) 13. Landscaping For the purpose of landscaping, townhouses shall be treated as a Commercial Use Type and required to submit a Landscaping Plan meeting all of the guidelines and specifications of Article VIII pertaining to such Use Types. 14. Lighting Lighting shall be installed in accordance with Article XI and shall be arranged to shine inward so that it does not reflect onto adjacent properties or impair the safe movement of traffic. 15. Site plan approval Site plans shall be required for all townhouse developments in accordance with the provisions of this ordinance. (7 -1 -97) 16. Management of common and open spaces in townhouses and condominium developments a. All common and open spaces shall be preserved for their intended purpose as expressed on the site plan. (7 -1 -97) b. A management structure consisting of a nonprofit association, corporation, trust, or foundation for all owners of residential property within the development shall be established to insure the maintenance of open space and other facilities. (7 -1 -97) c. The management structure shall be established prior to the sale of any property. (7 -1 -97) d. Membership in the management structure shall be mandatory for all residential property owners, present or future, within the development. (7 -1 -97) 83 e. The management structure shall manage all common and open spaces, recreational and cultural facilities, and private streets, and shall provide for the maintenance, administration and operation of said land and improvements, and secure adequate liability insurance on the land. The management structure and organization shall comply with the Condominium Act, Code of Virginia (1950), as amended. (7 -1 -97; 2- 17 -00) 17. Architectural Treatment The following architectural treatments shall be incorporated into all townhouse developments: a.Townhouse rows of more than six units shall be clustered and employ sufficient variety of setbacks to avoid monotonous facades and bulky masses. The front setback of each townhouse unit shall be varied at least two feet from the adjacent unit; every third unit shall vary at least four feet from the adjacent unit. b.Developments shall possess architectural variety but enhance an overall cohesive residential character. This character shall be achieved through the creative use of design elements such as balconies and or /terraces, articulation of doors and windows, varied sculptural or textural relief of facades, and architectural ornaments, varied rooflines or other appurtenances such as lighting fixtures and/or plantings, and where applicable varied placement of front entryways. c. Townhouses may front onto open spaces. In this instance, a private shared driveway in the rear of residential buildings shall be utilized. A minimum of 80% front yard soft landscaping shall be planted. Garages shall not protrude beyond the farthest wall of the residential building on the same side. d.In instances where front entryways are placed in the front yard of a townhouse, garages shall not protrude forward beyond the front door of the housing unit. e.Pedestrian pathways shall be used to link all buildings, green spaces, and recreational areas within the development. Buildings shall be linked to sidewalks and 84 to each other as appropriate. These walkways shall be landscaped and lighted. 5 -5003 Supplementary Use Regulations for Civic Use Types A. Adult Care Center 1. Proof that all required local, state, or federal licenses, permits, and other documents necessary for the operation of an adult care center shall be provided to the Zoning Administrator prior to the issuance of a zoning permit. 2. The Zoning Administrator shall be notified of any license expiration, suspension, revocation or denial within three (3) days of such event. Failure to do so shall be deemed willful noncompliance with the provisions of this zoning ordinance. 3. Where provided for in the Zoning District(s) regulation(s) as a conditional use, an adult day care center may be permitted by the Board of Supervisors with a recommendation by the Planning Commission upon a finding of the following criteria: B. Cemetery a. That the adult care center will not create excessive traffic, insufficient parking, number of individuals being cared for, noise, or type of physical activity; and b. That there is ample indoor and outdoor space, free from hazard, appropriately equipped with considerations given to the physical and mental conditions of the persons attending the adult care center. 4. A conditional use permit shall not be required for an adult care center that is operated by a religious organization, in buildings or structures on property regularly used as a place of worship, or on adjacent leased property. 1. Any burial plot on land abutting a public or private street shall comply with the required front yard setback of the underlying zoning district and twenty -five (25) feet from all property lines. (7 -1 -97) 2. Arrangements for perpetual maintenance of the cemetery shall be in compliance with all applicable governmental laws and regulatory requirements and shall be approved by the County Attorney as to form. (7 -1 -97) 85 Well Class Distance in Cemete Class 3A or Deep Well Minimum 50 feet Class 3B Well Minimum 50 feet Class 3C or a shallow well Minimum 100 feet Class 4 well Minimum 100 feet 3. Cemeteries and distance from wells All cemeteries shall meet the requirements setforth below unless otherwise exempted by the Department of Health. The proposed location for a cemetery shall be compatible with adjacent land uses, existing or proposed highways, and any other elements or factors deemed to affect the public health, safety, and welfare of the inhabitants of such district. (7 -1 -97) C. Child Care Center 1. Proof that all required local, state, or federal licenses, permits, and other documents necessary for the operation of a child care center shall be provided to the Zoning Administrator prior to the issuance of a zoning permit. (7 -1 -97) 2. The Zoning Administrator shall be notified of any license expiration, suspension, revocation or denial within three (3) days of such event. Failure to do so shall be deemed willful noncompliance with the provisions of this Zoning Ordinance. 3. Where provided for in the Zoning District(s) regulation(s) as a conditional use, a child care center may be permitted by the Board of Supervisors with a recommendation by the Planning Commission upon a finding of the following criteria: a. That the child care center will not create excessive traffic, insufficient parking, number of individuals being cared for, noise, or type of physical activity; b. That there is ample indoor and outdoor play space, free from hazard, appropriately equipped, and readily accessible for the age and number of children attending the child day care center; and (7 -1 -97) c. That the area of the property upon which the child care center is located contains no less than one thousand (1,000) square feet per child to be cared for in the child care center. (7 -1 -97) 86 4. A conditional use permit shall not be required for a child care center that is operated by a religious organization, in buildings or structures on property regularly used as a place of worship, or on adjacent leased property. (7 -1 -97) D. Child Care Institution Setbacks adjacent to single - family residential districts or property used for single - family dwellings shall be at least sixty (60) feet. No active recreational areas, refuse containers, parking or vehicular access, etc. should be located within this setback area. 2. Perimeter landscaping shall be in accordance with Use Types as specified in Article VIII, and fencing shall be required. 3. Entrances for vehicular access must be provided in accordance with requirements of the Virginia Department of Transportation, and shall be located at least sixty (60) feet from exterior lot lines. 4. Vehicular parking shall be in accordance with the requirements of this ordinance. 5. Lighting shall be installed in accordance with Article XI (Outdoor Lighting Requirements and Restrictions) and shall be arranged to shine inward so that it does not reflect onto adjacent properties or impair the safe movement of traffic. E. Community Center 1. Pedestrian access and/or bike paths shall be provided to adjacent residential developments. A bike parking area shall also be provided. 2. Entrances for vehicular access must be provided in accordance with requirements of the Virginia Department of Transportation, and shall be located at least fifteen (15) feet from any recreational use on the lot and from exterior lot lines. 3. Vehicular Parking shall be in accordance with the requirements of this ordinance and shall not be designed as to require or encourage cars to back into a street. 4. Lighting shall be installed in accordance with Article XI (Outdoor Lighting Requirements and Restrictions) and shall be arranged to shine inward so that it does not reflect onto adjacent properties or impair the safe movement of traffic. 87 F. Educational Facility, Primary /Secondary Facilities in the RAC and VC districts in existence as of the date of this ordinance may be expanded or enlarged without a Conditional Use Permit provided that all other site plan requirements are met. G. Nursing Home Buildings in existence as of the date of adoption of this ordinance may be expanded or enlarged without a Conditional Use Permit provided that all other site plan requirements are met. H. Public Maintenance & Service Facility Outside storage of materials shall be completely screened from public view, including vehicular storage areas. I. Public Park and Recreational Area 1. All outdoor recreational playfields, grounds and facilities and associated fences or enclosures shall conform to the required front and corner side yard building setbacks of the underlying zoning district. 2. Recreational structures for indoor recreation shall meet the required setbacks of the underlying zoning district for a primary use. 3. Pedestrian access shall be provided whenever practicable to adjacent residential properties. 4. Entrances for vehicular access must be provided in accordance with requirements of the Virginia Department of Transportation, and shall be located at least fifteen (15) feet from any recreational use on the lot and twenty -five (25) feet from any exterior lot lines. 5. Vehicular Parking shall be in accordance with the requirements of this ordinance and shall not be designed as to require or encourage cars to back into a street. 6. Lighting shall be installed in accordance with Article XI (Outdoor Lighting Requirements and Restrictions) and shall be arranged to shine inward so that it does not reflect onto adjacent properties or impair the safe movement of traffic. 88 7. All public swimming pools shall conform to the following minimum requirements: a. Setback requirements: 75 feet from any property line i. Additional setback requirements: 1. Setback adjacent to residential zone: 125 feet 2. Setback adjacent to railroad right -of -way, publicly owned land or land in commercial or industrial zone at any point: 25 feet b. Any buildings erected on the site of any such pool shall comply with the yard requirements of the zone in which the pool is located. 8. A public water supply shall be available and shall be used for the pool. Use of a private supply of water for the pool may be granted by conditional use permit provided that it will not adversely affect the water supply of the community. 9. Perimeter landscaping shall be in accordance with Bufferyard D in Section 8 -1004, and fencing shall be required adjacent to a residential zone. 10. Special conditions deemed necessary to safeguard the general community interest and welfare, such as provisions for off - street parking, additional fencing or planting or other landscaping, additional setback from property lines, location and arrangement of lighting and other reasonable requirements, including a showing of financial responsibility by the applicant, may be required by the Board of Supervisors with a recommendation from the Planning Commission as a requisite to the granting of a conditional use when applicable. J. Religious Assembly Religious facilities in the RAC and VC districts in existence as of the date of this ordinance may be expanded or enlarged without a Conditional Use Permit provided that all other site plan requirements are met. K. Utility Service, Minor All new customer utilities, services, including but not limited to all wires, cables, pipes, conduits and appurtenant equipment, carrying or used in connection with the furnishing of electric 89 power, telephone, telegraph, cable televisions, petroleum, gas, steam, water or sewer systems, shall, after the effective date of this ordinance be placed below the surface of the ground; provided, that: 1. Equipment such as electric distribution transformers, transmission 33KV and above, switchgear, meter pedestals and telephone pedestals, which are normally installed above ground and in accordance with accepted utility practices for underground distribution systems may be so installed; 2. Meters, service connections and similar equipment normally attached to the outside wall of the premises it serves may continue to be so installed; 3. Overhead utilities services existing as of October 29, 1974, may be repaired, replaced or increased in capacity; and relocated parallel and adjacent to pre - existing state roads; 4. Temporary overhead facilities required for construction purposes will be permitted; 5. Whenever relocation of utility facilities is compelled by any construction undertaken by any unit of government, the provisions of this section may be waived by the board of supervisors or its agent; 6. Overhead farm and industrial customer utility services and wiring which is on property owned and /or occupied by the users thereof will be permitted; 7. Underground utilities will not be required in those areas of the county zoned rural agricultural conservation districts under the Zoning Ordinance of Isle of Wight County; 8. Underground utilities will not be required in industrial parks which would be defined as subdivisions by the Subdivision Ordinance of Isle of Wight County if zoned to an industrial use under the Zoning Ordinance of Isle of Wight County; 9. Overhead utilities services may be extended within a subdivision where the average lot size (excluding the original parcel) is greater than five (5) acres and may further be extended in any case where such extension would be parallel and adjacent to public roads existing as October 29, 1974. Utilities services along roads not existing as of October 29, 1974, and internal to a subdivision where the average lot size (excluding the original parcel) is five (5) acres or less must be 90 underground. Overhead utilities services may be extended along or across other public roads as authorized by the zoning administrator. 10. All improvements herein required shall be in accordance with accepted standards of utility practice for underground construction. (7 -1 -97; 6- 18 -98.) L. Utility Services, Major 1. Public utility buildings in any permitted residential zone shall have the exterior appearance of residential buildings. Landscaping shall be provided in accordance with Bufferyard D in Section 8 -1004. 2. Nothing herein shall require a Conditional Use Permit for repair of a water well so long as the design capacity of the repaired well is not increased; nor shall a conditional use permit be required for replacement of a well which is worn out or has become less productive, so long as: a. The replacement well is no more than one - fourth (1 /4) of a mile in distance from the well being replaced; (7 -1 -97) b. The replaced well is abandoned in accordance with regulations administered and enforced by Virginia Department of Environmental Quality or other applicable agency; (7 -1 -97) c. The replacement well shall draw water from the lower cretaceous aquifer (Potomac Group) only; d. The owner of the well demonstrates to the Zoning Administrator that the replacement well will provide no more water than the well being replaced by providing the Zoning Administrator Board with the initial production tests of the well being replaced and the initial production tests of the replacement well; and e. The average static water level of the lower Cretaceous aquifer, as determined from the average of all monitoring and observation wells of the Virginia Department of Environmental Quality, has not dropped more than fifty percent (50 %) from the most recent average static water level. (Measured from the most recent average static water level to the top of the aquifer). (7 -1 -97) 91 Provided, further, that if the owner has more than one (1) well designed or capable of producing fifty thousand (50,000) gallons or more per day located in Isle of Wight County, Virginia, the owner shall provide the Zoning Administrator with the name, location and initial production tests of such other wells of said design or capacity. The dissolution or abandonment of a public water system previously approved by the Virginia Department of Health and /or the County shall require obtaining a Conditional Use permit from the Board of Supervisors, after recommendation from the Planning Commission. 5 -5005 Supplementary Use Regulations for Commercial Use Types A. Adult Entertainment Establishment An adult entertainment establishment shall be permitted where the Zoning District(s) regulation(s) identifies such uses subject to the following standards: 1. No such regulated use shall be permitted: a. Within one (1) mile of any other existing adult entertainment establishment; and, b. Within one (1) mile of any residential zoning district, Planned Development Residential District c. Within one (1) mile of any of the following uses: Child Care Institution, Child Care Center, place of Religious Assembly, or establishment that sells religious articles or religious apparel; ii. Primary or Secondary Educational Facility, and their adjunct play areas; and iii. Community Recreation, Public Parks and Recreational Areas, or Cultural Services. The separation and distances specified in this subsection shall be measured from property lines, or in the case of zoning districts, from the outward boundary of that district. 2. Signs and other visible messages 92 Adult Entertainment Establishments shall be permitted to have signs and visible messages based on the allowable sign area of the zoning district in which they are located, provided: a. Signs i. Sign messages shall be limited to verbal description of material or services available on the premises. (7- 1 -97) ii. Sign messages may not include any graphic or pictorial depiction of material or services available on the premises. (7 -1 -97) b. Other visible messages i. Messages which are visible or intended to be visible from outside the property (such as on or within doors or windows) shall not display materials, items, publications, pictures, films, or printed material available on the premises; or pictures, films, or live presentations of persons performing or services offered on the premises. (7 -1 -97) 3. Discontinuance of operation Should a use defined as an adult entertainment establishment cease or discontinue operation for a period of ninety (90) or more consecutive days, it may not resume, nor be replaced by any other adult entertainment establishment unless it complies with the requirements set forth above. B. Antique Shop 1. The following shall apply to all antique shops: a. The outdoor display of goods or merchandise for sale shall be prohibited. 2. The following shall apply in the RAC and VC zoning districts: a. The use of an existing structure shall be permitted provided adequate off - street parking is provided in accordance with this ordinance. b. Direct access to the property shall be provided from a publicly owned and maintained road, and use of a private 93 road in conducting this business, other than a driveway for sole use of the owner /occupant of the property, shall be prohibited. C. Bed and Breakfast A. Bed and Breakfast shall comply with the following standards: 1. Maximum number of guest bedrooms: 5 2. Maximum number of guests at any one time: 15 3. No paying guest shall stay on any one (1) visit for more than fourteen (14) consecutive nights. 4. One (1) off - street parking space for each guest bedroom shall be provided in a side or rear yard; 5. Meal service is limited to one (1) daily meal between 6 A.M. and 11 A.M. per paying overnight guest and is subject to approval by the Isle of Wight County Health Department for food preparation; and (7 -1 -97) 6. At least one (1) operator of the Bed and Breakfast shall reside on the premises or on an adjacent premises. (7 -1 -97) D. Campground 1. All campgrounds shall meet the following requirements: Campground area a. Minimum Lot Area: 10 acres b. Minimum Lot Frontage: 150 feet abutting a public highway, road, or other public right -of -way, unless otherwise approved by the Board of Supervisors. 2. Camping site density a. The density of campsites in a campground shall not exceed an average of fifteen (15) campsites per acre of the developed portion of the campground, inclusive of service roads, toilet facilities, and service buildings. (7 -1 -97) b. Each camping site shall provide a minimum of nine hundred (900) square feet (7- 1 -97). 94 c. The camping site shall either provide a parking space for one (1) motor vehicle that will not interfere with the convenient and safe movement of traffic, or provide equivalent parking of one (1) parking space per camping site in a central area. (7 -1 -97) 3. Setbacks 4. Roads a. Minimum setback of all camping sites or pads from: (7 -1- 97) Adjacent property lines and public or street rights -of- way: 100 feet ii. Any residence of adjacent property owners: 300 feet iii. All interior roads and from each other: 20 feet a. Interior roads shall be constructed of a minimum of six (6) inches of gravel and be twenty (20) feet wide, except that one -way roads may have a minimum width of ten (10) feet. (7 -1 -97) b. Campgrounds shall be provided with safe and convenient vehicular access from abutting public streets or roads. (7- 1 -97) c. Connections of campgrounds with public streets or roads shall conform to the applicable design standards as required by the Virginia Department of Transportation (VDOT). (7 -1 -97) 5. Water and sewer Each campsite shall have an available water supply and sewage disposal facilities as may be required by the appropriate State and County agencies. Whenever public water and /or sewer systems are available, such systems shall be used. (7 -1 -97) a. Service buildings Each campground shall provide conveniently located service building(s) which shall contain the following minimum equipment for each twenty (20) campsites within the campground: (7 -1 -97) 95 6. Recreation area 7. Fire protection One (1) flush type toilet ii. One (1) lavatory, and iii. One (1) shower with hot and cold running water for males; and one (1) of each for females. Such equipment shall be in accordance with County and State codes. All portions of the structure shall be properly protected from damage by ordinary uses and by decay, corrosion, termites, and other destructive elements. Exterior portions shall be of such material and be so constructed and protected as to prevent entrance or penetration of moisture and weather. (7 -1 -97) A minimum of fifty percent (50 %) of the total campground shall be reserved for open space and developed recreational area and shall not include any land required for individual campsites, roads or service area. (7 -1 -97) Each campground shall provide such fire protection equipment as may be recommended by the local Fire Department. During installation of electrical service facilities for the campground, the Department of Inspections shall inspect and approve the installed electrical systems. A certificate of approval shall be displayed in the electrical service equipment area and a copy shall be provided to the Zoning Administrator. (7 -1 -97) Additional regulations required to ensure the campground is protected from fire: 1. Campgrounds shall be kept free of litter, rubbish, and other flammable materials. (7 -1 -97) 2. Portable fire extinguishers rated for class, A, B, and C shall be kept in service buildings and at other locations conveniently and readily accessible for use by all occupants and shall be maintained in good operating condition. Their capacity shall not be less than required by applicable codes. (7 -1 -97) 96 3 Fires shall be made only in stoves, incinerators, and other equipment intended for such purposes. 8. Site plan A site plan shall be submitted for all campgrounds. 9. Time restrictions No recreational vehicle or camping trailer shall be used as a permanent residence and no individual unit shall be continually occupied in any location for a period of more than sixty (60) days within the period of one (1) year from the date it was first brought into the community. 10. Special conditions Campgrounds shall follow the regulations set forth in Section 1 -1017 for Conditional Uses. E. Commercial Indoor Sports and Recreation 1. Where an Indoor Shooting Range is proposed, the following additional criteria shall apply: The application shall be referred to the County Sheriffs Office for review and comment. Such use shall be designed to eliminate all danger from flying projectiles, as deemed necessary by the County Sheriff. The building and site shall be designed to eliminate any excessive noise, above what would be customary and typical for the location without an indoor shooting range. F. Commercial Outdoor Entertainment/Sports and Recreation 1. The following shall apply to all such uses: a. All principal buildings and structures and all intensively active areas associated with this use shall comply with the height, coverage, and setback regulations for the district in which they are located. b. The provision of food, refreshments, and entertainment as an accessory use to the principal use shall be permitted, provided such activity shall not create additional demand on on -site facilities, including parking, access, utilities, etc. 97 c. All outdoor lighting shall be located, shielded, landscaped, or otherwise buffered so that no direct light shall constitute an intrusion into any residential area. G. Commercial Outdoor Swimming Pool and Tennis Facility Commercial swimming pools or tennis facilities, including accessory buildings, may be allowed when consistent with Zoning District regulations upon a finding by the Board of Supervisors with a recommendation from the Planning Commission that such a use will not create excessive traffic, noise, or physical activity, provided that the following minimum area, frontage, and setback requirements shall be complied with: 1. Minimum area is five (5) acres; (7 -1 -97) 2. Minimum frontage of two hundred (200) feet on a public road; (7 -1 -97) 3. Swimming pools, tennis courts, recreation areas, and buildings shall be at least two hundred (200) feet from any adjacent residential zone; and 4. Setbacks for swimming pools and tennis facilities shall be fifty (50) feet from the front property line, thirty five (35) feet from the rear line, and twenty five (25) feet from each side property line in all zones. (7 -1 -97) 5. Where a community recreation facility is proposed to be converted to this use, the Planning Commission and Board of Supervisors may vary the area and setback requirements above, provided that alternative methods of protecting adjoining properties are required as conditions of the Conditional Use Permit. H. Construction Office, Temporary 1. Temporary construction offices, including trailers, may be used on construction sites provided that such structures shall be removed from the subject property within thirty (30) days of: a. The Superintendent of Inspections issuing a Certificate of Occupancy for building construction; (7 -1 -97) b. For a residential subdivision, upon completion of infrastructure and site improvements; or (7 -1 -97 98 c. The expiration of the building or zoning permit, whichever was last issued, for the property. (7 -1 -97) Upon written request, the Zoning Administrator may grant a reasonable extension of time based on extenuating circumstances related to the character and complexity of the construction project. (7 -1 -97) 1. Convenience Store 1. The following standards shall apply to all convenience stores: a. When gasoline is sold, all requirements for a gasoline station shall be met as set forth in Section 5- 5005.N., the Supplementary Use Standards for a gasoline station. b. The outdoor display of goods for sale shall be prohibited. J. Crematorium A crematorium may be permitted where indicated in the Zoning District(s) regulation(s) 1. Any crematorium shall be located at least two hundred (200) feet from any residential lot line. (7 -1 -97) 2. The proposed location is compatible with adjacent land uses, existing or proposed highways, and other elements or factors deemed to affect the public health, safety, and welfare of the inhabitants of such district. (7 -1 -97) K. Flea Market 1. The following shall apply to all flea markets: a. All areas designated and used for the display and/or sale of merchandise shall be shown on a site plan approved by the County. All such areas shall be under roof or in permanently designated areas. Use of any area not shown for such use on the approved site plan, including parking areas for incidental sales, shall constitute a violation of this ordinance. b. All outdoor areas used for the display and/or sale of merchandise shall be located seventy (70) feet from any street. Merchandise shall be removed from outdoor display areas on a daily basis, including any temporary structures used in the display or sell of the merchandise. 99 c. Regular refuse disposal shall be required and the property shall be kept free of litter, rubbish, and all other materials. 2. Any tractor trailers, shipping containers, storage buildings, and similar facilities or structures are prohibited. 3. Flea markets shall not be approved where their location would contribute to the depreciation of the business district or disrupt the stability of the business district. L. Funeral Home (as a conditional use) 1. The use of a tract or parcel of land or buildings for a funeral home may be allowed when identified in the Zoning District(s) regulation(s) as a conditional use upon a finding by the Board of Supervisors with a recommendation by the Planning Commission that: 2. The use will not create excessive noise, traffic, or type of a physical activity. 3. Special conditions, such as provisions for additional fencing or planting or other landscaping, additional setback from property lines, location, arrangement of lighting and parking areas, and other reasonable requirements deemed necessary to safeguard the general community interest and welfare, may be invoked by the Board of Supervisors with a recommendation from the Planning Commission as requisites to the granting of a conditional use. M. Garden Center A Garden Center shall comply with the following: 1. All buildings and outdoor storage areas shall be at least fifty (50) feet from any property line, except: a. Plant materials may be stored or displayed in the front yard no closer than thirty-five (35) from a street. The display of equipment, tools or bagged and bulk materials in the front yard shall be prohibited. 2. All materials stored on site that produce odors or attract pests or other vermin shall be effectively covered or otherwise managed to effectively eliminate any nuisance of such storage. 100 3. The outdoor storage of garden tools, bulk or bag materials, and similar items shall only be allowed within a fully screened storage area. N. Gasoline Station 1. The following shall be required for all Gasoline Station Uses: a. In addition to the buffer zone planting requirements of Article VIII, screening with a solid, durable, wall or a substantial, solid fence, not less than six (6) feet in height shall be provided in the buffer zone. Required buffer zone plantings shall be located between the solid screen and the adjacent properties. Such additional screening may be waived by the Board of Supervisors when the natural terrain or existing vegetation provides an effective buffer. b. Signs, product displays, parked vehicles, and other obstructions that would adversely affect visibility at any intersection or driveway shall be prohibited. c. Lighting, including permitted illuminated signs, shall be arranged so as not to reflect or cause glare in any residential zone or upon the adjacent roadway. See Article XL d. Gasoline pumps or other service appliances shall be located on the lot at least ten (10) feet behind the building line, and all service, storage, or similar activities in connection with such use shall be conducted entirely within the building. e. There shall be at least twenty (20) feet between driveways on each street and all driveways shall be perpendicular to the curb or street line. f. Light motor vehicle repair work may be done at a motor vehicle fuel and service station, provided that no major repairs, spray paint operation, or body or fender repair are permitted. g. Motor vehicles shall not be parked so as to overhang the public right -of -way. h. A motor vehicle storage lot containing no more than 3,500 square feet may be permitted for use in connection with a towing operation. Such storage shall be screened from public view as specified in Article VIII, and shall not be 101 for the storage of inoperable, unlicensed, or unregistered motor vehicles. When such use occupies a corner lot, the location of egress and ingress driveways shall be in compliance with any and all applicable standards of the Virginia Department of Transportation. Such driveways shall not exceed the applicable commercial entrance standards or requirements of the Virginia Department of Transportation. The canopy of a gasoline station shall not exceed 15 feet in height measured from the bottom of the canopy to the paved surface of the fueling lane, shall have a double pitched roof of no less than 5:12, , and shall be architecturally integrated with the principle building. k. The canopy shall utilize the same architectural elements and building materials as the principle building. In the event that a gas station is vacant for a period greater than eighteen (18) months, the County shall require the owner of record to provide suitable financial surety in an amount sufficient to remove and dispose any underground tanks plus ten percent (10 %). Absent such surety, the County may remove any such tanks and place a lien on the property including all administration costs. 0. Golf Course /Driving Range Golf courses, including Golf Driving Ranges, shall comply with the following regulations: 1. The incidental provision of food, refreshments, and entertainment for, patrons and their guests may be allowed in connection with such use, provided they do not draw an excessive amount of traffic through local residential streets, and that their provision is subordinate to the principal use. 2. All outdoor lighting shall be located, shielded, landscaped, or otherwise buffered so that no direct light shall constitute an intrusion into any residential area or adjacent streets. 3. If adjacent to single- family residential use all buildings and parking shall meet a minimum setback of one hundred (100) feet from the property line. 102 4. Adequate netting, screening, or other similar devices shall be installed around the golf ball landing area to ensure golf balls don't land beyond the subject property lines or negatively impact any adjoining structures. The Zoning Administrator shall determine the adequacy of the system used to keep golf balls within the golf ball landing area. P. Kennel, Commercial 1. General standards: b. Crematoria or land burial of animals in association with a commercial kennel shall be prohibited. 2. Additional standards in the RAC district: a. The minimum area required for a commercial kennel shall be 2 acres. Q. Marina a. Animal waste shall be disposed of in a manner acceptable to the Department of Health. b. All facilities associated directly with the commercial kennel, whether indoors or outdoors, shall be set back a minimum of 100 feet from any property Iine, and shall meet the buffer zone requirements for Miscellaneous Use Types as specified in Article VIII. c. The site shall front on and have direct access to a publicly owned and maintained street. 3. Additional standards in the GC district: a. All outdoor runs, training areas and pens associated with a commercial kennel shall be set back a minimum of 100 feet from any property line, and shall meet the buffer zone requirements for Miscellaneous Use Types as specified in Article VIII. Marinas in the RAC, RR, VC, and NC districts in existence as of the date of this ordinance may be expanded or enlarged without a Conditional Use Permit provided that all other site plan requirements are met. R. Mini Warehouse 103 A mini - warehouse may be permitted consistent with the Zoning District(s) regulation(s), provided: 1. The minimum lot size shall be three (3) acres. 2. All storage spaces shall be contained in individual enclosed stalls containing no more than four hundred (400) square feet each and no greater than ten (10) feet in height. 3. The following uses shall be prohibited: a. Auctions by tenants, commercial wholesale or retail sales, or miscellaneous or garage sales. b. The servicing, repair or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances or other similar equipment. c. The operation of power tools, spray - painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment. d. The establishment of a transfer and storage business. e. The storage or transfer of toxic, flammable, or otherwise hazardous chemicals or similar substances, highly combustible, explosive or hazardous materials regulated by local, state, or federal law. f. Residential uses (other than a resident manager's apartment) 4. Outdoor storage areas shall be used for the storage of motor vehicles, trailers, and recreational vehicles only and shall meet the Screening Zone requirements of Article VIII. 5. When adjoining properties are used or zoned for residential purposes: a. Nonstreet- facing property lines shall be improved with a solid, vinyl or wooden fence, or masonry wall along the entire length (except for approved access crossings) a minimum of six (6) feet in height, installed in addition to, and to the interior of, the required buffer zone plantings specified in Article VIII. b. In addition to the required frontage zone plantings specified in Article VIII, street - facing property lines shall 104 require a wooden fence or masonry wall along the entire length (except for approved access crossings) a minimum of six (6) feet in height. Said improvements are to be located outside any public right -of -way and interior to any required setback or frontage zone landscaping. 6. No security fencing, security gate or other obstruction to vehicle access shall be permitted in the required front yard setback or in any required buffer yard. 7. All interior driveways shall be at least twenty -six (26) feet wide when cubicles open onto one side only and at least thirty (30) feet wide when cubicles open onto both sides to accommodate loading and unloading at individual cubicles. Adequate turning radiuses shall be provided, where appropriate, for a thirty (30) foot long single unit truck or moving van. S. Motor Vehicle Dealership, New 1. General standards: a. Outdoor display areas in conjunction with automobile sales shall be constructed of the same materials required for off - street parking areas. b. The storage and/or display of motor vehicles in the required frontage zone, buffer, or planting strip along a right - of-way shall be prohibited. c. Exterior display or storage of new or used automobile parts is prohibited. d. All repair services shall take place within an enclosed structure. e. Body and fender repair services are permitted provided: The area devoted to such services does not exceed 20 percent of the floor area. ii. The repair facilities are at least 150 feet from any adjoining residential district. iii. Any spray painting takes place within a structure designed for that purpose and approved by the Department of Building Inspections. T Motor Vehicle Dealership/ Used General standards: iv. Any vehicle awaiting body repair or painting, or is missing major mechanical or body parts, or has been substantially damaged shall be placed in a storage yard. The storage yard shall be fully screened from public view and shall be set back at least 100 feet from any adjoining residential district, in addition to meeting the landscaping zone requirements of Article VIII. 1. Outdoor display areas in conjunction with automobile sales shall be constructed of the same materials required for off - street parking areas. 2, The storage and /or display of motor vehicles in the required frontage zone, buffer, or planting strip along a right -of -way shall be prohibited. 3, Exterior display or storage of new or used automobile parts is prohibited, 4. All repair services shall take place within an enclosed structure. 5. Any vehicle which is missing major mechanical or body parts or have been substantially damaged shall be placed in a storage yard. The storage yard shall be fully screened from public view and shall be set back at least 100 feet from any adjoining residential district, in addition to meeting the landscaping zone requirements of Article VIII. U. Motor Vehicle Parts /Supply, Retail General standards: 1. Exterior display or storage of new or used automobile parts is prohibited. 2. Equipment and vehicles stored overnight on the premises shall be behind the front building line or at Ieast 35 feet from the public right-of-way, whichever is greater. V. Motor Vehicle/ Rental General Standards: 106 Unless otherwise permitted and approved, the conducting of any major repairs, spray paint operation, body or fender repair, or sale of gas shall be prohibited, except that not more than one (1) gasoline pump shall be permitted, but only for the fueling of rental vehicles. 2. Vehicles shall be stored or parked in areas constructed of the same materials required for off street parking areas, and meeting the landscaping requirements for parking zones. 3. When such a use abuts a residential zone or civic use, the use shall be screened by a solid vinyl or wooden fence, or masonry wall not less than six (6) feet in height. 4. Signs, product displays, parked vehicles, and other obstructions that would adversely affect visibility at any intersection or driveway shall be prohibited. 5. Lighting, including permanent illuminated signs, shall be arranged so as not to reflect or to cause glare into any residential zone. Motor Vehicle Repair Service/ Major General standards: 1. All vehicles stored on the premises in excess of 72 hours shall be placed in a storage yard. The storage yard shall be fully screened from public view and shall be set back at least 100 feet from any adjoining residential district, in addition to meeting the landscaping zone requirements of Article VIII. 2. Body and fender repair services shall be subject to the following: a. The repair facilities are at least 150 feet from any adjoining residential district. b. Any spray painting takes place within a structure designed for that purpose and approved by the Department of Building Inspections. c. Any vehicle awaiting body repair or painting, or is missing major mechanical or body parts, or has been substantially damaged shall be placed in a storage yard. The storage yard shall be fully screened from public view and shall be set back at least 100 feet from any adjoining residential district, in addition to meeting the landscaping zone requirements of Article VIII. 107 d. Exterior display or storage of new or used automobile parts is prohibited. e. Direct access to the property shall be provided from a publicly owned and maintained road, and use of a private road in conducting this business, other than a driveway for sole use of the owner /occupant of the property, shall be prohibited. X. Motor Vehicle Repair Service/ Minor General standards: 1. Exterior display or storage of new or used automobile parts is prohibited. 2. Equipment and vehicles stored overnight on the premises shall be behind the front building line or at least thirty-five (35) feet from the public right -of -way, whichever is greater. Y. Restaurant, Drive -In Fast General Standards Such restaurants shall comply with the requirements for drive - through facilities contained in Section 5- 1004.D, Accessory Uses, and Section 10 -1013, Stacking Spaces and Drive Through facilities. 5 -5006 Supplementary Use Regulations for Industrial Use Types A. Abattoir or Livestock Processing 1. General Development Standards: a. Waste or any decomposable residue from the livestock processing or abattoir operation shall only be disposed of in strict compliance with any applicable state regulations. b. Measures shall be developed to mitigate obnoxious odors, dust, smoke, or similar nuisances. c. Any livestock processing or abattoir operation shall meet the requirements of site plan review and approval set out in Article VII. 108 d. Design, construction, and operation of the facility must meet or exceed the requirements of all current state and federal regulations. Specifically, the operation must conform to any guidelines or specifications concerning such design, construction, and operation as published or otherwise disseminated by the U.S. Department of Agriculture (7- 1 -97). 2. Livestock processing or abattoirs may be permitted in the Rural Agricultural Conservation (RAC) District subject to the following standards: a. No livestock processing or abattoirs shall be constructed or established within one -half (1/2) mile radius of any property zoned residential. b. A minimum of twenty (20) acres is required for any livestock processing or abattoir operation. If the operation includes a feedlot, the minimum area required shall be increased subject to any applicable regulations promulgated by the Virginia Department of Environmental Quality pertaining to the confinement of livestock. c, Stock pens or buildings or structures associated with the livestock processing or abattoir operation shall be at least three hundred (300) feet from any public right -of -way and must be at least five hundred (500) feet from any property line of any property not associated with the abattoir. 3. Livestock processing or abattoir operations may be permitted in the General Industrial (GI) Zoning District subject to the following standards: a. Minimum Acreage: 5 (five) b. Minimum setback: 200 feet, from the nearest property line, except that a retail sales outlet may be a minimum of seventy (70) feet from any public right -of -way. B. Asphalt Plant General standards 1. In considering a conditional use permit request for an asphalt plant, in addition to the general standards contained in Section 1 -1017 of this ordinance, the Board shall specifically consider and set standards for the following: 109 a. The maximum height of any structure and any additional setback requirements necessary to compensate for any increased height. b. Specific measures to control dust during the construction and operation of the plant. c. Specific levels of noise permitted during the daytime and nighttime operation of the plant, as measured at adjacent property Iines, and any additional requirements for the design or operation of the plant intended to reduce noise. 2. All Commercial vehicles used in conjunction with the asphalt plant shall be fully screened from the public right -of -way, from adjacent properties by masonry or concrete walls designed to be compatible with the principal building that it serves. The outdoor storage of tools, bulk or bag materials, and similar items shall only be allowed within a fully screened storage area. C. Construction Yard General Standards All materials stored on the premises overnight shall be placed in a storage yard. The storage yard shall be fully screened from public view and shall be set back at least 100 feet from any adjoining residential district, in addition to meeting the landscaping zone requirements of Article VIII. 2. In considering a conditional use permit request for a construction yard, in addition to the above standards and the general standards contained in Section 1 -1017 of this ordinance, the Board may consider and set standards for the following: a. Provisions for screening of any vehicles, equipment, materials and storage yards in accordance with Article VIII. b. The maximum height of any structure and any additional setback requirements necessary to compensate for any increased height. c. Specific measures to control dust on the site. 110 3. In the VC district, the following standards shall apply: a. The maintenance and repair of all vehicles and equipment shall be conducted within an enclosed building. D. Landfill, Industrial No site shall be developed as an industrial landfill except in the conformance with the Zoning District regulations as a conditional use. Minimum standards for an industrial landfill shall be as follows: 1. A minimum buffer two hundred (200) feet in width is required adjacent to residential districts or uses and a minimum buffer, one hundred (100) feet in width is required adjacent to public rights -of -way. 2. The additional standards required in Section 5 -5006 F. 3, below, for a Sanitary Landfill. E. Landfill, Rubble No site shall be developed as a rubble landfill and no existing rubble landfill shall be enlarged or altered except in conformance with the Zoning District(s) Regulation(s) as a conditional use. Minimum standards for a rubble landfill shall be as follows: 1. Minimum lot area of ten (10) acres shall be required. 2. A minimum buffer two hundred (200) feet in width is required adjacent to residential districts or uses and a minimum buffer, one hundred (100) feet in width is required adjacent to public rights -of -way. 3. The additional standards required in Section 5 -5006 F. 3.,below, for a Sanitary Landfill. F. Landfill, Sanitary No site shall be developed as a sanitary landfill or solid waste disposal site, and no existing sanitary landfill shall be enlarged, altered, or changed in use, except in conformance with the Zoning District regulations of this ordinance and the following provisions: 1. Minimum lot area of one - hundred (100) acres shall be required. (7 -1 -97) 2. A minimum buffer three hundred (300) feet in width is required adjacent to residential districts or uses and a minimum buffer, one fifty hundred (150) feet in width is required adjacent to public rights -of -way. 3. Additional Standards for Landfills: a. Access from paved streets is required. Said streets shall be able to withstand maximum load limits established by the Virginia Department of Transportation (VDOT), b. Access shall not be through any residential subdivision or development. c. In addition to, and to the interior of, any required buffer zone plantings, a minimum six (6) foot high solid board fence or masonry wall shall be required around all property lines adjacent to property zoned or developed for residential uses. (7 -1 -97) d. The operation of the sanitary landfill shall comply with all applicable federal, state, and county licensing, permits, and authorization. (7 -1 -97) G. Recycling Center General standards 1. Where receptacles for recyclable materials are located outside of a building, they shall be located so as to not disrupt or interfere with on -site traffic circulation, required fire lanes or required parking, loading or stacking areas. 2. Specific circulation pattern shall be established to provide safe and easy access to recycling receptacles. Adequate space shall be provided for the unloading of recyclable materials. 3. A regular schedule for picking up recycled materials shall be established and maintained. 4. The site shall be maintained free of litter. 5. Where receptacles for recyclable materials are located outside of a building, they shall be screened from public view in accordance with the Screening Zone specifications of Article VIII. H. Resource Extraction 112 When established as a conditional use, processing and removal of sand, gravel, or stone, stripping of' top soil (but not including stripping of sod), and borrow pits, shall be subject to the following standards: (7 -1 -97) 1. Exemptions a. Any operator engaging in mining and disturbing less than one (1) acre of land and removing less than five hundred (500) tons of material at any particular site is exempt from the provisions of this ordinance; providing, however, each person intending to engage in such restricted mining shall submit an application for exemption, a sketch of the mining site and an operations plan to the Zoning Administrator, who shall approve the application if he determines that the issuance of the permit shall not violate the provisions of this ordinance. (7 -1 -97) b. Excavation or grading when conducted solely in aid of on- site farming or construction. (7 -1 -97) c. Each person intending to engage in such restricted mining shall submit an application for exemption, a sketch of the mining site and an operations plan to the Zoning Administrator, who shall approve the application if he determines that the issuance of the permit shall not violate the provisions of this ordinance. (7 -1 -97) 2. Permit required It shall be unlawful for any person, firm, partnership or corporation to break or disturb the surface soil or rock in order to facilitate or accomplish the extraction or removal of minerals, ores, rock or other solid matter including any activity constituting all or part of a process for the extraction or removal of minerals, ores, rock or other solid matter so as to make them suitable for commercial, industrial, or construction use but does not include those aspects of deep mining not having significant effect on the surface without first obtaining a conditional use permit to do so from the Board of Supervisors of Isle of Wight County. Nothing herein shall apply to strip mining of coal. Such permits shall not be transferable. 3. Application and procedures 113 The application shall be signed by the operator and the landowner and when issued shall be issued in the name of the operator and shall not be transferable between operators. (7 -1- 97) The application fee shall be as prescribed in Table 3 (Fee Schedule for Zoning Applications). A permit shall be obtained prior to the start of any mining operation. If, within ten (10) days of the anniversary date of the permit, the Zoning Administrator, after inspection, is satisfied that the operation is proceeding according to the plan submitted to and approved by the Board of Supervisors, then the Zoning Administrator shall renew the permit upon payment of a renewal fee as prescribed in Table 3 (Fee Schedule for Zoning Applications).. The renewal fee is to be calculated based upon the acreage to be affected by the total operation in the next ensuing year. If the operator believes changes in his original plan are necessary or if additional land not shown as part of the approved plan of operation is to be disturbed, he shall submit an amended plan of operation, which shall be approved by the Board of Supervisors in the same manner as an original (7 -1- 97). Application for excavation permits shall be directed to the Board of Supervisors of Isle of Wight County and shall be filed with the Zoning Administrator. The application shall include the following information and attachments (7- 1 -97): a. The common name and geologic title, where applicable, of the mineral, ore or other solid matter to be extracted (7- 1 -97); b. A description of the land upon which the applicant proposes to conduct mining operations, which description shall set forth the location of its boundaries and any other description of the land to be disturbed in order that it may be located and distinguished from other lands and easily ascertainable as shown by a map attached thereto showing the amount of land to be disturbed (7- 1 -97); c. The name and address of the owner or owners of the surface of the land (7- 1 -97); d. The name and address of the owner or owners of the mineral, ore or other solid matter (7- 1 -97); 114 e. The source of the operator's legal right to enter and conduct operations on the land to be covered by the permit (7- 1 -97); f. The total number of acres of land to be covered by the permit (7- 1 -97); e. A reasonable estimate of the number of acres of land that will be disturbed by mining operations on the area to be covered by the permit during the ensuing year (7- 1 -97); f. Whether any borrow pit permits of any type are now held by the applicant and the number thereof (7- 1 -97); g. Name and address of the applicant, if an individual; the names and addresses of all partners if a partnership; the state of incorporation and the name and address of its registered agent, if a corporation; or the name and address of the trustee; if a trust (7- 1 -97); h. If known, where the applicant or any subsidiary or affiliate or any partnership, association, trust or corporation controlled by or under common control with the applicant, or any person required to be identified by subsection (3) (g) of this section, has ever had a borrow permit of any type issued under the laws of this or any other state revoked or has ever had a mining or other bond, or security deposit in lieu of bond, forfeited (7 -1- 97); i. The application for a permit shall be accompanied by two (2) copies of an accurate map or plan and meet the following requirements (7- 1 -97): i. Be prepared by a licensed engineer or licensed surveyor (7- 1 -97), ii. Identify the area to correspond with the land described in the application (7- 1 -97), iii. Show adjacent deep mining, if any, and the boundaries of surface properties, with the names of the owners of the affected area which lie within one hundred (100) feet of any part of the affected area (7- 1 -97), iv. Be drawn to a scale of four hundred (400) feet to the inch or better (7- 1 -97), v. Show the names and locations of all streams, creeks or other bodies of public water, roads, buildings, cemeteries, oil and gas wells, and the utility lines on the area affected and within five hundred (500) feet of such area (7- 1 -97), vi. Show by appropriate markings the boundaries of the area of land affected, the outcrop of the seam at the surface or deposit to be mined, and the total number of acres involved in the area of land affected (7 -1- 97), vii. Show the date on which the map was prepared, the north arrow and the quadrangle name (7- 1 -97), viii. Show the drainage plan on and away from the area of land affected, including the directional flow of water, constructed drainage ways, natural waterways used for drainage and the streams or tributaries receiving the discharge (7- 1 -97). Provide information delineating the vehicular access to be utilized by the excavation operator and a statement listing the various public streets /highways to be used as haul routes (7- 1 -97); k. Provide an erosion and sedimentation control plan designed in accordance with all applicable state and county requirements related to land disturbing activities (7- 1 -97); Provide an estimation of the total number of cubic yards to be excavated (7- 1 -97); m. Provide the proposed date on which excavation operations will commence, the proposed date on which such operation will be completed and the proposed date all required restoration measures will be completed (7- 1 -97); n. The name and address of the operator (7- 1 -97). No permit shall be issued by the Board of Supervisors until the Planning Commission and Zoning Administrator have approved the plan of operation and the bond from the applicant as hereinafter provided (7- 1 -97). 116 4. Operations plan required The application for a permit shall be accompanied by an operations plan in such form and with such accompanying material as the Zoning Administrator shall require. The operations plan shall describe the specifications for surface grading and restoration, including sketches, delineating placement of spoil, stockpiles and tailing ponds, to a surface that is suitable for the proposed subsequent use of the land after reclamation is completed. The operations plan shall include a provision for reclamation of all land estimated to be affected by the mining operation for which the permit is sought. The reclamation provision shall be in such form and contain such accompanying material as the Zoning Administrator shall require and shall state (7- 1 -97): a. The planned use to which the affected land is to be returned through reclamation (7- 1 -97); b. Proposed actions to assure suitable reclamation of the affected land for the planned use to be carried out by the applicant as an integral part of the proposed mining operation and to be conducted simultaneously insofar as practicable. The Board shall set schedules for the integration of reclamation with the mining operation according to the various individual mineral types (7- 1 -97). 5. Reclamation It shall be the policy of the Board of Supervisors to encourage adoption of productive land use, such as pasture, agricultural use, recreational areas, sanitary landfills, forestry and timberland operations, industrial and building sites, and to consider the general original contour in determining the particular reclamation program for the acreage. The Zoning Administrator may require an amendment to the operations plan to meet the exigencies of any unanticipated circumstances or event (7- 1 -97). 6. Application processing The Zoning Administrator shall transmit the application to the Planning Commission for consideration by said Planning Commission. The Planning Commission shall consider the location of the proposed excavation and the plans accompanying the application. The Planning Commission shall make its recommendation to the Board of Supervisors for 117 approval, disapproval or amendment of the application (7 -1- 97). 7. Operating and development requirements a. Setbacks for borrow pits and other excavations The edge of an excavation area for borrow pits and other purposes shall be located at least such distance as to protect adjoining property from collapse, caving or sliding, but in no event shall such excavation areas be less than two hundred (200) feet from adjoining property lines or others. The setback area shall not be used for any purpose during the period of excavation, including overburden and spoil storage, except as access and temporary topsoil storage (7- 1 -97). b. Access roads All access roads shall be constructed so as to intersect as nearly as possible at right angles with public streets and highways and no access road shall intersect any public road at any angle of less than sixty (60) degrees. Where necessary, dust control measures shall be taken (7- 1 -97). c. Roadside landscape Existing trees and ground cover along public street frontage shall be preserved for a depth of two hundred (200) feet, maintained and supplemented during the period of excavation, if deemed desirable by Board of Supervisors with a recommendation from the Planning Commission. The type, design and spacing of supplementary planting shall be approved by the Zoning Administrator. (7 -1 -97) d. Fencing/gate requirements The Zoning Administrator, as herein defined, may require the entire excavation area to be fenced with gates constructed at all entrances to be kept locked at all times when not in use. The Zoning Administrator shall determine the type of fencing and gates taking into consideration the activity to be conducted, the location of the site relative to adjoining property owners, degree of development of the surrounding area, visibility of the site as an attractive nuisance, and potential of the site for unauthorized accessibility by the public (7- 1 -97). 118 7. Restoration requirements a. Minimum slope of banks All slopes around the edge of the excavated area shall be left with a slope no less than three (3) feet horizontal to one (1) foot vertical to the bottom (7- 1 -97). b. Leveling of bottom area All excavated areas shall be left in a level state (7- 1 -97). c. Topsoil restoration and planting All areas not inundated shall be covered with topsoil and seeded, as may be required by the Zoning Administrator, upon the conditions and recommendations made by the appropriate state agencies and officials. (7 -1 -97) d. Fencing/gate requirements The Zoning Administrator, as herein defined, may require the entire excavation area to be fenced with gates constructed at all entrances to be kept locked at all times when not in use. The Zoning Administrator shall determine the type of fencing and gates taking into consideration the activity, to be conducted, the location of the site relative to adjoining property owners, degree of development of the surrounding area, visibility of the site as an attractive nuisance, and potential of the site for unauthorized accessibility by the public (7- 1 -97). 8. Bond of operator Each operator, at the time of filing the application, shall furnish bond on a form to be prescribed by the Zoning Administrator, payable to the county of Isle of Wight and conditioned that the operator shall faithfully perform all of the requirements of this ordinance and of the operations plan and reclamation plan as approved and directed by the Board of Supervisors. The amount of bond shall be ten thousand dollars ($10,000.00) per acre, based upon the number of acres of land which the operator estimates, will be affected by the mining operation in the next twelve (12) months. In addition, the Zoning Administrator may require bond in an amount necessary to complete all phases of operation and restoration/reclamation, plus ten percent (10 %) contingency, in 119 the amount recommended and endorsed by a certified engineer, licensed to practice in the Commonwealth of Virginia, and any changes to the approved bond amount would require similar estimations provided by a certified engineer. However, in no event shall such bond be less than ten thousand dollars ($10,000.00) per acre as hereinabove prescribed. Such bonds shall be executed by the operator and by a corporate surety licensed to do business in this State; provided, however, that in lieu of such bond, the operator may deposit cash, certified check, or collateral securities satisfactory to the Zoning Administrator. Upon request of the operator, the Zoning Administrator shall cause an inspection to be made of the land subject to the reclamation plan, and if he approves the reclamation of work completed by the operator, he shall order the return of the bond or other security to the operator (7- 1 -97). If the Zoning Administrator does not approve the reclamation work, he shall notify the operator immediately and advise him of what additional steps he deems necessary to satisfactorily complete the reclamation. The bond or security posted by the operator for such land shall not be refunded until he has obtained the Zoning Administrator's approval as aforesaid. If the operator does not complete the reclamation in accordance with the directions of the Zoning Administrator within ninety (90) days of such order of such Zoning Administrator, the Administrator may order a forfeiture of the bond or other security posted by the operator and have the reclamation performed with the money so received. Any funds remaining after the costs of the reclamation as aforesaid shall be returned to the operator (7- 1 -97). Within ten (10) days following the anniversary date of the permit, the operator shall post additional bond in the amount determined by the Zoning Administrator but not less than one thousand dollars ($1,000.00) per acre for each additional acre of land estimated by him to be disturbed during the next year following the anniversary date of the permit for which no bond has been previously posted by him. Bond or other security previously posted shall be released for the areas disturbed in the last twelve (12) months if reclamation work has been completed and the approval of the Zoning Administrator obtained as hereinabove provided (7- 1 -97). 9. Planning Commission and Board of Supervisors 120 Upon receipt of a reasonable plan of operation and bond prescribed hereinabove, the Zoning Administrator shall present the plan to the Planning Commission for review and the Planning Commission shall make its recommendation to the Board of Supervisors. The Board of Supervisors may issue the permit with or without conditions to insure compliance with this ordinance unless they find that the applicant has had control or has had common control with a person, partnership, association, trust or corporation which has a borrow pit permit revoked or bond or other security forfeited for failure to reclaim lands as required by the provisions of this ordinance. It shall be unlawful for any owner or owners of surface rights or the owner or owners of mineral rights to interfere with the operator in the discharge of his obligations to the county for the reclamation of land disturbed by him. If the owner or owners of surface rights or the owner or owners of mineral rights desire to conduct other mining operations on land disturbed by the operator furnishing bond hereunder, such owner or other person shall be in all respects subject to the provisions of this ordinance and the Zoning Administrator shall then release an equivalent amount of bonds to the operator originally furnishing bond on the disturbed area (7 -1- 97). 10. Application for permit; adjoining landowners In addition to all other notice requirements contained in this ordinance and otherwise required by law, all property owners located within one thousand (1,000) feet of the property line of any land proposed to be permitted shall be notified by first class mail at least ten (10) days prior to the Planning Commission's public hearing. The Zoning Administrator shall be responsible for this notification. 11. Succession of one (1) operator by another at uncompleted project Where one (1) operator succeeds another at the uncompleted operation, whether by sale, assignment, lease, merger or otherwise, the Board of Supervisors may release the first operator from all liability under this ordinance as to that particular operation; provided, however, that the successor operator has been issued a permit and has otherwise complied with the requirements of this ordinance, and the successor operator assumes, as part of his obligation under this ordinance, all liability for the reclamation of the area of land affected by the first operator. No fee, or any portion thereof, 121 paid by the first operator shall be returned to either operator. The permit fee for the successor operator for the area of land permitted by the first operator shall be as prescribed for a new application in Table 3 (Fee Schedule for Zoning Applications). The permit for the successor operator shall be valid for the remaining period left on the original permit. 12. Notice of noncompliance served on operator The Zoning Administrator may cause a notice of noncompliance to be served on the operator whenever the operator fails to obey any order by the Zoning Administrator to (7- 1 -97): a. Apply the control techniques and institute the actions approved in the operations and reclamation plan (7- 1 -97); b. Comply with any required amendments to the operations or reclamation plan; or (7 -1 -97) c. Comply with any other requirement of this ordinance (7 -1- 97). d. A copy of the notice shall be delivered to the operator or served by certified mail addressed to the operator at the permanent address shown on the application for a permit. The notice shall specify in what respects the operator has failed to obey the order of the Zoning Administrator and shall require the operator to comply with the order within a reasonable period of time as fixed by the Zoning Administrator, following service for the notice. If the operator has not complied with the requirements set forth in the notice of noncompliance within the time limits fixed therein, the Board of Supervisors shall revoke the permit and declare the forfeiture of the entire bond, which, when collected, shall be used by the County of Isle of Wight in performing reclamation under the provisions of this ordinance (7- 1 -97). 13. Additional bond to cover amended estimate of land to be disturbed If, during any operation, it is found that the operator's estimate of the amount of disturbed land for which bond or other security has been posted for reclamation is less than the actual area disturbed, the Zoning Administrator shall order the operator to file additional bond or security sufficient to cover 122 an amended estimate of land to be disturbed by such operation (7- 1 -97). 14. Life of permit All permits issued for borrow pits by the Board of Supervisors will be for a period of five (5) years from the date of issuance. Any extension of time or renewal of said permits would require new applications filed in accordance with all of the terms of this ordinance. (7 -1 -97) I. Scrap and Salvage Service A scrap materials, and salvage services may be permitted as a conditional use when consistent with the Zoning District Regulations, provided: 1. Such facilities shall be screened from view with a solid fence or wall along all property lines six (6) feet in height, except for approved access crossing and utility easements. Said fence or wall shall be located interior to any required buffer or landscape strip and shall present a finished side to the exterior property line(s) (7- 1 -97). 2. Vehicles shall not be stored or stacked so that they are visible from any adjacent properties. (7 -1 -97) Shipping Container The placement, use and storage of shipping containers shall be authorized only as follows: 1. Shipping containers used in conjunction with bona fide agricultural uses are exempt from the provisions of this part, except that shipping containers used in conjunction with bona fide agricultural uses shall: a. Not be visible from any road or adjacent residential uses. 2. Shipping containers used for any other use besides a bona fide agricultural use shall adhere to the following provisions: a. The shipping containers are used in the active transport of goods, wares or merchandise in support of a lawful principal use of the property. b. The shipping containers are placed or stored in areas depicted on an approved site plan. 123 c. Shipping containers shall not be stored in salvage yards. Furthermore, there shall be no storage of raw materials and shipping containers simultaneously on any property. d. The shipping containers must comply with development criteria relating to setbacks for principal buildings in the industrial district where permitted and landscape buffer yards. e. Shipping containers shall not be stacked to exceed a total of three (3) containers or thirty -eight feet in height, whichever is less. Stacked containers must comply with the Virginia Statewide Fire Prevention Code, as amended. f. Shipping containers shall not be visible from any property zoned or used for residential purposes g- No shipping container shall be used as a residence or to support a residential use or home occupation. h. No shipping container shall be placed on or otherwise block or restrict access to fire hydrants, fire lanes or required parking spaces. 6 -1006 Minimum Visual Buffer along the Corridor Right -of -Way A. A continuous minimum visual buffer of seventy (70) feet shall be provided between the right -of -way line of the subject arterial highway and all proposed structures, vehicular movement and parking areas. The purpose of the minimum visual buffer is: 1. To soften the appearance of structures and parking lots from the road (7- 1 -97); 2. To screen vehicular headlight glare on and off -site (7- 1 -97); 3. To lessen spillover light from on -site lighting. (7 -1 -97) 4. To retain the naturally occurring buffer vegetation for its softening effect. B. Excepting in the RAC zoning district, no existing vegetation of any type, size, or origin shall be altered or removed within the minimum visual buffer unless it satisfies the requirements of Section 6 -1007, Permitted Activity in the Minimum Visual Buffer. 124 C. This buffer shall be enhanced or created to meet the requirements of the Development Frontage Zone, as specified in Article VIII, where existing vegetation does not meet the Development Frontage Zone requirements of Article VIII. 6 -1007 Permitted Activity in the Minimum Visual Buffer A. Within the minimum visual buffer there shall be no development, clearing, grading, or construction activity with the following exceptions: 1. Roadway or driveway access to the portion of the site not in the minimum visual buffer is permitted provided that it is approximately perpendicular to the arterial public right -of- way; 2. Water, sanitary sewer, storm drainage, electrical, telephone, natural cable, and utility service lines may be installed below the surface of the ground at right angles provided that the natural vegetation is preserved and protected to the greatest extent practicable, and Frontage Zone landscaping Points requirements are met. Where such existing or proposed utility easements substantially reduce the area devoted to landscaping in the buffer below the Frontage Zone landscaping Points requirements, an additional amount of landscaping beyond the seventy (70) feet may be required; 3. Sidewalks, or other pedestrian and bicycle paths designed to provide continuous connection along the road corridor may be permitted, provided that they can be constructed without materially reducing the screening and visual softening capacity of the bufferyard; 4. Signs are permitted in accordance with Section 6 -1011 (Sign Regulations in the Highway Corridor Overlay District); 5. Clearing for sight distances is permitted at the entrances and exits to any development as needed to provide for reasonable traffic safety, in accordance with accepted traffic engineering practices recommended or required by the Virginia Department of Transportation; 6. The trimming of existing limbs or branches of preserved trees is permitted, when approved by the Zoning Administrator. B. The following cases anticipate those situations where the Development Review Committee may determine that the minimum visual buffer requirements may be reduced or removed: 125 Views and vistas of existing buildings which heighten the visual experience, serve as important points of spatial identification or contain value as important historical resources; 2. Views and vistas of existing natural landscape /topographical features of a particular area of the district which correspond to certain high points affording panoramic views, views involving settlement clusters, views of water, tidal and non -tidal wetlands, tributary streams, and other elements of the physical landscape; (7 -1 -97) 3. Views and vistas to existing recreational /open space areas, whether natural or man-made, which serve to contribute to the overall visual environment. Such uses include, but are not limited to, golfcourses, state or Iocal parks, equestrian centers, and cemeteries etc. 4. Views and vistas which give the observer an awareness of a location's inherent character related to views of farmland, pastures, and water activities, such as docks or other maritime activities. (7 -1 -97) C. Where a proposed development intends to further enhance or protect the existing visual environment, the Development Review Committee may exempt, wholly or partially, the proposed development from the required minimum visual buffer. Examples include the following: 1. A proposed development which by virtue of the characteristics of its structures indicates innovation of design, a unique relationship with the site, represents a focal point and establishes a particular identifying element for the county; (7- 1 -97) 2. A proposed development which exhibits innovative or unique uses of site landscaping, or which combines in the use of the site, open recreational areas such as described above. (7 -1 -97) 6 -1010 Architectural and Development guidelines for all non- residential uses The compatible relationship of architecture along highways within the Highway Corridor Overlay District is of critical public concern for any structures or site improvements. The purpose and intent of these architectural guidelines and development standards is not to stifle innovative architecture or development, but to assure respect for and to 126 reduce incompatible and adverse impacts on the visual experience from the highway. (7 -1 -97) A. Architectural guidelines The architectural design of structures and their materials and colors shall be visually harmonious with the overall appearance, history, and cultural heritage of Isle of Wight County, with natural land forms and existing vegetation. Specific consideration shall be given to compatibility with adjacent properties where such projects demonstrate the county's character. Design and architectural features will demonstrate consistency with the following provisions: 1. A shopping center, office complex or similar group of buildings shall be arranged in such a manner to minimize the impact of vehicle parking areas along the arterial with buildings fronting the arterial, and parking being located towards the center of the development away from the arterial. Parking in the side and rear of such sites shall be encouraged. 2. Stucco, natural wood siding, brick, stone, decorative block, cementitous siding or other materials with similar texture and appearance are considered appropriate to county character and shall be provided on all exterior elevations. Vinyl siding, flat or corrugated metal and concrete block shall not be used for exterior siding material on any building, except that vinyl siding may be used as trim material. The exterior covering material shall extend to the ground, except that when a solid brick or masonry perimeter foundation is used, exterior covering material need not extend below the top of the foundation. 3. Avoidance of long monotonous facade designs including, but not limited to, those characterized by unrelieved repetition of shape or form or by unbroken extension of line shall be avoided. Thirty percent (30 %) of the square footage of the front wall area of the walls fronting on a street shall be setback or offset at least ten (10) feet from the remaining portion of the wall area fronting on a street. 4. No building facade (whether front, side or rear) will consist of architectural materials inferior in quality, appearance, or detail to any other facade of the same building. The intent of this requirement is not to preclude the use of different materials on different buildings' facades (which would be acceptable if representative of good architectural design), but rather to preclude the use of inferior materials on sides which face 127 adjoining property and thus, might adversely impact existing or future development causing a substantial depreciation of property values. (7 -1 -97) 5. Not less than sixteen percent (16 %) of the total area of any facade visible from a public way (excluding work areas) shall consist of windows and doors. 6. Large work area doors or open bays shall not open toward or face the highway. (7 -1 -97) 7. Heating, ventilating, and air conditioning equipment, duct work, air compressors and other fixed operating machinery shall be either screened from view or located so that such items are not visible from the highway. Utility meters, above - ground tanks, satellite dishes, antennas, etc., shall be similarly treated. 8. The exterior of the foundation walls shall be of brick or masonry construction, except when the exterior wall material extends to the ground in accordance with Section 6- 1010.A.2. 9. Colors of paints and stains shall be nature - blending with generally no more than three (3) colors per building. Semi- transparent stains are recommended for application on natural wood finishes. (7 -1 -97) 10. Entryways and landings visible from public areas should be covered by a roof that is an integrated and compatible component to the roof and architectural treatment of the main structure. 11. Fencing along the highway right -of -way is discouraged, but if used, such fencing shall be landscaped to minimize visibility from the highway or be of a style which is harmonious with the rural, agricultural and historical character of the county. Chain link fences shall be prohibited. B. Development standards Proposed development within the district should provide for visual compatibility and harmony with surrounding natural land forms and vegetation; be protective of views and vistas from the arterial highways within the district; and provide continuity of site design within the proposed development. These objectives include the following standards: 1. Earth moving, fill, grading, clearing of property, and the removal of trees and vegetation shall be the minimum 128 necessary to provide for the use. In particular, activities that could cause disruption of natural watercourses or disfiguration of natural land -forms are prohibited. 2. Proposed development shall be located and configured in a visually harmonious manner with the terrain and vegetation of the parcel and surrounding parcels. Structures shall not impede scenic views from the main highway or from existing structures and the natural environment. 3. Structures shall not dominate, by excessive or inappropriate height or mass, any general development, adjacent building, or natural landscape in an incompatible manner. (7 -1 -97) 4. Architectural lighting shall be recessed under roof overhangs or generated from concealed source, low level light fixtures. (7 -1 -97) 5. Lighting shall be installed in accordance with Article XI (Outdoor Lighting Requirements and Restrictions) and shall be arranged to shine inward so that it does not reflect onto adjacent properties or impair the safe movement of traffic. 6. Vehicular movement and parking areas requiring five (5) spaces or more shall be paved with concrete, asphalt, or other similar material. Vehicular movement and parking areas requiring less than five (5) spaces may be surfaced with gravel or other similar material but must be served by paved entrances meeting Virginia Department of Transportation standards. Concrete curb and gutter or other stormwater management structure as approved by the Zoning Administrator shall be installed around the perimeter of all driveways and parking areas. Drainage shall be designed so as not to interfere with pedestrian traffic. 7. Outdoor storage and display areas shall be as permitted by the underlying zoning district in the side and rear yards only, provided that all outdoor storage and display areas shall be visually screened from public rights -of -way, internal roadways, and adjacent property using the Screening Zone standards found in Article VIII. 8. Loading areas shall be permitted only in the side or rear yards and shall be visually screened from public rights -of -way, and adjacent property using the Screening Zone standards found in Article VIII. 129 9. Large trash receptacles, dumpsters and recycling bins, must be completely screened from view of the street and any adjoining lot using the Screening Zone standards found in Article VIII. 10. Screening, when required, shall be installed in accordance with the Screening Zone standards of Article VIII and shall be depicted on the landscaping plan. 11. Site development should include streetscape improvements. These improvements are considered as those architectural or functional facilities or structures that occur on site but are not part of the building and that encourage and facilitate human interaction with the built environment. Examples include, but are not limited to the following: decorative light fixtures, fountains, sculptures, benches and tables, planters, retaining walls, pedestrian and bicycle paths, bicycle parking structures, trash receptacles and enclosures, vendor areas, and fences. The following streetscape improvements are required: a. A customized entrance at the entry street intersecting the arterial or collector which features a waterfall, sculpture, monument, signage, ornamental landscaping, specialty pavement, enhanced fence wall details, or boulevard median. b. Sidewalks, or other pedestrian and bicycle paths, including picnic and rest areas, as appropriate. These improvements shall be designed to be consistent with all requirements listed above, and shall be reviewed for aesthetic functionality and compatibility with county character. (7 -1 -97) 12. To the greatest extent possible; stormwater management structures and facilities shall be placed outside of the landscaping zones identified in Article VIII. When placement of stormwater management structures and facilities in a landscaping zone is demonstrated as unavoidable by the applicant, and approved by the Development Review Committee, and is not prohibited elsewhere in this Ordinance, such structure or facility shall be landscaped in a naturalized pattern utilizing native species and the landscaping Points required for the area encompassed by the stormwater management structure or facility shall be disbursed throughout the remaining area of the landscaping zone. 13. Crime Prevention Through Environmental Design (CPTED) principles should be incorporated into site design to maximize public safety through effective design of buildings, parking 130 lots and public spaces. Principles include territoriality, surveillance, and access control. 6 -1011 Sign Regulations in Highway Corridor Overlay (HCO) District It is the intent of the Highway Corridor Overlay District to regulate the use of publicly visible displays or graphics to protect and enhance the character of these arterial highways and surrounding areas, prevent diminishing property values, safeguard the public use and nature of these arterial highways, and minimize visual distractions to motorists along these arterial highways. A. Signage shall be permitted in accordance with the requirements of the underlying zoning district and shall comply with the provisions of Article IX. 1. Applicants for new or replacement signs in the district shall apply to the Zoning Administrator for review at the time of development plan review or as a separate submittal. (7 -1 -97) 2. The sign plan shall be comprehensive and shall include the location and size of all proposed sign or signs within the development as well as proposed colors, sizes, lighting, location, etc. (7 -1 -97) 3. Portable signs and off premises signs shall be prohibited in the district. B. Sign design standards The following standards shall apply to all signs within the district: 1. A unified system of signage and graphics shall be required for each individual development within the Highway Corridor Overlay District. The establishment of an integrated signage system for existing development within the district is strongly encouraged. (7 -1 -97) 2. These systems shall be reviewed for materials, colors, shapes, sizes, compatibility within architecture, letter style, graphic display, and establishment of unity of design for the development. (7 -1 -97) 3. Materials, colors, and shapes of proposed signs shall be compatible with the related building(s). Size and proportions shall not be a dominant feature of the site and shall be judged by sizes and proportions of signs on adjacent and nearby properties that are compatible with county character. (7 -1 -97) 131 4. Freestanding, detached signs shall be encased within a structure that is architecturally related to and compatible with the main building(s) and overall architectural design of the development. (7 -1 -97) C. Illumination standards The following sign illumination standards shall apply to all signs within the district: External lighting shall be limited to light fixtures utilizing white, not colored, lighting and shall not be blinking, fluctuating, or moving. External lighting shall be provided by concealed and/or screened spotlight(s) or floodlight(s). 2. Internal illumination shall be limited to an internal white light contained within translucent letters and internal illuminated sign boxes, provided the background or field on which the copy and/or logos are placed, is opaque. The area illuminated is restricted to the sign face only. (7 -1 -97) 6 -2000 Newport Development Service Overlay (NDs0) District 6 -2005 Minimum Visual Buffer along the Rights -of -Way of Arterial Highways within the District A. A continuous minimum visual buffer of seventy (70) feet shall be provided between the right -of -way line of any arterial highway within the District and all proposed structures, vehicular movement and parking areas. For purposes of this section, arterial highways within the District shall be: 1. United States Highway Route 17 2. United States Highway Route 10 3. Unites States Highway Route 32 & 258 B. The purpose of the minimum visual buffer is: 1. To soften the appearance of structures and parking lots from the road; 2. To screen vehicular headlight glare on and off -site; 3. To lessen spillover light from on -site lighting. 132 4. To retain the naturally occurring buffer vegetation intact for its softening effect. C. Except in the RAC zoning district, no existing vegetation of any type, size, or origin shall be altered or removed within the minimum visual buffer unless it satisfies the requirements of Section 6 -2006, Permitted Activity in the Minimum Visual Buffer. D. This buffer shall be enhanced or created, where such vegetation does not sufficiently satisfy the standards set forth in Article VIII for the Development Frontage Zone. 6 -2006 Permitted Activity in the Minimum Visual Buffer A. Within the minimum visual buffer there shall be no development, clearing, grading, or construction activity with the following exceptions: 1. Roadway or driveway access to the portion of the site not in the minimum visual buffer is permitted provided that it is approximately perpendicular to the arterial public right -of- way; 2. Water, sanitary sewer, storm drainage, electrical, telephone, natural cable, and utility service lines may be installed below the surface of the ground at right angles, provided that the natural vegetation is preserved and protected to the greatest extent practicable, and Frontage Zone landscaping Points requirements are met. 3. Sidewalks, pedestrian pathways and bicycle paths designed to provide continuous connection along the road corridor may be permitted, provided that they can be constructed without materially reducing the screening and visual softening capacity of the bufferyard; 4. Signs are permitted in accordance with Article IX. 5. Clearing for sight distances is permitted at the entrances and exits to any development as needed to provide for traffic safety, in accordance with accepted traffic engineering practices recommended or required by the Virginia Department of Transportation; 6. The trimming of existing limbs or branches of preserved trees is permitted when approved by the Zoning Administrator B. The following cases anticipate those situations where the Development Review Committee may determine that the minimum visual buffer requirements may be reduced or removed: Views and vistas of existing buildings which heighten the visual experience serve as important points of spatial identification or contain value as important historical resources; 2. Views and vistas of existing natural landscape /topographical features of a particular area of the district which correspond to certain high points affording panoramic views, views involving existing patterns of development, views of water, tidal and non -tidal wetlands, tributary streams, and other elements of the physical landscape; 3. Views and vistas to existing recreational /open space areas, whether natural or man -made, which serve to contribute to the overall visual environment. Such uses include, but are not limited to, golf courses, state or local parks, equestrian centers, cemeteries; 4. Views and vistas which give the observer an awareness of a location's inherent character related to views of farmland, pastures, and water activities, such as docks or other maritime activities. C. Where a proposed development intends to further enhance or protect the existing visual environment, the Development Review Committee may exempt, wholly or partially, the proposed development from the required minimum visual buffer. Examples include the following: A proposed development, which by virtue of the characteristics of its structures, indicates innovation of design, a unique relationship with the site, represents a focal point and establishes a particular identifying element for the County; 2. A proposed development, which exhibits innovative or unique uses of site landscaping, or which combines in the use of the site, open recreational areas such as described above. 6 -2007 Yard and Height Requirements A. Yard requirements 1. All parcels in the Newport Development Service Overlay District along arterial highways, as designated in Section 6- 134 2005, Minimum Visual Buffer along the Rights -of -Way of Arterial Highways, within the District, shall comply with the following setbacks: Front yard: Side yard: Rear yard: 70 feet 20 feet 30 feet 2. All lots not located along arterial highways, as designated in Section 6 -2005, Minimum Visual Buffer along the Rights -of- Way of Arterial Highways within the District, shall follow the yard requirements as designated by the underlying zoning district; however, no structures, vehicle parking or vehicular movement areas, other than to provide perpendicular access to the site, shall be permitted in the setback. B. Height requirements The maximum height of all structures shall be as permitted by the underlying zoning district(s). 6 -2008 Access and internal circulation The purpose and intent of this section is to maximize the functional capacity and maintain the level of service of highways within the Newport Development Service Overlay District; to minimize the number of access points to arterials and other public rights -of -way within the district; to promote the sharing of access and the ability to travel between sites; to provide vehicular, pedestrian and bicycle circulation networks among residential, commercial, office, civic, and recreational areas; and, to enhance safety and convenience for land uses within the district. A. Access to arterial highways Access from any parcel or lot having frontage along an arterial highway within the district and in existence prior to November 5, 1992 shall be permitted one (1) direct access point to said highway, unless an access plan is submitted and approved by the Zoning Administrator and the Virginia Department of Transportation for more than one (1) access point as provided for in subsection (G) of this section. B. Access for two (2) or more Tots under singular ownership. If two (2) or more adjacent parcels are placed under one (1) common ownership and /or control, such assembly shall be permitted only one (1) direct access to the arterial highway within 135 the district, unless an access plan is submitted to, and approved by the Zoning Administrator and the Virginia Department of Transportation for more than one (1) access point. C. Access from lots or parcels not permitted direct access. Direct access to arterial highways shall be provided by one (1) or more of the following means for lots or parcels not permitted direct access to the arterial, subject to approval by the Zoning Administrator and the Virginia Department of Transportation: Access to the site may be provided by an existing or planned public road perpendicular to the arterial highway; and/or, 2. Access to the site may be provided via the internal circulation of a shopping center, an office complex, or similar group of buildings having access in accordance with an approved access plan; and no additional direct access shall be provided to the site from a public street intended to carry through traffic over and above those entrances which may exist to provide access to the shopping center, office complex, or similar group of buildings; and /or, 3. Controlled access to the site may be provided by a service drive generally parallel with the arterial highway, but located behind the minimum visual bufferyard as defined in Section 6- 2005, Minimum Visual Buffer Along the Rights -of -Way of Arterial Highways within the District. 4. Access to the site may be provided by the use of reverse frontage or double frontage lot layouts on parallel streets. All minimum visual buffers shall be maintained as required by Section 6 -2005, Minimum Visual Buffer Along the Rights -of- Way of Arterial Highways within the District 5. Access to the site may be provided by the use of shared entrances with those established or likely to be required on adjacent sites to minimize curb -cuts or increase spacing between curb -cuts. 6. Access to the site may be provided by the use of deceleration or turning lanes where access must be from the arterial highway with sufficient capacity to avoid stacking or queuing of entering vehicles on the arterial highway. The means of access control provided shall be that which effectively minimizes creation of new intersections and new individual site access locations along the corridors within the 136 Newport Development Service Overlay District and best preserves highway traffic capacity. D. Traffic impact analysis A traffic impact analysis shall be submitted to, and approved by the Zoning Administrator under the following circumstances: 1. Any proposed development which will generate two- hundred (200) average daily trips (ADT) or more based on vehicular trip generation rates as defined by the Institute of Transportation Engineers' publication, Trip Generation, or the Virginia Department of Transportation. 2. At the request of the Zoning Administrator, when the proposed development is expected to significantly impact the vehicular movement on streets within the District. The traffic impact analysis indicating the cumulative effect of the proposed development to traffic and road use in the immediate surrounding area for the arterial roads and all secondary roads between the arterial roads that would serve to provide access to the development. The traffic impact analysis shall include the cumulative effect. E. Internal circulation Sites shall be designed to achieve direct and convenient vehicular, pedestrian and bicycle connections in a single development project. F. Future Transit Stops Area for future transit stop(s) shall be reserved, particularly near large employers. Instances where such transit stops may be appropriate is mixed use development, office parks, multifamily development, and shopping centers. G. Access plan An access plan shall be submitted and approved prior to development plan approval for those lots or parcels which will generate two hundred (200) average daily trips (ADT) or more, or those proposing more than one (1) access point to an arterial highway as governed by the provisions of this section. Such access plan shall be drawn to scale, including dimensions and distances, and clearly delineate the traffic circulation system and the pedestrian and bicycle circulation system as coordinated with adjacent properties including the location and width of all streets, 137 driveways, parking aisles, and entrances to parking areas, walkways and bicycle paths. This plan shall also show the internal circulation of vehicles, bicycles and pedestrian pathways within the development. The location of future transit stops shall also be shown within the access plan. 6 -2009 Development standards Proposed development within the district shall provide for visual compatibility and harmony with surrounding natural land forms and vegetation; be protective of views and vistas from arterial highways within the district; and provide continuity of site design within the proposed development. These objectives include the following standards: A. Earth moving, fill, grading, clearing of property, and the removal of trees and vegetation shall be the minimum necessary to provide for the use. In particular, activities that could cause disruption of natural watercourses or disfiguration of natural land forms are prohibited. B. Proposed development shall be located and configured in a visually harmonious manner with the terrain and vegetation of the parcel and surrounding parcels. Structures shall not impede scenic views from the highway or from existing structures and the natural environment. C. Structures shall not dominate, by excessive or inappropriate height or mass, any general development, adjacent building, or natural landscape in an incompatible manner. F. Lighting shall be installed in accordance with Article XI and shall be arranged to shine inward so that it does not reflect onto adjacent properties or impair the safe movement of traffic. G. All vehicular movement and parking areas shall be paved with concrete, asphalt, or other similar material. 1. Parking shall be encouraged to be located to the side or rear of a structure. H. Concrete curb and gutter or other stormwater management structures as approved by the Zoning Administrator shall be installed around the perimeter of all driveways and parking areas. Drainage shall be designed so as not to interfere with pedestrian and bicycle traffic. 138 To the greatest extent possible; stormwater management structures and facilities shall be placed outside of the landscaping zones identified in Article VIII. When placement of stormwater management structures and facilities in a landscaping zone is demonstrated as unavoidable by the applicant, and approved by the Development Review Committee, and is not prohibited elsewhere in this Ordinance, such structure or facility shall be landscaped in a naturalized pattern utilizing native species and the landscaping Points required for the area encompassed by the stormwater management structure or facility shall be disbursed throughout the remaining area of the landscaping zone. J. Crime Prevention Through Environmental Design (CPTED) principles should be incorporated into site design to maximize public safety through effective design of buildings, parking lots and public spaces. Principles include territoriality, surveillance, and access control. K. A shopping center, office complex or similar group of buildings shall be arranged in such a manner to minimize the impact of vehicle parking areas along the arterial with buildings fronting the arterial, and parking being located in the center of the development away from the roadway. L. Community and Public Spaces 1. Each non - residential establishment subject to these standards shall contribute to the establishment or enhancement of community and public spaces by providing at least two of the following within the development: a. Patio /seating area; b. Pedestrian plaza with benches; c. Open Space (This is not calculated in open space ratio required for the lot); d. Kiosk/public message board area; e. Water feature; f. Sculpture or public art; or g. Other such amenities, as may be determined by the Zoning Administrator, that creates such community and public spaces. 2. Any such areas shall have direct access to the public sidewalk network and such features shall not be constructed of materials that are inferior to the principal buildings and site design. M. Connecting Uses 139 Pedestrian pathways and bicycle pathways shall be provided connecting buildings within a development including outparcels and to adjacent developments and neighborhoods. 2. Integrated and consistent site design shall be provided between outparcel buildings and main buildings within a development including landscape amenities and architectural design. 3. Site development shall include streetscape improvements. These improvements are considered as those architectural or functional facilities or structures that occur on site but are not part of the building and that encourage and facilitate human interaction with the built environment. N. Sidewalks Examples include, but are not limited to the following: decorative light fixtures, fountains, sculptures, benches and tables, planters, retaining walls, pedestrian and bicycle paths, bicycle parking structures, trash receptacles and enclosures, a designated vending machine area, and fences. The following streetscape improvements are required: a. A customized entrance at the entry street intersecting the arterial or collector which features a waterfall, sculpture, monument, special landscaping, specialty pavement, enhanced fence wall details, or boulevard median. These improvements shall be designed to be consistent with all requirements listed above, and shall be reviewed for function and compatibility with district character. Sidewalks, no less than ten (10) feet in width, shall be provided along the full length of the building along any facade featuring a customer entrance, and along any facade abutting public parking areas. Sidewalks shall provide weather protection features such as awning or arcades within fifteen (15) feet of all customer entrances, parallel to the building and at least six (6) feet deep over the sidewalk 0. Pedestrian and Bike Pathways 1. The purpose of this system is to provide for non - vehicular traffic along major corridors and between major destinations, with emphasis on connecting residential areas to schools, recreation areas, and activity centers. 2. Pedestrian and Bike Pathways shall include the following: 140 Q. Screening a. Provide connections for, within and between developments for pedestrian and bike traffic. b. Provide facilities to store or lock bicycles at appropriate sties. Including, but not limited to schools, recreation areas, office parks, public institutions, and activity center focuses. c. Develop the proposed bike pathway system in a manner that links to existing and proposed neighborhoods, park lands, conservation areas, scenic landscapes and historic /cultural sites in accordance with the goals and objectives of the Comprehensive Plan. P. Pedestrian Walkways for shopping centers and retail establishments with a square footage greater than 25,000 1. Continuous internal pedestrian walkways, no less than 8 feet in width, shall be provided from the public sidewalk or right-of- way to the principal customer entrance of all principal buildings on the site. At a minimum, walkways shall connect focal points of pedestrian activity such as, but not limited to transit stops, street crossings, building and store entry points, and shall feature adjoining landscaped areas that include trees, shrubs, beds, ground covers, or other such materials for no less than 50 percent of its length. 2. Crosswalks at busy intersections, between major pedestrian destinations, between shopping centers and their parking, shall employ techniques to signal a pedestrian zone both to the motor vehicle and the pedestrian. These techniques include: a. Crosswalks that are slightly raised; b. The use of durable, low maintenance surface materials such as pavers, bricks, or scored concrete to enhance pedestrian safety and comfort that are distinguishable from driving surfaces; and c. Bulb -out corners that reduce the length of the crosswalk for the pedestrian. 1. Mechanical equipment, including, but not limited to heating, ventilating, and air conditioning equipment, duct work, air compressors, utility meters, above - ground tanks, satellite 141 dishes, antennas, whether ground -level or rooftop, shall be shielded and screened from view of adjacent properties and public rights -of -way and designed to be perceived as an integral part of the building. Screening can most often be accomplished through increased parapet heights or mansard roof parapet design. 2. Ground -level equipment immediately adjacent to the building should be screened with walls matching the building. 3. Areas for delivery area doors, open bays or truck parking shall not be visible from abutting streets. 4. Outdoor storage shall be as permitted by the underlying zoning district in the side and rear yards only, provided that all outdoor storage areas shall be visually screened from public rights -of -way, internal roadway, and adjacent property. Outdoor storage shall include the parking of all commercial vehicles. 5. No areas for outdoor storage, trash collection or compaction, shall be located within 20 feet of any public street, public sidewalk, or internal pedestrian way. They shall be screened from adjacent properties and public rights -of -way by a masonry wall designed to be compatible with the principal building that it serves. If the waste storage area is more than one hundred (100) feet away from the property line, it may be screened by a masonry wall, dense evergreen planting or architectural feature. 6. Loading areas shall be completely screened from view with berms, buildings, and/or durable architectural walls to match the building in which it serves. Loading areas shall be permitted only in the side and rear yards and shall be visually screened from pubic rights -of -way, and adjacent property, except that suitable provisions for access to loading areas may be allowed. R. Signs are permitted in accordance with Article IX. 7 -2002 Residential Plot Plan A. A residential plot plan, in compliance with the following, shall be submitted for the construction or location of all new single - family detached dwellings or two - family dwellings on an existing or platted lot: 1. For sites located outside of the Chesapeake Bay Watershed: 142 a. The latest survey of the property prepared by a licensed surveyor or engineer. For lots greater than 5 acres in size or lots for which no recent survey is available, a copy of the tax map may be provided, subject to the approval of the Zoning Administrator. b. The specific location and foot print of all existing and proposed structures on the property shall be drawn to scale, including accurate distances from all property lines and shall be signed by the owner /applicant. c. The location of existing or proposed well and septic system shall be accurately shown on the plot plan. d. The Points value and location of installation for all required landscaping Points and/or Credits in accordance with Article VIII. e. The plot plan shall show all Erosion and Sediment control measures on the site (construction entrance, silt screening, etc.) necessary to prevent sediment from leaving the construction area. Such measures shall be specific to the drainage on the site. f. Properties which include areas designated as Flood Hazard areas shall be required to submit documentation from a licensed surveyor as to the location and elevation of the proposed structure in relationship to the base flood elevation. g. Copies of all other permits from state or federal agencies shall be submitted with the plot plan. h. The name and address of the owner of record and the tax map number shall be shown on all documents submitted. 2. For all sites located within the Chesapeake Bay Watershed: a. All plans and documentation shall be prepared and sealed by a licensed surveyor, engineer or landscape architect that is otherwise qualified by law to prepare such plans. b. A boundary line and building location survey of all existing and proposed buildings shall be submitted at a scale acceptable to the Zoning Administrator. For sites greater than 5 acres, a separate boundary line survey (the latest available) and building site survey may be 143 submitted, subject to approval of the Zoning Administrator, provided that the information is sufficiently clear in identifying the exact location of all buildings and other required features of the plot plan. c. The exact location of all existing and proposed structures and significant site improvements (driveways, retaining walls, etc.) on the property shall be shown, including accurate distances from all property lines. d. The Points value and location of installation for all required landscaping Points and /or Credits in accordance with Article VIII. e. The location of existing or proposed well and septic system and reserve drainfield shall be accurately shown on the plot plan. g. The plot plan shall show all Erosion and Sediment control measures on the site (construction entrance, silt screening, etc.) necessary to prevent sediment from leaving the construction area. Such measures shall be specific to the drainage on the site. The plot plan shall show the limits of clearing for the construction project. In addition, any trees greater than eight inches within the limits of clearing shall be noted on the plot plan. h. The finished floor elevation of all habitable structures shall be indicated on the plot plan. Properties which include areas designated as Flood Hazard areas shall be required to delineate the limits of the flood plain as shown on the Flood Insurance Rate Maps and shall otherwise document the location and elevation of the proposed structure in relationship to the base flood elevation. Copies of all other permits from state or federal agencies shall be submitted with the plot plan. k. The name and address of the owner of record, and the tax map number shall be shown on all documents submitted. 1. Impervious Surface Calculations. m. Responsible Land Disturber Certification. 144 3. For sites that contain an area designated as a Resource Protection Area as determined by the County: a. The plot plan shall meet all of the criteria identified under 2. above. In addition, the following information shall be shown or provided as part of the application: i. The topography of the site shall be provided at no less than two -foot contour intervals and preferably at one -foot intervals. ii. The Resource Protection Area shall be accurately shown including all water features identified in the County's Chesapeake Bay Preservation Area Ordinance and the required one - hundred foot buffer. The exact source of the information used in the delineation shall be noted on the site plan, including the names of any other consulting firms used in determining the limits of all tidal and non -tidal wetlands, where present. iii. Where a buffer of less than one - hundred feet is proposed, a Water Quality Impact Assessment shall be prepared and submitted as part of the application. iv. Where best management practices (BMP's) are proposed, the exact location of such BMP's shall be shown in addition to any design details and notations necessary to insure the installation of such features. v. All landscaping proposed in compliance with the Chesapeake Bay Preservation Area Ordinance shall be shown on the plot plan. B. The items listed above are determined to be the minimum standards necessary to insure compliance with the County's Ordinances and regulations. Additional information may be required, when in the opinion of the Zoning Administrator, the parcel, site or proposed construction project requires such information. In addition, the Zoning Administrator shall have the authority to waive or modify the requirements above, only where the documentation otherwise provided is sufficient to determine compliance. C. The Zoning Administrator shall have approval authority over all residential plot plans. 145 At the time of submittal, an initial determination shall be made as to whether the residential plot plan is complete. If the plan is complete and is found to be in compliance with the requirements of this ordinance, the plan may be approved and a zoning permit issued upon payment of the required fees. 2. Additional review time may be required if the site contains or is in close proximity to sensitive land areas such as flood plain, steep slopes, or resource protection areas; or if the proposed development will exceed the maximum impervious coverage ratio; or as may be deemed necessary by the Zoning Administrator. In the event additional review time is required, the applicant shall be notified in writing of the additional requirements for approval or reasons for disapproval within ten (10) working days of the submittal date. 7 -2003 Simplified Site Plan A. A simplified site plan shall be submitted for a change or expansion of a commercial, civic, office or industrial use on an existing site, unless: 1. The sale or storage of gasoline or hazardous materials is involved as part of the use; or 2. Such change involves a change from one (1) principal use category to another. The principal use categories shall be agricultural, residential, civic, office, commercial, industrial, and miscellaneous; or 3. Such change or expansion will require additional parking or off - street loading under the requirements of this ordinance; or 4. In the case of an expansion, the expansion exceeds twenty -five percent (25 %) or twenty-five hundred (2500) square feet of the floor area of the existing building or of the area occupied by the use, whichever is less; or 5. An additional ingress /egress, change in ingress /egress, or additional public improvements are required by the provisions of this ordinance; or 6. A non- residential structure has remained unoccupied for more than two (2) years, or in the case of a shopping center, fifty percent (50 %) of the units are vacant for more than two (2) years; or 7. The scope of the proposed change or expansion is of such nature that the provisions for the handling of natural and storm 146 water, erosion and sediment control, and best management practices cannot be adequately addressed with a simplified site plan. B. A simplified site plan shall contain the following information: 1. Boundary drawing of the lot or area involved; 2. Present record owner of the property; (7 -1 -97) 3. Vicinity map; (7 -1 -97) 4. Location and size of the existing vehicular entrance to the site; 5. Location of public water and/or sewer or on -site sewage facilities; 6. Location, dimensions, height, and setbacks of all existing and proposed buildings; (7 -1 -97) 7. Location of existing vehicular movement and parking areas, and the number of existing parking spaces; 8. Proposed use of structural addition; 9. Location of any existing required on -site drainage improvements or best management practices 10.Location of all required landscaping; or significant trees in accordance with the requirements of Article VIII. 11.Impervious coverage calculations; 12.Building coverage calculations; 13.Zoning of adjacent parcels; and 14. Any other information deemed appropriate or necessary by the Zoning Administrator to establish compliance with this or any other ordinances. (7 -1 -97) C. The Zoning Administrator shall have approval authority over all simplified site plans. 1. An initial determination shall be made as to whether the simplified site plan is complete. In the event it is not complete, it shall be returned to the applicant with a written description 147 8 -1001 Purpose 2. Once a simplified site plan is determined to be complete, the plan shall be reviewed for compliance with the ordinance. Where revisions are determined to be necessary, the applicant shall be notified in writing within thirty (30) days of the submittal date of a complete plan. If no revisions are necessary, the applicant shall be notified in writing of plan's approval within the same thirty (30) day period. Approval may be contingent upon the posting of any required surety, and other relevant requirements as may be determined by the Zoning Administrator. 8 -1000 Landscaping and Screening Standards The purpose of this section is to establish minimum design standards and specifications for any site landscaping as may be required by this ordinance and as recommended by the Comprehensive Plan. These standards and specifications are to promote the appearance, character, and economic value of the built environment; to reduce and soften the visibility of paved areas and structures from adjacent properties and public rights -of -way; to moderate climatic effects and improve energy efficiency; and to minimize noise and glare. (7- 1 -97). Where extensive natural tree cover and vegetation does not exist, environmentally sensitive landscaping shall be provided to enhance the appearance of the development, aid in erosion control and stormwater management, provide protection from wind and sun, screen streets and parking areas, and enhance the privacy of dwelling units. (7- 1 -97). 8 -1002 Landscape Plan A. Landscape plan required of the deficiencies within fifteen (15) working days of the submittal date. 1. A landscape plan shall be prepared for any development project required to provide landscaping or any similar site treatment by this ordinance. Such landscaping plans shall be in accordance with the purpose stated in Section 8 -1001 and integrated into the overall site or development plan for which approval is being sought pursuant to this ordinance. (7 -1 -97) 2. No new parking areas shall hereafter be constructed or used unless landscaping is provided as required by the provisions of this article. (7 -1 -97) B. Contents of landscape plan A landscape plan shall be submitted to the Zoning Administrator for review and shall include clearly labeled plans, drawings, photographs and/or 148 narratives depicting or presenting the following, unless deemed unnecessary by the Zoning Administrator such as in the case of a simplified site plan: 1. Landscape plans shall be prepared and /or certified by a site design professional licensed by the Commonwealth of Virginia. (7 -1 -97) 2. Location and identification by size and name, both common and botanical, of all mature, heritage, or significant trees as defined in Section 2- 1001, on the site. In wooded areas, the delineation of the existing vegetation on the site prior to land disturbing activities associated with the development and the proposed limits of clearing of such areas may be shown in lieu of indicating individual trees. However, any mature, heritage, or significant tree within wooded areas to be cleared shall be individually located and identified by size and name, both botanical and common, and justification provided as to need for removal. 3. Location, dimensions and area of all required landscaping zones and elements. 4. Location of areas proposed to be fenced, walled, or otherwise screened through the use of architectural, or earthen forms, or any other landscaping methods including notes and details to describe fully the methods, dimensions, and materials proposed. (7 -1 -97) 5. Location, height, width or caliper (whichever is more appropriate at planting time), type and name (common and botanical), of all landscaping materials including materials to be retained on -site and seasonal replacements proposed for installation. All new materials shall be presented in a "planting schedule" providing the aforementioned information and proposed quantities to be installed, along with the landscaping Points values associated with each installation, as specified in Section 8 -1004. (7 -1 -97) 6. Appropriate details and notes indicating the methods to be utilized to protect trees and plant materials remaining on site from damage, both during and after development of the site. (7 -1 -97) 7. Notations stating the responsible party for the perpetual maintenance of all landscaping features to be preserved or installed on the site in accordance with the requirements of this article. 8. A schedule or table of the calculation of the landscaping Points and landscaping Credits for each landscaping zone, and the Landscaping Plan in total, based on the values set by this Article. 9. A certified Canopy Coverage Plan illustrating the projected parking area canopy coverage and including calculation of the canopy coverage percentage. 149 8 -1003 Landscaping and Screening Requirements and Design Guidelines A. Overall Site Design The following overall site layout and design standards shall apply to all landscaping plans: 1. Landscaping design and planning are to be integrated within the overall site design. 2. Natural appearing landscape forms are strongly encouraged. Straight rows of plantings are discouraged and trees, shrubs, flower beds, and other material types shall be interspersed with one another. 3. Landscape materials and designs are to be appropriate for the specific characteristics of the site. (7 -1 -97) 4. Native plants, as identified by the Virginia Department of Conservation and Recreation (DCR), and materials indigenous to the region are desirable and are encouraged, particularly because of their adaptation to local climate, disease resistance, soils, hydrology, and adverse weather conditions. (7 -1 -97) 5. Invasive species, as identified by the Virginia Department of Conservation and Recreation (DCR), shall be prohibited. 6. Landscape plantings located within the sight triangle of roadway or driveway intersections shall conform to Virginia Department of Transportation (VDOT) guidelines for height. 7. Landscaped areas shall require protection from vehicular encroachment by such means as, but not limited to, wheel stops, concrete or bituminous curbs, or decorative walls or fencing. 8. No more than twenty -five percent (25 %) of the required trees or shrubs in a single landscaping zone shall be of a single species. This subsection shall not apply to existing trees preserved on the site or to single- family residential lots which are regulated by Section 8- 1005F. 9. Existing and viable trees and areas of significant vegetation are to be preserved and protected, in accordance with Section 8 -1009. Existing shrubs and trees which are suitable for use in required landscaping zones shall be preserved and used to the maximum extent practicable. In no case shall any viable, mature, heritage, or significant tree eight (8) inches or more in diameter measured at breast height (four and one -half (4 '/) feet from ground level) be removed from any landscaping zone except to accommodate necessary entrances, utility easements, or where such preservation would 150 create or perpetuate demonstrable hazards to public health, safety, or welfare, subject to the approval of such removal by the Zoning Administrator. 10. Areas in which trees are preserved shall remain at original grade level and undisturbed wherever possible. Trees and vegetation which are to be preserved shall be clearly marked in the field. 11. Decorative walls, fences, berms and /or other earthforms may be integrated into any landscaping program subject to setback and sight triangle requirements, and the materials and construction standards in Section 8 -1009. 12. Where sidewalks, or other pedestrian, bike, and/or equestrian trails are proposed in the landscaped area, such paths shall be meandering, if necessary, in order to preserve the existing trees. 13. To the greatest extent possible, stormwater management structures and facilities shall be placed outside of the landscaping zones identified in the this article. When placement of stormwater management structures and facilities in a landscaping zone is demonstrated as unavoidable by the applicant, and approved by the Development Review Committee, and is not prohibited elsewhere in this Ordinance, such structure or facility shall be landscaped in a naturalized pattern utilizing native species and the landscaping Points required for the area encompassed by the stormwater management structure or facility shall be disbursed throughout the remaining area of the landscaping zone. B. Landscaping Points All plants, fences, walls, berms, or other landscaping elements in a development plan are assigned a landscaping Points value in Table 8 -1004. Each applicable landscaping zone, as defined in Section 8 -1005, on a development plan has a required landscaping Points value and required design guidelines which must be met by the Landscaping Plan. 1. All Landscaping Plans are required to have at least fifty percent (50 %) of the total landscaping Points for the site as evergreen species. 2. In addition to the Points required for each landscaping zone, all multi- family, civic, commercial, industrial, and miscellaneous uses are required to achieve a minimum fifteen percent (15 %) landscape surface ratio (LSR) for the total project site. a. Plantings within the Frontage Zone, Buffer Zone, Parking Zone, Foundation Zone, and Screening Zone may be included as landscape area in the LSR calculation. 151 Landscape Elements' — Points** Point Value Large Deciduous Tree: 3 "+ cal. or 12'+ height 30 Medium Deciduous Tree: 2 -3 "cal. or 10 -12' height 20 Small Deciduous Tree: 1 -2 "cal. or 8 -10' height 10 Ornamental Tree greater than 8' height 12 Ornamental Tree less than 8' height 7 Large Evergreen Tree: greater than 10' heed ht 30 Medium Evergreen Tree: 7 -10' height 20 Small Evergreen Tree: Less than 7' height min. 4' height 10 Large Deciduous Shrub: 5 gal. or 36" min. height 3 Medium Deciduous Shrub: 3 gal. or 24" min. height 2 Small Deciduous Shrub: 2 gal. Or 18" min. height 1 Large Evergreen Shrub: 5 gal. or 36" min. height 3 Medium Evergreen Shrub: 3 gal. or 24" min. height 2 Small Evergreen Shrub: 2 gal, or 18" min. height 1 Groundcover plants: 1 gal .5 Pint .25 Wall, Fence, Berming (height at centerline) - less than 3' 1.5 pts / 101.f. - over 3' 2.5 pts / 101.f. 8 -1005 Landscaping Zones b. Undisturbed, delineated wetlands and riparian buffers may be included as landscape area in the LSR calculation. 8 -1004 Landscaping Points Values Table • All ornamental grasses will count based on the size of the root ball or container. •• in the case of a conflict between the root ball or container size and the plant height, Points value will be determined by the root ball or container size. A. The landscaping zones which may apply to any lot or parcel being developed are the Frontage Zone, Buffer Zone, Parking Zone, Foundation Zone, and Screening Zone, except that in the case of single- family residential lot development, the whole site is treated as a single zone and regulated by Section 8- 1005D. B. In the case of overlapping zones, the following hierarchy of application shall apply: 1. Frontage zone 2. Buffer zone 3. Parking zone 4. Foundation zone 5. Screening zone C. Zone Requirements 1 Frontage Zone. The Frontage Zone is a landscaping area located along the entire frontage of the parcel with a width equal to the width of the required front setback for the parcel, as defined by the underlying zoning district. 152 Frontage Zone 1.25 Points per Linear Fool for Under 50 foot Setbacks 1.75 Points per Linear Foot for 50 foot and Greater Setbacks Frontage Zone a. There are two Frontage Zone classifications. i. Rural Frontage Zone applies to all properties which are outside of the designated Development Service Districts and Village Centers of the County Comprehensive Plan. Frontage Zone - Rural Less Than 50 Foot Setback 1.25 Points per Linear Foot of Frontage - Example: 100 Linear Feet = 125 Points Depth or Setback 25) Small Deciduous Shrubs x 1 Point - 25 Points (3) Medium Deciduous Trees x 20 Points - 60 Points Total= 125 Points A. In the rural frontage zone, properties with a front setback of less than fifty (50) feet are required to install a minimum of 1.25 Points of landscaping per linear foot of lot frontage B. B. In the Rural Frontage Zone, properties with a front setback of fifty (50) feet or greater are required to install a minimum of 1.75 Points of landscaping per linear foot of lot frontage. 153 C. In the Rural Frontage Zone, eighty percent (80 %) of landscaping Points are required to be non - ornamental species of trees. No more than fifty percent (50%) of trees may be evergreen species. Native species are encouraged. ii. Development Frontage Zone applies to all properties which are within the designated Development Service Districts and Village Centers of the County Comprehensive Plan. A. In the Development Frontage Zone, properties with a front setback of less than fifty (50) feet are required to install a minimum of 1.25 Points of landscaping per linear foot of lot frontage. Frontage Zone - Development Service Districts Less Than 50 Foot Setback 1.25 Points per Linear Fool of Frontage - Example: 100 Linear Feet = 125 Points - - t (3) Medium Evergreen Shnrbs x 2 Points a 6 Points Small Evergreen Tree x 10 Point et 10 Points 25) Small Deciduous Shrubs x 1 Points 25 Points (2) Large Ornamental Trees x 12 Points at 24 Points (3) Medium Deciduous Trees x 20 Poims - 60 Points Total - 125 Points B. In the Development Frontage Zone, properties with a front setback of fifty (50) feet or greater are required to install a minimum of 1.75 Points of landscaping per linear ontage. 2. Buffer Zone. The Buffer Zone is a continuous landscaping screen, ten (10) feet wide, required along all side and rear yards. Required landscaping Points are based on the parcel use type, as identified in Article III of this Ordinance, as detailed below. 154 Potential Multi-Modal Path or Sidewalk Buffer Zone Points Based on Use Type per 500 Square Feet Buffer Zone a. One (1) pedestrian break of at least six (6) feet in width is required for every fifty (50) linear feet in the buffer zone, except that breaks which are used for placement of a surfaced walkway, pathway, or trail are required to be the width of the trail plus an additional two (2) feet on either side of the walkway, pathway, or trail. b. Installation of all required Points must be disbursed in a generally even pattern throughout the Buffer Zone area, except in cases of concentrated nuisance, such as lights or noise, which require heavier screening in a particular Location. c. Required Buffer Zone by Use Type ii. Agricultural Use Types A. Agricultural use types are not required to install Buffer Zone landscaping. iii. Residential Use Types B. Residential use types are not required to install Buffer Zone landscaping, unless otherwise specified in this Ordinance. Single- family residential uses are required to install parcel or lot landscaping in accordance with Section 8- 1005F. Civic Use Types A. Civic use types are required to install a minimum of 45 Points of landscaping per 500 square feet of Buffer Zone. 155 10 Foot 1 Minimum Depth 1 t Civic Use Buffer 45 Points per 500 Square Feet 1 Pedestrian Break - 6 foot min (1) Small Evergreen Tree x 10 Points 10 Points (10) Medium Evergreen Shrubs x 2 Points = 20 Points 15) Small Deciduous Shrubs n 1 Point = 15 Points Total - 45 Po)nu iv. Office and Commercial Use Types 1 to Foot Minimum Depth Commercial Use Type 60 Points per 500 Square Feet Pedestrian Break - 6 foot min. 2) Medium Evergreen Shnibs x 2 Points= 24 Points (24) 1 Gallon Groundcovcrs x ,5 Points` -12 Points (2) Small Evergreen Trees x 10 Points = 20 Points (4) Small Deciduous Shnibs x 1 Point = 4 Points Total = 60 Points A. Office and Commercial use types are required to install a minimum of 60 Points of landscaping per 500 square feet of Buffer Zone, except that uses which include a curb -side service restaurant or drive -thru facility, or that operate between the hours of 10 PM and 5 AM and /or more than twelve (12) hours per day shall be deemed Office and Commercial Intense Use Types for the purpose of landscaping and shall be required to install a minimum of 90 Points of landscaping per 500 square feet of Buffer Zone. 156 T i 0 Foot Minimum Depth Commercial Use Type 90 Points per 500 Square Feel Pedestrian Break. 6 foot min. (24) Pint Groundeovers z .25 Points - 6 Points (2) Small Ornamental Trees x 7 Points = 14 Points (12) Medium Evergreen Shrubs x 2 Points at 24 Points (16) Small Deciduous Shrubs x 1 Poittt - 16 Points (2) Medium Evergreen Trees z 20 Points - 40 Points Total • 90 Points B. In the case of a master - planned commercial or office park, the required Buffer Zone Points shall be reduced by fifty percent (50%) for interior lot lines which are platted as part of the overall park. No reduction shall be allowed along sections of lot lines which are adjacent to properties not part of the master - planned park or in Buffer Zones adjacent to the exterior borders of the park, except as noted below. i. In the case of a master - planned commercial or office park which has installed buffer zone landscaping around the park as a whole, in accordance with Section 4- 17005, the required buffer zone Points per lot shall be zero (0) along sections of lot lines which contain existing buffer zone landscaping in accordance with Section 4- 17005. C. In the case of a commercial or office use type which is immediately adjacent to another commercial and office use type, the minimum required Buffer Zone Points per lot shall be reduced by fifty percent (50%) along any shared sections of the lot lines. v. Industrial Use Types A. Industrial use types are required to install a minimum of 120 Points of landscaping per 500 square feet of Buffer Zone. 10 Poor Minimum Depth Industrial Use Butler 120 Points per 500 Square Feel Pedestrian Break - 6 foot min. (32) Small Evergreen Shrubs x 1 Point -32 Points (14) Medium Deciduous SMrbs x 2 Points = 28 Points (2) Medium Deciduous Trees x 20 Point - 40 Points (2) Smolt Evergreen Trees x 10 Points - 20 Points Total - 120 Points B. In the case of a master - planned industrial or commerce park, the required Buffer Zone Points per lot shall be reduced by fifty percent (50 %) for interior lot lines which are platted as part of the overall park. No reduction shall be allowed along sections of lot lines which are adjacent to properties not part of the master - planned park or in Buffer Zones adjacent to the exterior borders of the park except as noted below. 1. In the case of a master - planned industrial or commerce park which has installed Buffer Zone landscaping around the park as a whole, in accordance with Section 4- 19005, the required Buffer Zone Points per lot shall be zero (0) along sections of lot lines which contain existing Buffer Zone landscaping in accordance with Section 4- 19005. vi. Miscellaneous Use Types 1. Miscellaneous use types are required to install a minimum of 120 Points of landscaping per 500 square feet of Buffer Zone. 2. The Zoning Administrator may administratively waive up to 30 Points of landscaping per 500 square feet for the Buffer Zone of less intense miscellaneous uses, with a written request, including justification, from the applicant. 158 3. Parking Zone. The Parking Zone is a continuous perimeter buffer, ten (10) feet in width, surrounding the entire parking area, which includes parking spaces and any directly adjacent sidewalks, loading zones, drive aisles, and ingress /egress driveways. Parking Zone 60 Points per 500 Square Feet of Zone Area be shrubs. 3. Waiver requests greater than 30 Points per 500 square feet shall be considered by the Development Review Committee (DRC). a. Parking Zones shall install a minimum of 60 Points of landscaping per 500 square feet of total Parking Zone area. i. All landscaping Points must be installed within the boundaries of the Parking Zone, except that twenty percent (20 %) of Points shall be distributed on interior landscaping islands and medians, if applicable. ii. A minimum of thirty percent (30 %) of Points shall iii. Shrubs shall be a minimum of twenty -four (24) inches in height at the time of installation. iv. Parking Zone landscaping shall be distributed across the parking area so that the cumulative effect shall be to provide a minimum of thirty percent (30 %) canopy coverage or shading of the Parking Zone within fifteen (15) years, b. Included within the total required Points for the Parking Zone shall be one (1) large deciduous tree per 1,500 square feet of Parking Zone. The Parking Zone area calculation shall include 159 parking spaces and any directly adjacent sidewalks, loading zones, drive aisles, and ingress /egress driveways. c. Each parking space above the minimum parking space requirements of this Ordinance shall require an additional ten (10) landscaping Points per space, to be installed in the Parking Zone. i. Each space above the minimum requirements of this Ordinance shall be surfaced in permeable materials and shall not be impervious materials as defined in Section 2 -1002. ii. Landscaping Credits, as specified in Section 8- 1007, shall not be applicable to any landscaping Points accumulated for parking spaces above the minimum parking space requirements of this Ordinance. d. Landscaping islands a minimum of nine (9) feet wide and eighteen and one half (18.5) feet long are required at the end of each parking row. Islands at the end of a double row of parking are required to be a minimum of nine (9) feet wide by thirty-seven (37) feet long. i. Additional landscaping islands, a minimum of nine (9) feet wide by eighteen and one half (18.5) feet long, are required every eight (8) linear spaces to break up long rows of parking. Islands inserted into a double row of parking are required to be a minimum of nine (9) feet wide by thirty -seven (37) feet long. e. Parking lots shall include no more than four (4) consecutive rows of parking (no more than two (2) double rows of parking) without at least landscaping median, a minimum of five (5) feet wide, connecting landscaping islands to break up large parking areas. 160 f. Large parking lots shall be divided into smaller parking fields, of no more than one hundred (100) spaces, using landscaping medians which are a minimum of fifteen (15) feet wide and including a pedestrian walkway . which is at least five (5) feet wide. g. Any parking area that is adjacent to a road or other right - of -way shall provide an additional 60 Points per 500 square feet of area between the parking area and the road or right -of -way. h. Where a parking area is altered or expanded to increase the size to twenty (20) or more vehicle parking spaces and is used regularly for at least five (5) days a week, landscaping for the entire parking area shall be provided, not only for the extent of the alteration or expansion. 4. Foundation Zone. The Foundation Zone is a continuous area six (6) feet in width around the entire perimeter of the building. Foundation Zone 45 Points per 500 Square Feet of Zone Area a. Foundation Zones shall install a minimum of 45 Points of landscaping per 150 square feet of total Foundation Zone area. b. Landscaping shall be installed as a continuous bed around all sides of the structure, except that required perpendicular access breaks shall be allowed, provided that the landscaping Points associated with the area of such breaks are incorporated into the rest of the Foundation Zone area. 5. Screening zone. The Screening Zone is a continuous planting area required around all service structures, equipment, and /or outdoor storage yards for the purpose of reducing the impact of the structure or use visually and acoustically. 161 Screening Zone 11 Points per 10 Linear Feet of Perimeter %/7 Access Point Screening Zone Area to be Measured: Outer Limits of All Sides a. Screening Zones shall install a minimum of 11 Points of landscaping per ten (10) linear feet of perimeter length. Screening 11 Points per 10 Linear Feet Area Requiring Screening: 8 foot by 16 fool 48 Linear Feet / 10 Linear feet = 4.8 4.8 x 11 Points = 52.8 round up - 33 Points (1) Large Onsamenul Tree x 12 Points .12 Points (22) Small Deciduous Shrubs x 1 Point • 22 Points (5) Medium Evergreen Shrubs x 2 Points - 10 Points (4) l.nge Evergreen Shrubs x 3 Point - 12 Points Total- 56 Points 3 Extra b. In the Screening Zone, solid and semi -solid perimeter features such as fences, berms, walls, or other non - organic elements shall not be included in the calculation of landscaping Points. c. The perimeter area of service structures, equipment, and/or outdoor storage yards shall be determined by measurement of the complete outside perimeter of the structure or equipment, including any fencing, and including the distance across access points or entryways. d. Landscaping shall be installed as a continuous screen around all sides of service structures, equipment, and /or outdoor storage yards, except that required access and entry breaks shall be allowed, provided that the Points associated with the perimeter area of such breaks are incorporated into the rest of the Screening Zone. e. Plants must be installed no more than ten (10) feet from the base of service structures, equipment, and /or outdoor storage yards. If service structures, equipment, and/or outdoor storage yards are enclosed by a fence, wall, berm, or other erimeter feature, the required screening Points shall be installed within ten (10) feet of the based of such perimeter feature. 162 Total Square Footage of Proposed Residence Total Landscaping Points Required on Site 0 -1,000 20 Points 1,001 -1,500 30 Points 1,501 -2,000 40 Points 2,001 -2,500 50 Points 2,501 -3,000 60 Points 3,001 -3,500 75 Points 3,501 -4,000 90 Points 4,000+ 105 Points f. At the time of installation, plant height shall be a minimum of fifty percent (50 %) of the total height of the structure or equipment being screened. D. Single Family Residential 1. Single Family residential lots shall be treated as a single zone meeting the requirements of this Section and shall not be required to meet the individual Frontage, Buffer, Parking, Foundation, and Screening zone regulations unless specifically required by an adopted Master Plan. 2. Single family residential lots shall install, at a minimum, the landscaping Points as required by Section 8 -1006. 3. Required landscaping Points shall be installed before issuance of a Certificate of Occupancy. Section 8 -1006 Single Family Residential Landscaping Points Table Section 8 -1007 Landscaping Credits A. Landscaping Credits are available for the use of certain environmental practices, as outlined in Section 8 -1008. Additional practices can be considered by the Zoning Administrator for Credits on a case -by -case basis with documentation of the positive environmental impacts associated with the practice. B. An individual zone be reduced by no more than forty percent (40 %) of the zone requirement due to landscaping Credits, except that the Zoning Administrator may approve up to an additional ten percent (10 %) reduction (not to exceed 50% in any individual zone) for a design which incorporates outstanding and innovative environmental design above and beyond what is described in this Article. 163 Environment al Practice Points credit value Applicable Zone Additional Requirements Tree Preservation 10 Points per tree over 8" caliper. Tree -save areas, tree preservation groupings, or undisturbed, delineated wetland and riparian areas will be evaluated and may be assigned a credit value by the Zoning Administrator on a case by case basis. Buffer, Frontage, Parking, Foundation, Screening Single - family residential— Whole Site Credit must be applied in the zone the trees are located in, except that trees which do not fall into a particular zone may be applied to the buffer zone requirement with approval of the Zoning Administrator. Parking Reduction 10 Points per space below the minimum required in the Zoning Ordinance. Parking Parking reduction must be approved by the Zoning Administrator before credit is applicable. Reduction request are considered on a case by case basis during site plan review. Permeable Material 8 Points per 162 square feet Parking, Foundation, Frontage Credits must be applied to the zone which the permeable material is located in. No credits may be accumulated for C. The required Points for a single- family residential lot may be reduced by no more than forty percent (40 %) of the whole site total Points due to landscaping Credits, except that the Zoning Administrator may approve up to an additional ten percent (10 %) reduction for a design which incorporates outstanding and innovative environmental design above and beyond what is described in this Article. Section 8 -1008 Landscaping Credits Table 164 165 permeable surfaces outside of a landscaping zone, except as otherwise specified in Article VIII. Credits for surfaces which are located within a landscaping zone and extend out of a landscaping zone (such as walkways between a building and a parking lot) may be applied to the Foundation Zone only. Maintenance specifications for the technology used shall be included in any required site plans, environmental management plans, and in the BMP Maintenance Agreement for the site. Credit must be applied to the zone which the native species are planted in. 100% Native Plants As identified by Virginia Department of Conservation and Recreation 10% reduction in total Points Parking, Foundation, Frontage, Buffer, Screening. Single- family residential— Whole Site Green Roof Each 1 square foot of green roof equals 1 Point reduction in the zone of choice. Foundation, Buffer, Frontage Xeriscaping 10% reduction in total Points Parking, Foundation, Buffer, Frontage, Screening Credit must be applied to the zone in which the xeriscaping is installed. Not applicable to 165 166 single- family residential. Green Technology and Intelligent Siting Solar orientation 10% reduction in Points Foundation Whole site total Points — single- family residential only Seasonal shading 10% reduction in Points Foundation Single - family residential — Whole Site Solar /Geother mal power generation, heating, and/or cooling 20% reduction in Points Foundation Single - family residential — Whole Site Innovative Stormwater Management (rain gardens, Low Impact Development, graywater reuse) 10% reduction in Points Foundation, Parking, Buffer, Frontage, Screening. Single- family residential— Whole Site Credit must be applied in the zone in which the facility is located. Standard detention/retention ponds (with or without fountains) and drainage ditches and swales (with or without vegetation) will not qualify for this credit. Maintenance specifications for the technology used shall be included in any required site plans, environmental management plans, and in the BMP Maintenance Agreement for the site. U.S. Green 166 Building Council Leadership in Energy and Environment al Design Certification (LEED Rating) Certified Rating 5% reduction in buffer zone, PLUS 5% reduction in foundation zone, PLUS 5% reduction in parking zone Points Buffer, foundation, parking Silver Rating 10% reduction in buffer zone, PLUS 10% reduction in foundation zone, PLUS 5% reduction in parking zone Paints Buffer, foundation, parking Gold Rating 15% reduction in buffer zone, PLUS 15% reduction in foundation zone, PLUS 10% reduction in parking zone Points Buffer, foundation, parking Platinum Rating 20% reduction in buffer zone, PLUS 20% reduction in foundation zone, PLUS 10% reduction in parking zone Points Buffer, foundation, parking Earthcraft Certified Construction 15% reduction in total site Points Whole site total Points Single - family residential only 167 Section 8 -1009 Material and Construction Standards A. Plant material standards All plant materials shall be in a living, healthy condition and shall be in conformance with the applicable standards of the most recent edition of the "American Standard for Nursery Stock," published by the American Association of Nurserymen. It is recommended that indigenous plant materials be utilized in all cases except that alternative species may be used, upon certification from a licensed landscape architect that such species have rated hardiness and growth habit appropriate for the intended location on site. (7 -1 -97) B. Berms and earthform standards All berms and earthforms required or otherwise proposed for use shall conform with to the following standards: 1. The maximum side slope shall be three (3) horizontal feet to one (1) vertical foot (3:1) and appropriate erosion and sediment controls are to be utilized during construction. (7 -1 -97) 2. Berms and earthforms shall be designed with physical variations in height and alignment throughout their length. (7 -1 -97) 3. Plant materials shall be installed on berms or earthforms and shall be arranged in an irregular pattern to accentuate the physical variation and achieve a natural appearance. 4. Berms and earthforms shall be located and designed to minimize the disturbance and adverse impact to existing trees located on the site or adjacent thereto. (7 -1 -97) C. Tree protection standards Development of land for different uses and intensity of uses may necessitate the removal of trees to accommodate roads, parking, buildings, and facilities. It is the express intent of this section that every effort is made through the design, layout, and construction of development projects to incorporate and preserve as many trees as possible. 1. No person shall cut, destroy, move, or remove any living, disease - free tree of any species having a trunk with a diameter of eight (8) inches or larger, measured four and one -half (4 1/2) feet from the base, in conjunction with any development of land governed by this Ordinance unless and until such removal or destruction has been approved under the provisions of this article 168 2. No person shall cut or clear trees for the sole purpose of offering land for sale. Land may be cleared of underbrush ( "bushhogged ") in preparation for sale or development. (7- 1 -97) 3. If it is determined that trees of eight (8) inches or larger and/or vegetation has been removed without specific approval for such removal in accordance with this Ordinance, the Zoning Administrator shall required the replacement of said trees or vegetation. At a minimum, replacement trees shall meet the specifications of Section 8 -1004 for large deciduous or evergreen trees. 4. All trees which are to be preserved on site shall be subject to the following standards: minimum standards of the most current Virginia Erosion and Sediment Control Handbook. Section 8 -1010 Landscape Plan approval and implementation The Zoning Administrator shall approve all Landscape Plans meeting the requirements of this Article and Ordinance, subject to the following: A. No site or development plan required by this Ordinance shall receive final approval until such time as the Landscaping Plan has been duly submitted and approved. (7 -1 -97) B. No certificate of occupancy may be issued by the Superintendent of Building Inspections unless the following items are satisfactorily completed with regard to the approved Landscaping Plan: 1. Such Nan has been completely implemented on the site. (7 -1 -97) 2. Temporary Certificate of Occupancy a. When landscaping is required, no Certificate of Occupancy shall be issued until the required landscaping is completed in accordance with the approved Landscape Plan. When the occupancy of a structure is desired prior to the completion of the required landscaping, a Temporary Certificate of Occupancy may be issued only if the owner or developer provides a form of surety satisfactory to the County Attorney in an amount equal to the costs of labor and materials plus ten percent (10 %) contingency allowance satisfactory to the Zoning Administrator. b. All required landscaping shall be installed within twelve (12) months following the issuance of a Temporary Certificate of Occupancy or the surety described above may be forfeited to the County. This requirement shall not preclude the phasing of landscaping programs for larger development projects, the timing of which shall be approved by the Zoning Administrator. (7 -1 -97) 169 8 -1011 Surety Requirements Surety in an amount equal to twenty-five percent (25 %) of the cost of materials and installation of landscaping, screening and buffering materials, including fences, shall be provided in a form acceptable to the County Attorney, prior to the site plan approval to ensure the landscaping was installed properly and remains healthy. This surety shall be released at the end of two (2) years from the issuance of a final certificate of occupancy, if an inspection shows the landscaping remains healthy. All required landscaping shall be the responsibility of the property owner(s). All plants damaged by insects, disease, vehicular traffic, acts of God, or vandalism shall be replaced. 8 -1012 Maintenance A. All plant material shall be tended and maintained in a healthy growing condition and free from refuse and debris at all times by the owner or his agent. All unhealthy, dying or dead plant materials shall be replaced within one year. Screening and buffering structures, including fences, shall be maintained in a uniform, presentable and fully functioning condition. Failure to maintain required landscaping, screening and buffering improvements shall be considered a violation of the approved plans and provisions of this ordinance and shall be handled in accordance with Section 1- 1013.L, Zoning Ordinance Violations. B. Tree topping and other forms of extreme crown reduction or unnatural shaping and pruning of trees required by this Article shall be prohibited. Trees required by this Article shall be allowed to grow in a generally natural form. Pruning to remove a safety hazard, to remove dead or diseased materials, or to avoid overhead utility lines or reasonable, seasonal pruning recommended for maintaining growth shall be exempt from this prohibition. C. Trees eight (8) inches in diameter or less which are topped or damaged by excessive pruning shall be replaced with a large deciduous or evergreen tree as specified in Section 8 -1004. D. Trees greater than eight (8) inches in diameter which are topped or damaged by excessive pruning shall require a professional arborist to develop and carry out a corrective pruning schedule to be approved by the Zoning Administrator. 8 -2000 Open Space 8 -2001 Requirements for Open Space A. Open space and recreation shall be as set forth in the underlying zoning district. 170 B. Developed open space shall be designed to provide active and passive recreational facilities, which include such complementary improvements as are necessary and appropriate for the use, benefit, and enjoyment of the residents of the development. (7 -1 -97) C. Undeveloped open space shall be designed to preserve important site amenities and environmentally sensitive lands. (7 -1 -97) D. The owner or developer, and his successors or assigns shall be responsible for maintaining all active or passive open space, common areas, and any improvements or facilities located thereon, required by this ordinance, except those areas, improvements or facilities with respect to which an offer of dedication to the public has been accepted by the appropriate public authority. All such areas shall be properly maintained so that they can be used in the manner intended. Required vegetation and trees used for screening, landscaping, or shading are to be replaced if they die or are destroyed. ARTICLE X VEHICLE PARKING FACILITIES 10 -1005 General Design Requirements A. No structure shall be erected, substantially altered, or its use changed unless permanent off - street parking and loading spaces have been provided and maintained in accordance with the provision of this section. The Zoning Administrator may authorize a modification of the parking space requirements, if the Zoning Administrator finds that, in the particular case, the peculiar nature of the use, the exceptional shape or size of the property, or any other exceptional situation or condition would justify such modification. Any such modifications shall be accompanied by findings consistent with Section 10 -1002. B. Parking and loading requirements shall be determined by floor area of the building, structure, or total square footage devoted to the use. C. Parking and loading requirements per seat or seating space shall be determined by the number of fixed seats, except as otherwise required. For purposes of bench -type seating, twenty-one (21) inches shall be the equivalent of one (1) seat. Unfixed seating shall be based on the maximum occupancy as determined by the Building Inspector. D. Parking requirements for residential uses may be provided in attached or detached garages provided each required parking space shall have direct access to a public road unobstructed by other required parking spaces. 171 ZONING DISTRICTS RAC RR VC NC SE SR UR Minimum Lot Size (Sq. ft.) With private sewer and 40,000 40,000 30,000 20,000 30,000 30,000 30,000 E. Parking areas shall be designed so that vehicles may exit such areas without backing onto a public street without resorting to extraordinary movements. This requirement does not apply to parking areas consisting of driveways along a local street that serve single- family detached dwelling units. F. Access must be provided and shall be designed so that sanitation, emergency, and other public service vehicles can serve such developments without the necessity of backing unreasonable distances or making other dangerous or hazardous turning movements. (7 -1 -97) G. Every parking area shall be designed to accommodate vehicle overhang by providing four (4) foot spacing between the parking spaces and any adjacent property, wall, sidewalk, vegetation other than ground cover, or any other obstruction. H. Circulation areas shall be designed so that vehicles can proceed safely without posing a danger to pedestrians or other vehicles and without interfering with parking areas. (7 -1 -97) Lighting of parking areas shall comply with the lighting requirements and standards contained in Article XI. J. A "sight triangle" shall be observed at all street intersections or intersections of driveways with streets as required in Section 5- 2000.0, Sight Triangles. K. No new parking area shall hereafter be constructed or used unless landscaping is provided as required by the provisions of Article VIII. L. Any parking area that is adjacent to a road or right -of -way shall provide a landscaped buffer between the parking area and the road or right -of -way as required by the provisions of Article VIII. Table 2 AGRICULTURAL AND RESIDENTIAL SCHEDULE OF ZONE REGULATIONS TABLE INSET: 172 water With public sewer or water n/a n/a 20,000 15,000 20,000 20,000 20,000 With public sewer and water n/a n/a 15,000 n/a 20,000 15,000 20,000 Minimum Lot Width (Ft.) With private sewer and water 150 150 125 100 125 125 125 With public sewer or water n/a n/a 125 80 120 125 125 With public sewer and water n/a n/a 100 n/a 120 80 80 Minimum Lot Frontage (Ft.) With private sewer and water 120 120 100 100 100 100 100 With public sewer or water n/a n/a 100 80 96 100 100 With public sewer and water n/a n/a 80 n/a 96 64 56 Minimum Frontage on a Cul -de -sac (Ft.) With private sewer and water 75 75 No less than 50% of minimum lot width of district 50 No less than 50% of minimum lot width of district No less than 50% of minimum lot width of district No le than 50' of minimu lot wid of district With public sewer or water n/a n/a 40 173 174 With public sewer and water n/a n/a n/a Minimum Setback Requirements (Ft.) Front yard (w /r -o -w => 50 ft.) 60 60 30 60 ## 50 35 35 w /r -o -w = < 50 ft. from centerline) 85 85 55 85 ## 75 60 55 Sideyard Side Yard P ©nc ) pal for Structure 25 25* 15 15# 20 12& 8 Side Yard P h) pal for Structure 50 50* 30 35# 40 24& 16 Accessory Structures 25 25 Rear Yard Principal Structure Lots with 100 ft. or greater of width 50 50* 30 35 35 25 20 Lots with less than 100 ft. of width n/a n/a n/a 25 n/a 25 20 Accessory Structure 5 Maximum Height Feet 35 35 35 35 35 35 35 Stories 3 3 3 3 3 3 3 Maximum Lot 30% 174 ZONING DISTRICTS LC GC LI GI GIC Minimum Lot Size (Sq. ft.) 20,000 20,000 20,000 20,000 20'000 Minimum Lot Width (Ft.) 100 100 100 100 100 Minimum Lot Frontage (Ft.) 2 2 2 3 3 Minimum Setback Requirements (Ft.) 35 35 35 35* 35* Sideyard 5 5 20 20 20 Rear Yard 5 5 20 20 20 Maximum Height Coverage Maximum Density per Net Developable Area ** Single - Family Subdivision Dwellings /acre n/a n/a 2 2 2 3 3 FAR -Non Residential -sq. ft. /foot n/a n/a 0.25 0.25 0.25 0.25 0.25 Notes: * = For lots created prior to July 1, 1997, the side yard shall be 15 ft. for one side, and 35 ft. for both, and the rear yard setback shall be 35 ft. # = For lots with less than 100 feet of width, the side yard setback shall be 10 feet on one side, 20 feet on both sides. & = For lots created prior to July 1, 1997, the side yard shall be 10 feet on one side and 25 feet on both side yards. ** = Maximum Density for Townhouses = 10 dwellings per acre and Multifamily and Condominiums = 14 dwellings per acre. ## = For lots with less than 150 feet of width, the front yard setback is 35 feet and 60 feet. Table 2 Commercial and Industrial Schedule of Zone Regulations TABLE INSET: 175 Feet 35 35 35# 35# 35# Stories 3 3 3 3 3 Maximum Floor Area Ratio (FAR) 0.35 ft. /ft. 0.50 ft. /ft. 0.50 ft. /ft. 0.60 ft. /ft. n/a Maximum Lot Coverage 75% 75% 75% 75% n/a Maximum Open Space Ratio (OSR) 25°/ 25% 25% 25% n/a Notes: * = Industrial uses shall provide a front yard of 100 ft., excluding offices associated with use. # = Heights may be increased to 70 feet with additional setbacks per the district regulations. Chapter title corrections and "bufferyard" term deletions only. Table of Contents.... Section 4 -2007 Additional Regulations (RAC) A. Refer to Section 5 -2000, for Supplementary Density and Dimensional Requirements, Section 5 -3000, for Restrictions Adjacent to Airports, and Section 5 -4000 for standards for Net Developable requirements. C. Refer to Article VI for regulations with the Historic Overlay (HO) District, Highway Corridor Overlay (HCO) District, Flood Plain Management Overlay (FPMO) District, and the Newport Development Service Overlay (NDSO) District. D. Refer to Article VII for General Design Guidelines and Development Review Procedures. E. Refer to Article VIII for Landscaping, and Open Space standards. F. Refer to Article IX for Sign standards. G. Refer to Article X for Vehicle Parking Facilities requirements. H. Refer to Article XI for Outdoor Lighting Requirements and Restrictions. Section 4 -3009 Additional Regulations (RR) 176 A. Refer to Section 5 -2000, for Supplementary Density and Dimensional Requirements, Section 5 -3000, for Restrictions Adjacent to Airports, and Section 5 -4000 for standards for Net Developable requirements. B. Refer to Article VI for regulations with the Historic Overlay (1-10) District, Highway Corridor Overlay (HCO) District, Flood Plain Management Overlay (FPMO) District, and the Newport Development Service Overlay (NDSO) District. C. Refer to Article VII for General Design Guidelines and Development Review Procedures. D. Refer to Article VIII for Landscaping, and Open Space standards. E. Refer to Article IX for Sign standards. F. Refer to Article X for Vehicle Parking Facilities requirements. G. Refer to Article XI for Outdoor Lighting Requirements and Restrictions. Section 4 -4006 Additional Regulations (VC) A. Refer to Section 5 -2000, for Supplementary Density and Dimensional Requirements, Section 5 -3000, for Restrictions Adjacent to Airports, and Section 5 -4000 for standards for Net Developable requirements. B. Refer to Article VI for regulations with the Historic Overlay (HO) District, Highway Corridor Overlay (HCO) District, Flood Plain Management Overlay (FPMO) District, and the Newport Development Service Overlay (NDSO) District. C. Refer to Article VII for General Design Guidelines and Development Review Procedures. D. Refer to Article VIII for Landscaping, and Open Space standards. E. Refer to Article IX for Sign standards. F. Refer to Article X for Vehicle Parking requirements. G. Refer to Article XI for Outdoor Lighting Requirements and Restrictions. Section 4 -5006 Additional Regulations (NC) A. Refer to Section 5 -2000, for Supplementary Density and Dimensional Requirements, Section 5 -3000, for Restrictions 177 Adjacent to Airports, and Section 5 -4000 for standards for Net Developable requirements. B. Refer to Article VI for regulations with the Historic Overlay (HO) District, Highway Corridor Overlay (HCO) District, Flood Plain Management Overlay (FPMO) District, and the Newport Development Service Overlay (NDSO) District. C. Refer to Article VII for General Design Guidelines and Development Review Procedures. D. Refer to Article VIII for Landscaping, and Open Space standards. E. Refer to Article IX for Sign standards. F. Refer to Article X for Vehicle Parking Facilities requirements. G. Refer to Article XI for Outdoor Lighting Requirements and Restrictions. Section 4 -6006 Additional Regulations (SE) A. Refer to Section 5 -2000, for Supplementary Density and Dimensional Requirements, Section 5 -3000, for Restrictions Adjacent to Airports, and Section 5 -4000 for standards for Net Developable requirements. B. Refer to Article VI for regulations with the Historic Overlay (HO) District, Highway Corridor Overlay (HCO) District, Flood Plain Management Overlay (FPMO) District, and the Newport Development Service Overlay (NDSO) District. C. Refer to Article VII for General Design Guidelines and Development Review Procedures. D. Refer to Article VIII for Landscaping, and Open Space standards. E. Refer to Article IX for Sign standards. F. Refer to Article X for Vehicle Parking Facilities requirements. G. Refer to Article XI for Outdoor Lighting Requirements and Restrictions. Section 4 -7007 Additional Regulations (SR) A. Refer to Section 5 -2000, for Supplementary Density and Dimensional Requirements, Section 5 -3000, for Restrictions 178 Adjacent to Airports, and Section 5 -4000 for standards for Net Developable requirements. B. Refer to Article VI for regulations with the Historic Overlay (HO) District, Highway Corridor Overlay (HCO) District, Flood Plain Management Overlay (FPMO) District, and the Newport Development Service Overlay (NDSO) District. C. Refer to Article VII for General Design Guidelines and Development Review Procedures. D. Refer to Article VIII for Landscaping, and Open Space standards. E. Refer to Article IX for Sign standards. F. Refer to Article X for Vehicle Parking Facilities requirements. G. Refer to Article XI for Outdoor Lighting Requirements and Restrictions. Section 4 -8007 Additional Regulations (UR) A. Refer to Section 5 -2000, for Supplementary Density and Dimensional Requirements, Section 5 -3000, for Restrictions Adjacent to Airports, and Section 5 -4000 for standards for Net Developable requirements. B. Refer to Article VI for regulations with the Historic Overlay (110) District, Highway Corridor Overlay (HCO) District, Flood Plain Management Overlay (FPMO) District, and the Newport Development Service Overlay (NDSO) District. C. Refer to Article VII for General Design Guidelines and Development Review Procedures. D. Refer to Article VIII for Landscaping, and Open Space standards. E. Refer to Article IX for Sign standards. F. Refer to Article X for Vehicle Parking Facilities requirements. G. Refer to Article XI for Outdoor Lighting Requirements and Restrictions. Section 4 -9006 Additional Regulations (LC) A. Refer to Section 5 -2000, for Supplementary Density and Dimensional Requirements, Section 5 -3000, for Restrictions 179 Adjacent to Airports, and Section 5 -4000 for standards for Net Developable requirements. B. Refer to Article VI for regulations with the Historic Overlay (HO) District, Highway Corridor Overlay (HCO) District, Flood Plain Management Overlay (FPMO) District, and the Newport Development Service Overlay (NDSO) District. C. Refer to Article VII for General Design Guidelines and Development Review Procedures. D. Refer to Article VIII for Landscaping, and Open Space standards. E. Refer to Article IX for Sign standards. F. Refer to Article X for Vehicle Parking Facilities requirements. G. Refer to Article XI for Outdoor Lighting Requirements and Restrictions. Section 4 -10006 Additional Requirements (GC) A. Refer to Section 5 -2000, for Supplementary Density and Dimensional Requirements, Section 5 -3000, for Restrictions Adjacent to Airports, and Section 5 -4000 for standards for Net Developable requirements. B. Refer to Article VI for regulations with the Historic Overlay (HO) District, Highway Corridor Overlay (HCO) District, Flood Plain Management Overlay (FPMO) District, and the Newport Development Service Overlay (NDSO) District. C. Refer to Article VII for General Design Guidelines and Development Review Procedures. D. Refer to Article VIII for Landscaping, and Open Space standards. E. Refer to Article IX for Sign standards. F. Refer to Article X for Vehicle Parking Facilities requirements. G. Refer to Article XI for Outdoor Lighting Requirements and Restrictions. Section 4 -11006 Additional Requirements (LI) A. Refer to Section 5 -2000, for Supplementary Density and Dimensional Requirements, Section 5 -3000, for Restrictions 180 Adjacent to Airports, and Section 5 -4000 for standards for Net Developable requirements. B. Refer to Article VI for regulations with the Historic Overlay (HO) District, Highway Corridor Overlay (HCO) District, Flood Plain Management Overlay (FPMO) District, and the Newport Development Service Overlay (NDSO) District. C. Refer to Article VII for General Design Guidelines and Development Review Procedures. D. Refer to Article VIII for Landscaping, and Open Space standards. E. Refer to Article IX for Sign standards. F. Refer to Article X for Vehicle Parking Facilities requirements. G. Refer to Article XI for Outdoor Lighting Requirements Restrictions. Section 4 -12006 Additional Regulations (GI) A. Refer to Section 5 -2000, for Supplementary Density and Dimensional Requirements, Section 5 -3000, for Restrictions Adjacent to Airports, and Section 5 -4000 for standards for Net Developable requirements. B. Refer to Article VI for regulations with the Historic Overlay (HO) District, Highway Corridor Overlay (HCO) District, Flood Plain Management Overlay (FPMO) District, and the Newport Development Service Overlay (NDSO) District. C. Refer to Article VII for General Design Guidelines and Development Review Procedures. D. Refer to Article VIII for Landscaping, and Open Space standards. E. Refer to Article IX for Sign standards. F. Refer to Article X for Vehicle Parking Facilities requirements. G. Refer to Article XI for Outdoor Lighting Requirements and Restrictions. Section 4 -13006 Additional Regulations (GIC) and A. Refer to Section 5 -2000, for Supplementary Density and Dimensional Requirements, Section 5 -3000, for Restrictions 181 Adjacent to Airports, and Section 5 -4000 for standards for Net Developable requirements. B. Refer to Article VI for regulations with the Historic Overlay (HO) District, Highway Corridor Overlay (HCO) District, Flood Plain Management Overlay (FPMO) District, and the Newport Development Service Overlay (NDSO) District. C. Refer to Article VII for General Design Guidelines and Development Review Procedures. D. Refer to Article VIII for Landscaping, and Open Space standards. E. Refer to Article IX for Sign standards. F. Refer to Article X for Vehicle Parking Facilities requirements. G. Refer to Article XI for Outdoor Lighting Requirements and Restrictions. Section 4 -15007 Additional Regulations (PD -R) A. Refer to Section 5 -2000, for Supplementary Density and Dimensional Requirements, Section 5 -3000, for Restrictions Adjacent to Airports, and Section 5 -4000 for standards for Net Developable requirements. B. Refer to Article VI for regulations with the Historic Overlay (HO) District, Highway Corridor Overlay (HCO) District, Flood Plain Management Overlay (FPMO) District, and the Newport Development Service Overlay (NDSO) District. C. Refer to Article VII for General Design Guidelines and Development Review Procedures. D. Refer to Article VIII for Landscaping, and Open Space standards. E. Refer to Article IX for Sign standards. F. Refer to Article X for Vehicle Parking Facilities requirements. G. Refer to Article XI for Outdoor Lighting Requirements and Restrictions. Section 4 -16012 Additional Regulations (PD -MH) A. Refer to Section 5 -2000, for Supplementary Density and Dimensional Requirements, Section 5 -3000, for Restrictions 182 Adjacent to Airports, and Section 5 -4000 for standards for Net Developable requirements. B. Refer to Article VI for regulations with the Historic Overlay (HO) District, Highway Corridor Overlay (HCO) District, Flood Plain Management Overlay (FPMO) District, and the Newport Development Service Overlay (NDSO) District. C. Refer to Article VII for General Design Guidelines and Development Review Procedures. D. Refer to Article VIII for Landscaping, and Open Space standards. E. Refer to Article IX for Sign standards. F. Refer to Article X for Vehicle Parking Facilities requirements. G. Refer to Article XI for Outdoor Lighting Requirements and Restrictions. Section 4 -17010 Additional Regulations (PD -CP) A. Refer to Section 5 -2000, for Supplementary Density and Dimensional Requirements, Section 5 -3000, for Restrictions Adjacent to Airports, and Section 5 -4000 for standards for Net Developable requirements. B. Refer to Article VI for regulations with the Historic Overlay (HO) District, Highway Corridor Overlay (HCO) District, Flood Plain Management Overlay (FPMO) District, and the Newport Development Service Overlay (NDSO) District. C. Refer to Article VIl for General Design Guidelines and Development Review Procedures. D. Refer to Article VIII for Landscaping, and Open Space standards. E. Refer to Article IX for Sign standards. F. Refer to Article X for Vehicle Parking Facilities requirements. G. Refer to Article XI for Outdoor Lighting Requirements and Restrictions. Section 4 -18012 Additional Regulations (PD -MX) A. Refer to Section 5 -2000, for Supplementary Density and Dimensional Requirements, Section 5 -3000, for Restrictions 183 Adjacent to Airports, and Section 5 -4000 for standards for Net Developable requirements. B. Refer to Article VI for regulations with the Historic Overlay (HO) District, Highway Corridor Overlay (HCO) District, Flood Plain Management Overlay (FPMO) District, and the Newport Development Service Overlay (NDSO) District. C. Refer to Article VII for General Design Guidelines and Development Review Procedures. D. Refer to Article VIII for Landscaping, and Open Space standards. E. Refer to Article IX for Sign standards. F. Refer to Article X for Vehicle Parking Facilities requirements. G. Refer to Article XI for Outdoor Lighting Requirements and Restrictions. Section 4 -19010 Additional Regulations (PD -IP) A. Refer to Section 5 -2000, for Supplementary Density and Dimensional Requirements, Section 5 -3000, for Restrictions Adjacent to Airports, and Section 5 -4000 for standards for Net Developable requirements. B. Refer to Article VI for regulations with the Historic Overlay (HO) District, Highway Corridor Overlay (HCO) District, Flood Plain Management Overlay (FPMO) District, and the Newport Development Service Overlay (NDSO) District. C. Refer to Article VII for General Design Guidelines and Development Review Procedures. D. Refer to Article VIII for Landscaping, and Open Space standards. E. Refer to Article IX for Sign standards. F. Refer to Article X for Vehicle Parking Facilities requirements. G. Refer to Article XI for Outdoor Lighting Requirements and Restrictions. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. 184 Chairman Brown called for a public hearing on the following: D. Consideration of the proposed incurrence of general obligation indebtedness of the County in the estimated maximum principal amount of $4,500,000.00 to finance the purchase of agricultural land preservation easements within the County (Resolution Authorizing the Issuance of General Obligation Indebtedness and Providing for the Execution and Delivery of Installment Purchase Agreements in Connection with the Purchase by Isle of Wight County, Virginia, of Development Rights in an Aggregate Purchase Price Not to Exceed $4,500,000. Mark C. Popovich, Assistant County Attorney, presented a Resolution Authorizing the Issuance of General Obligation Indebtedness and Providing for the Execution and Delivery of Installment Purchase Agreements in Connection with the Purchase by Isle of Wight County, Virginia, of Development Rights in an Aggregate Purchase Price Not to Exceed $4,500,000 for the Board's consideration to be used for eight (8) tracts of land equaling 939 acres of land that have been designated through the PACE Program to maintain open space within the County. Chairman Brown called for persons to speak in favor of or in opposition of the proposed incurrence of general obligation indebtedness of the County. Delores Darden, Chairman of the PACE Committee, spoke stating that if the County continues to grow as projected, this type of program is needed to protect the rural character and preserve the County's quality of life. Chairman Brown closed the public hearing and called for comments from the Board. Supervisor Bradshaw moved that the following Resolution be adopted: 185 RESOLUTION AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION INDEBTEDNESS AND PROVIDING FOR THE EXECUTION AND DELIVERY OF INSTALLMENT PURCHASE AGREEMENTS IN CONNECTION WITH THE PURCHASE BY ISLE OF WIGHT COUNTY, VIRGINIA, OF DEVELOPMENT RIGHTS IN AN AGGREGATE PURCHASE PRICE NOT TO EXCEED 54,500,000 WHEREAS, the Board of Supervisors (the "Board ") of Isle of Wight County, Virginia (the "County "), pursuant to Section 10(b) of Article VII of the Constitution of Virginia and Section 15.2 -2639 (formerly Section 15.1- 227.40) of the Code of Virginia of 1950, as amended (the "Code "), has elected by affirmative vote of the qualified voters of the County, to be treated as a city for the purpose of issuing bonds; WHEREAS, the Board has adopted the Purchase of Agricultural Conservation Easements Program Ordinance on May 19, 2005 (the "Ordinance "); WHEREAS, in furtherance of the purposes of the Open -Space Land Act, Chapter l7, Title 10.1 of the Code and the Ordinance, the County has established the Purchase of Agricultural Conservation Easements Program (the "PACE Program ") to promote and encourage the preservation of agricultural land within the County through acquisition of development rights through the purchase of preservation easements; WHEREAS, persons listed in Exhibit A (the "Sellers ") are the owners in fee simple of land meeting the eligibility of the Ordinance, and have agreed to sell to the County their development rights (the "Development Rights ") in such land for an aggregate price not to exceed 54,500,000 subject to the terms and conditions set forth in this Resolution and an Installment Purchase Agreement (as hereinafter defined); and WHEREAS, there have been presented to this meeting the forms of the following documents, each to be dated as of a date specified by the County: (a) Installment Purchase Agreement between the County and each Seller (each an 'Installment Purchase Agreement" and collectively, the "Installment Purchase Agreements"); (b) Deed of Easement between each Seller, as grantor, and the County (each a "Deed" and collectively, the "Deeds"); (c) Paying Agency Agreement (the "Paying Agency Agreement ") between the County and The Bank of New York Mellon, as paying agent (the "Paying Agent"). BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA: 1. Pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the Public Finance Act of 1991, there is authorized to be issued general obligation 186 indebtedness of the County in a principal amount not to exceed 54,500,000 to provide funds to finance, in pert, the purchase of the Development Rights. 2. The Board hereby authorizes the County Administrator to purchase the Development Rights from the Sellers in accordance with the terms of the Installment Purchase Agreements. All capitalized terms not otherwise defined herein shall have the meanings assigned to them in the Installment Purchase Agreements. 3. Each Installment Purchase Agreement, each Deed and the Paying Agency Agreement shall be in substantially the forms presented to this meeting, which are hereby approved, with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the County Administrator (such term to include any Deputy County Administrator), his execution and delivery to constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes. 4. The County Administrator is authorized and directed to execute the Installment Purchase Agreements and, if necessary, the Clerk or a Deputy Clerk of the Board is authorized and directed to affix the County's seal and attest the same. In completing each Installment Purchase Agreement, the County Administrator shall fix and determine the final payment terms thereunder as he deems to be in the best interests of the County; provided, however that (a) the aggregate principal portion of the Purchase Price under the Installment Purchase Agreements with the Sellers shall not exceed $4,500,000, (b) the actual interest rate payable on the unpaid principal balance of each Installment Purchase Agreement shall not exceed 6.0% per year, and (e) the principal portion of the Purchase Price of each Installment Purchase Agreement shall be paid in full in a single installment on a date no later than December 31, 2039. 5. Interest on the unpaid principal balance of the Purchase Price of each Installment Purchase Agreement shall accrue from the date of delivery of the Deed of Easement to the Clerk's Office of the Isle of Wight County Circuit Court for recordation and shall be payable to the Registered Owner on semi - annual payment dates as determined by the County Administrator, until such principal balance is fully paid Both the single installment of principal of the Purchase Price of each Installment Purchase Agreement and the interest on the unpaid balance thereof shall be payable in lawful money of the United States of America. 6. The County Attorney or Interim County Attorney is authorized and directed to accept each Deed on behalf of the County. 7. The County Administrator is authorized and directed to execute the Paying Agency Agreement. Payment of interest on the unpaid balance of the Purchase Price shall be made by the County on each Interest Payment Date to the Paying Agent, who is hereby appointed the registrar and paying agent under the Installment Purchase Agreement, or any corporate trustee appointed by the Board as successor registrar and paying agent (the "Registrar "). The Registrar shall forward all such interest payments by check or draft mailed to the person(s) appearing on the registration books of the County maintained by the Registrar as the Registered Owner on the Record Date, at the address of such Registered Owner as it appears on such registration books. The single installment of principal of the Purchase Price shall be paid on the principal payment date by the Registrar to the Registered Owner as of the Record 187 2 Date upon presentation and surrender of the Installment Purchase Agreement at the office of the Registrar. 8. The County's obligation to pay the Purchase Price under each Installment Purchase Agreement and to pay interest on the unpaid balance of such Purchase Price are general obligations of the County, and the full faith and credit and the unlimited taxing power of the County are irrevocably pledged to the payment of such Purchase Price and the interest thereon. Unless other funds are lawfully available and appropriated for timely payment of amounts due under the installment Purchase Agreements, the Board shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all locally taxable property in the County sufficient to pay when due the Purchase Price under each Installment Purchase Agreement and the interest due thereon. 9. The County covenants that it will not take or omit to take any action the taking or omission of which will cause any Installment Purchase Agreement to be an "arbitrage bond" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, and regulations issued pursuant thereto, or otherwise cause interest payable under each such Installment Purchase Agreement to be includable in the gross income of the Registered Owner under current law. Without limiting the generality of the foregoing, the County shall comply with any provision of law that may require the County at any time to rebate to the United States any part of the earnings derived from the investment of the gross proceeds under any Installment Purchase Agreement, unless the County receives an opinion of nationally recognized bond counsel that such compliance is not required to prevent interest payable under the Installment Purchase Agreement from being includable in the gross income for federal income tax purposes of the Registered Owner under current law. 10. The County covenants that during the term ()leach Installment Purchase Agreement it will not use or permit the use of any of the Development Rights related to each such Installment Purchase Agreement other than For public purposes consistent with the PACE Program. 11. All other actions of the County in conformity with the purposes and intent of this Resolution and in furtherance of entering into the Installment Purchase Agreements are approved and confirmed. The officers of the County are authorized and directed to execute and deliver all certificates and instruments and to take all such further action as may be considered necessary or desirable in connection with entering into the Installment Purchase Agreements. 12. All resolutions or parts of resolutions in conflict herewith are repealed. 13, This Resolution shall take effect immediately, ADOPTED by the Board of Supervisors of Isle of Wight County, Virginia, this _ day of August, 2009. APPROVED: 3 The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Brown called for a public hearing on the following: E. Consideration of the assignment of the lease agreement between the Board of Supervisors and the Windsor Hunt Club to the Industrial Development Authority. Interim County Attorney Burton presented the lease agreement for the Board's consideration. 188 Chairman Brown called for persons to speak in favor of or in opposition to the application. No one appeared and spoke. Chairman Brown closed the public hearing and called for comments from the Board. Supervisor Wright moved that the assignment of the lease agreement between the Board and the Windsor Hunt Club to the Industrial Development Authority be approved. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Brown called for a public hearing on the following: F. Consideration of an Ordinance to Amend and Reenact Chapter 11. Motor Vehicles and Traffic, Article II, Motor Vehicles, Section 11 -4, Tax Year Interim County Attorney Burton presented the Ordinance amendment for the Board's consideration noting that it changes the tax year to a calendar year basis and that it will be sent with the personal property tax bills and the records properly credited when the fees are paid by the Treasurer. Chairman Brown called for persons to speak in favor of or in opposition to the application. No one appeared and spoke. Chairman Brown closed the public hearing and called for comments from the Board. Supervisor Clark moved that the following Ordinance be adopted: AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING CHAPTER 11. MOTOR VEHICLES AND TRAFFIC. ARTICLE II. MOTOR VEHICLES. SECTION 11-4. — TAX YEAR. WHEREAS, the Isle of Wight County Board of Supervisors wishes to coordinate the payment of motor vehicle licenses with the payment of personal property taxes so as to consolidate billing for same; and WHEREAS, to coordination of such payments will have no fiscal impact on the County budget, but rather is a house keeping measure. 189 NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that Chapter 11. Motor Vehicles and Traffic. Article II. Motor Vehicles. Section 11 -4. Tax Year be amended and reenacted as follows: Sec. 11 -4. Tax year. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. i/ Supervisor Bradshaw moved that the Board return to the regular order of the agenda under Item 3, Citizens' Comments/Norfolk Raw Water Agreement. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // (a) After a motor vehicle has been assessed for personal property tax purposes by the Commissioner of the Revenue, or registered with and assessed by the Commissioner of the Revenue for personal property tax purposes, the County Treasurer shall mail to the taxpayer a bill for the license fee for the current and each subsequent year. The license fee shall be listed as a separate item on each year's annual personal property tax bill and shall be due on or before December 5 or as indicated on the tax bill. (b) Upon payment of the license fee prescribed by this Article and compliance with all other applicable provisions of this Article, the County Treasurer shall mark the records to indicate that the license fee has been paid for the taxpayer's vehicle for which the license fee was charged. (1 -4 -68, § 4; 1 -6 -77, § 1; 9- 21 -06; 4- 19 -07; 7- 16 -09.) Chairman Brown called for citizens' comments with respect to the Norfolk Raw Water Agreement. Edwin Easter of 12224 Hideaway Lane spoke in favor of the Norfolk Water Agreement stating that it will bring industry into the County; housing capabilities; and, develop that area into a prime living condition. He commented that if the County does not have the resources, utilities and infrastructure to support a potential client, the port will never be able to develop. 190 Ross Younger, Hardy District, commented that he was not in favor of spending County funds on this project at this time. He noted that he was more concerned with how the Board got to this point without the public being apprised. He recalled that citizens were also unaware that the County had purchased property at the James River Bridge and he requested that public comment be solicited before a deal is finalized. Robbie Younger, 19001 Farm Road, commented that the Board will not be good stewards of the County's funds if it moves forward with the purchase of this water from Norfolk. She stated that she believes that the majority of citizens are also not in favor of this purchase. She requested the Board not to place this burden on the citizens of the County and not let fear be the Board's motive to move forward. She stated that she believes that the need for water in the future is not as severe as believed. Terry Cuthriell, Morgarts Beach Road, spoke in favor of the Board approving the Letter of Intent with the Nature Conservancy. Herb DeGroft, 1 5411 Mill Swamp Road, referred to VACo's Steering Committee report on the potential impacts of a shrinking State budget. He commented that funding for local governments next year will be even more impacted than this year and that there remains yet another adjustment to be faced in the budget this year. Sadie Boyer, Newport District, on behalf of the Carrollton Civic League, presented a request that the number of Planning Commissioners be reduced to equal the number of districts as soon as feasible. Il Chairman Brown called for Citizens' Comments. All citizens who had signed in had spoken previously. Chairman Brown called for Board comments. Supervisor Clark made reference to a recent article in the Smithfield Times regarding the intermodal facilities and the fact that if the County got a major water user, that they would be able to sink a deep well. Mr. Wrightson advised that southeastern Virginia is currently a part of a groundwater conservation area and groundwater withdrawal permits are being denied for new ground water wells by the Department of Environmental Quality as that agency proceeds to seek ways to recharge the Potomac aquifer. 191 I/ Supervisor Bradshaw reported that he had met with the Executive Committee of the Hampton Roads Economic Development Alliance and there has been a steady increase in prospects for Hampton Roads during the months of May, June, July and August. He reported that Isle of Wight is on the short list for a recent prospect and a decision will be made in the near future. Supervisor Bradshaw reported that the most recent meeting of the VACo Board of Directors had been held in the organization's new headquarters building. He advised that the State Energy Committee is reviewing alternative energy sources and information will be forthcoming from Larry Land with respect to grants through the Federal Stimulus Program for energy conservation with respect to homeowners. He advised that a blueprint of VDOT has been distributed to the Board along with two (2) handouts with respect to transportation. He advised that the Board has also been provided a financial evaluation of the State budget by the VACo Finance Committee. He invited the Board to visit VACo's website where the interviews of the two (2) candidates running for Governor can be viewed. He concluded that he had advised Mr. Robertson that he will be contacted in the near future regarding these interviews being placed on the County's website and PEG channel. Chairman Brown called for Regional Reports. Chairman Brown reported that the Superintendent of the Western Tidewater Regional Jail has shared that localities can use inmates to perform certain work such as picking up trash along the roadway. He advised that with respect to fines for traffic violations, if a local ordinance is adopted, the County is authorized to collect the fines. Regarding traffic violation fines, Supervisor Clark moved that the County Attorney's office be authorized to investigate and report back to the Board on the frequency in which the local ordinance is being cited as opposed to the State ordinance. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Brown advised that the auditor for the Authority has advised that everything is acceptable with respect to internal control and that a final audit test will be conducted in the near future. He advised that Leroy Bennett was elected as the Chairman of the Authority and Supervisor Wright remains the Vice- Chairman. He advised that Secretary Johnson was replaced by Mr. Burgess. 1/ 192 Chairman Brown called for Transportation Matters. Edwin P. Wrightson, Director of General Services, reported that a dedication of the Holland/Councill Memorial Bridge will be on Tuesday, September 15, 2009 at 3:00 p.m. at the Bridge. Mr. Wrightson advised the Board that there will be a public information session attended by staff and VDOT representatives on the paving of Muddy Cross Drive on September 16, 2009 from 6:00 p.m. until 8:00 p.m. in the Board Room. Mr. Wrightson presented a Resolution of the Board of Supervisors of Isle of Wight County Regarding Selection of Priorities for the Virginia Department of Transportation's Six -Year Improvement Plan for FY 2009 -10 Through FY2014/15 for the Board's consideration. Supervisor Bradshaw moved that the following Resolution be adopted: RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY REGARDING SELECTION OF PRIORITIES FOR THE VIRGINIA DEPARTMENT OF TRANSPORTATION'S SIX -YEAR IMPROVEMENT PLAN FOR FY 2009/10 THROUGH FY 2014/15 WHEREAS, Sections 33.1 -23 and 33.1 -23.4 of the Code of Virginia of 1950, as amended, provides the opportunity for each county to work with the Virginia Department of Transportation (VDOT) in developing a Secondary Six -Year Improvement Plan (SYIP); and WHEREAS, this Board previously agreed to assist in the preparation of this Plan, in accordance with VDOT's policies and procedures, and participated in a public hearing on the proposed SYIP FY 2009 /10 through FY 2014/15 on May 21, 2009, after duly advertised so that all citizens of the County had the opportunity to make comments and recommendations concerning the proposed Plan and Priority List; and WHEREAS, MacFarland Neblett, PE, Resident Engineer for VDOT appeared before the Board and recommended approval of the SYIP FY 2009/10 through FY 2014/15 for Secondary Roads for Isle of Wight County; and WHEREAS, the Isle of Wight County Board of Supervisors, following a regular meeting on May 21, 2009, unanimously approved the proposed SYIP. NOW, THEREFORE, BE IT RESOLVED, that since the SYIP appears to be in the best interests of the Secondary Road System in Isle of Wight County and of the citizens residing on the Secondary System, the SYIP for 193 FY 2009/10 through FY 2014/15 is hereby approved as presented at the public hearing; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for VDOT. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Brown called for the County Attorney's report. Interim County Attorney Burton presented a proposed Letter of Intent in regards to the purchase of 2,507 acres along the Blackwater River from the Nature Conservancy. He advised that the financing is to be funded through the bond issue this Fall. He advised that a Letter of Intent is an obligation of the County's intent to purchase the land. Supervisor Clark inquired if a Letter of Intent could be signed contingent upon financing. He noted that he is uncomfortable with binding the County without knowing how it is going to be financed. Jimmy Sanderson, Davenport and Company, advised that it is the County's intention to borrow the funds to purchase the property with the Fall bond issue. He further advised that there is already $2 million included in the County's CIP over the next five (5) years and that the intent is to structure the bond issue so that it can be repaid over that period of time. Brian Van Eerden, Director, The Nature Conservancy, advised that The Nature Conservancy has garnered $640,000 for this project already and it would be requesting an additional $800,000 through another grant program. He advised that in March, 2010, the The Nature Conservancy will be applying for several hundred thousand more dollars. He advised that while there is no guarantee that additional grant monies will be received, this project did rank #9 across the nation. Supervisor Wright suggested that Mr. Van Eerden also contact the American Turkey Federation. Supervisor Bradshaw advised that Congressman Forbes' office has expressed a desire to support the County in this regard and he requested staff to stay in contact with his office on this matter. Supervisor Casteen commented that there are many other needs for the Board's consideration at this time and that the purchase of this property is not a necessity. 194 Supervisor Bradshaw moved that the Board authorize the Chairman to sign the Letter of Intent on behalf of the Board. The motion was adopted by a vote of (4 -1) with Supervisors Bradshaw, Brown, Clark and Wright voting in favor of the motion and Supervisor Casteen voting against the motion. Interim County Attorney Burton advised that because a monitoring report dealing with the installation of equipment in certain County pumping stations had not been provided in a timely manner to the Department of Environmental Quality (DEQ), the County is being requested to enter into another Consent Order by DEQ. Supervisor Clark moved that the County Administrator be authorized to execute the Consent Order. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton presented a Resolution to Authorize the Execution of the Norfolk -WTWA Raw Water Sales Agreement for the Board's consideration. Supervisor Wright moved that the following Resolution be adopted: RESOLUTION TO AUTHORIZE THE EXECUTION OF THE NORFOLK -WTWA RAW WATER SALES AGREEMENT WHEREAS, the Western Tidewater Water Authority (the "WTWA ") was created was jointly created by the Isle of Wight County Board of Supervisors and the City Council of the City of Suffolk (the "Member Jurisdictions ") in 1998 in order to create a regional collaborative effort to meet the water demands of the Member Jurisdictions; and WHEREAS, in 2006 the Member Jurisdictions revised the terms of the agreement that created the WTWA in order to provide for the acquisition of additional water sources to meet the long -term demands of the Member Jurisdictions that will supplement the WTWA's already sufficient near -term demands; and WHEREAS, the WTWA, its Member Jurisdictions, and the City of Norfolk have determined the basis for a long -term water agreement. NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County Board of Supervisors, that the Chairman of the Board of Supervisors is hereby authorized to execute the Norfolk -WTWA Raw Water Sales Agreement ( "Water Agreement "). The Water Agreement shall be substantially in the form submitted to the Isle of Wight County Board of Supervisors at this meeting, which is approved, and may include such modifications not inconsistent with this resolution as may be approved by the Chairman. 195 The motion was adopted by a vote of (4 -1) with Supervisors Bradshaw, Brown, Clark and Wright voting in favor of the motion and Supervisor Casteen voting against the motion. Interim County Attorney Burton presented an amendment to the 2006 Water Agreement between the County and the Western Tidewater Water Authority for the Board's consideration. Supervisor Clark moved that the County Administrator be authorized to execute the water agreement between the Western Tidewater Water Authority and the County on behalf of the Board. The motion was adopted by a vote of (4 -1) with Supervisors Bradshaw, Brown, Clark and Wright voting in favor of the motion and Supervisor Casteen voting against the motion. Interim County Attorney Burton advised that he had two (2) matters to discuss with the Board later during the closed meeting. Chairman Brown called for the Parks and Recreation report. Mark W. Furlo, Parks Administrator, requested the Board's consideration of a name for the Hardy District Park. Supervisor Bradshaw moved that the Hardy District Park be named the Henry H. Bradby Park. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Mr. Furlo presented an amendment to the Tyler's Beach Docking Agreement for the Board's consideration which prohibits overnight stays and permits electrical use only to registered boatmen at the facility. Chairman Brown moved that the amendment to the County Policy Manual Section 4.5 be adopted with a time limit on inoperable vessels. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Supervisor Clark moved that the agenda be amended to consider Item (C) and Item (B) under Old Business at this point in the agenda. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. 196 // Chairman Brown called for Old Business. An ordinance to amend the following sections of Appendix B, Zoning: Section 1 -1020 (Nonconforming Situations), Section 2 -1002 (Definitions), Section 6 -1003 (Affected Development), Section 6 -1004 (Exemptions to the Highway Corridor Overlay District Requirements), Section 6 -1006 (Permitted Activity in the Minimum Visual Buffer), Section 6 -1014 (Exceptions), Section 6 -2003 (Affected Development), Section 6 -2004 (Exemptions to the Newport Development Service Overlay District Requirements), Section 6 -2006 (Permitted Activity in the Minimum Visual Buffer) and Section 6 -2011 (Exceptions) to provide a definition of the Development Review Committee (DRC) and to designate the DRC as the reviewing body to review and approve development proposals and waiver requests within the aforementioned districts. Matthew Smolnik, Planner, represented the Ordinance. William Riddick, Attorney, spoke in favor stating that a Development Review Committee will expedite and stream line the process. Mr. Duckett advised that the Peninsula Homebuilders Association strongly supports the Development Review Committee because it helps to expedite plans, saves time and moneys, streamlines and eliminates any redundancy. Supervisor Bradshaw moved that the following Ordinance be adopted: AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING APPENDIX B, ZONING, ARTICLE I, GENERAL PROVISIONS, SECTION 1 -1020, NONCONFORMING SITUATIONS, ARTICLE II, INTERPRETATIONS AND BASIC DEFINITIONS, SECTION 2 -1002, DEFINITIONS, ARTICLE VI, OVERLAY DISTRICTS, SECTION 6 -1003, AFFECTED DEVELOPMENT, SECTION 6 -1004, EXEMPTIONS TO THE HIGHWAY CORRIDOR OVERLAY DISTRICT REQUIREMENTS, SECTION 6 -1006, PERMITTED ACTIVITY IN THE MINIMUM VISUAL BUFFER, SECTION 6 -1014, EXCEPTIONS, SECTION 6 -2003, AFFECTED DEVELOPMENT, SECTION 6 -2004, EXEMPTIONS TO THE NEWPORT DEVELOPMENT SERVICE OVERLAY DISTRICT REQUIREMENTS, SECTION 6 -2006, PERMITTED ACTIVITY IN THE MINIMUM VISUAL BUFFER AND SECTION 6 -2011, EXCEPTIONS. 197 WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has the legislative authority to make reasonable changes to the ordinances that govern the orderly growth and development of Isle of Wight County; and WHEREAS, the Isle of Wight County Board of Supervisors is also concerned about the compatibility of uses on public and private lands within Isle of Wight County and seeks to allow flexibility in the administration of the ordinance regulations while protecting the health, safety, and general welfare of present and future residents and businesses of the County. NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors that Appendix B, Zoning, Article I, General Provisions, Section 1 -1020, Nonconforming Situations of the Isle of Wight County Code be amended and reenacted as follows: Sec. 1 -1020. Nonconforming situations. (a) General description (1) If, within zoning district classifications established by this ordinance, or amendments subsequently adopted, there exist lots, buildings, structures or uses of land which were lawful prior to the enactment of this ordinance, or subsequent amendments, and which would not conform to regulations and restrictions under the terms of this ordinance or amendments thereto, or which could not be built or used under this ordinance, such nonconformities may continue to exist subject to the regulations contained in this section. (2) The purpose of this article is to restrict nonconforming buildings, structures, and uses, and to specify those circumstances and conditions under which such nonconforming buildings, structures, and uses shall be permitted to continue. (b) Changes in district boundaries. Whenever the boundaries of a district are changed, any uses of land or buildings, which become nonconforming as a result of such changes shall become subject to the provisions of this section. (7 -1 -97) (c) Continuation. (1) Nothing in this ordinance shall be construed to authorize the impairment of any lawful nonconforming situation; except, that land, buildings and structures and the uses thereof which do not conform to the regulations and restrictions prescribed for the district in which they are situated may be continued only so long as the existing or a more restricted use continues and such use is not discontinued for more than two (2) years, 198 and so long as the buildings or structures are maintained in their then structural condition; and that the uses of such buildings or structures are continued in their then intensity and condition; and that the uses of such buildings or structures shall conform to such regulations whenever they are enlarged, extended, are reconstructed or structurally altered; and no nonconforming building or structure may be moved on the same lot or to any other lot which is not properly zoned to permit such nonconforming use. (2) Any lot reduced in area or yard setback to a nonconforming lot by reason of a re- alignment or dedication of any existing public highway or by reason of a condemnation proceeding, is considered to be a nonconforming lot of record. Any lawful structure on the lot before such reduction in lot size occurs, by which such action is rendered nonconforming, shall be considered a legal nonconforming structure and may continue. However, this provision does not apply to the creation of new streets in a proposed subdivision. (3) Nothing in this section shall be construed to prevent the land owner or home owner from removing a valid nonconforming manufactured home from a mobile or manufactured home park and replacing that home with another comparable manufactured home that meets the current HUD manufactured housing code. In such mobile or manufactured home park, a single- section home may replace a single- section home and a multi- section home may replace a multi - section home. The owner of a valid nonconforming mobile or manufactured home not located in a mobile or manufactured home park may replace that home with a newer manufactured home, either single- or multi - section, that meets the current HUD manufactured housing code. Any such replacement home shall retain the valid nonconforming status of the prior home pursuant to section 15.2 -2307 of the Code of Virginia. (4) The burden of proof for determining nonconforming status shall be with the applicant. (d) Verification of nonconforming uses prior to any changes in a nonconforming use or structure. (1) Prior to the approval of any change in, enlargement, extension, are reconstruction, or structural alteration of, a nonconforming use or structure, the lawful status of the use shall be verified in writing by the zoning administrator. The zoning administrator may also verify in writing the lawful status of a nonconforming use not proposed to change upon the request of the owner of the property on which the use or structure is located or upon the request of a neighboring property owner. (2) In verifying the lawful status of a nonconforming use, the zoning administrator shall determine the following: 199 (A)Whether the use, in fact, is a lawful nonconforming use as defined by this article; and, if so, then (B) The location and floor area (in square feet) of all buildings associated with the nonconforming use; and (C) The location, use and size of all structures other than buildings associated with the nonconforming use, and (D)The area of land (in square feet) devoted to all aspects of the nonconforming use (including buildings, parking, outside storage, travel ways, open spaces, etc.); and (E) A description of the principal use(s) and all accessory uses that make up the lawful nonconforming use as a whole. (3) Classification of use. If such determination results in the use, or any portion, being verified as a lawful nonconforming use, the zoning administrator shall classify the overall nonconforming use of the property based on the zoning district in which the use would be a permitted use. If the use would be permitted in more than one (1) zoning district, the assigned classification shall be based on the zoning district that is the least intense of all districts where the use would be permitted. The assignment of such a zoning classification shall not operate to change the zoning of the property on which the nonconforming use is located, but shall be used only in determining the applicable criteria for change of the nonconformance use under the provisions of Section 1- 1020.E, Permitted Changes of Nonconforming Uses and Structures. (4) Basis for the zoning administrator's decision. The decision of the zoning administrator shall be based on information provided by the owner of the property on which the nonconforming use is located, on information provided by other persons with knowledge of the property and on any other information available to the zoning administrator as public record. Such information may include, but shall be limited to, permits, licenses, tax records, receipts, business records, photographs, plats, plans, bills, utility information, assessment information, and sworn affidavits from individuals with personal knowledge of the use and/or the property on which the use is located. (e) Permitted changes of nonconforming uses and structures. (1) If the proposed change in use is from an existing non- conforming use to a use that will conform to a use permitted in the zoning district in which the property is located, the property owner must make application for the change in use in accordance with Section 5 -1003, Change in Use, and Section 1- 1013.A.1, Zoning permit required and occupancy 200 permit guidelines, in the same manner as authorized to make an initial use of a vacant lot. If, and in the event, conformity of land use with this ordinance is achieved, the property may not later revert to the nonconforming use. (2) If the intended change in use is to a principal use that is permitted by right in the zoning district classification where the property is located, but all of the requirements of this ordinance applicable to that use cannot be complied with, then an exception or waiver, as required by the applicable sections of this ordinance shall be obtained from the appropriate approval authority. In considering such requests, financial hardship shall not be considered as justification for the exception or waiver, if approved. (3) A nonconforming use or structure may be changed, enlarged, extended, are reconstructed or structurally altered only in accordance with the provisions of this Article and subject to the appropriate approvals (including, among others, verification of the nonconforming use, site plan approval, building permit approval and zoning approval under this ordinance) otherwise required by law. (f) Repairs and maintenance. A nonconforming structure may be repaired, provided such repair constitutes only routine maintenance necessary to keep the structure in the same general condition it was in when it originally became nonconforming. (g) Expansion/improvements to nonconforming uses and structures. (1) A nonconforming use may be extended throughout any portion of a completed building that, when the use was made nonconforming by this ordinance, was designed or arranged to accommodate such use, provided, that current parking requirements shall be adhered to upon such extension. (2) Any permitted expansion shall occur only on the lot occupied by the nonconforming use or structure and no area of any lot not originally devoted to the nonconforming use shall be utilized for any aspect of such expansions. (3) A nonconforming structure may be altered to decrease its nonconformity. (4) Minor alterations, cosmetic modifications, interior renovations and similar changes for nonconforming uses or structures may be permitted, subject to the following standards: (A)Any building or structure that is conforming as to use, but is nonconforming as to the requirements of this chapter, including floor area, lot, yard, road frontage, setback, parking, loading spaces, fences, signs or 201 height requirements, may be enlarged or structurally altered, if the alteration or enlargement complies with this article. (B)Such construction shall meet all current use requirements for the zoning district assigned by the zoning administrator as a part of the nonconforming use verification process. (5) A nonconforming single- family detached dwelling may not be expanded, except as provided for in this Article. In addition, new or expanded detached residential accessory structures or uses (such as a storage shed, garage, swimming pool, etc.) may be permitted subject to the provisions of this article. Expansion of the dwelling and new or expanded detached accessory structures and uses shall meet all current zoning requirements, including height, yard and setbacks, for the zoning district in which they are located. In no case shall a nonconforming one- family dwelling be modified to accommodate additional dwelling units. (6) For commercial, industrial, other non- residential uses or residential uses, other than a single family detached use, where the use is compatible with the proposed land use district as designated by the Comprehensive Plan, but where the current zoning requirements (including, but not limited to, parking, yards, setbacks, landscaping, screening and buffering, height, signs, lot coverage, connection to public sewer and water) are not met, expansion of the building, and expansion of the land area within the lot devoted to activities other than buildings, may be approved, provided all current zoning requirements applicable to the expansion are met. (A) A one -time exemption may be granted by the zoning administrator for properties located in the Highway Corridor Overlay District in accordance with Section 6- 1005(d) of this ordinance. (7) For commercial, industrial and other non - residential uses not connected to public water and sewer, where the expansion of a use compatible with the proposed land use district as designated by the comprehensive plan, and meeting all zoning requirements except for connection to public water and sewer, expansion of buildings and the land area within the lot devoted to activities other than buildings may be permitted subject to a waiver granted by the board of supervisors upon recommendation from the planning commission. (8) Existing commercial, industrial and other non - residential uses compatible with the proposed land use district as designated by the comprehensive plan, and which have been made nonconforming with respect to open space, perimeter landscape requirements or setback requirements as a result of a right -of -way dedication to the county or the Virginia Department of Transportation without compensation shall be allowed to expand the buildings and the land area devoted to the activity only to the extent that 202 would have been permitted under the ordinance requirements prior to the dedication. (9) Improvements may be made to a nonconforming use or structure for the sole purpose of accessibility or public safety when such improvements are necessitated by a local, state, or federal law. Such improvements may be approved by the zoning administrator and are not subject to subsections (g)(3), (4), and (5) of this section. (h) Restoration or Replacement. (1) A residential or commercial nonconforming structure damaged or destroyed by a natural disaster or other act of God, may be repaired, rebuilt or replaced to eliminate or reduce the nonconforming features to the extent possible, without the need to obtain a variance. If such building cannot be repaired, rebuilt or replaced except to restore it to its original nonconforming condition, the owner of the property shall have the right to do so. The owner shall apply for a zoning and building permit and any work done to repair, rebuild or replace such building shall be in compliance with the provisions of the Uniform Statewide Building Code and any work done to repair, rebuild or replace such building shall be in compliance with the provisions of the Flood Plain Management Overlay District as contained in Article VI of this ordinance. Unless such building is repaired or rebuilt and construction completed within two (2) years of the date of the natural disaster or replaced and construction completed within two (2) years of the date of the natural disaster or act of God, such building shall only be repaired, rebuilt or replaced in accordance with the provisions of Section H(2) below. However, if the nonconforming building is in area under a federal disaster declaration and the building has been damaged or destroyed as a direct result of conditions that gave rise to the declaration, an additional two (2) years shall be provided for the building to be repaired, rebuilt or replaced as other provided in this paragraph. (A) One (1) extension not exceeding ninety (90) days may be granted by the zoning administrator if it is determined that such additional time is required to reasonably complete the construction, repair or rebuild the replacement residence. (2) All other nonconforming uses or structures destroyed or damaged in any manner, to the extent that the cost of restoration to its condition before such an occurrence shall exceed fifty percent (50 %) of the current replacement value of the structure at the time of damage, it shall be restored only if it complies with the requirements of this ordinance. (A)When such use or structure is damaged less than fifty percent (50 %) of the cost of reconstructing the entire use or structure, it may be repaired or restored; provided, any such repair or restoration is started 203 within twelve (12) months and completed within eighteen (18) months from the date of partial destruction. (3) The cost of land or any factors other than the cost of the structure are excluded in the determination of cost of restoration for any structure or activity devoted to a nonconforming use. (4) Nonconforming uses other than buildings and signs (such as, but limited to, underground storage tanks, private sewage disposal systems and parking lots) may be restored or replaced when such structures become unsafe or unsound. A relocation on the same lot may be approved by the zoning administrator, provided the new location is less nonconforming than the original location, and further provided that the new location shall not cause a greater detrimental impact on conforming uses in the neighborhood. (5) Such restoration shall not include any minor alterations, cosmetic modifications, interior renovations or similar changes unless approved under the provisions of Section 1- 1020.G, Expansion/Improvements to Nonconforming Uses and Structures, of this Article, nor shall such restoration include any expansion unless approved under the provisions of section 1- 1020.G, Expansion/Improvements to Nonconforming Uses and Structures. Such restoration may include changes that make the use less nonconforming than it was prior to the casualty. (6) Redevelopment of a site which is non - conforming as to lot coverage standards shall be permitted to maintain lot coverage on site equal to or less than the existing impervious coverage on site at the time of redevelopment, provided that the post - development stormwater runoff shall meet the quality and quantity requirements or the County Chesapeake Bay Preservation Area Ordinance and stormwater management regulations. (i) Moving a Nonconforming Use or Structure. No structure used as part of a nonconforming use shall be moved to any other lot unless such lot is properly zoned to permit the use, nor shall such a structure be moved within the lot on which it exists, unless a relocation is specifically provided for in other sections of this Article. (j) Certifications. (1) The construction or use of a nonconforming building or land area for which a zoning permit was issued legally prior to the adoption of this ordinance may proceed, provided such building is complete within one (1) year or such use of land is established within thirty (30) days after the effective date of this ordinance. (k) Undeveloped Nonconforming Lots. 204 (1) This section applies only to undeveloped nonconforming lots. A lot is undeveloped if it has no principal building upon it or if there is a principal building upon it which is physically unsafe or unlawful due to lack of repairs and maintenance and is declared by a duly authorized official to be unsafe or unlawful by reason of physical condition. A change in use of a developed nonconforming lot may be accomplished in accordance with section 5 -1003. (2) When a nonconforming lot can be used in conformity with all of the regulations applicable to the intended use, except that the lot is nonconforming as to the lot area, lot width and/or frontage, or lot depth, or a combination thereof, required by the zoning district, unless specifically prohibited, the lot may be used as proposed just as if it were conforming, provided all other requirements of the zoning district are met or the board of zoning appeals establishes setbacks in accordance section 1 -1019, provisions for appeals, variances, interpretations. (A)If a lot lacks street frontage, it must be documented that the lot has an unrestricted right of ingress and egress to a public street. (3) For undeveloped lots zoned for commercial, industrial and other nonresidential uses located in the Highway Corridor Overlay District and Newport Development Service Overlay Districts, the Development Review Committee may grant exemptions, whether partial or total, from Highway Corridor Overlay provisions in accordance with section 6 -1004, Exemptions to the Highway Corridor District requirements and Newport Development Service Overlay provisions in accordance with Section 6 -2004, Exemptions to the Newport Development Service Overlay District requirements. (4) If two (2) or more undeveloped lots or combinations of lots with continuous frontage under the same ownership are of record at the same time of passage or amendment of this article, and if all or part of the lots do not meet the requirements established for lot area and width, the lands involved shall be considered to be an unsubsidized parcel for the purposes of this article, and no portion of said parcel shall be used or sold in a manner diminishing compliance with the area and width requirements applicable to such nonconforming lot. This subsection shall not apply to a nonconforming lot if it is determined that a majority of the developed lots located on either side of the street where such nonconforming lot is located and within five (500) hundred feet of such lot are also nonconforming. The intent of this subsection is to require nonconforming lots to be combined with other undeveloped lots to create conforming lots, but not to require such combinations when it would be clearly out of character with the manner in which the neighborhood had previously been developed. (1) Abandonment and discontinuance of nonconforming situation. 205 (1) In the event a nonconforming use ceases for a period of two (2) years or more, then the nonconforming use shall be deemed abandoned and compliance with this ordinance shall be required. The casual, temporary or illegal use of land or structure does not establish the existence of a nonconforming use. (2) When a structure or use made nonconforming by this ordinance is vacant or discontinued at the effective date of this ordinance, the two (2) year period for purposes of this article begins to run on the effective date of this ordinance. NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors that Appendix B, Zoning, Article II, Interpretations and Basic Definitions, Section 2 -1002, Definitions of the Isle of Wight County Code be amended and reenacted as follows: Sec. 2 -1002 . Definitions. When used in this ordinance the following terms shall have a meaning as ascribed herein: Abutting. Having a common border with, or being separated from such common border by, right -of -way, alley or easement. Access, pedestrian. The right to cross between public and private property, allowing pedestrians to enter and leave property. Access, vehicular. A means of vehicular approach or entry to or exit from property, from a street or highway. Accessory building. A subordinate building customarily incidental to and located upon the same lot occupied by the main building. When an accessory building is attached to the principal building in a substantial manner, as by a wall or roof, such accessory building shall be considered a part of the principal building. Accessory use. A use customarily incidental and subordinate to, and on the same lot as a principal use. Administrator. See zoning administrator Alley. A right -of -way that provides secondary service access for vehicles to the side or rear of abutting properties. Alteration. Any change or rearrangement of supporting members of an existing building, such as bearing walls, columns, beams, girders or interior partitions, as well as any change in doors or windows or any enlargement to 206 or diminution of a building or structure, whether horizontally or vertically, or moving of a building or structure from one location to another. Amend or amendment. Any repeal, modification or addition to a regulation; any new regulation: any change in the number, shape, boundary or area of a zone or zoning district; or any repeal or abolition of any map, part thereof or addition thereto. Amenity space. Space devoted to such uses as uncovered open space for public enjoyment consisting of such things as, but not Limited to: green areas, gardens, malls, plazas, walks, pathways, promenades, arcades, lawns, fountains, decorative plantings, passive or active recreational areas. Such space shall not include parking or maneuvering areas for vehicles. Area devoted to this purpose shall be easily and readily accessible to the public or residents of the development. In areas where pedestrian walkways are shown on an approved and adopted master plan such area within the percentage required for amenity space as is necessary shall be devoted to the provision of pedestrian walkways or paths for general public use. Anchor store. A store that act as the major retailer and brings in the majority of business within a shopping center, mall or similar commercial complex. Antenna. A device in which the surface is used to capture an incoming and/or transmit an outgoing radio - frequency signal. Antennas shall include the following types: (1) Omnidirectional (or 'whip') antenna. An antenna that receives and transmits signals in a 360 degree pattern. (2) Directional (or 'panel') antenna. An antenna that receives and transmits signals in a directional pattern typically encompassing an are of 120 degrees. (3) Dish (or parabolic) antenna. A bowl shaped device, less than two meters in diameter, that receives and transmits signals in a specific directional pattern. Arcade. A covered passage having an arched roof. Attic. The area between roof framing and the ceiling of the rooms below that is not habitable, but may used for storage or mechanical equipment. Improvement to habitable status shall make it a story. Automobile. See Motor vehicle. Automobile wrecking yard- Automobile wrecking yard shall mean any lot or place which is exposed to the weather and upon which more than two 207 (2) vehicles of any kind that are incapable of being operated and which it would not be economically practical to make operative, are place, located or found for a period exceeding thirty (30) days. The movement or rearrangement of such vehicles within an existing lot or facility shall not render this definition inapplicable. (See also Scrap and Salvage Services in Section 3- 7000). Base density. The maximum number of dwelling units permitted outright by a particular land- use classification. Base Flood /One Hundred (100) Year Flood. A flood that, on the average, is likely to occur once every one hundred (100) years (i.e., that has a one percent (1 %) chance of occurring each year, although the flood may occur in any year). Basement. That portion of a building that is partly or completely below grade. A basement shall be counted as a story if its ceiling is over six (6) feet above the average level of the finished ground surface adjoining the exterior walls of such story, or if it is used for business or dwelling purposes. Billboard. See Sign, billboard. Block. That property abutting one (1) side of a street and lying between the two (2) nearest intersecting streets or the nearest intersecting street and railroad right -of -way, river, or between any of the foregoing and any other man -made or natural barrier to the continuity of development. Board of supervisors. Governing body of Isle of Wight County. Also referred to as the board. Board of Zoning Appeals. The board appointed to review appeals made by individuals with regard to decisions of the zoning administrator in the interpretation of this ordinance. The Board of zoning appeals is also authorized to grant variances from provisions of the Zoning Ordinance in particular circumstances. Breezeway. A structure for the principal purpose of connecting the main building or buildings on a property with other main buildings or accessory buildings. Buffer or bufferyard. A natural open space or landscaped area intended to separate and protect adjacent or contiguous uses or properties, including land uses abutting highly traveled highway corridors, from noise, lights, glare, pollutants or other potential nuisances. Building. A structure with a roof designed to be used as a place of occupancy, storage, or shelter. 208 Building, floor area. The total number of square feet area in a building, excluding uncovered steps, and uncovered porches, but including the basement and the total floor area of accessory buildings on the same lot. Building, height. The height of a building is the mean vertical distance from the average established grade in front of the lot or from the average natural grade at the building line, if higher, measured to the following: to the roof line, to the average height of the top of the cornice of flat roofs, to the deck line of a mansard roof, to the middle height of the highest gable or dormer in a pitched or hipped roof, except that, if a building is located on a terrace, the height above the street grade may be increased by the height of the terrace. On a corner lot, the height is the mean vertical distance from the average natural grade at the building line, if higher, on the street of greatest width, or if two or more such streets are of the same width, from the highest of such grades. Building line. A line parallel to the front property line of a yard beyond which the foundation wall and /or any enclosed porch, vestibule, or other enclosed portion of a building shall not project, except as provided in section 5- 2000.D, Supplementary Density and Dimensional Requirements. Building, main. See Principal building or structure. Building official, superintendent of building inspections. The person designated as the official responsible for enforcing and administering all requirements of the Uniform Statewide Building Code in Isle of Wight County, Virginia. Bulk regulations. Controls that establish the maximum size of buildings and structures on a lot or parcel and the buildable area within which the structure may be placed, including lot coverage, height, setbacks, density, floor area ratio, open space ratio, ,and landscape ratio. Caliper. A horticultural method of measuring the diameter of nursery stock. For trees less than four (4) inches in diameter, the measurement shall be taken at six (6) inches above ground level. For trees greater than four (4) inches in diameter up to and including twelve (12) inches, the caliper measurement must be taken at twelve (12) inches above the ground level. For trees greater than twelve (12) inches in diameter, the trunk is measured at breast height (diameter at breast height or DBH), which is 4.5 feet above the ground. Camping site. Any plot of ground within a campground used or intended for occupation by the camping unit. Camping unit. A tent, tent trailer, camping trailer, pickup camper, motor home, recreational vehicle or any other commonly used temporary shelter device used as temporary living quarters or shelter during periods of 209 recreation, vacation, leisure time or travel. To qualify as a camping unit, vehicular and mobile units shall be eligible to be currently licensed and registered by a governmental body and shall be legal to travel on Virginia highways without special permits for size, weight or other reasons. Canopy. A roof -like structure of a permanent nature which may be freestanding or project from a wall of a building or its supports. Carport. A permanent roofed structure not more than 75 percent enclosed by walls and attached to the main building for the purpose of providing shelter for one or more motor vehicles. Cellar. See Basement. Certificate of occupancy. A document issued by the building official allowing the occupancy or use of a structure and certifying that the structure and /or site has been constructed and is to be used in compliance with all applicable plans, codes and ordinances. Channel. A natural or artificial watercourse with a definite bed and banks to confine and conduct continuously or periodically flowing water. Child. Any natural person under eighteen (18) years of age. Chord. A line segment joining any two points of a circle. Circulation area. That portion of the vehicle accommodation area used for access to parking or loading areas or other facilities on the lot. Essentially, driveways and other maneuvering areas (other than parking aisles) comprise the circulation area. Co- location. The use of a single location structure and/or site by more than one wireless communications service provider. Coastal High Hazard Area (CHHA). The portion of a coastal flood plain having special flood hazards that is subject to high velocity waters, including hurricane wave wash. The area is designated on the Flood Insurance Rate Map (FIRM) as Zone VI -30, VE or V (V- Zones). Combination use. A use consisting of a combination of one (1) or more lots and two (2) or more principal uses separately listed in the district regulations. Commercial vehicle. A vehicle designed to have more than two rear wheels on a single axle. This shall not apply to pickup body type trucks, passenger van type vehicles, or to vehicles essential for an agricultural use associated with the premises. 210 Community impact statement. A document required by the county which outlines the impact a proposed development will have on environmental and cultural resources, and county services, including, but not limited to schools, fire and rescue, and public utilities. Conditional use. A conditional use is a use that, because of special requirements or characteristics, may be allowed in a particular zoning district only after review and recommendation by the Planning Commission and the granting of conditional use approval by the Board of Supervisors imposing such conditions as necessary to make the use compatible with other uses permitted in the same zone or vicinity. Deck. A structure, without a roof or walls, directly adjacent to a principal building, which has an average elevation of 30 inches or greater from finished grade. Development. Any man -made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, the placement of manufactured homes, streets, and other paving, utilities, filling, grading, excavation, mining, dredging, drilling operations, or storage of equipment or materials. Development review committee (DRC). A subcommittee of the Planning Commission whose members are appointed by the Board of Supervisors. The Development Review Committee may grant preliminary approval of site plans as outlined in the Zoning Ordinance and are also authorized to grant waivers from provisions of the Zoning Ordinance in particular circumstances. Display lot. An outdoor area where active nighttime sales activity occurs and where accurate color perception of merchandise by customers is required. To qualify as a display lot, one of the following specific uses must occur: motor vehicle sales, boat sales, recreational vehicle sales, gardening or nursery sales. Any other use must be approved as display lot uses by the zoning administrator. Dripline. A vertical projection to the ground surface from the furthest lateral extent of a tree's leaf canopy. Driveway. A roadway providing access for vehicles to a parking space, garage, dwelling, or other structure. A driveway serves only one (I) or two (2) lots. Dwelling. A building, or portion thereof, designed or used exclusively for residential occupancy, including single - family dwellings, two - family dwellings, and multi - family dwellings but do not include hotels, motels, boarding and rooming houses, bed and breakfast establishments, and the like. 21 Dwelling unit. One (1) or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one (1) family with toilets and facilities for cooking and sleeping separate from any other dwelling unit. Elevation. A vertical distance above or below a fixed reference point. Environmental assessment. An analysis of the beneficial or detrimental effects of a development on the natural resources and characteristics of the property, including resources such as, but not limited to wetlands, flora and fauna, and other ecosystems. Equipment enclosure. A small building, cabinet, or vault used to house and protect electronic or mechanical equipment. Associated equipment may include, but is not limited to, air conditioners and emergency generators. Facade. That portion of any exterior elevation of the building extending from grade to top of the parapet, wall, or eaves and the entire width of the building elevation. Family. An individual, or two (2) or more persons related by blood, marriage or adoption, or a group of not more than four (4) unrelated persons, occupying a single- family dwelling. Flood. A general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters; (2) The unusual and rapid accumulation or runoff of surface waters from any source; (3) Mudslides (i.e., mudflows) which are proximately caused by flooding and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current. A flood may be further defined as the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or by some similarly unusual and unforeseeable event which results in flooding. Flood hazard zone- The delineation of special flood hazard areas into insurance risk and rate classifications on the flood insurance rate map 212 (FIRM) published by the Federal Emergency Management Agency (FEMA) and which include the following zones and criteria: (1) Zone A. Areas subject to inundation by the 100 -year flood where detailed analyses have not been performed and base flood elevations are not shown. (2) Zone AE. Areas subject to inundation by the 100 -year flood as determined by detailed methods with base flood elevations shown within each area. (3) Zone VE. Areas along coastal regions subject to additional hazards associated with storm wave and tidal action as well as inundation by the 100 - year flood. (4) Zone X. Areas located above the 100 -year flood boundary and having moderate or minimal flood hazards. Flood insurance rate map (FIRM). An official map of a community on which is shown both the special hazard areas and the risk premium zones applicable to the community. Flood insurance study. An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, mudslide hazards and /or flood - related erosion hazards. Flood plain. A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation; an area subject to the unusual and rapid accumulation or runoff of surface water from any source. Flood -prone area. Any land area susceptible to being inundated by water from any source (see definition of flooding). Floodproo£ A construction method designed to ensure that all parts of a structure or facility located below the base flood elevation are watertight with walls impermeable to the passage of water and with structural components having the capability of withstanding hydrostatic and hydrodynamic loads and the effects of buoyancy. Floodway. The channel of a river or other watercourse and the adjacent land areas required to carry and discharge the 100 -year flood without increasing the water surface elevation of that flood more than one (1) foot at any point. Floor area. The square feet of floor space within the outside lines o f walls, including the total of all space on all floors of a building. Floor area shall not include porches, garages, or unfinished space in a basement or attic. 213 Floor area ratio (FAR). The total floor area of all buildings or structures on a lot divided by the net developable area of the lot. Footcandle. A unit of measure for illuminance. A unit of illuminance on a surface that is everywhere one foot from a uniform point source of light of one candle and equal to one lumen per square foot. Frontage. The linear measurement in feet of the front property line abutting a street. Functionally dependent use. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long -term storage or related manufacturing facilities. Garage, private. An accessory building which is designed or used for the storage of vehicles owned and used by the occupants of the building to which it is accessory and which is not operated as a separate commercial enterprise. Gazebo. A detached, covered free standing, open -air or screened accessory structure designed for recreational use only and not for habitation. Glare. The sensation produced by a bright source within the visual field that is sufficiently brighter than the level to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance and visibility; blinding light. Habitable floor. Any floor usable for living purposes, which includes working, sleeping, eating, cooking, or recreation, or any combination thereof. A floor used only for storage is not a habitable floor. Historic landmark/area. Any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 214 (3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or, (4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified and/or as listed in the county's comprehensive plan. Home Garden. An accessory use in a residential district for the production of vegetables, fruits and flowers generally for use or consumption, or both, by the occupants of the premises. Junkyard. Junkyard shall mean any establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile wrecking yard. For purposes of this definition, "junk" shall mean old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste, or junked, dismantled, or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material. (See also Scrap and Salvage Services in section 3- 7000). Kiosk. A freestanding structure upon which temporary information and /or posters, notices, and announcements are posted. Commercial transactions do not take place here. Landscape. An expanse of natural scenery or the addition or preservation of lawns supplemented by, shrubs, trees, plants or other natural and decorative features to land. Landscape surface ratio (LSR). A measure, expressed as a percentage, of the area to be landscaped on a site determined by dividing the area of the site activity landscaped by the total area of the lot, parcel, or tract of land. Light trespass. Light from an artificial light source that is intruding onto adjacent properties and is a nuisance. Livestock. Swine, sheep, cattle, poultry or other animals or fowl which are being produced primarily for food, fiber, or food products for human consumption. Loading and unloading area. The area on a lot designated for bulk pickup and deliveries of merchandise and materials directly related to the use on said lot. Lot. A parcel of land intended to be separately owned, developed, or otherwise used as a unit, established by plat, subdivision or as otherwise permitted by law. Lot area. The total horizontal area in square feet within the lot lines of a lot excluding designated future public rights -of -way. Lot, corner. A lot abutting on two (2) or more streets at their intersection. Lot coverage. A measure of intensity of land use that represents the portion of a site that is impervious (i.e. does not absorb water). This portion includes, but is not limited to, all areas covered by buildings, parked structures, driveways, roads, sidewalks, and any area of concrete or asphalt. Lot, depth of. The shortest horizontal distance between the front and rear lot lines. Lot, double frontage. An interior lot having frontage on two streets. Lot, flag. A lot not fronting on or abutting a public roadway or having limited frontage necessary for access and where access to the public roadway is essentially limited to a narrow private right -of -way. Lot, interior.A lot other than a corner lot. Lot line. A line dividing one (1) lot from another lot or from a street or alley. Lot line, front. On an interior lot, the lot line abutting a street or right -of- way; or, on a corner lot, the shorter lot line abutting a street or right -of -way; or, on a through lot, the lot line abutting the street or right -of -way providing the primary access to the lot. Lot Line, rear. The lot line located opposite the front line. Lot line, side. Any boundary of a lot, which is not a front lot line or a rear lot line. Lot of record. A lot which has been legally recorded in the Clerk's Office of the Circuit Court of Isle of Wight County. Lot, through. A lot having its front and rear yards each abutting on a street. Lot width. The horizontal distance between the side lot lines, measured at the required front setback line. Luminary. A lighting fixture assembly or source of artificial illumination including, but not limited to, bulbs, lamps, reflectors, refractors, and housing associated with them. 216 Manufactured home. Manufactured means a structure constructed to federal standards, transportable in one or more sections, which, in the traveling mode, is 8 feet or more in width and is 40 feet or more in length, or when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. Mean sea level. National Geodetic Vertical Datum (NGVD) of 1929 to which all elevations on the FIRM (Flood Insurance Rate Map) and within the flood insurance study are referenced. Mixed -use structure. A building or other structure containing a combination of two or more different principal uses. Motor vehicle. Any self - propelled vehicle designed primarily for transportation of persons of goods along public streets or alleys, or other public ways. Net developable area, The land deemed suitable for development within a given area or parcel. It is calculated by subtracting the sensitive environmental areas within the area or parcel that should be protected from development and the estimated right -of -way requirements and existing regional transmission line easement s and rights -of way from the total gross area. The result is the net developable area, which provides a realistic measure of land holding capacity for an area or parcel in the County. Refer to section 5 -4000, Net Developable Area, for additional information on net developable area. New construction. For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM (Flood Insurance Rate Map) or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For flood plain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a flood plain management regulation adopted by a community and includes any subsequent improvements to such structures. Nonconforming activity or use. The otherwise legal use of a building or structure or of a tract of land that does not conform to the use regulations of this ordinance for the district in which it is located, either at the effective date of this ordinance or as a result of subsequent amendments to the ordinance. Nonconforming building or structure. An otherwise legal building or structure that does not conform with the yard, height, maximum density or other bulk regulations, or is designed or intended for a use that does not 217 conform to the use regulations, of this ordinance for the district in which it is located, either at the effective date of this ordinance or as result of subsequent amendments. Nonconforming lot. An otherwise legally platted Iot that does not conform to the minimum area or width requirements for the district in which it is located either at the effective date of this ordinance or as a result of subsequent amendments to this ordinance. Nonconforming site. An otherwise legal site for which existing improvements do not conform to the lot coverage, bufferyard, landscaping, parking and other site requirements set forth in the zoning or special overlay district in which it is located either at the effective date of this ordinance or as a result of subsequent amendments to this ordinance. Office park. A large tract of land that has been planned, developed, and operated as an integrated facility for a number of separate office buildings and supporting ancillary uses with special attention given to circulation, parking, utility needs, aesthetics, and compatibility. Official zoning map. The map or maps, together with all subsequent amendments thereto, which are adopted by reference as a part of this ordinance and which delineate the zoning district boundaries. Open space. An area that is intended to provide light and air, and is designed, depending upon the particular situation, for environmental, scenic or recreational purposes. Open space may include, but need not be limited to lawns, decorative plantings, walkways, active and passive recreation areas, playgrounds, fountains, swimming pools, wooded areas, and watercourses. Open space shall not be deemed to include structures, driveways, parking lots or other surfaces designed or intended for vehicular traffic. Open space, common. Open space that is accessible to all occupants of a particular development and is not restricted to use by occupants of an individual lot or structure. Open space ratio (OSR). A measure, expressed as a percentage, of site open space determined by dividing the gross open space area of a lot, parcel or tract of land by the total area of that lot, parcel or tract of land. Parking area aisle- That portion of the parking area consisting of lanes providing access to parking spaces. Parking area, lot or structure. An off - street area for parking or loading and unloading, whether required or permitted by this ordinance, including driveways, access ways, aisles, and maneuvering areas, but not including any public or private street right -of -way. 218 Parking space. A portion of the parking area set aside for the parking of one (1) vehicle. Patio. A level surfaced area, directly adjacent to a principal building, without walls or a roof intended for outdoor lounging, dining, and the like, which has an average elevation of less than 30 inches from finished grade. Permit, building. An official document or certification permit that is issued by the building official and which authorizes the construction, alternation, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, demolition, moving or repair of a building or structure. This permit should not be a substitute for a zoning permit. Permit, conditional use. A permit issued by the county board of supervisors authorizing the operation of a use under certain conditions and standards. Permit, special use. A permit issued by the county board of supervisors authorizing a use not otherwise provided for in this ordinance as a permitted or conditional use. Permit, zoning. A permit issued by the zoning administrator that authorizes the recipient to make use of property in accordance with the requirements of this ordinance. Phase I archeological study. A survey of archaeological resources undertaken in accordance with the Secretary of the Interior's Standards and Guidelines (48 FR, 44742) as may be amended and the Guidelines For Conducting Cultural Resource Survey in Virginia prepared by the Virginia Department of Historic Resources, as may be amended. Photometric plan. A diagram consisting of lines showing the relative illumination in foot candles from a light source or group of light sources. Planning commission. The Isle of Wight County planning commission. Porch- A projection from a main wall or a building which can be covered, with a roof, or uncovered. The projection may or may not use columns or other ground supports for structural purposes. Portable on demand storage units. Also known as a POD, a large container used for temporary storage. A POD is hauled to the property, loaded with items, hauled from the property and stored in a storage yard. Poultry. Domestic fowl normally raised on a farm such as chickens, ducks, geese and turkeys. 219 Preliminary and final site development plan. Site development plans prepared by a certified or licensed engineer, surveyor, architect or landscape architect that is required for development proposals outlined in section 7- 2004, preliminary and final site development plan requirements. Principal building or structure. A building or structure in which the primary or main use of the property on which the building is located is conducted and distinguished from an accessory or secondary building or structure on the same premises. Principal use. A use which represents the primary or main use of the land or structure which is distinguished from an accessory use on the same premises. Proffer. A condition voluntarily offered by the applicant and owner for a rezoning that limits or qualifies how the property in question will be used or developed. Public water and sewer system. A water or sewer system owned and operated by a municipality or county, or owned and operated by a private individual or a corporation approved by the governing body and properly licensed by the State Corporation Commission or other applicable agency, and subject to special regulations as herein set forth. Public way. Any sidewalk, street, alley, highway or other public thoroughfare. Recreation, active. Leisure activities, usually organized and performed with others, often requiring equipment and constructed facilities, taking place at prescribed places, sites, or fields. The term active recreation includes, but is not limited to, swimming, tennis, and other court games, baseball and other field sports, golf and playground activities. Recreation, passive. Recreation that involves existing natural resources and has a minimal impact. Such recreation does not require development of the site nor any alternation of existing topography. Such passive recreation shall include, but not be limited to, hiking, picnicking, and bird watching. Recreational vehicle. A vehicle designed to be self - propelled or permanently towable; and not designed for use as a permanent dwelling but as temporary living quarters for recreational camping, travel, or seasonal use. Redevelopment. The process of using land that contains or previously contained development. Required open space. Any space required in any front, side or rear yard. 220 Residential plot plan. A plan submitted for the construction or location of all new single - family detached dwellings or two - family dwellings on an existing or platted lot. This plan shall meet the requirements of section 7- 2002, residential plot plan. Right -of -way. A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or other special use. Road. See Street. Satellite dish antenna. See Antenna. Screening. The act of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms, or required planted vegetation. Screen material. Materials that have been outlined in section 8-2003E, for the screening of storage yards, service structures and equipment. Service building. A building used to house stationary or movable service equipment and mechanical equipment for the maintenance and function of onsite machinery. Setback. The required minimum horizontal distance between the building line and the related front, side, or rear property line. A setback is meant from a street not a driveway. Setback line. A line within a lot parallel to a corresponding lot line, which is the boundary of any specified front, side, or rear yard, or the boundary of any public- right -of -way whether acquired in fee, easement, or otherwise, or a line otherwise established to govern the location of buildings, structures or uses. Where no minimum front, side, or rear yards are specified, the setback line shall be coterminous with the corresponding lot line. Shopping center. A group of architecturally unified and related retail establishments which is planned, developed, owned, and managed as a single operating unit. The establishments contained within a shopping center are related to each other and the market area served in terms of size, type, location, and market orientation. Shrub. A relatively low growing, woody plant typified by having several permanent stems instead of a single trunk. Shrub, deciduous. Any shrub which sheds its foliage during a particular season of the year. 221 Shrub, evergreen. Any shrub which retains its green foliage throughout the entire year. Sign. Any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, call attention to, or identify the purpose of a person or entity, or to communicate information of any kind to the public. Sign, animated. Any sign that uses movement or change of lighting to depict action or to create a special effect or scene. This shall not include a variable message sign. Sign, banner. Any sign of lightweight fabric or similar material that is mounted to a pole or a building by one (1) or more of its edges. National flags, state, or municipal flags, or the official flag of any institution or business shall not be considered banners. Sign, beacon. Any light with one (1) or more beams directed into the atmosphere or directed at one (1) or more points not on the same zone lot as the light source; also, any light with one (1) or more beams that rotate or move. Sign, billboard. An off - premises sign owned by a person, corporation, or other entity that engages in the business of selling the advertising space on that sign. Sign, canopy. Any sign that is part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. Sign, commercial message. Any wording, logo, or other representation that, directly or indirectly, names, advertises, or calls- attention to a business, product, service, or other commercial activity. Sign, facade. Any sign attached to any part of a building, as contrasted to a freestanding sign. Sign, flag. Any fabric or bunting containing distinctive colors, patterns, or symbols, used to communicate a message or draw attention to a development, business, land use, or other similar entity. Sign, freestanding. A sign that is attached to, erected on, or supported by some structure (such as a pole, mast, frame, or other structure) that is not itself an integral part of or attached to a building or structure whose principal function is something other than the support of a sign. Sign, internally illuminated. A sign where the source of the illumination is inside the sign and light emanates through the message of the sign, rather 222 than being reflected off the surface of the sign from an external source. A sign that consists of or contains tubes that (i) are filled with neon or some other gas that glows when an electric current passes through it and (ii) are intended to form or constitute all or part of the message of the sign, rather than merely providing illumination to other parts of the sign that contain the message, shall also be considered an internally illuminated sign. Sign, marquee. A roof -like structure of a permanent nature which projects from the wall of a building or its supports and may overhang the public way. Sign, nonconforming. Any sign that does not conform to the requirements of this ordinance. Sign, off - premise. A sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction that draws attention to a cause or advocates or proclaims a political, religious, or other noncommercial message, or other enterprise or activity that exists or is conducted, sold, offered, maintained, or provided at a location other than the lot on which the sign is located. Sign, on- premise. A sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction, or other enterprise or activity that exists or is conducted, sold, offered, maintained, or provided on the lot where the sign is located. Sign, on- premise directional. A sign which is intended to provide directional information for the premises on which it is located. Such signage may pertain to traffic movement, pedestrian movement, vehicle parking or loading spaces, or similar types of information, but shall not consist of advertising matter or commercial messages, including logos. Sign, pennant. Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from or supported by a rope, wire, or string, usually in series, designed to move in the wind. Sign, portable. Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels, signs converted to "A" or "T" frames; menu and sandwich board signs, balloons used as signs, umbrellas used for advertising, and signs attached to or painted on vehicles parked and visible from the public right -of -way, unless said vehicle is used in the normal day -to -day operations of the business; such vehicles shall be parked only in a designated parking space. Sign, special event. A sign for the purpose of circuses, fairs, carnivals, festivals, and other types of special events that (i) run for not longer than two (2) weeks, (ii) are intended or likely to attract substantial crowds, and (iii) are 223 unlike the customary or usual activities generally associated with the property where the special event is to be located. Sign, suspended. A sign that is suspended from the underside of a horizontal plane surface and is supported by such surface. Sign, temporary. A sign that is used in connection with a circumstance, situation, or event that is designed, intended, or expected to take place or to be completed within a reasonably short or definite period after the erection of such sign; or, is intended to remain on the location where it is erected or placed. If a sign display area is permanent but the message displayed is subject to periodic changes, that sign shall not be regarded as temporary. Sign, wall. Any sign attached parallel to, but within six (6) inches of a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one (1) sign surface. Sign, window. Any sign, pictures, symbol, or combination thereof designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window. Simplified site plan. A plan submitted for a change or expansion of a commercial, civic, office or industrial use on an existing site and meets the requirements of section 7 -2003. Site development plan, preliminary /final. A plan, to scale, showing uses and structures proposed for a parcel of land as required by the regulations pertaining to site plans in this ordinance. Includes lot lines, streets, building sites, reserved open space, buildings, major landscape features -both natural and man made -and any other requirements outlined by article VII. Slope. The degree of deviation of a surface from the horizontal, usually expressed as a percentage. Slope shall be measured as the vertical rise or fall to horizontal distance of terrain measured perpendicular to the contour lines at horizontal intervals of more than 10 feet. Specified anatomical area. Such areas include less than completely and opaque covered human genitals, pubic region, buttocks, female breasts below a point immediately above the top of the areola, and human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified sexual activity. Such activity includes human genitals in a state of sexual stimulation or arousal, an act of human masturbation, sexual intercourse or sodomy, and fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts. 224 Start of construction. The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of pipes, the construction of columns, or any work beyond the state of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and /or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration on any wall, ceiling, floor, or other structural part of a building, whether or not the alteration affects the external dimensions of the building. Storage. The keeping, either indoors or outdoors, of equipment, vehicles, or supplies used in the conduct of a trade, business, or profession. Stormwater management. For quantitative control, a system of vegetative and structural measures that control the increased volume and rate of surface runoff caused by manmade changes to the land; and for qualitative control, a system of vegetative, structural, and other measures that reduce or eliminate pollutants that might otherwise be carried by surface runoff. Stormwater management practice, nonstructural. A stormwater management technique that utilizes the ecological and environmental aspect of a site or area for the collection, conveyance, channeling, holding, retaining, detaining, infiltration, diverting, treating or filtering of surface water, and /or runoff. Stormwater management practice, structural. A stormwater management technique that utilizes a man -made facility and/or apparatus for the collection, conveyance, channeling, holding, retaining, detaining, infiltration, diverting, treating or filtering of surface water, and/or runoff. Story. That portion of a building, other than the basement, included between the surface of any floor and the surface of the floor next above it. If there is no floor above it, the space between the face and the ceiling next above it. Story, half. A space under a sloping roof, which has the line of intersection of roof decking and wall not more than three (3) feet above the top floor level, and in which space more than two - thirds (2/3) of the floor area is finished off for use other than storage. 225 Street. A public or private thoroughfare used, or intended to be used, for passage or travel by motor vehicles. A street serves three or more lots. The word "street" shall include the words "road", and "highway ". Street, arterial. A street specifically designed to move high volumes of traffic from collector streets through the county and not designed to serve abutting lots except indirectly through intersecting streets. Arterial Streets shall include all U.S. Highways, state primaries with one, two or three -digit numbers, and any other street which the subdivision agent determines is functionally equivalent to these transportation department classifications. Street, collector. A relatively low- speed, low - volume street that provides circulation within and between neighborhoods. Collector streets usually serve short trips and are intended for collecting trips from local streets and distributing them to the arterial network. They also form a secondary network of cross county connectivity. Street, public. A public street or street with respect to which an offer of dedication has been made and improvements completed which are consistent with the Isle of Wight County Subdivision Ordinance and the requirements of the Virginia Department of Transportation or a street or portion thereof which is included in the State Primary or Secondary Road System. Structure. Anything constructed or erected, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground. Among other things, structures include buildings, mobile and manufactured homes, walls, fences, signs, piers, and swimming pools, etc. Subdivision. The division or resubdivision of a lot, tract, or parcel of land by any means into two (2) or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, transfer of ownership or building or lot development. The term subdivision shall also mean the following: (1) Any development of a parcel of land which involves installation of sanitary sewers, water mains, gas mains or pipes, or other appropriate facilities for the use, whether immediate or future, of the owners or occupants of the land, or of the building abutting thereon. (2) Any development of a parcel of land involving two (2) or more principal structures or involving shopping centers, multiple dwelling projects and the like which require the installation of streets and /or alleys, even though the streets and alleys may be not dedicated to public use and the parcel may be divided for purposes of conveyance transfer or sale. (3) Any development of a parcel of land involving two (2) or more principal structures or involving shopping centers, multiple dwelling projects 226 and the like which require the installation of streets and/or alleys, even thought the streets and alleys may not be dedicated to public use and the parcel may not be dedicated to public use and the parcel may not be divided for purposes of conveyance, transfer or sale. (4) The term "subdivision" includes resubdivision, and as appropriate in this ordinance, shall refer to the process of subdividing the land or to the land subdivided. Substantial damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to it's before damaged condition would equal or exceed fifty percent (50 %) of the market value of the structure before the damaged occurred. Substantial improvement. Damage of any origin sustained by a structure, the cost of which equals or exceeds fifty percent (50 %) of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged, and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications or any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure. Tower. Any structure that is intended for transmitting or receiving television, radio, telephone, digital, or other similar communications or is used to support a communication antenna or other similar device. Tract. See Lot. Traffic impact analysis (TIA). An analysis of the effect of traffic generated by a development on the capacity, operations, and safety of the public street and highway system. Tree, heritage. Any tree or shrub which has been designated by ordinance of the Isle of Wight County Board of Supervisors as having notable historic or cultural significance to any site or which has been so designated in accordance with an ordinance adopted pursuant to section 15.2- 503 of the Code of Virginia, as amended. Tree, mature. Any deciduous or evergreen tree with a minimum diameter of fourteen (14) inches when measured four (4) and one -half (1 /2) feet above ground level. 227 Tree, significant. Any deciduous or evergreen tree with a minimum diameter of twenty -two (22) inches when measured four (4) and one -half (1/2) feet above ground level. Trip generation. The number of trip ends caused, attracted, produced, or otherwise generated by a specific land use, activity, or development in accordance with the latest edition of the Trip Generation Manual, published by the Institute of Transportation Engineers. Use. The purpose or activity, for which a piece of land or its buildings is designed, arranged or intended, or for which it is occupied or maintained. Use, permitted. A use, which may be lawfully established in a particular district or districts, provided it conforms with all regulations, requirements, and standards of this ordinance. Utility facility. Any above or below ground structure or facility (other than buildings, unless such buildings are used as storage incidental to the operation of such structures or facilities) owned by a governmental entity, a nonprofit organization, a corporation, or any entity defined as a public utility for any purpose and used in connection with the production, generation, transmission, delivery, collection, or storage of water, sewage, electricity, gas oil, or electromagnetic signals. Variance. A waiver of the dimensional and numeric requirements of this ordinance approved by the board of zoning appeals in accordance with section 1 -1019 of this Ordinance.. Video arcade. See Commercial indoor amusement listed under commercial use types. Vehicle. See Motor vehicle. Vehicle moving area. Any area on a site where vehicles park or drive. Watercourse. Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine, or wash, in and including any area adjacent thereto which is subject to inundation by water. Wooded area. An area of contiguous wooded vegetation where trees are at a density of at least one (1) six (6) inch or greater diameter at breast height (DBH) tree per three hundred twenty-five (325) square feet of land and where the branches and leaves form a contiguous canopy. Yard. An open space on the same lot with a building or structure, unoccupied and unobstructed from the ground up, except as otherwise permitted in this ordinance. 228 Yard, corner side. A side yard adjoining a public or private street. Yard, front. A yard extending along the full width of the front lot line between the side lot lines and from the front lot line to the front building line in depth. Yard, interior side. A side yard, which is located immediately adjacent to another lot or to an alley separating such yard from another lot. Yard, rear. A yard extending along the full length of the lot and Lying between the rear lot line and the nearest line of the building. Rear yard depth shall be measured at right angles to the rear line of the lot. Yard, side. A yard lying between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard, or in the absence of either of such front or rear yards, to the front or rear lot lines. Side yard width shall be measured at right angles to side lines of the lot. Zero lot line. The location of a structure on a lot in such a manner that one (1) of the structure's sides rest directly on a lot line. Zoning administrator. The person designated as the official responsible for enforcing and administering all requirements of the Isle of Wight County Zoning Ordinance, or his duly authorized designee. Zoning, base district. Those base underlying zoning districts other than special overlay districts set forth in article IV. Zoning, planned development district. Land area of minimum size, as specified by district regulations, to be planned and developed using a common master zoning plan, and containing one (1) or more uses and appurtenant common areas. Zoning, special overlay district. A district, which is placed over the existing base zoning and imposes additional restrictions and includes all those districts listed as Special Overlay Zoning Districts in article IV. Zoning, underlying district. See Zoning, base district. NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors that Appendix B, Zoning, Article VI, Overlay Districts, Section 6 -1003, Affected Development of the Isle of Wight County Code be amended and reenacted as follows: Sec. 6 -1003. Affected development. 229 (a) Review required. All proposed development activities located within the Highway Corridor Overlay District shall be reviewed and approved by the Zoning Administrator and the Development Review Committee in accordance with the regulations contained herein and Part 2 of Article VII (Development review). Any changes shall also receive such approval before proceeding. (b) Development activity permitted within the district. There shall be no expansion or enlargement of the existing condition of the lands, uses or structures, or change in use as defined in Section 5 -1003, Change In Use within the Highway Corridor Overlay District from the date of enactment of this article henceforth, except as provided for by this section or by other sections of this article. (c) Development activity prohibited within the district. These regulations are supplementary to the permitted uses and requirements for the appropriate underlying zoning district as contained in the Isle of Wight County Zoning Ordinance. Uses prohibited in the underlying zoning district are also prohibited in the Highway Corridor Overlay District. (7- 7 -05.) NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors that Appendix B, Zoning, Article VI, Overlay Districts, Section 6 -1004, Exemptions to the Highway Corridor Overlay District requirements of the Isle of Wight County Code be amended and reenacted as follows: Sec. 6 -1004. Exemptions to the Highway Corridor Overlay District requirements. (a) Single - family dwellings. The construction of detached single- family dwellings on individual lots or parcels within the Highway Corridor Overlay District which are not located within a residential subdivision are exempt from this section. For the purpose of this section, a subdivision shall consist of a minimum of five (5) lots all platted at the same time. Also, construction of detached single - family dwellings on lots or parcels within a residential subdivision are exempt if the subdivision plat was legally recorded prior to adoption of this section. (b) Agricultural structures. The construction of bona -fide agricultural structures required for on- premise farming operations involving the cultivation of crops or the raising and keeping of livestock and the preparation of land for cultivation of crops are exempt from this section. (c) Forestry operations. Timbering or silvicultural activities is permitted upon any lot, parcel, or tract of land located within the district except that clear cutting in any district other than lands zoned RAC, shall not occur within at least seventy (70) feet from any of the arterial rights -of -way as designated in 6 -1002. 230 (d) Non - conforming sites developed or platted prior to November 5, 1992. Exemptions, whether partial or total, from Highway Corridor Overlay District site design provisions may be granted by the Development Review Committee in accordance with Section 7 -2000 (Development review) if it can be sufficiently demonstrated that such requirements will create an undue hardship upon an existing situation. In such cases, the Development Review Committee may require, the establishment of shared parking and access easements between adjacent non - conforming properties or other consistent provisions to accomplish the purpose and intent of the district. (1) A one -time exemption may be granted by the Zoning Administrator for the expansion of an existing developed property to enlarge the total square footage of the principle building by not more than twenty- five percent (25 %) of the total floor area; however, in no case shall such an expansion exceed twenty-five hundred (2500) square feet. Any subsequent future expansion of floor area will require compliance with the standards of this district. (2) A one time exemption may be granted by the zoning administrator for a single accessory building of no greater than five- hundred (500) square feet. Any subsequent future expansion of floor area will require compliance with the standards of this district (7- 7 -05.) NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors that Appendix B, Zoning, Article VI, Overlay Districts, Section 6 -1006, Permitted Activity in the Minimum Visual Buffer of the Isle of Wight County Code be amended and reenacted as follows: Sec 6 -1006. Permitted activity in the minimum visual buffer. (a) Within the minimum visual buffer there shall be no development, clearing, grading, or construction activity with the following exceptions: (1) Roadway or driveway access to the portion of the site not in the minimum visual buffer is permitted provided that it is approximately perpendicular to the arterial public right -of -way; (2) Water, sanitary sewer, storm drainage, electrical, telephone, natural cable, and utility service lines may be installed below the surface of the ground at right angles provided that the natural vegetation is preserved and protected to the greatest extent practicable. Where such existing or proposed utility easements substantially reduce the area devoted to landscaping in the buffer, an additional amount of landscaping beyond the seventy (70) feet may be required; 231 (3) Sidewalks, or other pedestrian and bicycle paths designed to provide continuous connection along the road corridor may be permitted, provided that they can be constructed without materially reducing the screening and visual softening capacity of the bufferyard; (4) Signs are permitted in accordance with Section 6 -1010 (Sign regulations in the Highway Corridor Overlay District); (5) Clearing for sight distances is permitted at the entrances and exits to any development as needed to provide for reasonable traffic safety, in accordance with accepted traffic engineering practices recommended or required by the Virginia Department of Transportation; (6) The trimming of existing limbs or branches of preserved trees is permitted, when approved by the Zoning Administrator; (7) When, in the opinion of the zoning administrator, the addition of plantings and earthen berms or masonry walls would better achieve the purposes of this district in lieu of retaining existing vegetation, Landscape Option IV of Section 8 -1006 (Landscaping Grid) shall be utilized. (b) The following cases anticipate those situations where the Development Review Committee may determine that the bufferyard requirement may be relaxed or removed. (1) Views and vistas of existing buildings which heighten the visual experience, serve as important points of spatial identification or contain value as important historical resources; (2) Views and vistas of existing natural landscape /topographical features of a particular area of the district which correspond to certain high points affording panoramic views, views involving settlement clusters, views of water, tidal and non -tidal wetlands, tributary streams, and other elements of the physical landscape; (3) Views and vistas to existing recreational /open space areas, whether natural or man -made, which serve to contribute to the overall visual environment. Such uses include, but are not limited to, golfcourses, state or local parks, equestrian centers, and cemeteries etc.; (4) Views and vistas which give the observer an awareness of a location's inherent character related to views of farmland, pastures, and water activities, such as docks or other maritime activities. (c) Where a proposed development intends to further enhance or protect the existing visual environment, the Development Review Committee may exempt, wholly or partially, the proposed development from the required bufferyard. Examples include the following: 232 (1) A proposed development which by virtue of the characteristics of its structures indicates innovation of design, a unique relationship with the site, represents a focal point and establishes a particular identifying element for the county; (2) A proposed development which exhibits innovative or unique uses of site landscaping, or which combines in the use of the site, open recreational areas such as described above (7- 7 -05.) NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors that Appendix B, Zoning, Article VI, Overlay Districts, Section 6 -1014, Exceptions of the Isle of Wight County Code be amended and reenacted as follows: Sec. 6 -1014. Exceptions. (a) A request for an exception to the requirements of the Highway Corridor Overlay District shall be made in writing to the Zoning Administrator for consideration by the Development Review Committee in accordance with Section 7 -2000 (Development review). The request shall be accompanied by those documents determined by the Zoning Administrator to be necessary for the Development Review Committee's consideration of the request. (b) The Development Review Committee in formulating a decision shall consider the following: (1) Such exception shall be no less beneficial to the residents or occupants of the development, as well as neighboring property, that would be obtained under the applicable regulation; (2) That the exception is reasonable because of the high level of design and construction that will be incorporated in the development; (3) That the exception will result in design and construction that is in accordance with accepted engineering and building standards. (c) Applicants shall be informed in writing of the outcomes of the Development Review Committee and the process for appeal to the Board of Supervisors; in accordance with Section 7 -2000 (Development review) should the request be denied. The Board of Supervisors, following a recommendation by the Planning Commission shall direct its determination and findings to the Zoning Administrator and the applicant in writing not more than five (5) working days after taking action. (d) Any person or persons jointly or severally aggrieved by a decision of the Board of Supervisors may present to the circuit court of the County of 233 Isle of Wight a petition specifying the grounds on which aggrieved within thirty (30) days after the final decision of the Board of Supervisors. Costs shall not be allowed against the Board of Supervisors, unless it shall appear to the court that it acted in bad faith or with malice in making the decision appealed therefrom (7- 7 -05.) NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors that Appendix B, Zoning, Article VI, Overlay Districts, Section 6 -2003, Affected Development of the Isle of Wight County Code be amended and reenacted as follows: Sec. 6 -2003. Affected development. (a) Review required. All proposed development activities located within the Newport Development Service Overlay District shall be reviewed and approved by the Zoning Administrator and the Development Review Committee in accordance with the regulations contained herein and Part 2 of Article VII (Development review). Any changes made to the plan, after initial approval by the Zoning Administrator must receive additional approval by the Zoning Administrator. (b) Development activity permitted within the district. There shall be no expansion or enlargement of the existing condition of the lands, uses or structures, or change in use as defined in Section 5 -1003, Change In Use within the Newport Development Service Overlay District from the date of enactment of this section henceforth, except as provided for by this section or by other sections of this ordinance. (c) Development activity prohibited within the district. These regulations are supplementary to the permitted uses and requirements for the appropriate underlying zoning districts. Uses prohibited in the underlying zoning districts are also prohibited in the Newport Development Service Overlay District (7- 7 -05.) NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors that Appendix B, Zoning, Article VI, Overlay Districts, Section 6 -2004, Exemptions to the Newport Development Service Overlay District Requirements of the Isle of Wight County Code be amended and reenacted as follows: Sec. 6 -2004. Exemptions to the Newport Development Service Overlay District requirements. (a) Single - family dwellings. The construction of detached single- family dwellings on individual lots or parcels within the Newport Development Service Overlay District which are not located within a residential subdivision are exempt from this section. For purposes of this section, a residential subdivision shall consist of a minimum of five (5) lots all platted 234 at the same time. Construction of detached single - family dwellings on lots or parcels within a residential subdivision are exempt if the subdivision plat was legally recorded prior to adoption of this section. (b) Agricultural structures. The construction of bona -fide agricultural structures required for on- premise farming operations involving the cultivation of crops or the raising and keeping of livestock and the preparation of land for cultivation of crops are exempt from the requirements of this district. (c) Forestry operations. Timbering or silvicultural activities is permitted upon any lot, parcel, or tract of land located within the district except that clear cutting in any district, other than lands zoned RAC, shall not occur within at least seventy (70) feet from any of the following arterial rights -of- way: (1) United States Highway Route 17; (2) United States Highway Route 10; (3) Unites States Highway Route 32 & 258. (d) Non - conforming sites developed or platted prior to November 5, 1992. Exemptions, whether partial or total, from Newport Development Service Overlay District site design provisions may be granted by the Development Review Committee in accordance with Section 7 -2000 (Development Review) if it can be sufficiently demonstrated that such requirements will create an undue hardship upon an existing situation. In such cases, the Development Review Committee may require, the establishment of shared parking and access easements between adjacent non- conforming properties or other consistent provisions to accomplish the purpose and intent of the district. (1) A one -time exemption may be granted by the Zoning Administrator for the expansion of an existing developed property to enlarge the total square footage of the principle building by not more than twenty - five percent (25 %) of the total floor area; however, in no case shall such an expansion exceed twenty -five hundred (2500) square feet. Any subsequent future expansion of floor area will require compliance with the standards of this district. (2) A one -time exemption may be granted by the Zoning Administrator for a single accessory building of no greater than five hundred (500) square feet. Any subsequent future expansion of floor area will require compliance with the standards of this district (7- 7 -05.) NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors that Appendix B, Zoning, Article VI, 235 Overlay Districts, Section 6 -2006, Permitted Activity in the Minimum Visual Buffer of the Isle of Wight County Code be amended and reenacted as follows: Sec. 6 -2006. Permitted activity in the minimum visual buffer. (a) Within the minimum visual buffer there shall be no development, clearing, grading, or construction activity with the following exceptions: (1) Roadway or driveway access to the portion of the site not in the minimum visual buffer is permitted provided that it is approximately perpendicular to the arterial public right -of -way; (2) Water, sanitary sewer, storm drainage, electrical, telephone, natural cable, and utility service lines may be installed below the surface of the ground at right angles, provided that the natural vegetation is preserved and protected to the greatest extent practicable in compliance with Section 8- 1007.B, Bufferyard Design Standards; (3) Sidewalks, pedestrian pathways and bicycle paths designed to provide continuous connection along the road corridor may be permitted, provided that they can be constructed without materially reducing the screening and visual softening capacity of the bufferyard; (4) Signs are permitted in accordance with Article IX. (5) Clearing for sight distances is permitted at the entrances and exits to any development as needed to provide for traffic safety, in accordance with accepted traffic engineering practices recommended or required by the Virginia Department of Transportation; (6) The trimming of existing limbs or branches of preserved trees is permitted when approved by the Zoning Administrator if understory planting is installed; (7) When, in the opinion of the Zoning Administrator, the addition of plantings and earthen berms or masonry walls would better achieve the purposes of this district in lieu of retaining existing vegetation, Landscape Option IV of Section 8 -1006 (Landscaping Grid) shall be utilized. (b) The following cases anticipate those situations where the Development Review Committee may determine that the bufferyard requirement may be relaxed or removed: (1) Views and vistas of existing buildings which heighten the visual experience serve as important points of spatial identification or contain value as important historical resources; 236 (2) Views and vistas of existing natural landscape /topographical features of a particular area of the district which correspond to certain high points affording panoramic views, views involving existing patterns of development, views of water, tidal and non -tidal wetlands, tributary streams, and other elements of the physical landscape; (3) Views and vistas to existing recreational /open space areas, whether natural or man -made, which serve to contribute to the overall visual environment. Such uses include, but are not limited to, golf courses, state or local parks, equestrian centers, cemeteries; (4) Views and vistas which give the observer an awareness of a location's inherent character related to views of farmland, pastures, and water activities, such as docks or other maritime activities. (c) Where a proposed development intends to further enhance or protect the existing visual environment, the Development Review Committee may exempt, wholly or partially, the proposed development from the required bufferyard. Examples include the following: (1) A proposed development, which by virtue of the characteristics of its structures, indicates innovation of design, a unique relationship with the site, represents a focal point and establishes a particular identifying element for the County; (2) A proposed development, which exhibits innovative or unique uses of site landscaping, or which combines in the use of the site, open recreational areas such as described above (7- 7 -05.) NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors that Appendix B, Zoning, Article VI, Overlay Districts, Section 6-2011, Exceptions of the Isle of Wight County Code be amended and reenacted as follows: Sec. 6-2011. Exceptions. (a) A request for an exception to the requirements of the Newport Development Service Overlay District shall be made in writing to the Zoning Administrator for consideration by the Development Review Committee in accordance with Section 7 -2000 (Development Review). The request shall be accompanied by those documents determined by the Zoning Administrator to be necessary for the Development Review Committee's consideration of the request. (b) The Development Review Committee in formulating a decision shall consider the following: (1) Such exception shall be no less beneficial to the residents or occupants of the development, as well as neighboring property, that would be obtained under the applicable regulation; (2) That the exception is reasonable because of the high level of design and construction that will be incorporated in the development; (3) That the exception will result in design and construction that is in accordance with accepted engineering and building standards. (c) Applicants shall be informed in writing of the outcomes of the Development Review Committee and the process for appeal to the Board of Supervisors; in accordance with Section 7 -2000 (Development Review) should the request be denied. The Board of Supervisors, following a recommendation by the Planning Commission shall direct its determination and findings to the Zoning Administrator and the applicant in writing not more than five (5) working days after taking action. (d) Any person or persons jointly or severally aggrieved by a decision of the Board of Supervisors may present to the circuit court of the County of Isle of Wight a petition specifying the grounds on which aggrieved within thirty (30) days after the final decision of the Board of Supervisors. Costs shall not be allowed against the Board of Supervisors, unless it shall appear to the court that it acted in bad faith or with malice in making the decision appealed therefrom (7- 7 -05.) The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. The application of E. C. Whitley Enterprises Inc., applicant, and Whitley- Hawkins Holdings LLC, owner, for a Conditional Use Permit to extend the life of a borrow pit operation for an additional five (5) years. The borrow pit totals ten (10) acres of land located on a private road, six tenths of a mile off of Airport Drive, in the Carrsville Election District, for the purpose of processing and the removal of sand for commercial sale. The mining operation will create a lake to provide for farm irrigation and wildlife habitat. Ms. Walkup presented the following application noting that it had been postponed by the Board at its August 6, 2009 meeting. She advised that the applicant is willing to maintain a $1,000 per acre bond, but the Ordinance now requires a $10,000 per acre bond. She advised that there had been a question expressed whether or not the County could enforce any reclamation if the operator abandoned the site and that the State has informed staff that the County is no longer a waivered county, which means that the State would perform the actual reclamation should a site be abandoned. She stated that because the County already has a bond in place and funds were originally 238 created for orphan land mines, the purpose of abandoned pits is the reason that they started the funds and now the operators pay into the State's fund and they get a portion of the funds returned, but it is more so to support an orphan land mine program. Supervisor Bradshaw moved that the application be approved, as conditioned, that the bond amount be maintained at $1,000 per acre. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that staff be directed to look into the ordinances that the County has involving bonds for borrow pits, as well as review the waivered rights for reclamation to see if they can be restored. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Supervisor Bradshaw moved to revert back to the regular order of the agenda. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. 1/ Chairman Brown declared a break. Chairman Brown called for the County Administrator's report. Bruce Bruchey, Powell Management, presented Amendments 4 and 5 to the Professional Services Agreement for the Young -Laine Courts Building for the Board's consideration. He advised that Amendment #4, in the amount of $12,768, was necessitated because of changes in the Chesapeake Bay regulations requiring additional inspections and as -built certification of storm water management facilities and that Amendment #5, in the amount of $17,770, covers additional services by the design team due to rebidding following the cancellation of the original Invitation for Bids, the revision between the Invitation for Bids for the first round and the second round of bidding with respect to the reconfiguration of offices in the Sheriff's office. He advised that funding for both Amendments was included in the project budget and there is no change in the project budget. Supervisor Clark moved that Amendments #4 and #5 to the professional agreement in the total amount of $30,538 be approved. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, 239 Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. County Administrator Caskey presented a Resolution to Endorse the Green Jobs Alliance, which is a regional initiative by the Green Jobs Alliance to develop energy efficiency in renewable energy industry's workforce. Randy Flood, Green Jobs Alliance, advised that the Green Jobs Alliance is the only non - profit partnership in the United States to solicit funds that are being earmarked for the Green Jobs Act, which was not originally funded. He advised that there is $500,000,000 that has been designated through the stimulus monies earmarked for green jobs. He advised that extensive studies have demonstrated that the east coast region is prime for off-shore wind and the key is during this economy to train jobs and use renewables. Supervisor Clark moved that the following Resolution of Support be adopted and that the request for funding be referred to the Board's Finance Committee: RESOLUTION TO ENDORSE THE GREEN JOBS ALLIANCE WHEREAS, the Green Jobs Alliance is a national nonprofit partnership created in response to the Green Jobs Act (included as Title X of Public Law 110 — 140, Energy Independence and Security Act of 2007) and in anticipation of the passage of the American Recovery and Reinvestment Act (ARRA); and, WHEREAS, the Green Jobs Alliance By -Laws and Articles of Incorporation are in alignment with the Green Jobs Act; and, WHEREAS, the Green Jobs Alliance has been designated a State Energy Training Partner by the Commonwealth of Virginia; and, WHEREAS, the Green Jobs Alliance is an organization formed by renewable energy industries and labor organizations, that includes a coalition of higher educational institutions, career and technical training schools, community service organizations, environmental groups, workforce investment boards, green construction companies, sustainable small businesses, and veteran's groups, who have partnered to provide education, green workforce training, job placement, and career development; and, WHEREAS, the mission of the Green Jobs Alliance is to coordinate the resourcing, training, and associated support for the development of an evolving energy efficiency and renewable energy industries workforce with a goal of economic independence for individual workers, including unemployed and underemployed workers, veterans, at -risk youth, workers 240 affected by national environmental and energy policy, individuals in need of updated training related to energy efficiency and renewable energy, and former incarcerated, adjudicated, non - violent offenders, and those who seek a pathway out of poverty; and, WHEREAS, the mission of the Green Jobs Alliance supports the Isle of Wight County's "green" initiatives; and, WHEREAS, the ARRA authorizes $500 million in competitive grants for green workforce training; and, WHEREAS, the Department of Labor has split funding into five (5) separate grant competitions for strategic partnerships and other entities to prepare workers for careers in energy efficiency and renewable energy industries; and, WHEREAS, the Green Jobs Alliance qualifies to apply for three of these grants, including the State Energy Sector Partnership and Training Grants ($190 million); the Energy Training Partnership Grants ($100 million); and the Pathways out of Poverty Grants ($150 million). NOW, THEREFORE BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia endorses the efforts of the Green Jobs Alliance and its applications for federal grants to provide green workforce training to the Hampton Roads region and the Commonwealth of Virginia. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. !/ Chairman Brown called for consideration of the Consent Agenda. A. Climate Change Resolution Resolution to Address the Problem of Global Climate Change B. Additional Funding for Real Estate Assessment Software and the Amendment to the county's Reassessment Contract Resolution to Appropriate Funds from the Unappropriated Balance of the General Fund to Enhance the Real Estate Assessment Process C. Monthly Financial Reports for County and Schools 241 // D. Change in Board of Supervisors' Meeting Schedule Resolution of the Board of Supervisors of Isle of Wight County, Virginia to Change Its Meeting Schedule Adopted by the Board at its Organizational Meeting of January 8, 2009 (Cancellation of December 3, 2009 meeting and change to the time of the December 17, 2009 meeting to 4:00 p.m.) E. Safe Routes to School Program F. June 11, 2009 Regular Meeting Minutes Supervisor Bradshaw moved that the Consent Agenda be approved. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Brown called for Appointments. Supervisor Clark moved that Malcolm "Pat" Clark be reappointed to serve on the Commission on Aging representing the Newport District. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark moved that Grace Keen be reappointed to serve on the Commission on Aging representing the Newport District. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw requested staff to contact Mr. Alphin and Ms. Darden to see if they are willing to serve again on the PACE Program. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that Janice Hardison be appointed to serve on the Redistricting Committee for the 2010 Census, representing the Carrsville District. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. 242 Supervisor Bradshaw moved that Glen Gaskins be appointed to serve on the Redistricting Committee for the 2010 Census, representing the Carrsville District. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Brown moved that Don Robertson be appointed to serve on the Redistricting Committee for the 2010 Census, representing the Hardy District. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Brown moved that Herb DeGroft be appointed to serve on the Redistricting Committee for the 2010 Census, representing the Hardy District. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Casteen moved that Harry Dashiell, Jr. be appointed to serve on the Redistricting Committee for the 2010 Census, representing the Smithfield District. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Casteen moved that Ric Bodson be appointed to serve on the Redistricting Committee for the 2010 Census, representing the Smithfield District. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that Charles Powell be appointed to serve on the Refuse Committee, representing the Carrsville District. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. /1 Chairman Brown called for the continuation of Old Business. Responsive to comments made at the August 10, 2009 meeting of the Isle of Wight Citizens Association regarding concerns expressed that some individuals had not been notified about the Western Tidewater Water Authority's new deep water well, Mr. Wrightson advised that residents within an area identified as the "well impact zone" had been notified. Supervisor Clark moved that staff be directed to contact Mr. Finderson with the list of names that were notified and, if Mr. Finderson's concerns can 243 be addressed, then the matter will be removed from the agenda. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Responsive to the Board's direction at its August 6, 2009 meeting to postpone the request for a fire alarm system in the Human Services Building, Steven A. Aigner, Fire and EMS Coordinator, briefed the Board on the results of a recent fire drill conducted in that building. Supervisor Bradshaw moved that the request be sent to the Board's Finance Committee for consideration and recommendation back to the Board. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // 1/ Chairman Brown called for New Business. No new business was offered for discussion by the Board. Interim County Attorney Burton requested a closed meeting pursuant to Section 2.2- 3711.A7 of the Code of Virginia regarding consultation with legal counsel requiring the provision of legal advice pertaining to the Southeastern Public Service Authority and pursuant to Section 2.2- 3711.A.7 regarding consultation with legal counsel requiring the provision of legal advice pertaining to property in the Newport District. Supervisor Bradshaw moved that the Board enter the closed meeting for the reasons stated by Interim County Attorney Burton. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board return to open session. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the following resolution be adopted. CERTIFICATION OF CLOSED MEETING 244 WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2- 3712.D of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: Bradshaw, Brown, Casteen, Clark and Wright NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 Supervisor Wright moved that the meeting time be extended past 11:00 p.m. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. /1 Supervisor Wright moved that County Administrator Caskey be authorized to advertise for an Assistant County Administrator position. The motion was adopted by a vote of (4 -1) with Supervisors Bradshaw, Brown, Clark and Wright voting in favor of the motion and Supervisor Casteen voting against the motion. // 245 At 11:45 p.m., Supervisor Wright moved that the Board adjourn its meeting. The motion was adopted by a vote of (5 -0) with Supervisors Brown, Bradshaw, Clark, Casteen and Wright voting in favor of the motion, and no Supervisors voting against the mot arey ' ills orm, Clerk 246 n, Jr., Ch irman